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64-31 - 140 Bay view Avenue - CONSERVATION COMMISSION JAMES MICHAUD 140 BAYVIEW AVENUE l i ' 1.viJu.i_•.tltu.a_;.:��uu.'.itJi�YfdV +awe.:iLFi....Si.nw:i�iu.rwt'rev:..:�eLir�A?)..:.lutiblu"ar8.%:uMnb .�' �`."" `�rL_aw_. �•.:i'.' ��.iJYi�2'."•• .—::.• .� N� A� ! v� + e z i ORDER ➢TEPLAND PROTECTION ACT G.L_ C. 131 s. 40 FILE NUMBER: 64-31 - PROJECT LOCATION:. 140 Bay View Avenue, Salem,Massachusetts TO, Mr. and Mrs. James R. Michuad CERT. MAIL NO: 140 Bay View Avenue #3491 Salem ,Massachusetts 01970 RE: NOTICE OF INTENT AND PLANS DATED: DATE OF RECEIPT BY April 5, 1978 (N.O.I.) & June 26,1978 (PLANS) CONSERVATION conMISSION• June 29,1978 DATE OF PUBLIC HEARING: July 5, 1978 Pursuant to the authority of G.L. C. 131 s. 40, the SALEM CONSERVATION CO_lu�aSSION has considered your notice of intent and plans submitted therewith, and has determined t3t. the area on which the pro- posed work is .to be done is significant to one or more of the interests described in the said act. , The SALEM CbNSERUATION COLLV1ISSION nereby orders that the following conditions are necessary and all work must be performed in strict accordance with said conditions and with the tice of Intent and Plans, unless modified by said conditions: f 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 . This 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 and/or regulations. 4. The work authorized hereunder shall be completed within one (1) year from the date of this order unless otherwise stated below Dursuant to Regulation 6.7. The order may be ex- tended by the issuing authority for one or more additional one-year periods upon application to the said issuing authority at least thirty days prior to the expiration date of the order or its extension. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing , lumber, bricks, plaster, { wire, lath, paper, cardboard, pipe, tires, ashes,-refrigerator-E. motor venicles or parts of any of the foregoing. CO'ND1 ION,: Cn,; !X D PAGE 2 64-31 FIi !;O. 6 . No work may be commenced until all appeal periods have elapsed from the order of the Conservation Commission or from a final order by the Department of Environmental Quality Engineering.. 7 . No work shall be undertaken until the final Order, with respect to . the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located within the chain of title of the affected property. Copy to be furnished to issuer of this Order showing book and page prior to cor-,iiencerent of work. S. Upon completion of the work described herein,- the applicant shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words, "Massachusetts Department of Environmental Quality Engineering. Number 64-31 10. Where the Department of Environmental Quality Engineering is requested, to make a determination and to issue a superseding order, the Conservation Commission shall be a party to all agency pro- ceedings and hearings before the Department. 11. .The work shall conform to the following described plans and additional conditions. a.) All work shall be done in accordance with the drawings prepared by Mr. Robert M. R Tf , Dated June 26, 1978 and titled "sea wall restoration for Mr. and Mrs. James R. Michaud, and signed accordingly. b.) Weep-holes shall be placed at as low an elevation as possible during the reconstruction of the sea wall . c.) All temporary and excess materials shall be renoved from- the seaward side of the wall following reconstruction of the wall. f -27- CON]ITICNs CCN*--NU"D PAGE 3 FILE NO. 64-31 The applicant, any