64-99 - 9 Locust Street - CONSERVATION COMMISSION - 6</ 99 9 Cocvsf 76.
i
CITY OF SALEM
CONSERVATION COMMISSION
March 22, 2017
Attorney Scott Grover
Tinti, Quinn, Grover& Frey, P.C.
27 Congress St., Suite 414
Salem, MA 01970
Certificate of Compliance—DEP #64-99-9 Locust Street
Dear Attorney Grover:
Please find the enclosed certificate of compliance for the above-referenced project. This
certificate must be recorded at the South Essex County Registry of Deeds, 45 Congress
Street (Shetland Park) #4100 in Salem. Please fill out and return the Recording
Information on page 3 of the certificate, 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
Tom Devine
Conservation Agent
Enclosures
CC: DEP Northeast Regional Office
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-99
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 Scott M. Grover, Esq. c/o Tinti Quinn Grover& Frey P.C.
only the tab key Name
to move your 27 Congress Street Suite 414
cursor-do not
use the return Mailing Address
key. Salem MA 01970
City/Town State Zip Code
Q 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued
Gertrude &Frank Harris
Fi0°ra Name
12/8/1983 64-99
Dated DEP File Number
3. The project site is located at:
9 Locust Street Salem
Street Address City/town
37 10
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Same
Property Owner(if different)
South Essex 7295 493
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
3/7/2017
Date
wp8frm8b.eoc•rev.5/29114 WPA Form 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
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 sa-sg
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:
Salem _�7
Conservation Commission Date of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
http://www.mass.gov/eea/agencies/massdeo/about/contacts/).
Signatures:
1 �
wpafrm8b.00c•rev.5/29/74 WPA Form 813,Cedfiwte of Compliance•Page 2 of 3
f
ElMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance 64-99
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
wpafrmab.da •rev.5/29/14
WPA Form 98,Cerglcate of Compliance•Page 3 of 3
Form 5
��- - - (To 1"Provided by DE)
Corti morweai1h
of Ma5S'achusett3 r.ei_ rt sae k Pr_i
0rde r aid Conrliaoar12,
5.Siit';a3US�'�aS li?12.n d Pi'a!wG:3cii a-:•_.s
• i
SALEM CONSERVATTON COMM
(1�?
From _�_�--_ ----- - ------- --
(Name of Applicant) (Nac,a c property owner,
y
Address 48 Boundary Pnacl, Malden �p,ddre s
, ---- -- -- ----- —_---- --------- II
This Order is issued and delivered asfollows: f
❑ llby hand delivery to applicant or representative cn____---
❑x by certified mail,return receipt requested on Decemb_,r 19 , 1983 _—_----(dat,a)
This project is located at—5) Loc: gtr -f �:m_
The property is recorded at the Registry
Book 5134_T _—
i
I
Certificate(if registered)_---_•.v — -- -- - I
.-
The Notice of Intent for this project as filed an 'November 30__—�_ 1033
December 8, 1983
The public hearing was closed on (crate}
Findings
SALEtd CONSERVATION COMMISSION -
-the __ — _has review,:d .he abovz-referenced N ;,.;� cr ',
Intent and plans and has held a public lm.Ttng on the project.Based on the i ilm r—nat.oti avarable to ths•
at this time, the deternnined that the area on which the proposed work is to be done is significinnt to the fe!lorJing irderests n acco.C-anCe`.vi-s
the Presumptions of Significance set forth in the regulations for each Area Sebjectto Protection Urider trz
Act(check as appropriate):
❑ Public water supply },❑ Storm damage preventicn
❑ Private water supply ❑ Prevention of pollutlon-
C ❑ Grourid water supply ❑ Land contairiirg sh•eilfislZ
U Flood control ❑ Fisheries
51 \
Therefore, the Conservation COTL1749]-on ___hereby finds thattnafo!:oevingcandifionsare
i necessary, in accordance with the Performance Standards set forth in the regulations, to protect those fnter-
est;ch e eked above The---Cc,nL1:IILi oJI !a E it N/OCK heli lJ3 parTor R='(,r
in arcordr,nce with said conditions ai;d with the Notice of Intent r.!ferencedcbo.a To the extent thzt the fi,t-
Iav;ing conditiolis mo(Iify or differ from tha plans, specifications or other propose's sub rated V;ith the NJotice
of Intent, the conditions shall control.
Gr naral Conditions
1 . Failure to comply with all conditions stated herein, and with all related stalufes and other rcguteztcry meas-
ures,shall be deemed cause to revoke or modify this Order.
