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64-410 - 96 SWAMPSCOTT ROAD - CONSERVATION COMMISSION ,w`/-910 96 Jaawps�oEc Rd C�+wio'1 /?i/antSt Erhvvc.aJ I . ASSOCIATES,Vine 253 Loin Street Suite 232 Xeivbw port March 13,2006 Massachusetts Ms. Heidi Davis 01950 DEP Northeast Region (978)465-1428 205B Lowell Street Fax Wilmington,Massachusetts 01887 (978)465-2640 wwir.nineassoeiales.net Re: Notice of Intent Filing File# 064-0410 96 Swampscott Road Dear Ms.Davis, As discussed on the telephone today,I have reviewed the DEP comments on the above- referenced Notice of Intent. I have enclosed a 40' scale of the Notice of Intent plan for your files along with a 20' scale supplemental grading and drainage plan that was presented at and made part of the file at the Salem Conservation Commission hearing held on February 23,2006. All of the issues identified in the DEP comments were raised and resolved at the Salem Conservation Commission hearing held on February 23,2006 as discussed below. 1. At present,an existing 12-inch flared end drainage pipe discharges stormwater from the existing parking lot located on the westerly side of the building overland down a steep slope to a small stream. The project will cap this pipe in place and redirect the storm drainage away from the resource area in a northerly direction to a new leaching basin which will connect to the City's existing storm drain line located in Technology Way. The proposed improvements are shown on the attached grading and drainage plan presented to the Conservation Commission at the February 23,2006 hearing. 2. The project is proposing a small expansion of the existing parking lot located along the westerly side of the building of which only 4,820 square feet will be constructed in wetland resource area(riverfront area). The project is a redevelopment project and will not increase the amount of impervious area or stormwater drainage flows at the site as the Ms. Heidi Davis MA DEP Northeast Region March 13,2006 Page 2 of 2 work is proposed in an impervious area comprised of granite outcrops.Because the change does not increase storrmwater flow and in fact eliminates untreated stormwater flows to the riverfront resource area, drainage calculations were not undertaken. 3. The Conservation Commission requested and the project proponent agreed to locate the snow disposal area along the northwest comer of the site in the parking lot. 4. The plantings in Table 1 were provided as a list for the project proponent to choose from to supplement the re-landscaping at the southeast comer of the building with native species that have high wildlife habitat value. It is anticipated that the project proponent will use one or more of these plants in this location. Should you have any questions or comments regarding this submittal,or if you require any additional information,please contact our office at(978)465-1428. Sincerely, VINE ASSOCIATES,INC. Susan St. Pierre Project Manager CC: J.H.Rockett Salem Conservation Commission c/o Frank Taormina Consultants ' Vine ASSOCIATES, INC. 253 Lo,v Street April 13, 2006 Smile 232 Newburypomr Mr. Kevin Cornacchio Mrtssachusetts Chair Salem Conservation Commission 01950 City Hall Annex (978)465-1428 120 Washington Street Far Salem, MA 02201 (978)465-2640 �,,,,,,,,vinenssnoiutes.rtet Re: Request to Amend Order of Notice of Intent Filing DEP File # 064-0410 96 Swampscott Road Dear Mr. Cornacchio, On behalf of 96 Swampscott Road, LLC, I would like to request an amendment to the Order of Conditions issued on the above-referenced project. As you may recall, the project proponents are renovating this previously vacant building into a multi-tenant facility. They have received several inquiries from office users interested in re-locating to the facility. However, the existing parking supply cannot support the related parking demand. To address this need, the project proponents would like to construct a new 30-space parking area to the east of the existing drive. This area is also located within the Riverfront Area. A portion of the parking lot would be constructed within the Inner 100 foot Riparian zone. This area is separated from the existing stream that traverses along Swampscott Road by several granite outcrops and thus we do not anticipate any adverse impacts to the interests of the Massachusetts Wetlands Protection Act. We have also attached a proposed Riverfront Restoration Plan, which would remove invasive species and debris from the area. A description of the work and compliance with the Riverfront Area performance standards are provided on the following pages. Mr. Cornacchio Salem Conservation Commission April 13, 2006 Page 2 of 7 Project Description 96 Swampscott Road is a previously developed industrial site that is 13 acres in size and, because it is bounded by steep slopes and streams ("rivers") on two sides, a large portion of the site (8.6 acres or 66% of the site area) contains Riverfront Area. The portion of the site along Swampscott Road is a previously developed Riverfront Area that was originally altered as part of the Project building construction in the early 1980's and the construction and maintenance of Swampscott Road and the overhead utility lines. The stream is located in close proximity to Swampscott Road and is in a somewhat degraded condition containing debris such as trash and dumped brush and invasive species along its banks and throughout the adjacent Riverfront Area. The proposed parking lot would be accessed from the existing internal road and would be constructed at a lower elevation than the existing roadway to take advantage of the existing topography. The parking lot will be graded away from the stream and will have 2:1 side slopes. A deep sump catch basin will be installed in the southeastern portion of the parking lot leading to a flared end drainage pipe with a rip rap level spreader at the outlet. A stairway will allow access up to the building. Siting the parking lot at the lower elevation will minimize the amount of fill required and its visual impact. The total area altered by the parking facility is approximately 23,627 square feet (so of which approximately 9,006 sf are located within the Inner 100 foot Riparian zone. Compliance with Performance Standards Pursuant to the regulations at 310 CMR 10.58(4)(d), the Commission may allow the alteration of up to 5,000 sf or 10% of the riverfront area (whichever is greater)within a lot that was recorded on or before October 6, 1997. As noted above, the Project site contains 8.6 acres or 374,616 sf of Riverfront Area. The proposed parking lot will alter approximately 23,627 sf of Riverfront Area. The previously issued Order of Conditions issued on the Project allowed alteration of 13,970 sf of Riverfront area which, when combined with the current proposal, results in a total Project alteration of 37,597 sf(or just under 10%) of the overall Riverfront area. The regulations at 310 CMR 10.58 (4)(d) combined with 10.58(5)(c) essentially prohibit work within 100 feet of"rivers" unless, pursuant to 310 CMR 10.58(4)(0, Riverfront Restoration is proposed at a ratio of 1:1 restored area to area of alteration. As shown on the attached plans and as described in Attachment A, Riverfront Restoration Plan, the Riverfront Area located east of the existing building will be restored through the removal of debris and invasive species. The total Riverfront area on this side of the site where the Riverfront restoration activities are proposed totals approximately 28,850 sf(not Mr. Cornacchio Salem Conservation Commission April 13, 2006 Page 3 of 7 including the pond and adjacent BVW) of which 23,550 is located in the Inner 100 foot Riparian zone. The total proposed alteration within the Inner 100 foot Riparian zone is approximately 9,006 sf. Thus, the restoration is being provided at a ratio of1.22:1 restored area to area of alteration. In summary, the location of the lot has been carefully considered to minimize impacts in the Riverfront Area. Locating the parking lot outside of the Riverfront Area is impossible anywhere on the site due to the extent and location of the Riverfront Area. The lot has been sited to take advantage of existing large granite outcrops located between the proposed work and the stream along Swampscott Road. A Riverfront Restoration Plan, monitored by a wetland scientist, is proposed and described in Attachment A to improve the function and value of the Riverfront resource area. As required, we have notified abutters by certified mail of the request for amendment to the Order of Conditions. Should you have any questions or comments regarding this submittal, or if you require any additional information, please contact our office at (978) 465-1428. Sincerely, VINyE� ASSOCIATES, INC. 9' C 'auuna `FOR SUSAK> gT. Q=GReE� Susan St. Pierre Project Manager CC: J.H. Rockett Mr. Cornacchio Salem Conservation Commission April 13, 2006 Page 4 of 7 Attachment A Riverfront Area Restoration Plan 96 Swampscott Road Salem, MA The project site at 96 Swampscott Road in Salem, Massachusetts is a previously developed industrial site approximately thirteen acres in size. It currently contains an existing, vacant building and parking areas. The site is bounded on the north and west by two adjacent industrial/commercial sites. A junkyard lies directly south of the site and a commercial fitness center is located southeast of the site. Swampscott Road runs along the eastern boundary of the site. Forest River, a perennial stream, runs through the eastern portion of the site, directly adjacent to Swampscott Road. An unnamed stream runs through the southern portion of the site, between the existing pavement and bordering junkyard. These streams are shown as being perennial on the United States Geologic Survey topographic map. The unpaved areas within the site are primarily forested and consist of both upland and wetland areas. On-site wetland resource areas include Bordering Vegetated Wetlands(BVW), Inland Bank, Land Under Water, and Riverfront Area. The BV W and a portion of the Land Under Water are located within the Riverfront Area. The Riverfront Area within this site was originally altered during building construction and site development in the early 1980s. Because the site is not currently occupied and in use, large amounts of trash and debris have been dumped at the site,both within the paved and unpaved areas, including the Riverfront Area and other on-site resource areas. The debris includes building materials of various types, metal appliances, tires, aerosol cans,bottles, organic debris including dumped brush, and other miscellaneous trash. The Riverfront Area adjacent to the Forest River in the eastern portion of the site extends from the top of the Bank of the Forest River out 200 feet, and includes forested uplands, a Bordering Vegetated Wetland, a man-made pond, and portions of the existing building, Mr. Cornacchio Salem Conservation Commission April 13, 2006 Page 5 of 7 driveway and parking lot. The upland section of the Riverfront Area closest to the Forest River is primarily forested with red oak(Quercus rubra)and wild black cherry(Prunus serotina) as the dominant tree species. Sweet pepperbush,buckthorn (Rhamnus cathartica), and bush honeysuckles (Lonicera spp.) are common in the shrub layer. The vine layer is dominated by multiflora rose (Rosa multiflora), Asian bittersweet (Celastrus orbiculata) and poison ivy(Toxicodendron radicans). Catbrier(Smilax spp.) is also common in the vine layer. Multiflora rose (Rosa multiflora) and Japanese knotweed (Polygonum cuspidatum) are also common