person aggrieved by this order, any o,rner of lard 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 appeal this order to the Depart- ment of Environmental Quality Engineering provided the request is made in writing and by certified mail -to the Department within ten (10) days from the issuance of this order. n a - ISSUED BY sAT,Fr`1 CONSZRMTIGN cammissicN July 12, 1978 Date of Issuance On this twelfth day of July 19 78, before me personally appeared the persons named above to me known to be the person described in and who executed the foregoing instrument and acknow ledged that he executed the same as his free act and deed. My Commission expires T i %� i y 7 -28- WETLANDS PROTECTION ACT D KASSACHUSETTS G.L. C.131 sec.40 SALEM CONSERVATION. COMm. I NOTICE OF INTENT ALL PARTS OF THIS FORM SHALL BE COMPLETED UNDER THE PAINS AND PENALTY OF PURJURY INCLUDING I THE ENVIRONMENTAL DATA FQMI ATTACHED HERETO AND MADE A PART HEREOF OR .THE FILING MAY BE CONSIDERED INCOMPLETE. DATE: .4'PVL S 194b 1. Notice is hereby given in accordance with the provisions of G.L. .C.131 s.40 that the proposed activity as submitted herein falls within the jurisdiction of said statute, iand is located in the i City; l , n _� ,LEAA STREET I40 ?_'4L Vlev 'we i Recorded at the Registry _ �� / L 9/ 3 o Y of 09F'� Sau FSSE Book (� Page Certificate (if registered) 2. The nare(s), address and telephone number of owne-r(s) of the subject land are: y NAiW ADDRESS TELEPHONE'NO. ! .1D.MCh iZMICIlAUD _M -, 1j� �rl �'�3. I have filed identical Notices and plans by Certified Mail with the following: . ✓ `e Date 7 Conservation Commission (original) PS " Department of Environmental Q� p� Quality Engineering ,_ � Northeast Region, Tewksbury Hospital I Tewksbury (3 conies) OIfs7(, yp. IC£N -�{jLliL Date I I � t I a { Date i Its a a1' variances and. apn-ovals as required by C.131 s.40 been obtained ? 4t,4A Vj&e, &,M l i yes or no ). Attach copies to original Notice of Intent. 5. Enclosed is Statutory Filing Fee of $25.00, Payable to City or Town. 6. The name, address and telephone number of the owner's representatives (if any) are as follows: NAME ADDRESS TELEPHONE NO. Attorney 1Zorey_T- t egret) C <00 �ldFLllll[�"TD1.L SC . LENI 145 tf PdFlPf .i- Afsn/iATFf Jo/ zg G�¢� /`1q• - (, EidGIi\EE_ - AGENT ✓o R Ccoas r�i vcT ®AM �eQ s�,�cv.�Jlti I. The purpose of the project is: (Use additional sheets if necessary) j S. Owner's (or agents) signature WETLANDS PROTECTION ACT Environmental Data Form I. All parts of this form are to be filled out by the applicant or his agent under the provisions of G.L. C.131 s.40. 2. Where a section is not relevant to the application in question, the words "NOT APPLICABLE" should be entered on the appropriate line. NAME OF APPLICANT TAMES 'Z- NIIG{ �/kUp ADDRESS OF APPLICANT MUNICIPALITIES WHERE ACTIVITY IS PROPOSED AND NOTICE IS FILED. � L_C DESCRIPTION OF PROPERTY INVOLVED Z� S CCE PLA1� IN APPLICATION (including the dimensions of any existing buildings,decks,marinas, existing cesspools) . DESCRIPTION OF MODIFICATIONS PROPOSED RBP� 12 :Xt�,TIf.Ir; ON THE SITE, including grading, dredging, �( removal of vegetation, ect, `5P %IA LL . A. SOILS 1. United States Department of Agriculture Soil Types ( show on map 2. Permeability of soil on the site. (dates of testing) kof ' appzIC87 2 3. Rate of percolation of water through the soil. (Dates of testing) ',,// 4 I , B. SURFACE WATERS 1. Distance of site from nearest surface water ( Date of measurement 2. Sources of runoff water. 