2. I his Order does not Chani any property rights or ny exclusive privile-,^;--5; it c!ces not auti',C rf_e 2n`f liljUr�f
to private property or invasion of private rigYs.
S. This Order does not'ieliave the pc,i'nittee, or any other p6rson of the ra essity of comply:,;g vaith all
other applicable federal, state or local statutes, ordinances, byda,,rs or,egu!;!Iions,
4. The work authorized hereunder shali be completed within three years frorn the date of thus Order unless
ei'her of the following apply:
(a) the work is a maintenance dradging project as provided for in the Am; or
(b) the time for completion has been extended to a specified dale mum e itiao thie9 years, bili fess Ut ah
five years,frorn'the date of issuance and both that dale and the:pecial circumstances war ranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more parcds 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,contanrng ro rash,r,>fuss,rubbjsh or d -
-b,ris,including blit not limited to lumbar, bricks, plaster,vire, lath,paper, cardboard,ppi:!, tires, ash=es, �.
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from tl pis Order have elapsed or, ff
such an appeal has bee-n filed, until all proceedings before, the Department have beenccri'iplei-=d_
8. 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'he chain of title of Lite affected prop :;"L. in the
case of recorded land, the Final Order shall also be noted in the Registry's Grant,r Index under'the name
of the owner of the land upon which the proposed work is to be dona. to the case of regis lered 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 to be done.The recording information shall be submitted to the (Qr,ni rte, circ__
on the form at the end of this Order prior to commencemant of the%vorl<.
9. A sign shall be displayed at the site not less than t'wo square feet or more t;tart three square fast in size.
bearing the words, "Pvlassaclnisetts Department of Environmental C,ualif, Engineering,
File Number 64-99
10. Where the Department cf Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall bee party to a!t agancy proceedings
and hearings before the Department. ,
11 . Upon cornp!etion of the work described herein,the applicant s1:a!l fort with request in v/riling that a.
Certificate.of Compliance be issued starting that the work has:)een satisfactorily completed.
12. The work shall conform to the following pans and special conditions: 1\
5-2
Plans:
We Dated Signed and Stamped by: On He wNi:
-" "Sate Plenr--Barris Residence
Sheets
Spacial Conditions (Use addiiWA paper H necessary)
1-. Work shall conform to Plans referenced above,
2. .Erosion control Procedures shall. be _implemented on the - -land ureas abutting
propir -Ly to the satisfaction of the Conservation Commissiona._d;or its aget
it prior ro
commencement of work.
3. As--built- drawings, stamped by _ Registered Professional Engineer, shall besub-
mitted to the Conservation Commission prior to -issuance of a Certificate of Coniliance.
.......-._......................_.-._.....---------`
(Leavy Space 3lank) .._..-... .
r.
s
5-3A
SAi,r31t
Issued BY __.__' - --_ Cons^Net iCf?�GiRil"115s1°I'1
Al
i h'.a.Qrder!'.tl<: . SICJR9d, pii[y of the l;pI15CiVaiiUll CO rflrM S!Dil. - -
'`
o °'" 8th
Deceinbex _1� 83
Cnttlls .,: ------' —aayof- -------- --- -- e,0 a
psrsonaliyappeared.__,_ ehe o,'=._,rec'._------- — _.tome !:ro•;vniob^the
parson described In ands who eXecWed the forE>goin J aild acrlriowledqad-ihHi hejsl e execut-d
the sarne as his/her free act and dead.
G
Notaiy Public I Ply commission
f
The nppiicanI,lha owner,any parson aggrieved by this Order,any owner of land:buttin-the t::nd!:ccn sv;r;I the Proposed work Is io
be c!ona or any ten rzsidards of the City cr to.vn uz whichsuch land is la:at_d are hereby rr:+I:I_::Ci !o rquasl'.h>DaP rtmart
of Environmental Quality[cnpinearinq to issua aSeperoeding Order,pro„iding the requeti;.^.:eceby certi:2d rn<:il er har;d deliv=ry to
tno Depar,rntmhvithin ten clays from the dale of i6.0 ljice.of -h;s Order.A copy of to c r ;t sh:Jl at the s n• me be Sent by ri:Iie,l
mail or hand delivery to the Cons=:rvation Commission and the applicant. ”
Conservation Comrn_i-ssioil -
Dclaci,on clotted lino and sr,brni!to the _ ..__-._-r ___— Prim to comnirncarnent of wr rf<.
.............................................._...................................................-........................................ _.-----.-............__...._......__....._........_.__._----- -
Au;horit.
