64-741 - 120 SWAMPSCOTT ROAD - CONSERVATION COMMISSION 4
�CONUIT��
yP� �' CITY OF SALEM
CONSERVATION COMMISSION
August 12, 2016
William J. Manuell
Wetlands & Land Management, Inc.
100 Conifer Hill Drive- #516
Danvers, MA 01923
Re: Certificate of Compliance DEP#64-471- 120 Swampscott Rd.headwall
Dear Mr. Manuell:
Enclosed, please find the Certificate of Compliance for the above referenced property.
This Document must be recorded at the South Essex County Registry of Deeds. Please
fill out and return the Recording Information on page 3 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,
/om
Devine
Conservation Agent
Enclosures
CC: DEP Northeast Regional Office
i
t
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 64-471
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer,use Wetlands and Land Management Inc.
only the tab key Name
to move your 100 Conifer Hill Drive Suite#516
cursor-do not
use the return Mailing Address
key. Danvers MA 01923
City/Town State Zip Code
m 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Angelo &Carmine Mongiello
Name
1/30/2008 64-471
Dated DEP File Number
3. The project site is located at:
120 Swampscott Road Salem
Street Address Cityf town
6 14
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
South Essex 27939 380
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
NA
Date
wpafrm8b.doc•rev.5129114 WPA Fonn 8B,Certificate of Compliance•Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-471
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
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:
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:
Conservation Urnmission ate f Issuance
This Certificate must be signed by a majority of the Conservation C mission and a
copy sent to the applicant and appropriate DEP Regional Office(See
http://www.mass.qov/eea/agencies/massdep/about/contacts/ ).
Signature�.
r
wpafrm8b.doc•rev.5/29/14 WPA Form 86,Certificate of Compliance•Page 2 of 3
ri
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-471
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: ---------------------------------------------------------------------
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
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
wpafrm8b doc•rev.5129114 WPA Form 8B,Certificate of Compliance•Page 3 of 3
Wetlands & Land Management, Inc. 100 Conifer Hill Drive-#516
Danvers,MA 01923
978-777-0004 Telephone
978-539-0005 FAX
- � IVED'
July 20, 2016 25 2016
I "NING & 'I
Y -w ELOPMENT
Tom Devine
Conservation Agent
Department of Planning and Community Development
120 Washington Street
Salem,MA 01970
RE: . Close out Certificate of Compliance at 120 Swampscott Road in Salem
DEP File#64-471
Dear Mr. Devine and Conservation Commission Members:
The applicant is seeking a certificate of compliance to close out DEP file 64-471. The
project was to repair a headwall at the property at 120 Swampscott Road in Salem.
The work never started and the order of conditions is expired for this project.
Recall,the Commission issued a separate order of conditions to perform this same work
in 2015. The work under that order was completed and the Commission recently issued a
certificate of compliance to close that project as well.
Thank you in advance.
Sincerely,
Wetlands & Land Management, Inc.
( 't)LYA /4
William J. Manuell
Wetland Scientist
J
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 8A — Request for Certificate of Compliance Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Project Information
Important:
When filling out 1. This request is being made by:
forms on the Wetlands and Land Management Inc.
computer, use Name
only the tab
key to move 100 Conifer Hill Drive Suite#516
your cursor- Mailing Address
do not use the Danvers MA 01923
return key. Cityrrown State Zip Code
978-777-0004
m Phone Number
2. This request is in reference to work regulated by a final Order of Conditions issued to:
Angelo&Carmine Mongiello
Applicant
1-30-08 64-471
Dated DEP File Number
Upon completion
of the work 3. The project site is located at:
authorized in 120 Swampscott Road Salem
an Order of Street Address Cityrrown
Conditions,the 6 14
property owner
must request a Assessors Map/Plat Number ParcellLot Number
Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for:
Compliance 9 ry
from the issuing SAME
authority stating Property Owner(if different)
that the work or portion the County work hass Essex South 27939 380
been b Book Page
satisfactorily
completed. Certificate(d registered land)
5. This request is for certification that(check one):
❑ the work regulated by the above-referenced Order of Conditions has been satisfactorily completed.
