174 DERBY STREET - BUILDING JACKET t174t-DERBY STREET �,
310 CMR 10.99 DEP File No. 64-266
(To be proviced by DEP)
Form 5
City/Town Salem
Applicant U.S. National Park Se.
Coaimonwealth ' .
Of Massachusetts
Order of Conditions
Massachuetts Wetlands Protection Act
G.L. c. 131, 540 '
From Salem Conservation (bmmfss;on Issuing Authority
\ U.S. National Park Service Same
(Name of Applicant) (Name of property owner)
Address 174_Derby Street, Salem MAAddress
This Order is issued and delivered as follows :
❑ by hand delivery to applicant or representative on (date)
® by certified mail, return receipt requested on 22 (date)
This project is located at 174 Derby Street, Salem, MA
The property is recorded at the Registry of Essex
Hook Page
Certificate (if registered)
The Notice of intent for this project was filed on 2/24/97 (date)
The public hearing was closed on March 13. 1997 (date)
Findings
The Commission has reviewed the above-referenced Notice of Intent and plans and has
held a public hearing on the project. Based on the information available to the Commission at this
time, the Commission has determined that the area on which the proposed work is to be done is
significant to the following interests in accordance with the Presumptions of Significance set forth in the
regulations for each Area Subject to Protection under the Act (check as appropriate):
Public water supply Flood Control Lard containing shellfish
Private water supply Storm damage prevention Fisheries
Ground water supply Prevention of pollution Protection of Wildlife Habitat
Total Filing Fee Submitted $332.00 State Share $153.50
(1/2 fee in excess of $25)
City/Town Share $178-50
Total Refund Due f City/Town Portion $ State Portion$
(1/2 total) (1/2 total)
Effective 11/10/89 5-1
I
ti
Therefore, the Commission hereby finds that the following conditions
are necessary, in accordance with the Performance Standards set forth in the
regulation=_, `c. protect those interests checked above. The
orders that all work shall be performed in accordance with said conditions and
with the Notice of Ir.tent 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.
General Conditions
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, by-laws 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 vears, but less than five years, from the date of issuance
and both that date and the special circumstances warranting the
extended time period are set forth- 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 Yill used in connection with this project shall be clean fill,
containing 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. No work shall be undertaken until all administrative appeal periods from
this Order have elapsed or, if such an appeal has been filed, until all
proceedings before the Department have been completed.
B. No work shall be undertaken until the Final order 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 registered land, the Final order shall also be noted on the Lard
Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording informatin shall be
submitted to the Commission on the form at the end of this Order
prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or
more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection,
File Number 64'Z(n�
10. where the Department of Environmental Protection is requested to ,.lake a
determination and to issue a Superseding Order, t`e Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department.
5-2
. 11. upon completion of the work described herein, the applicant shall
forthwith request in writing that a Certificate of Compliance be issued
statim th^.r the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
Plans:
Title Dated Signed and Stamped by: On File with:
Consolidsted Application 2/97 Cortell Associates Conservation Commission
Environmental Permits
Environmental Permits
Derby Wharf Improvements 9/95 E. Moery Conservation Commission
Special Conditions (Use additional paper if necessary)
See attached 16 conditions
(Leave space Blank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5-3A
Issued Ev Salem Conservation Commission:
Signa ure (s)
This order must :De signed by a majority of the Conservation Commission.
On this 13th day of March 19 97 before me
personally appeared the above mprnrinnaA to me known to be the
person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her £ act and deed.
Notary Public commissi expYies
The applicant, the owner, any person agrrieved by2Order, any owner of land abutting the land upon which
the proposed work is to be done, or any ten residents of the city or town in which such land is located, are
hereby notified of their right to request the Department of Environmental Protection to issue a superseding
Order, providing the request is made by certified mail or hand delivery to the Department, with the
appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the
date of issuance of this determination. A copy of the request shall at the same time be sent by certified
mail or hard delivery to the Conservation Commission and the applicant.
Detach on dotted line and submit to the Commission prior to commencement of work.
............................................................................................................
To Issuing Authority
Please be advised that the order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition B on
19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature Applicant
5-4A
SALEM CONSERVATION COMMISSION
SPECIAL CONDITIONS
SALEM MARITIME NATIONAL HISTORIC SITE
DERBY WHARF (3/13/97)
1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting
documents and those final specifications which shall be filed with the Commission prior to
construction. Any change made or intended to be made to the approved plans shall require the
applicant to inquire of the Commission in writing whether the change is substantial enough to
require the filing of a new Notice of Intent.
2. Members and agents of the Commission shall have the right to enter and inspect the
premises at all reasonable times to evaluate compliance with the conditions in this Order. The
Commission may require the applicant to submit additional data or information necessary for the
Commission to conduct that evaluation.