Rease be advised that the Order of Conditions for the pro!ect art_ -.-- --._.-_-
Fl:e Number --hes been recorded at tine HegiS"y of--- --enc`
has been noted in the chain of 6!le of!ha olfected p.op�rty in accord:+nca v/ifi;General
� f
II recorded land, the instrument number which identifies this tro.nsoclion is_
II register•,d land,the docwnent n•.,rnber which identifies this transaction
icant
5-4A
Forma DEOEFHe No. �✓
(To be provided by DEQE)
_ Commonwealth Ctyrrown SALEM
of Massachusetts \ � Applicant Frank & Gertrude Harris,
RECE VI ED
Pd O V 3 0 1983
Notice of Intent
Under the SALEM PLANNING DEPT.
Mafia. usetts Wetlands Protection Act, G.L, c. 131, §40
and
Application for a Department of the Army Permit
Part I:General Information f
1. Location:Street Address 9 LocustStreet
Lot Number Lot "Z"
2. Project:Type Description
Construction of a one-familyihome
L
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3. Registry:County Essex Current Book &Page
Certificate(If Registered Land)
4. Applicant
Frank & Gertrude Harris Tel. 744-0080
Address 48 Boundary Road, Malden, MA 02148
S. Property Owner SAME AS 4. Tel.
Address
6. Representative Tel.
Address
7. Have the Conservation Commission and the DEQE Regional Office each been sent,by certified mail or
hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes ❑ No ❑
C
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8. Have all obtainable permits,variances and approvals required by local by-law been obtained?
Yes ❑ No ❑
Obtained: Applied For: Not Applied For.
Building Permit'
Water Permit
Sewer Permit
Soil Exp. Permit
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L c. 131, §40A or G.L
c. 130, §105? Yes ❑ No ❑
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number/Letter Tile, Date
Map 716 Dec. 10, 1963
2A Showing existing utilities
Zoning Map R-1
Flood Hazard March 15,1977
Site Plan with contours
Lot Survey Sketch Oct. 17, 1983
11.Check those resource areas within which work is proposed:
(a) (3 Buffer Zona
(b)Inland:
❑ Bank' Land Subject to Flooding,
❑ Bordering Vegetated Wetland' ❑ Bordering
❑ Land Under Water Body&Waterway' ❑ Isolated
(c)Coastal:
11 Land Under the Ocean' ❑ Designated Port Area'
❑ Coastal Beach' ❑ Coastal Dune
❑ Barrier Beach ❑ Coastal Bank
❑ Rocky Intertidal Shore' ❑ Salt Marsh'
❑ Land Under Salt Pond' ❑ Land Containing Shellfish*
❑ Fish Run`
'Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction.See General Instructions for
Completing Notice of Intent.
3-p
Part II:Site Description
Indicate which of the following information has been provided (on a plan,in narrative description or calcula-
tions)to clearly, completely and accurately describe existing site conditions.
Identifying
Number/Letter
(of plan,narrative
or calculations)
Natural Features:
Soils
.Vegetation
Y Topography
Open water bodies(including ponds and lakes)
Flowing water bodies(including streams and rivers)
Public and private surface water and ground water supplies on or within 100 feet of site
Maximum annual ground water elevations with dates and location of test
Boundaries of resource areas checked under Part 1,item 11 above
Other
Man-made Features:
Structures(such as buildings,piers,towers and headwalls)
Drainage and flood control facilities at the site and immediately off the site,including
culverts and open channels (with inverts),dams and dikes
Subsurface sewage disposal systems
X Underground utilities
X Roadways and parking areas
Property boundaries,easements and rights-of-way,
Other
Part III:Work Description
Indicate which of the following information has been provided(on a plan, in narrative description or calcula-
tions)to clearly,completely and accurately describe work proposed within each of the resource areas
checked in Part 1,item 11 above.
Identifying
Number/Letter
(of plan,narrative
orcalculations) ,
Planview and Cross Section of:
Structures(such as buildings,piers,towers and headwalls)
--�^ Drainage and flood control facilities,including culverts and open channels(with inverts),
dams and dikes
( Subsurface sewage disposal systems&underground utilities
-� Filling, dredging and excavating, indicating volume and composition of material
Compensatory storage areas,where required in accordance with Part ill,Section 10:57
(4)of the regulations
Other
Point Source Discharge
Description of characteristics of discharge from point source(both closed and open
channel),when point of discharge falls within resource area checked under Part I, item
11 above,as supported by standard engineering calculations, data and plans,including
but not limited to the following:
3-3
1. Delineation of the drainage area contributing to the point of discharge;
2. Pre-and post-development peak run-off from the drainage area,at the point of discharge,for at least the
10-year and 100-year frequency storm;
3. Pre-and post-development rate of infiltration contributing to the resource area checked under Part 1,item
11 above;
4. Estimated water quality characteristics of pre-and post-development runoff at the point of discharge-
Part IV:Mitigating Measures
1. Clearly,completely and accurately describe,with reference to supporting plans and calculations where.
necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each re-
source area specified in Part If or Part III of the regulations;or
(b) why the presumptions set forth under each resource area specified in Part It or Part III of the regula-
tions do not apply.