along the wetland/upland boundary. A large granite outcrop separates the upper portion of the Riverfront Area from the lower portion. The canopy of the BVW in this area is dominated by red maple(Acer rubrum). Green ash (Fraxinus pennsylvanica) is also present. Highbush blueberry(Vaccinium corymbosum) and sweet pepperbush(Clethra alnifolia) dominate the shrub layer. A large patch of common reed(Phragmites australis) exists next to the edge of the man-made pond close to Swampscott Road and the Forest River. Japanese knotweed also occurs near the banks of this pond, and cattails (Typha spp.) occur within the pond near the culvert that runs under Swampscott Road. Many of the species that occur on-site, and often dominate an area, are considered to be exotic invasive species. These species include buckthorn, honeysuckle,multiflora rose, Asian bittersweet, Japanese knotweed, and Phragmites. Other exotic invasive species observed on site include Japanese barberry(Berberis thunbergii) and Tree-of-heaven (Ailanthus altissima). Native species can also become invasive at times. These species may include catbrier and poison ivy. The presence of such a large number of invasive species throughout the Riverfront Area impacts the area's natural ability to function to its full potential, especially for providing wildlife habitat and maintaining natural diversity. Restoration of the Riverfront Area is proposed for offsetting impacts created through the installation of parking area within a Previously Developed Riverfront Area. A total of Mr. Cornacchio Salem Conservation Commission April 13, 2006 Page 6 of 7 26,800 square feet of Riverfront Area is proposed to be restored. The restoration of the Riverfront Area includes the removal of the large amount of trash and other debris that is present throughout the Riverfront Area and the BV W. The restoration plan also includes the removal of many of the invasive species previously listed. Woody species to be removed include buckthorn, honeysuckle, Japanese barberry, multifora rose, and Asian bittersweet. Individuals of these species will be be identified and clearly marked by a trained wetland scientist prior to removal. The preferred method of removal for these species is physical removal through hand-pulling or with a grubbing hoe. Physical removal is often highly effective for shallow-rooted plants such as buckthorn and honeysuckle. Cutting is also an effective method for individuals which are too large to remove. If individuals are cut rather than uprooted, the initial cutting will occur in May or June and will be repeated at least two more times during the growing season. In some cases, as determined by the wetland scientist, chemical treatment for larger stumps may be required. In such cases, chemical treatment will be conducted by a licensed professinal using only the minimumal amount of the proper herbicide. Herbaceouse plants, such as Japanese knotweed, Phragmites, and purple loosestrife, tend to be much more difficult to control, and practically impossible to eradicate. Japanese knotweed and Phragmites occur in clumps in several locations in the eastern portion of the site. These species will be cut and removed from the site. The ground surrounding the plants will then be covered with a black plastic bag or shadecloth, to prevent the re- sprouting of these plants. This area will be planted with low-lying native shrub species such as Meadowsweet, Elderberry, Wild Raisin,Bayberry and Highbush blueberry with the shadecloth still in place. These species also respond well to cutting followed by applications of glyphosphate. However, a more natural control of these species is desired above the use of herbicides. Mr. Cornacchio Salem Conservation Commission April 13, 2006 Page 7 of 7 In order to restore the Riverfront Area at this location, large amounts of debris will be removed from the site. Invasive species, many of which occur within the shrub and vine layers, will also be removed. The removal of these shrubs and vines will allow for greater natural regeneration of native tree and shrub species, enhancing both wildlife habitat and natural diversity. Any other invasive species listed by the U.S. Army Corps of Engineers and Massachusetts Natural Heritage and Endangered Species Program that are observed on-site will be documented and removed. P r� 44 ,. • �P, C� �v CITY OF SALEM ` CONSERVATION COMMISSION May 17, 2006 96 Swampscott Road,LLC 5 Corn Point Road Marblehead,MA 01945 Re: Amended Order of Conditions DEP#64-410-96 Swampscott Road, Salem, MA Dear Mr. Thibert: Enclosed, please find the Amended Order of Conditions for the above referenced project. Following the 10-day appeal period and prior to starting any work on site, this document must be recorded at the Essex County II`egistry of Deeds. Please fill out and return the Recording Information on page 9 of the Order of Conditions, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 745-9595 x 311. Sincerely, XZnkaor a Planner /Harbor Coordinator 120 WASHINGTON .STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling From: 1.Conservation Commission out forms on the computer, 2.This issuance is for(check one): a. 0 Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not 96 Swampscott Road LLC use the return a.First Name b.Last Name o.Company key. 5 Com Point Road d.Mailing Address m Marblehead MA 01945 e.Cltylrown I.State g.Zip Code nm 4. Property Owner(if different from applicant): a.First Name b.Last Name a Company d.Mailing Address e.Cilyrrown f.State g.Zip Code 5. Project Location: 96 Swampscott Road Salem a.Street Address b.Cltyrrown Map 7 Lot 0070 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): a.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex 69284 (PL 11802-42) a.County b.Certificate(if registered land) c.Book d.Page �. Dates: February 3, 2006 March 9, 2006 March 9, 2006 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Concept Site Plan 96 Swampscott Road a.Plan Tdle Patrowicz Land DevelopmentPatrowicz Land Development Engineering Scott Ian Patrowicz b.Prepared By c.Signed and Stamped by Feb 3, 2006 1"=80' d. Final Revision Date e.Scale Site Plan Grading Drainage for Salem Commerce Plan Grading& Drainage for Salem Commerce Park Swampscott Rd Rd Feb 16, 2006 f.Additional Plan or Document Title g.Date wpafomO.doo• rev.311N5 Pegs 1 019 i LlMassachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. Public Water Supply b. ❑ Land Containing Shellfish a Prevention of Pollution d. Private Water Supply s. Fisheries f. 0 Protection of Wildlife Habitat g. Groundwater Supply h. Storm Damage Prevention i. Flood Control z. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: a. 0 the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent to t is submitted which provides measures which are adequate to protect these in terests, and a final Order of Conditions is issued.A description of the performance standards which the proposed work cannot meet Is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Acts interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ! Buffer Zone Impacts: Shortest distance between limit of project disturbance and 80 wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet &linear feet c.linear feet d. linear feet s. ❑ Bordering Vegetated Wetland a.square feat b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged wpeMm5.doc- rev.3111135 Pogo 2 N 9 __ 1 t . Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions #64.410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a.square feet b.square c.feet square feet d.square feet Cubic Feet Flood Storage e cubic feet f.cubic feet g.cubic feet h.cubic feet 8. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 13,970 13,970 s. Riverfront area a.total sq.feet b.total sq.feet Sgftwithin100ft 1,300 1,300 1,300 1,300 o square feet ci.square feet e.square feet f.square feet 12,670 12,670 Sq ft between 100 200 ft g.square feet h.square feet I.square feet I.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.dy noudshmt. d.cty nourishmt. 14. ❑ Coastal Dunes a.square feet b.square feet c.efy nourishmt. d.dy nourishmt 1s. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feat c.square feet d.square feet le. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet vpaiom5.dm• rev.3/1A5 Page 3 of s Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the perrnittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, fires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"] "File Number fi64-410 ' wpafam5.doe. rev.311/06 Pepe 4 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Storrnwater Policy Standards. Special Conditions: If you need more See Attached Sheet space for additional conditions, select box to attach a text document N vgaba 5.dx- rev.&LDS pepBsora Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions -a+o Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No z. The hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. a. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more space for a The special conditions relating to municipal ordinance orb law areas follows: additional conditions, select box to attach a text document ❑ xpmV,n5.dw• rev.311MS Page 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special March 9, 2006 condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form: four(4) This Order must be signed by a majority of the Conservation Commission. 2.Number of signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Prot n Regional Office, if not filing electronically, and the property owner, if different from applicant Signatures Notary Acknowledgerneni Commonwealth of Massachusetts County of Essex On this 9th of March 2006 Day Month Year Before me, the undersigned Notary Public, Kevin Comacchio, Michael Blier, Keith Glidden, personally appeared & David Pabich proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that helshe signed it voluntarily for its stated purpose. As member of Salem Conservation Commission Cltyirown FRANKTAORMINA �j Notary Public I\� Commonwealth of Massachusetts My Commission Expires Sig lure of N Public \ April 27,2012 &r-j44. Printed Namepf Nolary Public Place notary seal and/or any stamp above 27 f 2Q/Z My Commission Fires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested, on Date Date wpafann5.doc• rev.3ni05 Page 7ofa Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw,and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpaknr6dw•rev.311105 Pepe a of e Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------------------------------------------------------------------------------------ To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at 96 Swampscott Road #64410 Project Location DEP File Number Has been recorded at the Registry of Deeds of. Essex County Book Page for. Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date l If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wparoan5.dw- m.&1N5 Page 90r9 Attachment to Order of Conditions # 64-410 Page lof 5 a-V SALEM CONSERVATION COMMISSION DEP FILE#64-410 96 Swampscott Road (former Atlantic Extrusions Property) City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage&Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any veinal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34,Section 34-1 —34-13. This Order perrttits the expansion of a parking lot on the western edge of the site affecting 8,110 square feet of the outer riparian zone of a Riverfront Area. The removal of an existing elevated ramp on the southwestern side of the existing building and adding additional parking spaces affecting 4,560 square feet of outer riparian zone of a Riverfront Area Also the removal of silos, concrete pad, and illegal dumping debris on the southern side of the existing building with additional parking spaces affecting 1,300 square feet of inner riparian zone of a Riverfront Area and within a buffer zone to a Bordering Vegetated Wetland. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all S pages)at the Essex County Registry of Deeds or the Land Court for the district in which the land is located,after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34, Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-410,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. Attachment to Order of Conditions #64-410 Page 2of S 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicanf'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500, 86 stat. 816),U.S.Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of see.27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G.L.Ch.21A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Concept Site Plan—Site Plan Grading&Drainage for Salem Commerce Park Q 96 Swampscott Road (Tile) February 3,2006—February 13,2006 (Dated) Scott Ian Patrowicz (Signed and Stamped by) City of Salem Conservation Commission (On Jlle with) • w` Attachment to Order of Conditions#64-410 Page lot 5 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field,as to whether the change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number_as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work,and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pro-construction meeting. 20. No cleating of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be twenty(20)hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;the Commission may require additional measures. 23. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. y e Attachment to Order of Conditions #64-410 Page#Of S 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty(30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-tern stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two(2)months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21 A,section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). 3° 1 Attachment to Order of Conditions# 64-410 Page 5of 5 a.. (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) Aline delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order, 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registrys Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 96 Swampscott Road #64-410 Project Location DEP Fib Number Has been recorded at the Registry of Deeds of: Countyk Boo Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: �Y1 Instrument Number . If registered land, the document number identifying this transaction is: 11,6 7 Document Number Signature�ica wpafam5.dDc• rev.UIMS Page got 9 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. - - - ------- ---------------------------- To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 96 Swampscott Road Project Location DEP ile r e�L1�'r'�m�M7 sr Has been recorded at the Registry of Deeds of: f y 17 ?006 Essex County Book for: RECEIVE.': Property owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: yA� 14 y (3 c-aoS-yc)o Document Number Signature of Applicant uyaron&dw• rev.311105 Page909 Essex Southern District Registry of Deeds 36 Federal Street Salem, MA 01970 Receipt for Services Batch # : 201339 Date and Time Recorded: 5/17/2006 12:34:OOPM Account# : 0 Customer: Document Type Document Number Fee Type Amount III CONDN 467440 Certificate Action Certificate Numbei Create Memo C205 000 FEE 55.00 ENVFEE 20.00 Total Charges: 75.00 Payments: Payment Typt Check# Amount 75.00 Total Payments: 75.00 CITY OF SALEM CONSERVATION COMMISSION April 18, 2007 Joe Thibert 96 Swampscott Road LLC 5 Corn Point Road Marblehead, MA 01945 Re: Certificate of Compliance—DEP #64-410—96 Swampscott Road, Salem, MA Dear Mr. Thibert: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street Salem, Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Sincerely, Carey 7ques 74 Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 sa-a10 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the 96 Swampscott Road LLC computer, use Name only the tab key to move 5 Corn Point Road your cursor- Mailing Address do not use the Marblehead MA 01945 return key. City/Town �--� State Zip Code (llurlM l 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: ��-V�I Name resin Dated DEP File Number 3. The project site is located at: 96 Swampscott Road Salem Street Address City/Town Map 7 Lot 0070 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex County Book Page 467440 Cert. C205-000 Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: March 2, 2007 and March 21, 2007 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpatorm 8b.dm•rev.7/18414 Page 1 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 64410 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem �$ 0 Conservation Commission D to of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropri P Regional Office (S a Attachment). Signatures: J wpaform Be doe•rev.7/13/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 12 Of April 2007 Day Month Year before me, the undersigned Notary Public, personally appeared K. Cornacchio, D. Pabich, D. Summer, and A. Hamilton , Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission City/town CAREY R.DUOUE8 Ribk MN Not" wtM�lem August 10,2013 Y natur of Notary Public Carey R. Duques Printed Name of Notary Public August 16, 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaiorm 8b.doc•rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. ------------------------------------------------------------------------------------------------------------------- To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 96 Swampscott Road 64-410 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaforra 8odoc•rev.7I13104 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales 9 Afford Cummington Hatfield Monterey Richmond Were Suite 402 Arnherst Dalton Haw/ey Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchenown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardston Egrenont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimeld Flonda Lanesborough North Adam Shutesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Chadamont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williartsburg Chester Granvifle Leyden Obs Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland WoMington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charhon Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Millville Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston Nouhborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbndge Southbridge West Boylston Fax:508-792-7621 Ayer East Brcok ield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge - Winchendon Blackstone Groton Marlborough Pepperell Sutlon Worcester Bolton Harvand Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mention Pnncaon Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mabapoisett Provincetown Tisbury 20 Riverside Drive Acushnel Dennis Gay Head Middleborough Raynham Troro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Du>aury Halifax New Bedford Rochester Wellfleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Boume Easton Harwich Norwell Scituate West Tsbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Colman, Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelrrsford Hingham Merrimac Comity Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Caresser Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Milks Revere Watertown Phone:617-654.6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Waston Boxford Everett Lynnfield Nawburyport Sherbom Westwood Braintree Frarringham Maiden Newton Sornerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Camondge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsheid wpaforrn8b.doc•DEP Addresses•rev.4/18/07 Page 1 of 1 /- Massachusetts Department of Environmental Protection I Bureau of Resource Protection - Wetlands DEP File Number_ WPA Form 8B — Certificate of Compliance 64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. ----------------------- ----I——-------- -------------------------------------------------- - -R€ EIuED To: APR 2 6 2007 Salem DEPT.OF PLANNING& nnnnNITv DEVELOPMENT Conservation Commission rnn Please be advised that the Certificate of Compliance for the project at: 96 Swampscott Road 64-410 I Project Location, DEP File Number NI Has been recorded at the Registry of Deeds of: Soy+ "1 c.PFx am jru mr,.rre,- County ur,y i mu l e for: APR 2 3 2007 Property OwnerOK PG Z_ C� and has been noted in the chain of title of the affected property on: O r C 2OS Date Bee C yz' If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: j Document Number Signatu ;of iicant wpaform Bb.doo•rev.7/1 B/04 N 4 478341 (Page 4 of 6) Southern Essex trict Registry 03 56 PM COMP Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): a. ❑ Order of Conditions b. 0 Amended Order of Conditions use only the tab key to 3.To: Applicant move your cursor-do not 96 Swampscott Road LLC use the return a.First Name b.Last Name c.Company key. 5 Corn Point Road d.Mailing Address °6 Marblehead MA 01945 e.Cityrrown f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.Crty/rown _ f.State g.Zip Code 5. Project Location: 96 Swampscott Road Salem a.Street Address b.City/rown Map 7 Lot 0070 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known(note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex 69284 (PL 11802-42) a.County b.Certificate(if registered land) c.Book d.Page �. Dates: April 13, 2006 May 11, 2006 May 11, 2006 a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Layout for Front Parking Area to Accompany NOI Application for Salem Commerce Parts a.Plan Title Patrowicz Land Development Engineering Scott Ian Patrowicz b.Prepared By c.Signed and Stamped by May 11, 2006 1"=20' d.Final Revision Date e.Scale Overall Site Plan to Accompany NO[Application for Salem Commerce Park May 11, 2006 f.Additional Plan or Document Title g.Date ag8rann5.d0C• W.NV05 Papa t of 9 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings 1. Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish a ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: a. a the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Acts interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(5)(c). Inland Resource Area Impacts:Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear(feet b.linear(feet c.linear(feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 5. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged wpelarm5-dec• rw.31IN5 Pepe 2 a p L Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet e. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 23,300 23,300 9. ■ Riverrront area a.total sq.feet b.total sq.feet 10,900 10,900 23,710 23,710 Sq It within 100 ft c.square feet d.square feet e.square feet f.square feet Sq It between 100-200 ft 12,400 12,E 7,190 7,190 g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below it. ❑ Land Under the Ocean a.square teat b.square teat a cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.Uy noudshmt. d.c!y nourishmt. 14. ❑ Coastal Dunes a.square feet b.square feet a cty nourishmt. d.dy nourishmt 15. ❑ Coastal Banks a.linear feet b. linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 2o. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpafonnSdoe• rev.311M Page 3 of Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Fite Number. WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 8. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe,tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Omer is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection'[or, "MA DEP") "File Number f164-410 " wpdWn5.d= M.3MM Pepe 4 of Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Storrnwater Policy Standards. Special Conditions: If you need more See Attached Sheet space for additional conditions, select box to attach a te)d document wp8km6.d=• w3nx6 Papa 5of9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions : 64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No 2. The hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. a. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. s you need more a The special conditions relating to municipal ordinance or law areas follows: space for I� 9 Pa Y additional conditions, select box to attach a text document ❑ wpefonn&doe• rev.311/05 paae600 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special May 11 2006 condition pursuant to General Conditions#4,from the date of issuance. t.Date of issuance Please indicate the number of members who will sign this form: Six(6) This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protectio Regional Office, if not filing electronically, and the property owner, if different from applicant Signatures: azel ��Q —a+ — H Notary Acknowledgement ement Commonwealth of Massachusetts County of Essex 11th May 2006 On this Day of Month Year - Before me, the undersigned Notary Public, Kevin Comacchio, Kevin Carr, Michael Blier, personalty appeared Keith Glidden, Joe Fumad& David Pabich proved to me through satisfactory evidence of identification,which wastwere personalty known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed k voluntarily for its stated purpose. As member of Salem Conservation Commission Cityfrown FRANK TAORMINA V Notary Public CMy Cr mmi of MassachusettsMy Commission Expires sign re of Notary P lic April27,2012 Frank Taormina Printed Name of Notary Public i April 27, 2012 Place notary seal and/or any stamp above My Commission Expires(Date) This Order is issued to the applicant as follows: i ❑ by hand delivery on ® by certified mail, retum receipt requested,on Date Date wpdan5.doc• rev.311105 Pap7ar8 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions f164-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant.Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G,Recording Information Is available on the following page. wpafomd.d= m.WIMS pap8ofs ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-410 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------------------------------------------------------------------------------------- To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 96 Swampscott Road #64-410 Project location DEP File Number Has been recorded at the Registry of Deeds of. County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant �paro'm5Aoc-rev.811N5 Papa Barg Attachment to Amended Order of Conditions#64-410 Page lof S SALEM CONSERVATION COMMISSION DEP FILE #64-410 (AMENDMENT) %Swampscott Road City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage&Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries and Wildlife,it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. This Order permits the construction of a new 30-space parking lot fronting Swampscott Road and affecting 23,300 square feet of total Riverfront Area(10,900 square feet of inner riparian zone and 12,400 square feet of the outer riparian zone). The applicant shall also restore a total of 30,900 square feet of Riverfront Area(23,710 square feet of inner riparian zone and 7,190 of outer riparian zone) with native non-invasive plant species as identified in the approved Riverfiront Restoration Plan. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 5 pages)at the Essex County Registry of Deeds or the Land Court for the district in which the land is located,after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131,Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing,a sign shall be displayed showing DEP File#64-410, and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. o j ea Attachment to Amended Order of Conditions#64-410 Page 2of ryC 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal,state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following- (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500, 86 stat. 816),U.S.Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec.27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G.L.Ch.2 1 A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Lavout for Front Parkina Area to Accompany NOI Aoalication for Salem Commerce Park (TW) May 11,2006 (Dared) Scott Ian Patrowicz (Signed and Stamped by) City of Salem Conservation Commission (On fik with) Attachment to Amended Order of Conditions # 64-410 Page 3of I 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referenced to in all future deeds to this properly. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work,and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be twenty(20)hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;the Commission may require additional measures. 23. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. Attachment to Amended Order of Conditions# 64-410 Page 4of 5 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty(30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two(2)months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stomrwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A,section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance forth(WPA Form 8A or other form if required by the Conservation Commission at the time of request). Attachment to Amended Order of Conditions#64-410 Page 5of 5 (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all arras under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order, 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall fast request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. AMENDED CONDITIONS 43. This Order is contingent on the submittal of a Riverfront Restoration Plan by the applicant and review/ approval of such plan by the Commission. 44. If the approved parking area fronting Swampscott Road is deemed not to be needed by the applicant, and is not constructed,the applicant has agreed to still restore a total of 30,900 square feet of Riverfront Area(23,710 square feet of inner riparian zone and 7,190 of outer riparian zone)with native non- invasive plant species as identified in the Riverfront Restoration Plan. 45. Applicant shall investigate the flow of river as it enters the small pond to decrease debris build-up, which has in turn increased eutrophication and stagnant water. The commission shall review such investigation and consider whether the removal of such debris is ultimately necessary. • • NOTICE OF INTENT 96 SWAMPSCOTT ROAD SALEM, MA • • Submitted to: SALEM CONSERVATION COMMISSION CITY HALL 120 WASHINGTON STREET SALEM, MA 01970 0 Prepared for: 96 SWAMPSCOTT ROAD,LLC 5 Corn Point road Marblehead, MA 01945 Prepared by: • VINE ASSOCIATES, INC. 253 Low Street Newburyport, MA 01950 In Association with Patrowicz Land Development Engineering 0 February 3,2006 • • • ine ASSOCIATES, INC. • 253 Low Street Suite 2?2 Ncwbunport February 3, 2006 Ahasachuretts • Mr. Kevin Cornacchio 01950 Chair (978)465-1428 Salem Conservation Commission Far City Hall Annex (978)465-2640 • 120 Washington Street www.oirtenssoeiutes.ttet Salem, MA 02201 Re: Notice of Intent Filing 96 Swampscott Road • Dear Mr. Cornacchio, Enclosed please find one original and six (6) copies of a Notice of Intent to undertake • limited site improvements at 96 Swampscott Road in Salem, MA. Portions of the site are located in the Riverfront Area and hence, a Notice of Intent is required for some of the limited site work being proposed. The thirteen acre site contains an existing building, parking lots and internal roadways. The building, which has been vacant for more than two years, will be re-used as industrial and office space. Limited site improvements, which will improve the appearance of the area, will be undertaken. These activities include re-paving of existing parking lots and internal roadways and strategic re-landscaping. In addition, a parking area in the rear of the building will be expanded by the removal of ledge to add • parking spaces and landscaping. Existing piles of previously dumped construction debris and other materials will be removed from the Riverfront Area and an existing storm drainpipe that currently discharges to the Riverfront Area will be plugged in place and the storm drainage directed to a new drain line equipped.with a stormwater quality •r device. • • Mr. Cornacchio Salem Conservation Commission Februaary3, 2006 Page 2 of 2 • As required, one (1) copy of the Notice of Intent has been submitted to the Northeast Regional Office of the Department of Environmental Protection. We have enclosed a check in the amount of$387.50 to cover the local filing fee. Should you have any questions or comments regarding this submittal, or if you require any additional • information, please contact our office at (978)465-1428. Sincerely, VINE ASSOCIATES, INC. • -��G'� ��'�" " _'CCU Susan St. Pierre Project Manager • CC: J.H. Rockett DEP Northeast Region (1 copy) • • • • • it • INDEX • Attachments 1. WPA Form 3 - NOI Application Form • 2. Project Description 3. Wetland Delineation • 4. Abutters List and Notification 5. List of Plans • • • • • f • • • • • • • • • • ATTACHMENT 1 WPA Form 3 - NOI Application Form I � I • Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem • City/rown Important:Whenfilling out A. General Information When forms on the computer,use 1. Project Location (Note: electronic filers will click on button for GIS locator): only the tab key to move your 96 Swampscott Road Salem 01970 • cursor-do not use the return a.Street Address b.City/rown c.Zip Code key' Latitude and Longitude: 42/34'39" 71/02'25 �V d. Latitude e.Longitude Map 07 Parcel 0070 0 f.Assessors Map/Plat Number g. Parcel/Lot Number • FA 2. Applicant: 96 Swampscott Road, LLC a.First Name b.Last Name c.Company Note: 5 Corn Point Road Before completing this form consult Marblehead MA 01945 • your local e.City/rown f.State g.Zip Code Conservation (781)631-5015 Commission h. Phone Number i. Fax Number j.Email address regarding any municipal bylaw 3. Property owner(if different from applicant): ❑ Check if more than one owner or ordinance. James Burritt Atlantic Extrusions Corp. a.First Name b.Last Name c.Company 720 Brixworth Blvd., Suite 200 P.O. Box 23583 d.Mailing Address Knoxville TN 37933-1583 e.City/rown f.State g.Zip Code • (865)675 6988 h.Phone Number i.Fax Number j.Email address 4. Representative (if any): Vine Associates, Inc. a.Finn Susan St. Pierre b.Contact Person First Name c.Contact Person Last Name 253 Low Street d.Mailing Address Newburyport MA 01950 e.City/Town f.State g.Zip Code 978-465-1428 978-465-2640 sst.pierre@vineassociates.net h.Phone Number i.