64-76 - 435 Lafayette Street - CONSERVATION COMMISSION �o�bst�2_ �y 7�
FORM 4
ORDER OF CONDITIONS
W E T L A N D S P R O T E C T I O N A C T
G.L. C. 131, s. 40
CITY/TOWN Salem, MA. FILE NUMBER 64-76
TO: NAME Philip S. Webster ADDRESS 21 Weston Street, Boston, MA: _
CERTIFIED MAIL NUMBER
PROJECT LOCATION:
Address Lafayette Street, Salem, MA. New single
family dwelling
Recorded at Registry of Book Page
Certificate (if registered)
REGARDING:
Notice of Intent dated
and plans titled and dated
THIS ORDER IS ISSUED ON (date) April 23, 1981
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Pursuant to the authority of G.L. c. 131, s. 40, the Salem
Cp., "mt-inn Qnmmj,,j' iA has reviewed your Notice of Intent
and plans identified above, and has determined that the area on which
the proposed work is to be done is significant to one or more of the
interests listed in G.L. c. 131, s. 40. The Salem Conservation Commission
hereby orders that the following conditions are necessary to protect
said interests and all work shall be performed in strict accordance
with them and with the Notice of Intent and plans identified above
except where such plans are modified by said conditions.
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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.
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s
FORM 4
ORDER OF CONDITIONS CONTINUED FILE NUN9ER r4-76
2. This order does not grant any property rights or any exclu—
sive 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 per-
son 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 it is for a
maintenance dredging project subject to Section 5(9). The
order may be extended by the issuing authority for one or
more additional one-year periods upon application to the
said issuing authority at least thirty (30) days prior to
the expiration date of the order or its extension.
5. Any fill used in connection with this project shall be clean
fill, containing no trash, refuse, rubbish or debris, includ-
ing, without limiting the generality of the foregoing, lumber,
:bricks, plaster; wire, lath; .paper, cardboard, pipe, tires,
ashes, refrigerators, motor vehicles or parts of any of the
foregoing.
6. No work may be commenced untill 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 cha n of title of the affected property.
The Document number indicating such recording shall be sub-
mitted on the form at the end of this order to the issuer
of this order prior to commencement of work.
8. 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 "
9. Where the Department of Environmental Quality Engineering
is requested to make a determination and to issue a super-
seding order, the Conservation Commission shall be a party
to all agency proceedings and hearings before the Depart-
ment.
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ORDER OF CONDITIONS CONTINUED FILE NO.- 64-76
C10. 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 satis-
factorily completed.
11. The work shall conform to the following described plans and
additional conditions. -
The Commission has determined that the proposed work
is subject to the wetlands Protection Act and is significant
to storm damage prevention and order the following conditions:
a. Except as modified -by this order of conditions, all work
shall be in accordance with.the plan titled "House for Mr. & Mrs.
Phillip S. Webster, Lafayette Street, Salem, MA, " prepared by
John Folet, Architect, April 9, 1981, revised 4/20/81 and revised
again to note the elevation datum as "Mean low water = 0.00";
b. The first floor elevation shall be at elevation 18. 0 feet
or greater;
c. New construction or land alterations shall not block or reduce
the discharge capacity of storm water drains discharging from
Lafayette Street;
d. All pipes and conduits to or from the structureshall be
enclosed beneath the lowest flow slab and shall be anchored
and protected from potential action of waves.
e. The base of all footing shall be at least "4 feet below the
finished grade elevation;
f. The retaining walls shall be constructed in accordance with
the sketch made by John Folet and submitted to the Commission
with gravel backfill, weep holes at 5 ft centers and with the
base of the footings at least 4 feet below the finished grade
elevation. The base shall be at least 10 feet wide;
g. All fill shall be limited to that shown on the reference
plan. There shall be no alteration of land seawood of the mean
high water line.
h. Upon completion of the work all equipment and surplus
materials shall be removed from the site.
i. No on-site work shall be started until such time as all
monies owed to the Commission are paid in full.
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ORDERS OF CONDITIONS -' continued
The applicant, any person aggrieved by this order, 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 appeal this order
to the Department 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.