3. Rate of runoff from the site 1T 4. Destination of runoff water ^ 5. Chemical additives to runoff J T4 water on site. C. GROUND COVER 1. Extent of existing impervious ground cover on site 2. Extent of proposed impervious ground cover on site A/o n 3. Extent of existing vegetative cover on the site - Z,57JA117 4. Extent of proposed vegetative cover on site L a /7 D. TOPOGRAPHY 1. Maximum existing elevation on site oUof 41P11011'ca hLe 2. Minimum existing elevation on site / 0 3. Maximum proposed elevation on site ; y,.,..` 4. Minimum proposed elevation on site 5. Description of proposed chanoe in topography o E. GROUND WATER 1. Minimum depth to water table on site (at time of filing) 2. Maximum depth to water table on site (at tine of filing) 3. Seasonal maximum ground water elevation QF. WATER SUPPLY 1. The source of the water to be provided to the site �IV/ , 1,. 2. The expected water requirements (g,p,d.) for the site V 3. The uses to which will be put YA G. SEWAGE DISPOSAL 1. Sewer disposal system (description and location on the site, of system 2. Expected content of the sep:age effluents (human waste, pesticides, detergents, oils, heavy metals, other chemicals) 3. Expected daily volumes of sewage \ / H. SOLID WASTE 1. Estimated quantity of solid waste - to be developed on the site y �1 2. Method for disposal of solid waste , 3. Plans for recycling of solid -waste I. BOAT YARDS,DOCKS AND MARINAS 1. Capacity of .marina (number of boats running feet) k' 2. Description of docks and floats (site, dimensions) 3. Description-of sewage pumpout facilities (type of waste disposal) 4. Description of fuelling facilities and fuel storage tanks 5. Description of fuel spill prevention measures and equipment J. IMPACT OF PROPOSED ACTION APPLIED FOB 1. Effects on plant species ( upland and marine 2. Effects on marine species (shellfish, finfish) 3. Effects on drainage and runoff /0 4. Effects on siltation of surface waters - -�L 5. Effects on groundwater quality D / 6. Effects on surface water quality y I ,12 K. ALTERNATIVES TO PROPOSED ACTION 1. Discribe alternatives to the requested action 2. Describe the benefits of the requested action over the alternatives To -4 OD1To,tit, 014-H14 �� 0 IA ✓a;�.; •� \ � I`W l !.'INNfit'iMFJ f�^tY tU Apyti'*, i � MF'r_r•01i m L JAQUITN � � oF�Sit pNAlt `i Bev I ass. �! l\ .✓" \ /DTI A f•1TIG ""USG �.1 vy • t .��. �� .tip\'� ` ' �.� " � _ WN rt t H ;t-=A \/Al_L FCES['C)KATiC 1 140 tJ ��iG 'JAG' uU r;� A.Kcµ T GTE: f�._At.l►.J1=t��� ko ►mh f1'i� +i- Na. a`a'J3 "^1Ttt pc M Mrf G ' ` ,�"f L �.t� I T[ C. UC giAfJ ,p tta.2G555 p � �y„a FSSy0NA1 L�6, . to "X4. \ � 1 • � ./ice/��/ 'i�i� � � " 4,a r 2.b P-';TCXZAl-IOQ FOr- 14o t:AyVtc—�`U f.1UG �AL�M MAfi. GNUTT 1�AL/li� F�_ JAOU(T{-} � AIZGNIT�GT� e� �'1 ,gtJf.lE2�i I f �a�i� �TR��T i�G--�/lrtZL'r' , MA�;v4CF-I•��TTS Ul�llrj '�'MftitL 19}b . Y 1`�Illurnpriksoc. Sea l�/�lf afafa :oh �J�6/�B s.C/ymeers Fo r All- /P V Alt A-. ".rtCr1 �dss !¢o F.S�yar°r+v '�lrel,ve , SPler�f,/`7�s's: 3hf r - G7.rS X 2 Xt j t /. SA, ( r F fb.o. 8 z N Szt - 3.2X3.33 _ - !A 7 774orsbca( fensiQn afhP hPQf is accQPAa,blC bee �vsC ©� Lhe co.�sr va><i"✓e assurr�pf,`an 7`hat fti P �uac'I is ��f�i.��H' GVvfE/ inra� o ' ��rfh � .,Abe tQp wt`�( be arcLror�cl fa fhP len✓�e� btohiv7d I-he <vwzll i riP AYP is addolcl in Front Ao covnAer.acf H 6resk vim+ ►gVeO action l� See eVraT wi n9 * o RQEER '!