3. Upon completion of the project, the applicant shall submit, with the request for a
Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor
registered in the Commonwealth of Massachusetts, stating that the site has been developed in
accordance with the requirements of this Order of Conditions,the referenced site plan and
supporting documents.
4. This Order shall apply to every successor in control or successor in interest of the
property described int he Notice of Intent and accompanying plans or part thereof. In the event
this land or any part thereof changes ownership before or during construction, the current owner
shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership
and shall forward proof of this notification to the Commission.
5. Additional erosion and sedimentation control measures deemed necessary by the
Commission shall be instituted by the applicant. Any siltation caused onto any wetland or
waterway area shall be promptly reported to the Commission. Such areas shall be restored to the
satisfaction of the Commission.
6. During construction, no debris, fill,or excavated material shall be stockpiled within 100
feet of the high tide line. Any other stockpile location will be protected sufficient to prevent
sediment from surface runoff entering wetlands and be located only on the southwesterly corner
of the wharf area, be kept covered, with material removed weekly. Haybales shall be anchored
with stakes and entrenched 4 to 6 inches in depth. Excavated material shall be stockpiled on the
upgradient side of the haybale barrier. Haybales shall be inspected daily;those showing signs of
deterioration shall be replaced immediately. The haybale barrier shall remain in proper
functioning condition until all stockpiling has ceased and material removed.
7. Equipment servicing and overnight equipment storage must be conducted outside the
buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants.
V
8. *No spill or discharge of petroleum products or other pollutants will occur within 100
feet of any wetland resource area.
9. Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to
the commencement of construction activities. Said notice shall include, in writing,the names(s),
address(es), and business and home telephone numbers of the project supervisor(s)responsible
for insuring that operations are conducted in compliance with this Order.
10. All disturbed soils shall be immediately and similarly re-vegetated upon completion of
construction activities or shall be mulched until the next growing season. Hydroseeding will be
initiated no later than September 15.
11. *Fertilizers used for landscaping and lawn care shall contain a low nitrogen content and
be used in moderation. Pesticides and herbicides shall not be used within 100 feet of the
resource area.
12. A plan for landscaping and maintenance of vegetation for the buffer zone shall be
developed and submitted for Conservation Commission approval prior to commencement of
work.
13. An erosion control subsurface filter fabric shall be installed in a line tanning from
Building 1 to Building 5 and installed in a vertical position in area between the existing northerly
seawall and the proposed building foundations.
14. A full depth silt curtain shall be installed and maintained at jetty during construction.
15. All work shall be performed from wharf excluding installation of 2 piles for Friendship.
16. The Order of Conditions including these Special Conditions shall be posted on site.
*ongoing conditions that do not expire upon completion of the project or issuance of a
Certificate of Compliance.
sd\wncom\ooc\derbywha
1
SALEM CONSERVATION COMMISSION
SPECIAL CONDITIONS
SALEM MARITIME NATIONAL HISTORIC SITE
DERBY WHARF (3/13/97)
1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting
documents and those final specifications which shall be filed with the Commission prior to
construction. Any change made or intended to be made to the approved plans shall require the
applicant to inquire of the Commission in writing whether the change is substantial enough to
require the filing of a new Notice of Intent.
2. Members and agents of the Commission shall have the right to enter and inspect the
premises at all reasonable times to evaluate compliance with the conditions in this Order. The
Commission may require the applicant to submit additional data or information necessary for the
Commission to conduct that evaluation.
3. Upon completion of the project,the applicant shall submit, with the request for a
Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor
registered in the Commonwealth of Massachusetts, stating that the site has been developed in
accordance with the requirements of this Order of Conditions, the referenced site plan and
supporting documents.
4. This Order shall apply to every successor in control or successor in interest of the
property described int he Notice of Intent and accompanying plans or part thereof. In the event
this land or any part thereof changes ownership before or during construction,the current owner
shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership
and shall forward proof of this notification to the Commission.
5. Additional erosion and sedimentation control measures deemed necessary by the
Commission shall be instituted by the applicant. Any siltation caused onto any wetland or
waterway area shall be promptly reported to the Commission. Such areas shall be restored to the
satisfaction of the Commission.
6. During construction, no debris, fill, or excavated material shall be stockpiled within 100
feet of the high tide line. Any other stockpile location will be protected sufficient to prevent
sediment from surface runoff entering wetlands and be located only on the southwesterly corner
of the wharf area, be kept covered, with material removed weekly. Haybales shall be anchored
with stakes and entrenched 4 to 6 inches in depth. Excavated material shall be stockpiled on the
upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing signs of
deterioration shall be replaced immediately. The haybale barrier shall remain in proper
functioning condition until all stockpiling has ceased and material removed.