❑ the following portions of the work regulated by the above-referenced Order of Conditions have
been satisfactorily completed (use additional paper if necessary).
® the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the
work regulated by it was never started.
WPA Form 9A Page 1 of 2
Rev.02100
Y
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands
WPA Form 8A — Request for Certificate of Compliance Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Project Information (cont.)
6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain
an approval of any plans stamped by a registered professional engineer, architect, landscape
architect, or land surveyor?
® Yes If yes, attach a written statement by such a professional certifying substantial
compliance with the plans and describing what deviation, if any, exists from the plans
approved in the Order.
❑ No
B. Submittal Requirements
Requests for Certificates of Compliance should be directed to the issuing authority that issued the final
Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit
this request to that Commission. If the project was issued a Superseding Order of Conditions or was the
subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional
Office (see Appendix A).
WPA Form BA Page 2 d 2
Rev.02100
/� Massachusetts Department of Environmental Protection
`\) Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-471
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
200 873004S Sk:17939 Po
Important: Salem 07125121Ne e2:17 PM cotdltt+:380
When filling From: 1.Conservation Commission Pe I is
out forms on
the computer, 2 This issuance is for(check one): a. N Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3.To: Applicant:
move your
cursor-do not Carmine and Angelo Mong)ello
use the return a.First Name b.Last Name a Company
key, 120 Swampscott Rd
d.Mailing Address
d Salem MA 01970
e.Citylionm I.State g.Zip Code
FMA 4.Property Owner(if different from applicant):
a.First Name b.Last Name c.Company
d.Meiling Address
e.City/Town f.State g.Zip Code
s. Project Location:
120 Swampscott Rd Salem
a.Street Address b.Cityfrown
6 14
c.Assessors Map/Plat Number d.ParceVLot Number
Latitude and Longitude, if known(note:
electronic fliers will click for GIS locator): e.Latitude f.Lrmgitude
6. Property recorded at the Registry of Deeds for(attach additional information'tf more than one parcel):
Essex
a.County b.Certificate(if registered land)
5475 185
a Book d.Page
7. Dates: November 15,2007 January 10,2008 January 30,2008
a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
a. Final Approved Plans and Otter Documents(attach additional plan or document references as
needed):
a.Plan Tide
Scott Patrowicz Scott Patrowicz
b.Prepared By a Signed and Stamped by
January 28,2008 1"=5'
d.Final Revision Date e.Scale
I.Additional Plan or Document Title g.Date
www"dMe.M'Snms ftm I ute
•
PATROWICZ
• LAND DEVELOPMENT ENGINEERING
November 15, 2007
• City of Salem
Conservation Commission
120 Washington Street-Third Floor
Salem, MA 01970
RE: Notice of Intent Application
• Proposed Siltation barrier
#120 Swampscott Road, Salem, MA
Assessor's Map 6, Lot 14
PLDE#06-10
• Dear Commission Members:
On behalf of my client: Carmine and Angelo Mongiello (land owner and applicant), I respectfully
request that you review the attached Notice of Intent application for a proposed siltation barrier to
improve the existing down-gradient resource area (stream bank) by the reduction of silt and debris
which presently flows (uncontrollably) into the resource area from the up-gradient abutting property
• (as can be clearly seen by the attached photographs). The new siltation barrier will be constructed
by supplementing the existing boulders with new boulders, (dry-laid with gaps between the
boulders), to allow water to pass4hru from the up-gradient abutting property (Robinson Road) into
the stream (on the Mongiello property). A maintainable silt screen will be placed in front of the
boulder gaps to catch silt and debris before it enters the existing stream. The silt screen and
• supplemental boulders will be located on Mongiello property (and not on Robinson Road). All work
is to be performed within an intermittent stream bank and it's buffer zone. Approximately 40 LF of
stream bank will be altered. Mitigation for the proposed loss of stream bank will include the
creation of 40 lineal-feet of new stream bank adjacent to this loss area. Approximately 1,000 SF of
buffer zone (existing lawn area)will be temporarily altered and restored (back to lawn area) upon
completion of construction. With maintenance of the silt barrier(regular cleaning of the screen),
• the stormwater flow will not be altered or impeded. Existing deteriorated haybales will be removed
and area clean-up.