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $500.00 $237.50 $262.50 a.Total Fee Paid b.State Fee Paid c.Cityrrown Fee Paid • 6. General Project Description: Limited site improvements and expansion of parking lot. • wpaform3.doc•rev.3/29105 Page 1 of 7 i • Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSalem • City/rown A. General Information (continued) 7. Project Type Checklist: • a. ❑ Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ® Commercial/Industrial e. ❑ Dock/Pier f. ❑ Utilities • g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry i. ❑ Transportation j. ❑ Other • 8. Property recorded at the Registry of Deeds for: Essex a.County b.Page Number 69284(PL 11802-42) c.Book d.Certificate#(if registered land) • 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑ Yes b. ® No • 10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ❑ Yes -answer 11 below, then skip to Section C. b. ® No-skip to Section B. • If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. • 11. Buffer Zone Setback—For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): a. ❑ BVW b. ❑ inland bank c. ❑ coastal resource area The distance between the closest project disturbance and the associated resource area is: • d.linear feet • wpaform3.doc•rev.3129/05 Page 2 of 7 • Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSalem • City/Town B. Resource Area Effects 1. Inland Resource Areas • Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document • transaction a. ❑ Bank 1.linear feet 2.linear feet number b. ❑ Bordering Vegetated (provided on Wetland 1.square feet 2.square feet your receipt page)with all c. ❑ Land Under 1.square feet 2.square feet supplementary Waterbodies and • information you Waterways submit to the 3.cubic yards dredged Department. d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced • e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced un-named f. ® Riverfront area 1.Name of Waterway(if available) • 1.Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only • ® 200 ft. -All other projects 2. Total area of Riverfront Area on the site of the proposed project: 376,194 Square Feet 3. Proposed alteration of the Riverfront Area: •, 13,970 1,300 12,670 a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 ft.and 200 ft. 4. Has an alternatives analysis been done and is it attached to this NOI? ® Yes❑ No 5.Was the lot where the activity is proposed created prior to August 1, 1996? ® Yes❑ No • • wpaform3.doc•rev.3/29/05 Page 3 of 7 I_ Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem • City/Town B. Resource Area Effects 2. Coastal Resource Areas: 0 Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ElDesignated Port Areas Indicate size under Land Under the Ocean, below number (provided on b. ❑ Land Under the Ocean 1.Square feet your receipt page)with all 2.Cubic yards dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you c. ❑ Barrier Beach below submit to the 0 Department. d. ❑ Coastal Beaches 1.Square feet 2.Cubic yards beach nourishment e. ❑ Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment f. ❑ Coastal Banks 1.Linear feet g. ❑ Rocky Intertidal Shores 1.Square feet h.❑ Salt Marshes 1.Square feet 2.Sq It restoration,rehab.,or creation • i. ❑ Land Under Salt Ponds 1.Square feet 2.Cubic yards dredged j. ❑ Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. • k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged i. ❑ Land Subject to Coastal Storm Flowage 1.Square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ❑ Yes ® No If yes, describe which limited project applies to this project: b.Limited Project wpaform3.doc•rev.3/29/05 Page 4 of 7 • Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSalem • Citylrown C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2. ❑ DEP BVW Field Data Form (attached) number (provided on 3 ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) your receipt • page)with all 4. M Other Methods for Determining the BVW Boundary(attach documentation): supplementary information you a. ® 50%or more wetland indicator plants submit to the Department. b. ® Saturated/inundated conditions exist • c. ® Groundwater indicators d. ® Direct observation For all projects affecting other e. ® Hydric soil indicators Resource • Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a Mean High Water- Riverfront Area narrative 5. Other resource areas delineated: explaining now D. Other Applicable Standards and Requirements the resource PP q area was • delineated. 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ❑ Yes M No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program • Division of Fisheries and Wildlife June 1, 2003 Route 135, North Drive b.Date of Map Westborough, MA 01581 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? • a.❑ Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to: Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 b. ❑ Not applicable—project is in inland resource area only • 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC • wpaform3.doc•rev.3/29/05 Page 5 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem • City/Town D. Other Applicable Standards and Requirements Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? document ❑ transaction a. Yes ® No number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page)with all wetlands regulations, 310 CMR 10.00. • supplementary information you a. ❑ Yes ® No If yes, describe which exemption applies to this project: submit to the Department. b.Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No If yes, stormwater management measures are required.Applicants should complete the Stormwater Management Form and submit it with this form. b. If no, explain why the project is exempt: E. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users: Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. 1. ® USGS or other map of the area (along with a narrative description, if necessary)containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) • 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. 0 Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • 4. ® List the titles and dates for all plans and other materials submitted with this NOI. 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. • 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. a. ® Attach NOI Wetland Fee Transmittal Form 9. ® Attach Stormwater Management Form, if needed. wpaform3.doc•rev.3129105 Page 6 of 7 02/02/2006 15:55 7816397040 PAGE 03 • Massachusetts Department of Environmental Probecdon Bureau of Resource Protection -Wetlands :I.A0 i4ilej*~ : WPA Form 3 — Notice of intent • Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SalmreiAltartsai iih:Nwrhper Salem _ Chry/Toxrn F. Fees The fees for work pmpceed under each Notice of Intent must be calculated and submitted to the • Conservation Commission and the Depart neat(see Instructions and NO1 Weiland Fee Transmittal Form)- No filing fee shall be assessed for projects of any city,town,county, or district of the Commonwealth, federally recognized Indian tribe[rousing authority,municipal housing authority,or the Massachusetts Bay Transportation Authority. • Applicants must submit the foliowlrV information(in addition to pages 1 and 2 of the NO1 Wetland Fee Tranamiflal Form)to confirm fee payment 8161 22106 1.Mwdc?fah Check Nwnher 2•Check date 8160 2102/06 a:stave cnadh Nwnber 4.Check dace • VineAssocaates Inc. 5.Payar name On dvadc First Name 6.Payor name on dock Lva Nwne G. Signatures and Submittal Requirements I hereby Certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,documents,and supporting data are true and complete to the best of my knowledge. I understand I'I • that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations,310 CMR 10.05(5xa), I further certify under penalties of perjury that all abutters were notified of this application,pursuant to the requirezri f M. L.C. 131, §40, Notice must be made in writing by hand delivery or certified mat (return abutters within I W feet of the property line of the project location. soma"of AM - mate sigreawre Prope»ypmer ) --- Data _.. S Repreeentsove(if awry) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3),including supporting plans and documents:two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form;and the c)ryRown fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DER One copy of the completed Notice of Intent(Farm 3).including supporting Plans and doramhenta;Ohre copy Of • pages t and 2 of the Not Welland Fee Transmittal Form;and a copy of the state fee payment must he sent to � the DEP Regional Office(see Instructions)by Certified mail or hand delivery.(E-filers may submit these electronically) Other. If the applicant has checked the-yes'box in any part of Section D, Item 3,above,refer to that section and the Instructions for additional submittal requirements. • The original and copies must be sent simcdtalva0usly-Failure by the applicant to send copies in a timely Manner may result in dismissal of the Notice of Intent wpafomn3.doc•rev.XAM Page 7 of 7 • 02/02/2006 14:12 8656718079 MAINSTREAM PAGE 02/02 Massachusetts Department of Environmental Protection Provldedby33EP:'';.; Bureau of Resource Protection -Wetlands DeF�fYeNumb�r WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DdcpmentTopsadwn;Number Salem City/Town F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and NOI Wetland Fee Transmittal Form). No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: atog &Ya/ 2/2/06 1.Municipal Check Number 2.Check date ti436r X/6 0 2102106 • 3.State Chock NumbeY 4.Chad date Vine Associates Inc. M-* S.Payor name on check:First Name 6.Payor name on check:Lest Name G. Signatures and Submittal Requirements 1 hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131,§40. Notice must be made in writing by hand delivery or certified mail (return receipt requested)to all abutters within 100 feet of the property line of the project location. • Signature of Applicant Date ^ iggnytu of roperty Owner if di nt) Date Z—Z (Jf✓ Signatu of Representative(if any) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form$), including supporting plans and documents;two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the cityRown fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3),including supporting plans and documents;one copy of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to the DEP Regional Office(see Instructions)by certified mail or hand delivery.(E-filers may submit these electronically.) Other: If the applicant has checked the'yes'box in any part of Section D, Item 3, above, refer to that section and the Instructions for additional submittal requirements. I � The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. • wpaform3.doc•rev.3/29/05 Page 7 of 7 • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 • A. Property Information Important: When filling out 1. The proposed project is: forms on the • computer, use a. New development ❑ Yes ❑ No only the tab key to move b. Redevelopment ❑ Yes ❑ No your cursor- do not use the (If yes, distinguish redevelopment components from return key. c. Combination ® Yes ❑ No new development components on plans). • .dIM I I 2. Stormwater runoff to be treated for water quality is based on the following calculations: a. ❑ 1 inch of runoff x total impervious area of post-development site for discharge to critical areas rsva (Outstanding Resource Waters, recharge areas of public water supplies, shellfish growing areas, swimming beaches, cold water fisheries). Note: b. ® 0.5 inches of runoff x total impervious area of post-development site for other resource areas. This November 2000 version of the Stormwater Management B. Stormwater Management Standards Form supersedes earlier versions DEP's Stormwater Management Policy(March 1997) includes nine standards that are listed on the • including those following pages. Check the appropriate boxes for each standard and provide documentation and contained in 9 P 9 DEP's additional information when applicable. Stormwater Handbooks. Standard#1: Untreated stormwater a. ® The project is designed so that new stormwater point discharges do not discharge untreated • stormwater into, or cause erosion to,wetlands and waters. Standard#2: Post-development peak discharges rates a. ❑ Not applicable—project site contains waters subject to tidal action. Post-development peak discharge does not exceed pre-development rates on the site at the point of discharge or downgradient property boundary for the 2-yr, 10-yr, and 100-yr, 24-hr storm. b. ❑ Without stormwater controls c. ® With stormwater controls designed for the 2-yr, and 10-yr storm, 24-hr storm. • d. ® The project as designed will not increase off-site flooding impacts from the 100-yr, 24-hr storm. Wpafom3Aoc•Stormwater Management Form•rev.3r1/05 Page 1 of 5 • III • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 i • B. Stormwater Management Standards (cont.) Standard#3: Recharge to groundwater Amount of impervious area (sq. ft.),to be infiltrated: 40,000 • a.square feet Volume to be recharged is based on: b. ® The following Natural Resources Conservation Service hydrologic soils groups(e.g. A, B, C, D, or UA)or any combination of groups: 100 D • 1.