ISSUED BY Salem Conservation Commissi
On this 3`z� day of (�c�� � 19?/, before me personally
appeared � , _�[�Y,�o to me
known to be the person described in, and who executed, the foregoing
iristr�i5gnt.,and acknowledged that he executed the same as his free act
and deed;
S
�4)y Commission expire /9p j
DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER 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
ON (DATE) _
If recorded land, the instrument number which identifies this trans—
action is _
If registered land, the document number which identifies this trans—
action is
Signed
Applicant
—4—
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NEW ENGLAND TEST BORING CORP.
Tel-'567-7526 TEST BORING REPORT BOSTON, #ASSACNUSETTS
TO Mr. Phillip S. Webster Dat• 6/9/81 Job No, 6939-A
Location 435 Lafayette Street, Salem. Ma, Sealo 4 k
Figures in right hand column indicate number of blows required to drive 2 inch sampling spoon 6 inches,using 140-Ib. weight falling 36 inches.
BORING #1 BORING #2 BORING 43
Elev. Elev. Elev.
SAND &
SAND & TRACE OF LOAM&
LOAM FILL -- LOAM FILL -- MISC. FILL --
3 3
' 3'6 STIFF YELLOW
STIFF CLAY & TRACE MEDIUM DENSE 2
YELLOW 12 OF FINE SAND 10 MEDIUM 3
SOME 17& INORGANIC 12 YELLOW SAND 3
FINE `3 SILT 18
SAND
& 8t6r 7'6
TRACE' DENSE 9
FINE' 10
OF YELLOW 13 11
c, INORGANIC 14 SAND, 17 DENSE 13
SILT 15 TRACE MEDIUM
18 OF YELLOW-
CLAY GRAY
DENSE FINE & SAND
YELLOW SAND 10 INORGANIC 12 12
TRACE OF CLAY 12 . SILT 13 14
& INORGANIC 13 15 16
15 water level-t .dlaI
15 water level-tida.. 1water level-t da
Water levels indicated are those observed at the completion of.each boring, and do- not necessarily represent permanent ground water levels.
CITY OF SALEM, MASSACHUSETTS
APPLICATION
SPECIAL PERMIT RECEIVED
WETLANDS AND FLOOD. HAZARD DISTRCCTS
81 MAY -8 P12 :01
Applicant: Phil.].i_p S, Webster.
ITY CLER'K'S OFFICE
Address: 21 Weston Street Boston , Mass 021 -% 2,47Y, Pc2jerk, 6tamp
Telephone: 361 -7825
Owner: Phillip S. Webster
Address 21 Weston Street Boston, Mass 02136
Location of Property: hoffayette Street Salem, Mass, 01970
Project Description: Eaw SinulF, I?amily Dwelling
I. It has been determined by the Building Inspector that the above property
lies in the following area(s) :
A. Wetlands District
Wetlands ( ) Buffer Zone ( )
B. Flood Hazard District
Zone A ( ) Zone A3 ( X ) Zone V3 ( )
II. Information required includes this application and the following additional
information (file one copy of everything with the City Clerk and five
copies with the Planning Board ; all copies must be stamped by the City Clerk) :
A. A site plan at a scale of 1" equals 20' prepared by a registered
land surveyor or registered professional engineer and showing at
least the following:
1. Lot lines within which the development is proposed and the tie-
in to the nearest road intersection;
2. The location, boundaries, and dimensions of each lot in question;
3. Two-foot contours of the existing and proposed land surface;
4. Location of existing and proposed structures, water-courses,
drainage and drainage easements, means of access, utilities,
and sewer disposal facilities including leaching fields, if
any. Proposed elevations should be noted.
5. Boundaries of all districts, areas and zones as noted in
Section I.
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B. In the wetlands District, a determination by a qualified engineer
of the seasonal high water table, performed during the last two
weeks of March or the first three weeks of April. A minimum of
two percolation tests for each leaching area shall be performed.
C. In cases of flood-proofing or pile construction, certification
by a registered professional engineer or architect as to the
elevation of flood-proofing measures and as to compliance with the
applicable sections of the Massachusetts State Building Code
concerned with flood depths, pressures, velocities, impact and
uplift forces, and other factors associated with the base flood.
Where specific methods or techniques have been previously certi-
fied, the Planning Board may waive this requirement.
D. A list of Federal, State, and other local permits required by the
applicant.
E. Descriptions relative to all conditions applicable in Section III
below.