I respectfully submit nine (9) copies of the Notice of Intent application to include the following:
*NOI Application (WPA Form 3),
�. •NOI Wetland Fee Transmittal Form,
•Copy of check for$42.50 (NOI filing fee made payable to the Commonwealth of Mass),
*Check for$67.50 (NOI filing fee made payable to the City of Salem),
•List bf abutters (prepared by Salem Assessors),
*Abutter Notification Form,
• •USGS Locus Map (showing approximate watershed area),
14 Brown Street, Salem, Massachusetts 01970
Cell: 978-836-6400 Fax: 978-745-4110 Email: scott.patrowicz@verizon.net
•
III
*Salem GIS Locus Map,
•Bird's Eye photographs (from Windows Live),
•Photographs of Existing Conditions (taken on 5/16/06),
•Photographs of Existing Conditions (taken on 11/16106),
•Photographs of Existing Conditions (taken on 11/14/07), and
•Photographs showing the proposed Siltation Barrier and "bank" mitigation.
It is my understanding that I will notify the abutter's via certified (RRR) mail with the attached
Abutter Notification Form. I will submit the "green cards" (RRR) to the Commission the night of the
public hearing. It is also my understanding that you will prepare the legal advertisement and will
submit it to the Salem Evening Newspaper for publication of the hearing date. My client will
receive the invoice for the legal advertisement.
One copy of the above NOI package is being sent to DEP-Wetlands, Northeast Regional Office,
205B Lowell Street, Wilmington, MA 01887. The NOI Wetland Fee Transmittal Form and the State
portion of the filing fee have been sent to DEP, P.O. Box 4062, Boston, MA 02211.
Thank you for taking this matter under consideration. We look forward to the public hearing on
November 29, 2007. If you have any questions, please do not hesitate to call me.
r Sincerely,
PATRO IC LAND DEVELOPMENT ENGINEERING
Scott Patrowicz, P.E.
1
cc. Carmine and Angelo Mongiello w/attachments
cc. Patrick Delulis w/attachments
cc. DEP-Wetlands, Northeast Regional Office
PATROWICZ LAND DEVELOPMENT ENGINEERING
• 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
• Citylrown
fa"f When filling out
A. General Information
When
fortes on the
computer, use only the tab key 1. Project Location (Note: electronic filers will click on button for GIS locator):
to move your 120 Swampscott Road Salem 01970
` cursor-do not a.Street Address b.City/Town c.Zip Code
use the return
key. Latitude and Longitude:
d.Latitude e.Longitude
� 6 14
f.Assessors Map/Plat Number g.Parcel/Lot Number
• ,,, 2. Applicant:
Carmen and Mongiello
Angelo b.Last Name c.Company
Note: 55 Eastman Avenue
Before d.Mailing Address
completing this Swampscott MA 01907
forth consult
• your local e.City/rown f.State g.Zip Code
Conservation 781-389-3802 978-7454110
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.
a.First Name b. Last Name c.Company
d. Mailing Address
e.Cityfrown f.State g.Zip Code
• h. Phone Number i. Fax Number j.Email address
4. Representative (if any):
Patrowicz Land Development Engineering
a. Firm
Scott Patrowicz, P.E.
b.Contact Person First Name c.Contact Person Last Name
14 Brown Street
d.Mailing Address
Salem MA 01970
e.Cityrrown f.State g.Zip Code
978-836-6400 978-7444110 scott.patrowicz@verizon.net
• h.Phone Number i.Fax Number j.Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
$110 $42.50 $67.50
a.Total Fee Paid b.State Fee Paid c.Cityfrown Fee Paid
• 6. General Project Description:
The owner proposes to improve an existing down-gradient resource area(stream bank) by installing a
maintainable siltation barrier(by supplimenting existing boulders)allowing water to pass-thru, yet
silt/debris will be caught on an up-gradient accessable screen. (See attached cover letter and
photographs for a complete description of proposed work and mitigation).
wpaform3.doc•rev. 11/30/06 Page 1 of 9
•
• 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/Town
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:
� P rtY 9 ry
Essex 185
a.County b.Page Number
5475
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
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.