%of impervious area 2. Hydrologic soil group 3.%of impervious area 4.Hydrologic soil group 5.%of impervious area 6.Hydrologic soil group 7.%of impervious area 8. Hydrologic soil group • c. ❑ Site specific pre-development conditions: 1.Recharge rate 2.Volume d. Describe how the calculations were determined: Proposed parking area within outer riparian zone is 8,110 SF. Area of proposed parking is an existing • ledge hill(which will be leveled). e. List each BMP or nonstructural measure used to meet Standard#3(e.g. dry well, infiltration trench). • A leaching basin surrounded in stone is proposed • Does the annual groundwater recharge for the post-development site approximate the annual recharge from existing site conditions? f. ® Yes ❑ No • Standard#4: 80%TSS Removal a. ® The proposed stormwater management system will remove 80% of the post-development site's average annual Total Suspended Solids(TSS) load. b. Identify the BMP's proposed for the project and describe how the 80%TSS removal will be • achieved. Existing catch basins street sweeping, in-line leaching basin (water quality basin) Wpeform3.dw•Stomnv w Mmege M Farm•rev.311/05 Page 2 of 5 I • l • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 • B. Stormwater Management Standards (cont.) c. If the project is redevelopment, explain how much TSS will be removed and briefly explain why 80% removal cannot be achieved. • • Standard#5: Higher potential pollutant loads See Stormwater Policy Handbook Does the project site contain land uses with higher potential pollutant loads Vol. I, page 1-23, for land uses of a. ❑ Yes ® No b. If yes, describe land uses: high pollutant loading (see • Instructions). c. Identify the BMPs selected to treat stormwater runoff. If infiltration measures are proposed, describe the pretreatment. (Note: If the area of higher potential pollutant loading is upgradient of a • critical area, infiltration is not allowed.) • Standard#6: Protection of critical areas See Stormwater Will the project discharge to or affect a critical area? Policy Handbook Vol. I, page 1-25, for critical areas a. ❑ Yes ® No b. If yes, describe areas: (see • Instructions). c. Identify the BMPs selected for stormwater discharges in these areas and describe how BMPs meet restrictions listed on pages I-27 and I-28 of the Stormwater Policy Handbook—Vol. I: • Wpatorm3.doc•Slom ater Management Farm•rev.311/05 Page 3 of 5 • • -Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 • B. Stormwater Management Standards (cont.) Note: components of Standard#7: Redevelopment projects redevelopment projects which Is the proposed activity a redevelopment project? * plan to develop previously a. ® Yes ❑ No b. If yes, the following stormwater management standards have been met: undeveloped areas do not fall Standards 1-9 under the scope of Standard 7. • c. The following stormwater standards have not been met for the following reasons: • d. ® The proposed project will reduce the annual pollutant load on the site with new or improved • stormwater control. Standard#8: Erosionisediment control a. ® Erosion and sediment controls are incorporated into the project design to prevent erosion, • control sediments, and stabilize exposed soils during construction or land disturbance. Standard#9: Operationimaintenance plan a. ® An operation and maintenance plan for the post-development stormwater controls have been developed. The plan includes ownership of the stormwater BMPs, parties responsible for operation and maintenance, schedule for inspection and maintenance, routine and long-term maintenance responsibilities, and provision for appropriate access and maintenance easements extending from a public right-of-way to the stormwater controls. • Plan to Accompany the Notice of Intent Application 2/3/06 b. Plan/Title c.Date d.Planfrltle e.Date WpaF0M3.dM•Slommvaler Menagemnl Form•rev.311105 Page 4 d 5 • 02/02/2006 15:55 7816397040 PAGE 02 Massachusetts Department of Environmefttal Protection Bureau of Resource Protection -Wetlands Stormwater Management Form • Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Submittal Requirements Online hers: DEP recommends that applicants submit this form•as well as,supporting documentation and plans, Include your with the Notice of infant to provide stomtxatler management information for Commission review • document consistent with the wetland regulations(310 CMR 10,05(6)(b))and DEP's stermwater Management transaction Policy(March 1997). If a particular stormwater management standard cannot be met,information number should be provided to demonstrate how equivalent water quality and water quantity protection will be (provided on provided. DEP encourages engineers to use this farm to certify that the project meets the stormwater your receipt management standards as well as acceptable engineering standards. For more information,consult page)with all the Stomrwater Management Policy. supplementary • information you submit to the Department D. Signature AppliCW NW* DOp • Rep ffiWnWM(if ee» oaoe • signamrre • • d�•Smnnwmerht�gmianl FLim•m.N1�D5 Pape b d S • Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 • Important: A. Applicant Information When filling out forms on the 1. Applicant: computer, use only the tab 96 Swampscott Road LLC • key to move a.First Name b.Last Name c.Company your cursor- 5 Corn Point Road do not use the d. Mailing Address return key. Marblehead MA 01945 e.City/Town f.State g.Zip Code (617)428-2800 • h. Phone Number 2. Property Owner(if different): James Burritt Atlantic Extrusions Corp. a. First Name b.Last Name c.Company 720 Brixworth Blvd. Suite 200 P.O. Box 23583 • Knoxville TN 37933-1583 e.City/Town f.State g.Zip Code (865)675 6988 h.Phone Number • 3. Project Location: 96 Swampscott Road Salem a.Street Address b.Citylrown To calculate B. Fees • filing fees, refer to the category Notice of Intent(Form 3) or Abbreviated Notice of Intent(Form 4): fee list and examples in the The fee should be calculated using the following six-step process and worksheet. Please see instructions for filling out WPA Instructions before filling out worksheet. Form 3(Notice of Intent). Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per category(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 51Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. . Wpaformldoc•NOI Wetland Fee Transmttal Form•rev.W1/05 page 1 of 2 • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 • B. Fees (continued) Step 1lrype of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee 1 1 $750 $750 • • Step 5rrotal Project Fee: 500 • Step 6/Fee Payments: Total Project Fee: $750.00 a.Total fee from Step 5 State share of filing fee: $362.50 • b. 1/2 total fee less$12.50 City/Town share of filling fee: $387.50 c. 1/2 total fee plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 • Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. c.) To DEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated • Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) . Wpsform3.doc•NOI Wetland Fee Tnansniflal Form•rev.311105 Page 2 of 2 �ws - $-,xz^x IMW 8161 $s sf' a..r s-.-a#x a NEWBURYPORT FIVE CEMS SAVINGS BANK sxt M,, *�'q t �,Pqy„,. : VINEASSOCIATES,`INC o4i87s - q,,�,`: -rpm. 5&7150/2113 `k = `fie+ #"` + "x� r s't,§+r-' . g• ^d'v,##",N_.H a 3 ,i$ "u a% F 253 L'ow Street 232:'.#-� ` ,`v aq i-;; .';i'S,rrtk"Y'"`i' x+'i's 2*us`vim .r.. '.",T..�'is `7 f 4 %xir r x uu. .r y"Newburyport MA 01950 W .{978,465-1428 "t�>x Y S w x is e s 2/2/2006 .r,"Fax 978-4652640 , E ...,,z„'as +..+ -`4.,Xs ^i 'gy7sX " r K aRv`r, €: a s$ ^ +x+ €} aT .txr e 'T m x` ',x„-; 7 ;: r,.,F ,xgx 'z x nc '' R c � a. 3z 1} x roF✓P y sr, a PAY TO THE ORDER 'F Cdv of Salem 4! ` Y =+, E ��`k� z�' Three Nundred EI h x-Seven and 50/100'*** *'* * OLLP RS 8 3 z. City of Salem' MEMO,., 96 Swampscott Road, Salem - NOI IL008i6le 3715021: 2970 238 Bill I j ;VI "ASSOCIATES NC 04 .'Cx a ' `' `$$ NEWBURYPORT FIVE CEMSSAVINGS BANK„" ,x et;, �,, �, � NE Newbury'port x flu W o nP AY Y � ����' n'�'kz s$. s yu*.r."i 1't �a�.. ikTtt � ay�'S'.G� � **362 50 s, � P TO THE ' * "�' `ORDER OF =Commonwealth of Massachusetts i 5 Hu e,red S ***3>***********CjOLLARS Three ndrix -Two and 50, s r ^ Commonwealth of MA a z . r t 0 MEMO 96 Swampscott Road, Salem - NOI 118008160u■ >1: 211371SO21: 2970 238 Bill III ' • • • • • • • • ATTACHMENT 2 Project Description • • Notice of Intent 96 Swampscott Road, Salem MA • 1 PROJECT SUMMARY 96 Swampscott Road is a 13+ acre site located on Technology Drive in Salem, MA (see Locus Plan). The property contains a large, single story industrial building that formerly housed Applied Extrusion Technologies. The building has been vacant for over two years. Once the site is acquired, the building will be re-used for office and industrial space and limited site improvements will be undertaken to improve the overall appearance and functionality of the facility. The activities are described in more detail below. Project Description Site improvement activities are shown on the attached Concept Plan and include the following: • - remove abandoned silos, non functional mechanical appurtenances and concrete pad on south side of building and stripe area for parking - create new access points to the building - re-pave and re-stripe existing parking lot on south side of site • - revise landscaping and add stairs at south eastern side of building and - expand existing parking lot at western edge of site The site is previously developed with a 169,800+/- square foot (sf) single story industrial • building, interior roadways and parking lots that occupy approximately 7.2 acres (*%) of the total lot area. All of the proposed activities except for the proposed 8,110 sf expanded parking lot occur on previously developed portions of the site. The parking lot expansion is proposed in the western portion of the lot in a granite ledge area and will alter approximately 8,110 sf of the Outer Riparian Riverfront Area. • The work is expected to occur over a two to three month period and activities outside of wetland resource areas will commence in the next several weeks. 