❑ Coastal Resource Area Type: -
Identifying number or letter
❑ Inland of support documents
❑ Coastal Resource Area Type: _ _ " _ Identifying number or letter
❑ Inland. of support documents
3-4
C ❑ Coastal Resource Area Type: Identifying number or letter
❑ Inland ofsupportdocuments
2. Clearly,completely and accurately describe,with reference to supporting plans and calculations where
necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to insure that said work does
not alter an area specified in Part I,Section 10.02(1)(a)of these regulations;or
(b) if work in the Buffer Zone will alter such an area,all measures and designs proposed to meet
the performance standards established for the adjacent resource area specified in Part 11 or
Part III of these regulations.
❑ Coastal) Resource Area Type Bordered By 700-Foot Discretionary Zone: Identifying number or letter
❑ Inland of support documents
M
C.
3-5
Part V:Additional Information for a Department of the Army Permit
1. COE Application No., 2. �
(to be provided by COE) (Name of waterway)
3. Names and addresses of property owners adjoining your property:
4. Document other project alternatives(i.e.,other locations and/or construction methods, particularly those.
that would eliminate the discharge of dredged or fill material into waters or wetlands).
5. 8'/2" x 11" drawings in planview and cross-section,showing the resource area and the proposed activ-
ity within the resource area. Drawings must be to scale and should be clear enough for photocopying.
Certification is required from the Division of Water Pollution Control before the Federal permit can be issued.
Certification may be obtained by contacting the Derision of Water Ponuoon Control, 1 Winter StreetBoston.
Massacnusetts 02108.
C
Where the activitywilltake place within the area under the Massachusetts approved Coastal Zone
Management Program,the applicant certifies that his proposed activity complies wish and will be conducted ,
lo a manner that is consistent with the approved programa
Information provided will be used in evaluating the application for a permit and is made a matter of public
record through issuance of a public notice. Disclosure of this information is voluntary however if necessary
information is not provided, the application cannot be processed nor can a permit be issued.
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans,documents and supp%ng data are true and complete,to the best of my knowledge.
I/13 0 AP-3
Signature of Applicant Date
Signature of Applicant's Representative Date
FORM "Exception to ENG Form 4345 approved by HQUSACE. 6 May 1982".
,PIED 100 (TEST)„
1 MAY 82 ..This document cooteins a joint Department of the Army and Slate or Massachusetts application
for a permit to obtain permission to perform activities in United States waters.The Office
of Management and Budget (OMB) hes approved those questions required by the US Army Corp, Cof Engineers. OMB Number 0702-0:136 and expiration date of 30 September 1983 eppliee'".This
statement will be art in 6 point type. -
.3-6
RECEIVED
1JCu i 21983 THE COKTOMI,'EALTH OF MASSACHUSETTS
SALEM PLANNING DEPT.DPARTMEiT OF ENVIRONMENTAL QUALITY ENGINEERING
METROPOLITAN BOSTON-NORTHEAST REGION
323 New Bostcn Street, Woburn., MA 01801
Telephone- No. 935-2160
DATE: December 7, 1983
T04tN: Salem
ASSIGNED FILE NO. 64-99
The Division of Wetlands is in receipt of an application filed under M.G.L.
Chapter 131, Section 40, the application is in the name of:
APPLICANT: Frank & Gertrude Harris
48 Boundary Road
Malden, MA 02148
05;r?ER OF LAND: Same as above
PROJ?CT LOCATION: 9 Locust Street Lot "Z"
PRO,-,FCT REVIEW
( ) The application is_inc;mplete. No rile Number will be assigned until
material choked be'_o;; is subrit'.edt3 t:,ia of ice:
( ) Notice of Intent .and Environmental Data Form
( ) Plans
( ) Locus
WATERWAYS R3VIEW
l' ) Project may require a Chapter 91 Lic 'Ise - Project has been referred to Waterways
(g) Project does not require a Cheoter S'1 License.
Issuance of a File Number indic^tes onlyv completeness of the filing submitted, not
approval of the application.
LWC/mes Very truly yours,
William J. St. Hilaire, P.E
CC Regional Environmental Engineer