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.
•
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. 11/30/06 Page 2 of 9
•
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
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 ® Bank 40 40
a.
number 1. linear feet 2. linear feet
(provided on b. ❑ Bordering Vegetated
your receipt
page)with all Wetland 1.square feet 2.square feet
supplementary
information you c. ❑ Land Under 1.square feet 2.square feet
submit to the Waterbodies and
Department. Waterways
3.cubic yards dredged
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
f. ❑ Riverfront area 1.Name of Waterway(if available)
• ❑ For projects 1. Width of Riverfront Area (check one):
impacted by the
riverfront area ❑ 25 ft. - Designated Densely Developed Areas only
and a buffer
zone of another
resource area, ❑ 100 ft. - New agricultural projects only
add 50%to the
total fee. ❑ 200 ft. -All other projects
2. Total area of Riverfront Area on the site of the proposed project: square Feet
3. Proposed alteration of the Riverfront Area:
• 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
f
wpaform3.doc•rev. 11/30/06 Page 3 of 9
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/Town
B. Resource Area Effects
2. Coastal Resource Areas:
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 number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
�
(provided on
your receipt b. ❑ Land Under the Ocean 1,Square feet
page)with all
supplementary
information you 2.Cubic yards dredged
submit to the Indicate size under Coastal Beaches and/or Coastal Dunes
. Department. c. ❑ Barrier Beach below
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 ft 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. 11/30/06 Page 4 of 9
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?own
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 number 2. ❑ DEP BVW Field Data Form (attached)
(provided on
your receipt 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached)
page)with all
supplementary
• information you 4. ® Other Methods for Determining the BVW Boundary(attach documentation):
submit to the
Department. a. ❑ 50% or more wetland indicator plants -
b. ® Saturated/inundated conditions exist
For all projects c. ❑ Groundwater indicators
affecting other d. ® Direct observation
Resource Areas,
please attach a e. ❑ Hydric soil indicators
•- narrative I. ❑ Credible evidence of conditions prior to disturbance
explaining how
the resource 5. Other resource areas delineated:
area was
delineated. D. Other Applicable Standards and Requirements
Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review
1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on
the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts
Natural Heritage Atlas or go to http://www.mass.00v/dfwele/dfw/nhesp/nhregmap.htm.
a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
10/1/06 Route 135, North Drive
b. Date of map Westborough, MA 01581
If yes, the project is subject to Massachusetts Endangered Species Act(MESA) review(321 CMR
• 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete
Section DA.A, and include requested materials with this Notice of Intent(NOI); OR complete Section
D.1.B, if applicable. If MESA supplemental information is not included with the NOI, by completing
Section f of this form, the NHESP will require a separate MESA filing which may take up to 90 days
to review(unless noted exceptions in Section 2 apply, see below).
• A. Submit Supplemental Information for Endangered Species Review'
❑ Percentage/acreage of property to be altered:
(1)within wetland Resource Area
percentage/acreage
. (2)outside Resource Area percentage/acreage
❑ Assessor's Map or right-of-way plan of site
wpaform3.doc•rev. 11/30/06 Page 5 of 9
•
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
Cityrrown
D. Other Applicable Standards and Requirements (cost.)
❑ Project plans for entire project site, including wetland Resource Areas and areas outside of
wetlands jurisdiction, showing existing and proposed conditions, existing and proposed
tree/vegetation clearing line, and clearly demarcated limits of work"
® Project description (including description of impacts outside of wetland Resource Area &
Buffer Zone)
® Photographs representative of the site
. ❑ MESA filing fee (fee information available at:
hftp://www.mass.gov/dfwele/dfw/nhesp/nhenvmesa.htm)
Make check payable to"Natural Heritage& Endangered Species Fund"and mail to NHESP
at above address
Projects altering 10 or more acres of land, also submit.
❑ Vegetation cover type map of site
❑ Project plans showing Priority& Estimated Habitat boundaries
B. OR Check One of the Following
❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption
applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/nhenvexemptions.htm)
❑ Separate MESA review ongoing.
NHESP Tracking Number Date submitted to NHESP
❑ Separate MESA review completed.