• Pk R 6532 b I i i r s' r. RECEIVD--� y`� e � MAY 1 ti 1197$ S�LEM PLANNING DEPT. DAVID f. j{ IAQUITH BeveitY.Mnss. 1 A7L-,&4J T I C. t' - e, / / K %� \ \ 1 � `'• �� \ \ .. ��.. � LOCC.TOW�P pYJST 16.ib / � 0 41�-7A \�1ALL MK`�,, 1"J��/iri �` JA<_�:.J ;�,"H-! � A.f;.''1-'rl•'"=GT��. r P'�.lIJ1=t�� # a>�arr la7b QZ -rrz / •� �� a�:- r BOLL H vnys+ Ao e-�,am ob �L p nn-c�) '� -rrvM �•� � ' w t 131a sa�+,tt � w. 5 � C' DAVIO )AQU11H No. Z851 C MA!Li01T !P r; N Bevedy,Mass, �a - I ,¢tJo.26Sb5 pp O,`� 54r � �lTIN Of E eawc. � . +�LE�/. 1'I.UU� rouaao 9 i LouA • tvPfk&.t= rpg M.o.p.W Orl $40 S-Mw6.l um" —naw.+ i r r KE I'Ai tXlhTl AJC� ` - tZli�•-ttAP' tiTdt.16� � •' � ' Q! FALL •' ' ' .-,..; ,% ' . ck-:A \U.A:LL M`;)-rOP!A-rl0Q M z. AVI=QU6 ! I vi�,x�. STi�..{✓�T 4�EVE�.�.4' , �JA�fa�NtJZ)✓TT�> v►4j5 ka NMt Mir J O Conservaton Commission `5alvin. Massachucetfs i)ly l0 City of Salem Conservation Commission Wetlands Hearing A public hearing will be held as required by the Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request of Mr. James Michaud, 140 Bayview Avenue, Salem, Massachusetts, The purpose of the hearing is to explore the effects of the reconstruction of a seawall at 140 Bayview Avenue , Salem, Massachusetts. The hearing will be held on Wednesday, July 5, 1978, at dfl�FY/P�i9L, on the third floor of One Salem Green. 7y,bra Bradford Northrup Chairman June 30, 1978 �ca.canv l - ;�" A 0 '+. � g� l�ttutitt� IInrl JUN 11 '78 SALEM, MASS. June 5, 1978 SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICT MR. JAMES R. MICHAUD - - - 140 BAY VIEW AVENUE - - SALEM, MASSACHUSETTS - - On Thursday, June 1, 1978, the Planning Board of the City of Salem held a public hearing regarding the application of Mr. James R. Michaud, for a Special Permit under Section P, Wetlands and Flood Hazard Districts, of the Salem Zoning Ordinance, with respect to the reconstructionof a - seawall on the property located at 140 Bay View Avenue, Salem, Massachu- setts. - At a regularly scheduled meeting of the Planning Board on June 1, 1978 the Board voted, by a vote of nine in favor, none opposed, to approve the application dated April 13, 1978 as complying with the requirements for the issuance of the permit. A copy of this application is on file with the Planning Board. I hereby certify that a copy of this decision has been filed with the City Clerk. This special permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, that it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. ,c. ..__.._.._.........._. �-� Walter Power III yr i. Chairman �J11N 51978 D SALEM CONSERVATION COMM. " T \_� �: tiJ t�l Cz � dfli fZtZSrJ{:�.ZIZSE�A J Ou Szt1M (6reert REQUEST FOR REVIEW CONDENTS SPECIAL PEMMIT DATE: TO: ( ) Building Inspector Conservation Commission ( ) City Engineer ( ) Other: ( ) Board of Health Attached please find the application referenced below. The Planning Board requests that you review this application relative to Section VII of the Zoning Ordinance. We would appreciate your completing the form below and returning it to us. Notice of the public hearing for this application will be forwarded to you. (� ) , WETLANDS & FLOOD HAZARD DISTRICTS ( ) CLUSTER DEVELOPMENT ( ) PLANNED UNIT DEVELOP, APPLICANT: ,)AMrJ M1CAA0Z:)t ,` y PROJECT NAME & ADRESS: INo T)A"; AV Qir w M 6/''s�I CONTACT PERSONS AND PHONE: Applicant: yb?i LEpoo x, City: t CO',MNTS DUE BY: 46 <j�4J ®ccsl i�7��I�LG^ (Failure to comment within 35 days shall be deemed lack of opposition.) ( ) Concur with proposal (Explain on reverse side) (Need more information (Explain, on reverse side) ( ) Cannot concur with proposal (Explain on reverse side) ( ) Comments included :1 REVIEWER'S SIGNAT6ME ITITLE DATE 7)L f 8-P -X/' S , ?ice .J- sf PO U tX� May 26, 1978 After receiving additional