III. Conditions (Complete those sections indicated (x) by the Building Inspector)
In the Wetlands and Flood Hazard Districts no structure or building,
including pipes and wells, shall be erected, constructed, substantially
improved, enlarged, or otherwise created or moved; no area shall be
paved; no earth or other material shall be stored, dumped, used as
fill, excavated, or transferred; and no sediment shall be caused to
be discharged from or onto a wetland, unless all the following condi-
tions are found to exist as part of the granting of a Special Permit by
the Planning Board (Use additional pages if necessary) :
A. All Districts:
(X) 1. The proposed use will comply in all respects to the uses and
provisions of the underlying District in which the land is
located. Yes { No
(X) 2. There is adequate convenience and safety of vehicular and pedes-
trian movement within the site, and in relation to adjacent
streets and property, particularly in the event of flooding
of the lot(s) or adjacent lot(s) caused by either overspill
from water bodies or high runoff.
Parl<irw dock and access to hni7_dirnfi am ahove 100 Year
f l.00d elevation as shown on si.tr elan,
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(X) 3. Utilities, including gas, electrictity, fuel, water, and
sewage disposal, shall be located and constructed so as to
protect against breaking, leaking, shortcircui_ting, grounding
or igniting or any other damage due to flooding. (Provide
details)
Utilities riot within flood zone.
(X) 4. The cumulative effect of the proposed development or use, when
combined with all other existing and anticipated development
and uses will not obstruct or divert flood flow; substantially
reduce natural flood-water storage capacity in the local
drainage area; destroy valuable habitat for wildlife including
fisheries or shellfisheries; adversely affect groundwater
resources or increase storm water run-off velocity so that
water levels on other land are substantially raised or the
danger from flooding increased.
Str)cture. is to be built UnOu concrete piers and thus
will comply with the above, condi tion _ All proposed
construction is landward of the mean high water mark_
B. Wetlands District:
( ) 1. The proposed development or use shall not include the storage
of salt, chemicals, petroleum products or other contaminating
substances or discharge of any polluting liquids or materials
into streams, brooks or wetlands. (The polluting effects of
substances on the Wetlands are to be gauged by the "Rules and
Regulations for the Establishment of Minimum Water Quality
Standards and for the Protection of the Quality and Value of
Water Resources" of the Commonwealth of. Massachusetts. )
I
I
i
_4_
( ) 2. The floor level of areas to be occupied by human beings as
living or work space shall be four (4) feet or more above
the seasonal high water table.
( ) 3. If the basement floor level is below the seasonal high water
table and affords the poss-ibility of human occupancy at some
future date, although not originally intended, adequate
perimeter drainage and foundation shall be installed to with-
stand the effect of pressure and seepage. Furnace and utilities
are to be protected from the effects of leaching. (Provide details)
Applies ( ) Does not Apply ( )
( ) 4. If the lot is to be served by an on lot septic system, the
leaching area designed for use, as well as a reserved area
for future expansion or total future use, shall be plotted with
dimensions on the site plan, and the leaching areas shall not
be constructed where the seasonal high water table is less
than 4 feet below the bottom of the leaching areas.
Applies ( ) See site plan
Does not apply ( )
C. Flood Hazard District (all. zones) :
( ) 1. The floor of the basement, or it none, the lowest floor of
new construction or substantial improvement of structures for
residential uses shall be at or above the 100 year flood level.
T;leva.ti.on 1P, :East above mean Tnw water (2 . 5'7 feet
above 100 year flood 7evna )
( ) 2. The floor of the basement, or if none, the lowest floor of
new construction or substantial improvement of structures for non-
residential uses shall be at or above the. 100 year flood level
or the structures shall be flood-proofed to that level in
compliance with the applicable requirements of the Massachusetts
State Building Code. Flood-proofing measures shall insure
that the structure is watertight and that structural components
have the capability of resisting hydrostatic and hydrodynamic
loads and the effects of bouyancy.
D. Flood Hazard District Coastal High Hazard Area (Zone V3) :
( ) 1. New structures or substantial improvements shall be located
landward of the reach of Mean High Tide.