Include copy of NHESP"no Take" determination or valid Conservation & Management Permit
with approved plan.
Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP
review(see www.nhesp.orq regulatory review tab). Priority Habitat includes habitat for state-
listed plants and strictly upland species not protected by the Wetlands Protection Act.
MESA projects may not be segmented(321 CMR 10.16).The applicant must disclose full development plans
even if such plans are not required as part of the Notice of Intent process.
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 either:
South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire:
Island,and the Cape& Islands:
Division of Marine Fisheries-
Division of Marine Fisheries- North Shore Office
Southeast Marine Fisheries Station Attn: Environmental Reviewer
Attn: Environmental Reviewer 30 Emerson Avenue
838 South Rodney French Blvd. Gloucester,MA 01930
New Bedford, MA 02744
b. ® Not applicable—project is in inland resource area only
• wpaform3.doc•rev. 11/30/06 Page 6 of 9
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 (cont.)
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP
a. ❑ Yes ® No Website for ACEC locations). Note: electronic filers click on Website.
b.ACEC
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 number a. ElYes ® No
(provided on 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the
your receipt 9 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:
Proposed siltation barrier allowing water to pass-thru, therefore drainage patterns are not altered.
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. 0 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.)
z. ❑ 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. ® 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.
. wpaforrn3.doc•rev. 11/30/06 Page 7 of 9
• 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
E. Additional Information (cont.)
8. ® Attach NOI Wetland Fee Transmittal Form
9. ❑ Attach Stormwater Management Form, if needed.
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:
s' Ce yg 11/15/07
1. Municipal Check Number 2.Check date
(e 7 11/15/07
3.State Check Number 4.Check date
Carmine and Angelo Mongiello
• 5.Payor name on check: First Name 6.Payor name on check: Last Name
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 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).
1 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.
to LP/✓�`y 11/15/07
• Signature of Applicant Date
Signature of Property Owner(if different) -S Date
SCOTS tAf1 Z 11/15/07
Signature of Representative(if any) f ;PATRO"CZ VI , Date
%' N..3.3.
ForConservationTwo copies of the completed Notice of In supporting plans and documents;
two copies of pages 1 and 2 of the NOI al Form; and the city/town fee payment
must be sent to the Conservation Commit 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.)
• wpaform3.doc•rev. 11/30/06 Page 8 of 9
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
Cityrrown
G. Signatures and Submittal Requirements (cont.)
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.
L •
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.
•
III
' r
•
•
wpafonn3.doc•rev. 11/30/06 Page 9 of 9
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lyG����3
• 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 Carmine and Angelo Mongiello
key to move a.First Name b.Last Name c.Company
your cursor- 55 Eastman Avenue
do not use the d.Mailing Address
return
`key. Swampscott MA 01907
e.Cityfrown f.State g.Zip Code
"0 781-389-3802
• h.Phone Number
2. Property Owner(if different):
a.First Name b. Last Name c.Company
• d.Mailing Address
e.City/Town f.State g.Zip Code
h. Phone Number
3. Project Location:
• 120 Swampscott Road Salem
a.Street Address b.City/rown
To calculate B. Fees
filing fees, refer
• to the category 9 ry Notice of Intent(Form 3)or Abbreviated Notice of Intent(Form 4)..
fee list and
examples in the instructions for The fee should be calculated using the following six-step process and worksheet. Please see
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 6lTotal 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.
Wpafonn3.tloc•NOI Welland Fee Transmittal Form•rev.3H/05 Pagel W 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 7/Type of Activity Step 2/Number Step Step 4/Subtotal Activity
of Activities 3/Individual Fee
Activity Fee
• ) Resource Improvement 1 $110 $100
•
•
Step 5ITotal Project Fee:
•
Step 6/Fee Payments:
Total Project Fee: $100
a.Total fee from Step 5
State share of filing fee: $42.50
• b. 1/2 total fee less$12.50
City/Town share of filling fee: $67.50
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.)