information from the applicant, it is the consensus of the Conservation Commission to concur with the proposed project providing that any information requested by the ConCom from the applicant is forwarded to the Planning Board for their consideration. t yl . �JoN Co�� Conservation Commission Salem. Massachusetts 01970 WWG��6 March 22, 1978 ON SITE INSPECTION . MR. JAMES MICHAUD 140 BAYVIEW AVENUE SALEM , MASSACHUSETTS As a result of an on site inspection taken on Sunday, morning, March 21 , 1978, by several members of the Salem Conservation Commi-sion, the following observations were made, and several courses of action were determined at that time. The seawall behind Mr. Michaud' s residence, at Juniper Point, has suffered severe damage and destruction. Much of the wall has been washed out and direct wave action eroded parts of Mr. Michaud 's lawn and caused considerable damage to the rear of his home. Steps leading to the second floor were detached from the house itself and left lying on the lawn. It is Mr. Michaud's intention to rebuild the seawall completely, strengthening it against future storms. This plan will entail knocking down the existing remaining seawall , in order to rebuild properly. It is the decision of the Commission that "Notice of Intent" be filed for the work proposed to the Conservation Com- mission for public hearing and review. Also, Mr. Michaud will be re- quired to file for a " Special Permit" with the Salem Planning Depart- ment, since the property is in a "Flood Hazard Zone". Also, the plans to be drawn up must be done so by a registered civil engineer . Members of the Salem Conservation Commission present at the on site inspection were: Bradford C. Northup Brian E. French David DeVoe Paul Willis Submitted by Joseph F. Antonelli Conservation Aide J�ie 7�o�rr�n�,o�urLe� a� �2�GaQda,�eecde�d , Te1.817.851-7487 0)696 Date: July 12, 1978 Re: File No. 64-31 This Department is in receipt of an application under General Laws, Chapter 131, Section 40, filed in the name of: Mr. & Mrs. James R. Michaud 140 Bayview Avenue Salem, Massachusetts Owner of Land (if different) This project is in the City/Town of Salem and is located 140 Bayview Avenue. (S ) This project has been assigned the File Number shown above. ( ) No File Number has been assigned, since the filing as received is considered incomplete. To complete requirements for filing, please submit the following: Notice of Intent ( ) Plans ( ) Locus Map ( ) Thomas F. McLoughlin Regional Environmental Engineer Metropolitan Boston-Northeast Region TFM/Ekat/plv cc: Conservation Commission .j a L Eog off a 1tl38011 :; . 4 , ;jig ssePN 57 udA � " �'Irlby7/W "b s:Pj'b'1 SbI �r * �/6'Y eP-a 4101 1t;'HC—L,5 � 77�/y b�S Z ,_a7Lv e�� d 7 � G.� - _.. r 4 F t 3 i� � 4 a oV s' � - ` p t r rr 1 1 5 ) Ip t, OIL _ va/1 l.2 /E — Sr(��b $ Z ticT t� 7 i a� r/ E ter / [JC� ' Sa7 s�JrJ�i f dld. a6037 IM SF d•rt` � 1/ n �j t I. o ^, /sL - 71e: � d��s� ate- � a s 25 �m1r 4 �fA �.., f;; � F i jjp y�a t ��:►P L//JJ 2J/ ,.a - rAy4V d . . l fad rc �f7 scfid h . , F r Lech e a � y .� Pang rvn Jrav�'l hole: i —r i ones l70 FsS f/791r7 Sel in r]rw,o', 1pa 1-1 send C._L edge iPp fap,. �/o StGr7E3 l ES o/ _ than 2Ft, Conc�el� hall he 3, De��f=s:' n728 days_ 6;0-t mil en/rvfr7ec/ 5�-C7'/O/V 5- 6 kale v` I V `D U PL A_ N S A WALL 1?FS7-ORATIO/l/ FOF /117R5, TASTES R, M/CHAyO /40 Payvlfw AYFnve S��l�r„ it��ss<Chvsc ,!�s Con s v l 1-!n Fi7 ire Fe=r� Salem, J19 �SS• �i170 ��26J78 /oi Dw/jy TT�fE> `4 c8 a ROBERT�I. yr N Yf coaq PM. 'JUN 2 91978SALEM 'CONSERVATION CO i