7. Equipment servicing and overnight equipment storage must be conducted outside the
buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants.
8. *No spill or discharge of petroleum products or other pollutants will occur within 100
r
feet of any wetland resource area.
9. Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to
the commencement of construction activities. Said notice shall include, in writing,the names(s),
address(es), and business and home telephone numbers of the project supervisor(s)responsible
for insuring that operations are conducted in compliance with this Order.
10. All disturbed soils shall be immediately and similarly re-vegetated upon completion of
construction activities or shall be mulched until the next growing season. Hydroseeding will be
initiated no later than September 15.
11. *Fertilizers used for landscaping and lawn care shall contain a low nitrogen content and
be used in moderation. Pesticides and herbicides shall not be used within 100 feet of the
resource area.
12. A plan for landscaping and maintenance of vegetation for the buffer zone shall be
developed and submitted for Conservation Commission approval prior to commencement of
work.
13. An erosion control subsurface filter fabric shall be installed in a line running from
Building I to Building 5 and installed in a vertical position in area between the existing northerly
seawall and the proposed building foundations.
14. A full depth silt curtain shall be installed and maintained at jetty during construction.
15. All work shall be performed from wharf excluding installation of 2 piles for Friendship.
16. The Order of Conditions including these Special Conditions shall be posted on site.
*ongoing conditions that do not expire upon completion of the project or issuance of a
Certificate of Compliance.
sd\concom\ooc\derbywha
Massachusetts Department of Enrlronmente/Protection i
Bureau of Resource Protection—Waterways Program ransmsuri
BRP WW 01 Waterways license or Permit: Non Amnesty
BRP WW 02 Waterways Amnesty License or Interim Approval
BRP WW 03 Waterways Amendment to License or Permit
General Waterways AVII atlon
EF Municipal Zoning Cetiiiicate
MOM rpaof U.S. National, Park service
Prot darbAll Mwelmoad
tntonnadon
F"ad an
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Salem _
&Waal;
Salem Harbor
Myvnv'
pmrasan dpovweo vor Www r ua
Construction of mooring b access structures to accommodate a new permanently
moored floatinq exhibit and a new historic warehouse exhibit, consisting of
S structures ranging from fully-enclosed to framed (ghosted) . A section of
licensed failing seawall along xoskiusko Street will also be repaired.
.eA(, •:ate.. a w..
To be completed by mun/c/pal clerk orappropriate munidpal ofclah
h hereby earthy that the project described above and more fully detailed In the appikent's waterways(W60 application
and plans Is not In violation o1 local zoning ordinances and
bylaws.'
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Rev.71W Page 1 of 6
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EI7'Y�OF
PUBLIC PROPERTY
DEPr1RTNIFNT
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Hwraa 130 WevutwlmN SMM•ULAIK M&QLiCftShTM 01970
TEL MNSAS"•PAZ M7404M
APPLICATION FOR THE REPAIR. RENOVATION. CONSTRUCTION
D&MOLTTION,OR CHANGE OF USE OR OCCMNCY, FOR ANY EXISTING,
STRUCTURE OR B-TA nn_ G
1.0 SITE INFORMATION -
Location Name: 5� tit��v c� ` � �i S BufkMV
Property Is kxated in a;Conservation Area Y Hk Wft
2.0 OWNERSHIP INFORMATION
2.1 Owner of Land
Name:
Address:
Telephone: p
3.0 COMPLETE THIS SECTION FOR WORK IN "'JI ING BUILDINGS ONLY
Addition Existing
Renovation Number of Stories Renovated
Change in Use New
Demolition Existing
Approximate year of Area per floor (sf) Renovated
construction or renovation
of existing building New
Brief Description of
Proposed Work:
2-i.�'l-S -f"e�— ��vC.(fcX t R�It t•t,�-C� ?���r-�i t1 0.�!'
--- ---Mail Permit to: _.-
What is the cuffent use of the Building?
Material of Building? 11) It dwelling,how many.units?�
Wtil the Building Conform�toLaw? Asbestos?
Architect's Name
Address and Phony J r ( I
Mechanics Name 1�2 < /�.
Address and Phone
Cormtruction Supervisors u�so g HIC Registration N
Estimated Cost Of�/Pro��jOd�S Pam*Fee Cakutatlon
Permit Fee: Estimated Cost X$7111111000 Residential
Estimated Cost x$11/:1000CmnmercW---------
An Additional ss.00 is added as an
Administrable charge.
Make sure that ail fields are properly and legibly written to avoid delays in processing.
The undemIgned does hereby apply for a Building Permit to build to the above stated [(3
specincations. Signed under penalty of Perjury X
Date
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