Wpaformldoc•N01 Wetland Fee Tmnsmiltal Foos•rev_X1M Page 2&2
•
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000012-0 ROBWSON ROAD LVNN SAND L STOW COTpANY ATM AEAL ESTATE TAX 7WO STANINSH PLACE STE ROCKULLLE MD 20855
OSWI3O 15 ROBMSONRpAp MA 019T0 i
ROM MONGIELLOCARMINE MONMELLOANGELO 55 EASTMANAV SMUPSCOTT MA 019P C�
06OD16O 140 SWAMMSCOTT RDAD LYNN SAID L STONE CO ATIM REAL ESTATE TAX 76M STAND{SN PLACE WE ROCKNLUE INC 20M
06-mi" ROSMONROM KOUNSAUEN SPIRO 1550MYSMET SALEM MA 0OM
0 W0020.0 118 SWAM PSCOTT RDM 15 ROBINSON ROAD REALTY TRV mLrrcHMTSM FREOERICK T P O BOX Mxi SALEM MA 0/970
m 07-ml-0 100 SWAMPSCOTTRam OLD REALTY TRUST OIUSIOOAWJDLfSK1DAVIT 100 SWAMPSCOTT ROAD SALEM MA 01B70
N 11-0002-0 115 SW NW41GOTT ROAD LYNN SANG L S70NE 00 ATTN: REAL ESTATE TAX M9 STANOf571 PLACE STE ROCKMLLE MD 20855
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•
•
ABUTTER NOTIFICATION FORM
•
DATE: November 15, 2007
REGARDING: Salem Conservation Commission Public Hearing Notice
To Whom It May Concern: As an abutter within 100-feet of the proposed project, please be
advised that a NOTICE OF INTENT application has been filed with the City of Salem Conservation
Commission under the Massachusetts Wetlands Protection Act and the City of Salem Wetlands
Ordinance.
APPLICANT: Carmine Mongiello
•
PROJECT LOCATION: #120 Swampscott Road, Salem, MA
ASSESSOR'S MAP: 6 LOT: 14
PROJECT DESCRIPTION: The owner proposes to construct a siltation barrier to improve the
• existing resource area by the reduction of silt and debris flowing into the existing stream. The
siltation barrier will be located on Mongiello property (outside of Robinson Road). The siltation
barrier will be maintained by the Mongiellos and will not impede the drainage flow.
PUBLIC HEARING DATE &TIME: November 29, 2007 at 6:00 PM
• PUBLIC HEARING PLACE: Salem City Hall Annex, 120 Washington Street, Third Floor
NOTE: You may consult a copy of the SALEM EVENING NEWS for information regarding the
time and date of the public hearing. You may contact the Salem Conservation Commission at 978-
745-9595. Plans and the Notice of Intent application describing the proposed work are on file with
the Salem Conservation Commission located at Salem City Hall Annex, 120 Washington Street,
Third Floor, Salem, MA 01970. Phone: 978-745-9595. You may also contact the Massachusetts
Department of Environmental Protection, Northeast Regional Office, 205B Lowell Street,
Wilmington, MA 01887 Phone: 978-694-3200 for more information about this application and/or
the Wetlands Protection Act.
•
•
• PATROWICZ LAND DEVELOPMENT ENGINEERING
1
i
• PATROWICZ LAND DEVELOPMENT ENGINEERING COMP. BY:S•"PrarAxo-ocp-
Land Planning,Civil Engineering, Environmental Permitting
CHK. BY:
DATE: tl,7
SUBJECT �� LiY� C7 S � SHEET NO.: I
• I� J1s7 S4 .jNl rPS( cN 0.0r-<) , Sr+AtiZNN^ r JOB NO.: PCsA I
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• SHOWING UNCONTROLLED
EROSION & SILTATION
OF EXISTING STREAM
I �
•
•
• PATROWICZ LAND DEVELOPMENT ENGINEERING
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r T CITY OF SALEM
T£`4 CONSERVATION COMMISSION
January 30, 2008
Caren and Angelo Mongiello
55 Eastman Avenue
Swampscott, Massachusetts 01907
Re: Order of Conditions—DEP #64-471
120 Swampscott Road, Salem,Massachusetts
Dear Mr. Caren and Angelo Mongiello:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the 10-day appeal period (February 9, 2008), this document and the attached
Special Conditions must be recorded at the Essex County Registry of Deeds (36 Federal
Street, Salem, MA). Once recorded, please return a copy of Page 9 of the Order, which
will indicate to the Commission that the document has been recorded.