Yes
2. New structures or substantial improvements shall be elevated
on adequately anchored pilings or columns, and securely
anchored to such pilings or columns so that the lowest
portion of the structural members of the lowest floor (ex-
cluding the pilings or columns) is elevated to or above the 100
year flood level. Space below the lowest floor shall be free
of fixed obstruction. (Provide details)
Yes - see site p)_an
( ) 3. The support of new structures or substantial improvements shall
not be, in whole or in part, by the use of fill. (Provide details)
Footings to be on virgin soil - see site plan
IV. Procedure
The Planning Board shall, within 7 days after the filing of this
application, transmit one copy of said application, plans and all other
submitted information to the inspector of Buildings, City Engineer, Board
of Health and Conservation Commission who may, at their discretion,
investigate the application and report in writing their recommendation
to the Planning Board. The Planning Board shall not take final action
on such application until it has received a report thereon from the
Inspector of Buildings, City Engineer, Board of Health and Conservation
Commission or until thirty-five (35) days have elapsed after dis-
tribution of such application without a submission of a report. The
Planning Board Shall hold a Public Hearing on said application as soon
as possible after receiving the above reports, in accordance with
Chapter 40A of the Massachusetts General Laws. The Planning Board
shall notify the applicant in writing of its decision on the special
permit. The decision shall document the proposed development or use
and the grounds for granting or refusing the special permit. The
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' Planning Board may, as a condition of approval, require that the appli-
cant give effective notice to prospective purchasers, by signs or
by recording the special permit at the Registry of Deeds, of the wet--
land
et-land or flood hazard conditions associated with said premises and the
steps undertaken by the petitioner or his successor in title to
alleviate the effects of same.
Signed ujyy "
Title C1W_t_e�
Date
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rC Executed as a,sealed instrument this $— day of July 19 81 .
u Philip S. Webster
v
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elle (90mmonhtealt4 of 'Ittssttchusetts
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1981
Jul �—
Essex ss. Y
.Then personally appeared the above named Philip S. Webster
and acknowledged the foregoing instrument to be his freeas and deed, 1�_ `
Before me, K-a- ^-�
Robert I. Kalis Normy Public
s6xdcac�dit
My commission expires 12/3 19 8
mmow
\ON Cp,���,
C Conservation Commission
N Salem, Massachusetts 01970
Telephone (617) 745-5056
yASSPC�
CITY OF SALEM
CONSERVATION COMMISSION
WETLANDS HEARING
A public hearing will be held by the Wetlands Protection Act
G.L. Chapter 131, Section 40, at the request of Phillip S.
Webster, 21 Weston Street,Boston, MA. The purpose of the
hearing is to explore the effects of building a single family
dwelling and parking deck on Lafayette Street, Salem, Mass.
The hearing will be held at 8 :00 PM on Thursday, May 28, 1981
on the Third Floor of One Salem Green, Salem, MA.
13 an French
Chairman
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ANTHONY D.CORTESE,Sc.D. �?i.iYrri JJo.i/oii. Jlrrr/,' f7r�Lri� ./'1.��0/rI%Iy
Commissioner
177.3194
DATE: May 14, 1981
a TOWN: Salem
FILE NUMBER ASSIGNED: 64-76
This Department is in receipt of an Application under General Laws,' Chapter 131,
Section 40.
Applicant: Philip S. Webster
21 Weston Street
Roston, MA
Owner of Land (if different)
This Project is located on:
Lafayette Street
( ) Nof ile Number has been assigned since the filing
as received is considered incomplete.
Please submit the following:
9 Notice of Intent ( )
Plans ( )
Locus Map ( )
Correct Forms ( )
William J. St. Hilaire, P.E.
Regional Environmental Engineer
cc:
Conservation Commission - *Note: Question 9 (a) & (b) in Notice of
Intent not answered?
I
1,
h0coL /� Loco James A. Liacos Izz1966)
v J Katherine Liacos cos Izzo
AQ}} } y Robert I. Kalis
ttorneys IoI neys o Low Elaine S. Feld
Daniel A. Bancroft
9 Main Street, Peabody, Massachusetts 01960
617 531-0083
LSALEAI
ECCIVL.
UL 0�6xo I
July 7 , 1981 p
i
r-
Anthony Fletcher, City Engineer
One Salem Green
Salem, MA 01970
Re : Lot 1, Lafayette Street, Salem
Owner: Philip S. Webster
Dear Mr. Fletcher :
I am enclosing the executed Deed of Easement running to the
City of Salem described in my letter of June 30 , 1981. I trust
this resolves that problem for the City.
y truly yours,
Ver
ert I. Kalis
Attorney for Philip S. Webster
spd
enc.
cc: Ms. Sue Marston
Mr. Philip S. Webster