2 IMPACTS TO STATE WETLAND RESOURCE AREAS • The site contains Bordering Vegetated Wetlands (BVW), Inland Bank and Riverfront Area (see Attachment 3 for description of delineation). The boundaries of these resource areas as well as the 100-foot Buffer Zone to the BVW and Inland Bank are shown on the attached Concept Site Plan. • BVW The project will not alter BVW resource areas. Inland Bank The project will not alter Inland Bank resource areas. • � 1 • Notice of Intent 96 Swampscott Road, Salem MA ! Riverfront Area As shown on the Concept Site Plan, the majority of the southerly portion of the site including portions of the existing building are located within the Riverfront Area which totals 376,194 square feet (sf). With the exception of the expanded parking lot, activities proposed in the Riverfront Area are limited to removal of existing structures, re-paving existing paved roadways and/or parking lots and re-landscaping. None of the activities will result in adverse impacts on the capacity of the Riverfront Area to protect the interests of the Act. 13,970 sf (or approximately 3.7% of the total Riverfront Area) will be affected by the proposed activities of which only 1,300 sf occur in the Inner Riparian zone. These alterations include the following: • - Expansion of parking lot on westerly edge of site affecting 8,110 sf of Outer Riparian zone - Removal of existing elevated ramp on southwesterly side of building and adding parking spaces affecting 4,560 sf of Outer Riparian zone. - Removal of silos and concrete pad on southerly side of building with addition of • parking spaces affecting 1,300 sf of Inner Riparian zone 3 COMPLIANCE WITH PERFORMANCE STANDARDS Pursuant to 310 CMR 10.58 (5), the Commission may allow work to redevelop a previously developed Riverfront Area provided the proposed work improves existing conditions. The Project site meets the definition of a previously developed area as the buildings and site improvements were developed prior to August 7, 1986.' Furthermore, the activities involve the "replacement, rehabilitation or expansion of existing structures, improvements of existing roads, or reuse of degraded or previously developed areas." As required in 310 CMR 10.58(5), the proposed redevelopment activities conform to the criteria: a. The project will undertake two activities that will improve the capacity of the Riverfront Area to protect the interests of the Act. These activities include the t removal of approximately 11,500 sf of unauthorized debris and solid waste located on the southerly side of the site (see Photo # 1) and provision of plantings with wildlife value in the area to be re-landscaped at the southeasterly side of the building (see Table 1). b. The project will improve stormwater management at the expanded parking lot by ! plugging an existing storm drain outlet that discharges into the Riverfront Area and re-directing the stormwater flow to a new storm drainage line equipped with water quality treatment device. • Previously developed means degraded by"impervious surfaces from existing structures or pavement, absence or topsoil,junkyards, or abandoned dumping grounds" • 2 • Notice of Intent 96 Swampscott Road, Salem MA • c. While the proposed expanded parking lot is located closer to the river than the existing parking lot, the improvements are located outside of the 100 foot Riverfront Area. d. The area of the proposed work total 13,970 sf which is much below the allowable 10% (37,619 sf) of the existing developed area. ' 0 Pursuant to the regulations at 310 CMR 10.58(4)(d), the Commission may allow the alteration of up to 5,000 sf or 10% of the riverfront area within a lot that was recorded on or before October 6, 1997 provided that a 100-foot wide area of undisturbed vegetation is provided. As mentioned, the project activities affect approximately 3.7% of the total Riverfront Area. The • proposed parking lot expansion is proposed outside of the 100-foot riparian zone. The area within the 100-foot riparian zone is currently vegetated and no alterations to this area proposed. In summary, the only alteration of an area not currently developed is the proposed parking expansion. This alteration is occurring in an area that is impervious ledge with minimal soil and • vegetative cover. Therefore, no adverse impacts to the Riverfront will result and the project will improve conditions in the Riverfront Area by the removal of debris and changes to the storm drainage system. • Alternatives Analysis The following alternatives analysis is limited to the parking lot expansion which will alter 8,110 sf or, a little more than 2% of the total on-site Riverfront Area (376,194 sf). The analysis demonstrates that there are no practicable, equivalent economic alternatives to the proposed project with less adverse effects on the interests identified in the Act. • The existing building was designed for a single user and as a result, the amount of on site parking is inadequate to support the intended re-use of the structure, which will be retrofitted to accommodate several businesses. As a result, the supply of on-site parking needs to be increased. • As shown on the Concept Site Plan, while the site is a little over 13 acres in size, approximately 4.5 acres are comprised of steeply sloped embankments and/or inaccessible low-lying areas. The building is located close to the northerly property boundary which precludes the provision of a parking lot in this area. Similarly, on the southerly side of the property, there is an internal • roadway with some landscaping and limited parking extending to the point where the site drops off dramatically on a very steep slope. On the east side of the site, there may be potential to create a small number of parking spaces but filling would be required. The only portion of the site that is readily available for parking is the area located on the • westerly side of the building. In this area, an existing ledge berm can be removed and brought to grade to accommodate the needed parking. Based on the forgoing information, the proposed Iv 3 • Notice of Intent 96 Swampscott Road, Salem MA alteration in the Riverfront Outer Riparian Zone is the only practical solution to address the parking needs of the project. Table 1 - Suggested plants for wildlife habitat * Arbor vitae (Thuja occidentalis) Juniper (Juniper spp.) Highbush blueberry (Vaccinium corymbosum) native Rhododendrons and azaleas (Rhododendron spp.) Arrowwood (Viburnum dentatum) Nannyberry (Viburnum lentago) Sassafras (Sassafras albidum) Witch-hazel (Hamamelis virginiana) I � I • '1 4 v � I • -E �''t J wit Wf I�\"dye ♦a ♦ y�� Lp' e,}I{� ALjr 3 1 t�� Se'IC b .1 tys ^' i • 'sr I ' R\��r��g n�ii gi/..'k' v.ima,+,. �'� '`1i"?1®°+"lrriaid��3 Q+IwI tC�ii`1`'°k�'��f+.,y�•F.9,�+++r iqr Rt�v!y gp�u:t�...�je � � �.,�n7p(i 1 FiiB eI�3 ai Il�''iNy�aE�F ici s��b i�'/yr IVA*o ig TAV71 GROW � � :., ►pry I) t r � �\ • • • • • • f i ATTACHMENT 3 Wetland Delineation i • Notice of Intent 96 Swampscott Road, Salem, MA Attachment 3 • Resource Area Delineation Report Wetland resource areas were delineated in January 2006 by Vine Associates, Inc. at 96 Swampscott Road in Salem, Massachusetts. The site is a previously developed industrial site approximately thirteen acres in size. It currently contains an existing building and parking areas. The site is bounded on the north and west by two adjacent industrial/commercial sites. A junkyard lies directly south of the site and a commercial fitness center is located southeast of the site. Swampscott Road runs along the eastern • boundary of the site. Forest River, a perennial stream, runs through the eastern portion of the site, directly adjacent to Swampscott Road. An unnamed stream runs through the southern portion of the site, between the existing pavement and bordering junkyard. This stream is shown as being perennial on the United States Geologic Survey topographic map. The undeveloped areas within the site are primarily forested and • consist of both upland and wetland areas. The existing building and site are currently vacant. Because the site is not currently occupied and in use, large amounts of trash and debris have been dumped at the site, both within the developed paved areas and the undeveloped areas, including the onsite • resource areas. The debris includes building materials of various types, metal appliances, tires, aerosol cans, bottles and other miscelaneous trash. Resource areas that were delineated on the site include Bordering Vegetated Wetlands (BVW), Inland Bank and Riverfront Area. Mean Annual High Water (MAHW) was • delineated to determine the extent of Riverfront Area on the site. MAHW corresponds to Inland Bank along the Forest River where the banks are steep and corresponds to the extent of BVW along much of its length along the southern portion of the site, where resource areas extend to the bottom of the slope of a stone embankment. f An area of BVW was delineated by pink survey flagging, numbered consecutively Al through A21 in the eastern portion of the site. The BVW begins at Wetland Flag Al located near the entrance to the site, adjacent to an existing pond just west of Swampscott Road. This BVW continues northward around the pond and ends at • Wetland Flag A21 at the base of the slope near the bank of Forest River. The canopy is dominated by red maple (Acer rubrum). Green ash (Fraxinus pennsylvanica) is also present. Highbush blueberry (Vaccinium corymbosum) and sweet pepperbush (Clethra alnifolia) dominate the shrub layer. • Another area of BVW begins onsite at flag C1 and corresponds with the MAHW of an unnamed perrenial stream along the "C"-line until they separate at flags D7/C20. The BVW here is then delineated by flags D1 through D7, whereas the MAHW line continues r • Notice of Intent 96 Swampscott Road, Salem, MA along the "C"dine. The vegetation of this BVW is similar to that associated with the "A"- • line. Adjacent upland areas in this portion of the site are dominated primarily by multiflora rose (Rosa multiflora), Asian bittersweet (Celastrus orbiculata) and poison ivy (Toxicodendron radicans). The upland is primarily forested with red oak (Quercus rubra) and wild black cherry (Prunus serotina) as the dominant tree. Sweet pepperbush and buckthorn (Rhamnus cathartica) are common in the shrub layer. Multiflora rose (Rosa multiflora) and Japanese knotweed (Polygonum cuspidatum), two highly-invasive species, are common along the wetland/upland boundary. • Inland Bank along the Forest River is delineated by survey flagging numbered consecutively B1 through B14. Flag B1 is located near the northern edge of the pond, near flag A21. Flag B15 marks the edge of the Bank before the stream is culverted under Swampscott Road. The Bank along this section of the Forest River is very steep and consists of both ledge and, in places, dumped stone. MAHW corresponds with the • Top of Bank along this section of Forest River. • • t • • 0 • • • • • • • • • ATTACHMENT 4 Abutters List and Notification Form • • • Abutters List • i• • • • • mmm PmwcmUUD Location Om/u$r Co-Owner MaiUinq Address CitV State Zip 07'00*3-01 TU,38A ADMIRALS LANE U13SA xA|iENDORFMAX M|LENDORFOLGA 7 ADMIRALS LANE U1334` SALEM NA 01870 07'00*3'802 5V130B ADMIRALS LANE U1 39B s ADMIRALS LANE NOMINEE TK U|GeAwoE|SxUNATR 5 ADMIRALS LANE 1J9B SALEM NA 01970 07'0043'003 3U139C ADMIRALS LANE V139C CURR|EREN8TEL 3 ADMIRALS LANE U139C SALEkx NA 01370 07'0043'804 1U139D ADMIRALS LANE Vi39D KORFFF/&/|UL KVKFFCATHYL 1 ADMIRALS LANE U139D 8AiEx» NN 01370 07'0043'805 2V14DA ADMIRALS LANE U14DA JCL NOMINEE TRUST LACK SANFORDUU\CKJAN1 ADMIRALS LANE V14VA VALEM MA 01870 � 07'0043'806 4U140B ADMIRALS LANE U140B FREELOVE ANTHONY E pnEEL0VFDEnRA 4 ADMIRALS LANE U140'B SALEM NA 01970 � 07'0043'807 SU14oC ADMIRALS LANE U14oC GxsT»mCHxnnC GxsTx MARILYN K 6 ADMIRALS LANE U140C SALFxx NA 01970 07'0043'808 8U140O ADMIRALS LANE U140n BU\SKOV|CHPH|UPD RU\SKUV|CHD|ANEM 8 ADMIRALS