As indicated in the Order, prior to any work commencing:
1. this Order must be recorded,
2. a sign shall be displayed showing DEP File # 64-471 within public view, and
3. contact me at least 48 hours prior to any activity to schedule a pre-construction
meeting to review the Order with your hired contractor.
if you have any further questions, please feel free to contact me at 978-619-5685.
Sincerely,
Carnes
Conservation Agent/Planner
CC: DEP Northeast Regional Office
Enclosures
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-471_ ________-.
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. E Order of Conditions b. ❑ Amended Order of Conditions ,
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Carmine and Angelo Mongiello _
use the return a. First Name b. Last Name c.Company
key.1. 120 Swampscott Rd
rl d. Mailing Address
Salem MA 01970
e.City/Town I.State g.Zip Code
4. Property Owner (if different from applicant):
a. First Name b. Last Name c.Company
d. Mailing Address
e.City/Town f.State g.Zip Code
5. Project Location:
120 Swampscott Rd Salem _
a. Street Address b.Cityfrown
6 14
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
a. County b.Certificate(if registered land)
5475 185
c.Book d. Page
November 15, 2007 January 10, 2008 January 30, 2008
7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
a. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
a. Plan Title
Scott Patrowicz Scott Patrowicz
b. Prepared By c.Signed and Stamped by
January 28, 2008 _ 1"=5'
d. Final Revision Date e. Scale
f.Additional Plan or Document Title g.Date
wpzform5.doc- rev.311105 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64_471
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
t. 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 c. ® 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.. ® 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 Act's 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
wetland boundary(if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
40 40 40 40
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
6. ❑ Land Under W aterbodles a.square feet b.square feet c.square feet d.square feet
and Waterways
e.cu.yd dredged f.cu.yd dredged
wpaforar5.doc rev.311105 Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-471_ ___
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
8. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feel d.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 It 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
1. ❑ 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.cty nourishmt. d.c/y nourishmt.
14. ❑ Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt
15. ❑ 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 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
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
wpalorm5.doc• rev.311105 Page 3 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
?, WPA Form 5 - Order of Conditions 64-471__
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.
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, tires, 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 DER]
"File Number 64-471 "
wpaform5.doc• rev.3/1/05 Page 4 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-471
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 Stormwater Policy
Standards.
Special Conditions:
If you need more
space for
additional
conditions,
select box to
attach a text
document ® -
wpafo,m5.doc• rev.311,05 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands oEP File Number:
WPA Form 5 - Order of Conditions 64_471
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? M 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.
4. ❑ 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 c. The special conditions relating to municipal ordinance or bylaw are as follows:
additional The special conditions attached to this Order of Conditions relate to both the City of Salem's local
conditions,
select box to ordinance and the Massachusetts Wetlands Protection Act.
attach a text
document ® -
wpaform5.doc- rev.3I1/05 Page 6 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
L17 �
WPA Form 5 - Order of Conditions 64-471
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
f
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions##4, from the date of issuance. t. bate o Is uance
Please indicate the number of members who will sign this form: five- ,ram r (9)
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 Protection R 'onal Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures: LI
� n
C F
Notary Acknowledgeme i it
Commonwealth of Massachusetts County of Essex
5�5 u,z-q
10 2008
On this Day of Month Year
Before me, the undersigned Notary Public, K. Comacchio, D. Pabich, M. Blier,S Snnwwer,
personally appeared A. Hamilton
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
c�aDUQMj
40"Plaft
� LVM Signature of
fA otary Public
Carey R. Duques
Printed Name of Notary Public
Place notary seal and/or any stamp above August 16 2013My Commission Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on by certified mail, return receipt requested, on
Date
wpalorm doc rev.311105 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-471
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.
wpaform5.doc• rev.311105 Page 8 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-471 _
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:
120 Swampscott Road 64-471
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
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
wpaform5.doc• rev.311I05 Page 9 of 9
Attachment to Order of Conditions # 64-471
Page lof 6
SALEM CONSERVATION COMMISSION
DEP FILE #64-471
120 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 installation of a siltation barrier and bank improvements located within the buffer zone of an
inland stream bank at 120 Swampscott Road. Currently the stream is experiencing siltation due to runoff carrying
sediment from the abutting property. The property owners are looking to reduce the amount of siltation that enters
the stream located on their property, as well as prevent the box culvert located downstream from becoming blocked
by debris. The improvements include the installation of a debris and siltation barrier screen on top of a boulder wall
located along the stream bank. The siltation barrier screens will each be 1.5' tall and 4' wide stainless steel screen
frame and will be designed to slide into a welded channel. The channel will attach each screen to a galvanized steel
4"X4" square post. Behind the screens a chain link fence will be installed. Both the chain link fence and the posts
for the siltation screen will be placed in concrete. Crushed stone will be installed to the west and northwest of the
proposed chain link and debris and siltation screen. The eroded area that currently exists to the northwest of the
stream bank will be leveled with crushed stone 2" diameter or larger to filter and slow the runoff entering the
stream.
New interlocking boulders, 3' in diameter min.,will be installed along 40 linear feet of the stream bank with approx.
6" gaps between them to allow water to pass through. The top two rows of the boulders will have mortared joints.
A stone culvert currently exists within the bank and conveys water from the west to the east under Robinson Road.
The stone culvert will remain as is. A proposed granite block (min 5' long, 2.5' wide, 2.5' thick) will bridge over
the existing culvert. A bottom row of boulders will contain un-mortared joints.
The Conservation Commission approved this project given that the proposed debris and siltation screen will reduce
the amount of material entering the stream which connects to larger wetlands downstream. Approval of this project
requires that the property owner agree to maintain the screen and remove debris and sediment that builds up, which
includes properly disposing of the material outside of all resource areas and buffer zones. The project will not alter
the environment of the stream bank.
The Conservation Commission required the installation of a sign(18"X 18")prohibiting snow storage along the top
of the stream bank. The adjacent property is currently under a DEP administrative consent order and has been
required to install hay bales and silt fence along the top of the stream bank until their project is complete, which is
intended to reduce the amount of runoff overtopping the stream bank and entering the property at 120 Swampscott
Road. This Order understands that the existing hay bales and silt fence are failing and will need to be removed and
replaced in order to complete the proposed project outlined above. The Conservation Commission does require that
hay bales and silt fence be reinstalled and that both hay bales and silt fence remain operational at all times. The
Commission has also required the installation of erosion control measures, specifically pro-bark filtrex silt sock,
equivalent to two rows of hay bales and silt fence downstream of the construction.
Attachment to Order of Conditions N 64-471
Page 2of 6
GENERAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety (all 6 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 964-471, 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 Salem Conservation Agent as its agent with
powers to act on its behalf in administering and enforcing this Order.
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 the Salem Wetlands Ordinance,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. 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.
Attachment to Order of Conditions # 64-471
Page 3of 6
11. All work shall be performed so as to ensure that there will be no sedimentation entering 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
Site Plan Proposed Siltation Barrier at 120 Swampscott Road
(Title)
Approved plan dated: January 28, 2008
(Dated)
Scott Panowicz
(Signed and Stamped by)
City of Salem Conservation Commission
(On file with) -
15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved
plants) 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#47 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) 619-5685 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 plants)and detail drawings. The
Attachment to Order of Conditions # 64-471
Page 4of 6
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 15 hay bales and wooden stakes under cover on the site at all times 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.
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 tricks 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.
Attachment to Order of Conditions # 64-471
Page 5of 6
33. All exposed sub-soils shall be covered by a minimum of three(3) inches of quality screened loam topsoil
Dior 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).
(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 plants)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 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.
Attachment to Order of Conditions # 64-471
Page 6of 6
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.
ADDITIONAL CONDITIONS
43. Applicant shall keep erosion controls downstream from the worksite, such as a Filtrex silt sock,
operation at all times during construction of the siltation and debris screen.
PERPETUAL CONDITIONS
44. The debris and siltation screens shall be maintained by the property owner to ensure they operate
properly and allow runoff to pass through and into the stream.