LANE 140D SALEM NA 01970 � 07'0043'809 1oV141A ADMIRALS LANE V141A CUTLER PxVLn CVTLEnSUS^N 10 ADMIRALS LANE V1^1A VuLsxo MA 01970 07'0043'810 12U141B ADMIRALS LANE U141B PERRY GARLAND R PERRY PATRICIA S 12ADM|RAILS LANE U141B SALEM mm 01970 07'0043'811 14V141C ADMIRALS LANE U141C Bu\|VDELLCHARLESA 47FEDERALSTREET SxLEM mm 01970 � 0/'0043'812 16U141D ADMIRALS LANE U141D CLYNESVV|LUAMH CLYNES MARY ANN 1S ADMIRALS LANE U141D SALEM MA 01970 07'0043'813 71U142A WHALERS LANE U142A KxUNRUE8TEPHENJ 71vv*ALEnS LAwEV142A SALFM mm 01970 07'0043'01* 73Vi42B WHALERS LANE V142B NARCYAUZABETH 73 WHALERS LANE U142B SALEM NA 01970 07'0043'815 3Vi4zC8R|T7AN|A CIRCLE V141C SM|THHUNTLEY SM|THEL|ZABETH 3BR|TTAN|A CIRCLE U142CSALENY NA 01970 07'0043'816 1Vi42D8R|77AN|A CIRCLE U142D TERBAN ELAYNE R 18R|77AN|AC|RU142D SALEM NA 01070 07'0043'817 7U1438RR|Tn\N|A CIRCLE U1*3& SHERNu\w8QAMH rBR|T77\N|A CIRCLE V143A3ALEM MA 01970 07'0043'818 5U143n Rml7xwm CIRCLE U143B *8RR|NGTONnAN|ELM *AnmwGTVNANGEUNA 5BR|T7AN|AC|RU1*3B SALEM M8 01970 07'0043'818 11V143C8R|T77\N|A CIRCLE V143C BREED OAV|DB 273 OCEAN AVENUE MARBLEHEAD MA 019*5 07'0043'820 OU143DBR|T77\N|A CIRCLE U143D EKxM0N3K/TH|EA 9oR|77v\w|AS|RU'143o SALEM MA 01970 07'0043'821 2U144A 8K|T7AN|A CIRCLE V144A EoERTKOwALD V8HaSC|AMAR|ANNE 2BR|T77\N|A CIRCLE V144A VALEM MA 01970 07'0043'022 4U144B8R|7TAN|A CIRCLE Ui44B STOLZTHEODOREO KOVVALSK|JOANNC 4BR|T7AN|A CIRCLE U144BSALEM NA 01970 07'0043'823 6Vi44C8R|TTAN|A CIRCLE Ui4*C TAYLVR MARILYN M 6BR|T7AN|A CIRCLE Vi44CVALEM Nm 01970 0/'0043'824 oU144oBn|Tn\N|x CIRCLE U144D iOTT| EDVVARnT LOTT|CLAUDIA H 8RR|TrAN|A CIRCLE U144DGALEmY NA 01870 07'0043'8e5 i5U14aABR|T77\N|A CIRCLE Ui4aA i5BR|T7AN|A CIRCLE TRUST GAX0N|SDONN/VEN8USH/ 15BR|T7AN|AC|RU14aA SALEM MA 01970 07'0043'026 13U145BBR|77AN|A CIRCLE V14S8 8ADVLATOLVV|GC 8ADOLATVKARENL 13BR|T7AN|A CIRCLE Ui45[ SALEM mm 01870 07'0043'027 1SU145CBR|TTAN|A CIRCLE U14SCAPPLEMANLOR|E 19RR|T7AN|AC|RU145C SALEM NA 01970 07'0043'828 17U145DHR|TnAN|x CIRCLE V145D DAVIS PH|UP DAVIS HEATHER 17RR|77Aw|AQRU'145D 8ALExx NA 01970 07'0043'829 10U1*6A BR|777\N|A CIRCLE U14GA FRANK VVVV|LMERVTR/CRA|GPAI C/O TRACEYM. HUDS0N 32GARF|ELDAVENUE 8EVERLY MA 01915 07'0043'030 12U146BBR|Tl7\N|A CIRCLE U146B JACOBSON HELEN 12RR|77AN|AC|R SALEkx NA 01970 0/'0043'031 14U146CBR|777\N|A CIRCLE U146CFARBNANJON8HTUBY HUFFMANJVGEPH 1*nR|77Aw|A CIRCLE U146[ 8ALEx« MA 01970 07'00*3'832 16U1*6DBR|T77\N|A CIRCLE U146DH0RV|TZSHERR|LH 16BR|TTAN|A CIRCLE U146[ SALEKx MA 01070 07'0043'833 23U147A8R|T77\N|A CIRCLE U147ASZVVARCBEnNARDKx 23oml7AwmC|nU147A SALFM MA 01370 � 07'0043'834 21U147Roml[AN|A CIRCLE V147RSlpUKxx|CHmEi 21BR|T7AN|AC|RV1478 SALEM MA 01970 07'0043'035 27U147CBR|T77\N|A CIRCLE U14TC GENTILE JOSEPHJ 27RR|l7Aw|A CIRCLE U14T( 8ALEKA MA 01970 07'0043'838 25U14TnoR|TTANm CIRCLE V1uro8OUiDCAND|SEM GOVLoJVV*Uxu 258e|TTAN|AC|RU147D S^LExx M8 01970 07'0043'037 18U14&A8R|777\N|A CIRCLE U1*8A MARQUIS L|NDAE 18BR|77AN|A CIRCLE U148� SALEM MA 01970 07'0043'838 uoV14oU8n|7|7\N|A CIRCLE U1400 nVGxLSmJO*wp n0GALSmxmGsLAJ 2oamT7»w|x CIRCLE V148EVxLsM MA 01970 07-0043'039 22V148CBR|7TAN|A CIRCLE U1*8CREYN0LDVJUUETTE 128R|77AN|ACIRCLE SALEM M8 01870 0/'0043'040 24U148DBR|T77\N|A CIRCLE U148D PARKER ANTO|NETTE 24BR|77AN|AC|RU148D SALEM MA 010/0 07'0043'841 31U1*8xUm77AN|A CIRCLE U149AACRLTYTR MANDRACCH|ACHARLE8 31RR|77AN|AC|RU149A SALEM MA 01970 07'0043'8*2 29U149RR0TTAN|A CIRCLE U1499NANNVV|LUAxxJ M8NND|ANE/0 28RR|77AN|8S|RU149B S8LEM NA 01970 07'0043'843 35U149SRR|T7AN|A CIRCLE U149CHENDERSONLORRA|NE 35RR|TTAN|AS|RU149C SALEM NA 01970 07'004384* 33V149OBR|77AN|A CIRCLE U149DN1|CH8iS0LFONARDYV ZULLOGERALDJ 33BR|TTAN|8 CIRCLE U14888LEM MA 01970 07'0043'845 26U1s0ABR|T77\N|A CIRCLE U1508C0GU8NDROPATR|CAM 28BR|77AN|AC|RU158A S8LEM NA 01970 All law �' .N j�. - I ',1 ,,, 100$r a s w S11etT1 m ,3 r R y 1 d e2of3 t a. ParcellD Location Owner Co-Owner Mailing Address Citv State Zip 07-0043-846 28 U150B BRITTANIA CIRCLE U150B SIEGEL ALAN SIEGEL LINDA 28 BRITTANIA CIRCLE U150E SALEM MA 01970 07-0043-847 30 U160C BRITTANIA CIRCLE U150C MCCONATHY SANDRA W 30 BRITTANIA CIR U150C SALEM MA 01970 07-0043-848 32 U150D BRITTANIA CIRCLE U150D PULEO GREG O HOLZBERGER BETH A 32 BRITTANIA CIR U150-D SALEM MA 01970 07-0043-849 39 U151A BRITTANIA CIRCLE U151A BYSTRYAK ILYA BYSTRYAK OLGA 39 BRITTANIA CIRCLE U15V SALEM MA 01970 07-0043-850 37 U151B BRITTANIA CIRCLE U151B SALUSTRI ANGELO SALUSTRI SILVA 37 BRITTANIA CIR U151-B SALEM MA 01970 07-0043-851 43 U151C BRITTANIA CIRCLE U151C LOVELAND DONALD H LOVELAND ANN M 43 BRITTANIA CIR U151-C SALEM MA 01970 07-0043-852 41 U151D BRITTANIACIRCLE U151D FULLER WAIN FULLER ANNIEM 41 BRITTANIA CIR U151 D SALEM MA 01970 07-0043-853 34 U152A BRITTANIA CIRCLE U152A CAPLAN HARRY CAPLAN DIANE G 34 BRITTANIA CIR U152A SALEM MA 01970 07-0043-854 36 U152B BRITTANIA CIRCLE U152B TOWNSEND MARY L 36 BRITTANIA CIR U152B SALEM MA 01970 07-0043-855 38 U152C BRITTANIA CIRCLE U152C SHANANHAN CATHY M 38 BRITTANIA CIRCLE U152C SALEM MA 01970 07-0043-856 40 U152D BRITTANIA CIRCLE U152D BRICKLEY GAIL M 40 BRITTANIA CIRCLE U152C SALEM MA 01970 07-0043-857 47 U153A BRITTANIA CIRCLE U153A FUSEGNI LEWIS J FUSEGENI FRANCES E 47 BRITTANIA CIRCLE U1531 SALEM MA 01970 07-0043-858 45 U153B BRITTANIA CIRCLE U153B ROSENBERG AUDREY BERSON STEVEN 45 BRITTANIA CIR U1536 SALEM MA 01970 07-0043-859 51 U153C BRITTANIA CIRCLE U153C FALANGA RICHARD A FALANGA MARILYN W 51 BRITTANIA CIR U153C SALEM MA 01970 07-0043-860 49 U153D BRITTANIA CIRCLE U153D BERGSTROM RICHARD D BERGSTROM PATRICIA R 49 BRITTANIA CIRCLE U153 SALEM MA 01970 07-0043-861 42 U154A BRITTANIA CIRCLE U154A MUNRO ROBERT M MUNRO CONSTANCE A 42 BRITTANIA CIRCLE U754F SALEM MA 01970 07-0043-862 44 U154B BRITTANIA CIRCLE U154B KINGAN HEATHER E LIPTAK ADAM III 44 BRITTANIA CIRCLE U154E SALEM MA 01970 07-0043-863 46 U154C BRITTANIA CIRCLE U154C DUSSEAULT PETER A DUSSEAULT BARBARA R 46 BRITTANIA CIRCLE U154C SALEM MA 01970 07-0043-864 48 U154D BRITTANIA CIRCLE HEAPHY WILLIAM F HEAPHY SANDRA M 48 BRITTANIA CIRCLE U1541 SALEM MA 01970 07-0043-865 55 U155A BRITTANIA CIRCLE CAWTHRON DAVID A BURKE SANDRA K 55 BRITTANIA CIR U155-A SALEM MA 01970 07-0043-866 53 U155B BRITTANIA CIRCLE ANDERSON JOHN A ANDERSON MAUREEN 53 BRITTANIA CIR U155B SALEM MA 01970 07-0043-867 59 U155C BRITTANIA CIRCLE MONTMINY MATTHEW D MONTMINY STEPHANIE H 59 BRITTANIA CIRCLE U755C SALEM MA 01970 07-0043-868 57 U155D BRITTANIA CIRCLE TAINER MEGAN 57 BRITTANIA CIRCLE U1551 SALEM MA 01970 07-0043-869 71 U166A BRITTANIA CIRCLE TRUDEL BRIAN TRUDEL SYLVIA 71 BRITTANIA CIR U156A SALEM MA 01970 07-0043-870 69 U156B BRITTANIA CIRCLE KANEVSKY ELENA 69 BRITTANIA CIR U156B SALEM MA 01970 07-0043-871 3 U156C GOOD HOPE LANE RABINOVICH GREGORY TOLOKUNSKY INETTA 3 GOOD HOPE LANE U156C SALEM MA 01970 07-0043-872 1 U156D GOOD HOPE LANE BARBERIS JOHN J JR BARBERIS CHRISTINE B 1 GOOD HOPE LANE U156D SALEM MA 01970 07-0043-873 67 U157A BRITTANIA CIRCLE HAMBRO RENEE L HAMBRO JACK G 67 BRITTANIA CIR U157A SALEM MA 01970 07-0043-874 65 U157B BRITTANIA CIRCLE BREMMER CHRISTIAN BREMMER MALGORZATA 65 BRITTANIA CIR 157E SALEM NSA 01970 07-0043-875 7 U157C GOOD HOPE LANE SHRAGER PAUL SHRAGER NANCY M 7 GOOD HOPE LANE U157C SALEM MA 01970 07-0043-876 5 U157D GOOD HOPE LANE DROKER JOEL S DROKER EILEEN 5 GOODHOPE LANE U157D SALEM MA 01970 07-0043-877 63 U158A BRITTANIA CIRCLE RODRIGUEZ CHRISTINE 63 BRITTANIA CIR U158A SALEM MA 01970 07-0043-878 61 U158B BRITTANIA CIRCLE MYSLINSKI LEONARD MYSLINSKI E. 61 BRITTANIA CIR U158B SALEM MA 01970 07-0043-879 11 U158C GOOD HOPE LANE SHRESTHA YALEENA 11 GOODHOPE LANE U158C SALEM MA 01970 07-0043-880 9 U158D GOOD HOPE LANE SULLIVAN JOHN F SULLIVAN BARBARA L 9 GOOD HOPE LANE U158D SALEM MA 01970 07-0043-881 2 GOOD HOPE LANE DEAN ELAINE S 2 GOODHOPE LANE U159A SALEM MA 01970 07-0043-882 6 U159B GOOD HOPE LANE RUSSO PAUL P O BOX 842 BURLINGTON MA 01803 07-0043-883 8 U159C GOOD HOPE LANE 8 GOOD HOPE LANE RLTY TRUST CROCKER MARTHA H TR 8 GOODHOPE LANE U159C SALEM MA 01970 07-0043-884 4 U159D GOOD HOPE LANE WOODNORTH DAVID M WOODNORTH KAORI IDA 4 GOOD HOPE LANE U159D SALEM MA 01970 07-0043-885 10 GOOD HOPE LANE SANTERRE JAMES W JR SANTERRE MARILYN G 10 GOODHOPE LANE U160A SALEM MA 01970 07-0043-886 14 U160-B GOOD HOPE LANE VALENTE JACQUELINE 14 GOOD HOPE LANE U160E SALEM MA 01970 07-0043-887 16 U160C GOOD HOPE LANE 16 GOOD HOPE LANE REALTY TRI CAROL A KANE 16 GOOD HOPE LANE U160C SALEM MA 01970 07-0043-888 12 U160D GOOD HOPE LANE ZHITOMIRSKY EUGENE 12 GOODHOPE LANE U160-1 SALEM MA 01970 ParomU0 Location Owner Co-owner MalUinu Address CitV StateZig) 06-0013-0' 15 ROBINSON ROAD MOUNTAIN REALTY TRUST HUTCH|mVON SHIRLEY ATF PV BOX 4V0 SALEM MA 019/0 07'0061f0 100 8mmxxPVCVTTKVAD D&D REALTY TRUST D|US0DANA S7 PROSPECT ST SVVANYPSCOTT MA 01907 07'006220 98 SVVkMP8COTTRVAD NORTH SHORE TENNIS& SQUASH CLUB INC PO BOX 687 8ALEM M& 01970 07'0070'0 96SVVAMPSCOTTROAD ATLANTIC EXTRUSIONS CORP MAINSTREAM DISPOSITION PO BOX 23583 RNOXV|LLE TN 37933'1503 07'0074'0 101 3VVAMPSCOTTRVAD VALEM CITY OF 07'0077'0 80 SVVAKxPSC0TTROAD SALCV REALTY, LLC 3 TECHNOLOGY WAY SALEM NA 01970 07'0070'0 1 TECHNOLOGY WAY KAK REALTY TRUST KELLOGJTR 1 TECHNOLOGY WAY SALEK« M\ 01970 07'0079'0 4 TECHNOLOGY WAY SVKAMPSCOTT REALTY, LLC 280EUOTSTREET A8HLAmD MA 01721 \ End of Report • Notification to Abutters Under the Massachusetts Wetlands Protection Act In accordance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is 96 Swampscott Road, LLC The applicant has filed a Notice of Intent with the Conservation Commission for the municipality of Salem • seeking permission to remove, till, dredge or alter an Area Subject to Protection under the Wetlands Protection Act (General Laws Chapter 131, section 40). B. The address of the lot where the activity is proposed 96 Swampscott Road, Salem. MA • C. Copies of the notice of Intent may be examined at Salem City Hall Annex 120 Washington Street between the hours of 9 AM and 5 PM on the following days of the weeks: Monday through Thursday and 9:00 and 12:00 PM Friday For more information, call: (978) 745-9595 ext. 311 • Check One: This is the applicant _, representative .or other X(specify): Salem Planning Office D. Copies of the Notice of Intent may be obtained from either(check one) the_ applicant, or the applicant's representative X by calling this telephone number (978)465-1428 between the hours of 8:30 AM and 4:30 PM on the following days of the week: Monday through Friday E. Information regarding the date, time, and place of the public hearing may be obtained from Salem Conservation Commission by calling this telephone number (978) 745-9595 between the hours of and on the following days of the week: Monday through Thursdav and 9:00 and 12:00 PM Friday Check One: This is the applicant, representative, or other X. (specify): Boston City Hall • NOTE: Notice of the public hearing, including its date, time, and place, will be published at least five (5) days in advance in the Salem Evening News Name of newspaper NOTE: Notice of the public hearing, including its date, tine, and place, will be posted in the City or Town Hall not less than forty-eight (48)hours in advance. NOTE: You also may contact your local Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP, call: the Northeast Region: (978)661-7600. • • • • • • • ATTACHMENT 5 List of Plans • List of Plans 1. Locus Map 2. Concept Site Plan to Accompany a Notice of Intent Application ford at#96 Swampscott Road, Salem, Massachusetts dated rq 3", `6pnd prepared by Patrowicz Land Development Engineering. • • • • • L� ' s ENS .1E111%'�Cl\ f Alt, � '{L�71 t f� lti IM�tk.,�;'�� Li IL WA ��ir�� ��� t "ram �• j 2y {