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64-235 - 21 Parallel Street - CONSERVATION COMMISSIONFCD Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands DEP File Number: 11WW54 0M 8B -.°Certificate of Compliance #64-235 f Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information � he d When out 1. This Certificate of Compliance is issued to: III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII forms on,the Jonnwartord 2006042800208 Bk;25611 Pg;170 computer, use Name 04/28/2006 10:36:00 OTHER Pe 1/6 only the tab key to move 21 Parallel Street your cursor- Mailing Address - do not use the Salem Ma 01970 return key. Cityfrown State Zip Code m 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Leonidas PhiliPedes Name �a July 20, 1996 #64-235 Dated PEP File Number 3. The project site is located at: 21 Parallel Street Salem Street Address - Cityfrown Map 23 Lot b226 Assessors Map/Plat Number - Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: j Phillip Singleton Property Owner(if different) Essex 13140 County 347 Book Page Certificate - - 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: April 20, 2006 Date I i 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. [l 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: wpatm ehdoe•rev.7113104 - - - Page l of l 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: VVV00fin 8B — Certificate of Compliance #64-235 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: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 21 Parallel Street #64-235 Project Location DEP File Number - Has been recorded at the Registry of Deeds of: Essex 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 wPafon sb.mo•rev.7113m4 Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance #64-235 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: fors on the John Warford computer,use Name only the tab key to move 21 Parallel Street your ate- Mailing Address do not use the Salem Ma 01970 return key,. City/Town state Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Leonidas Philipedes Name "m July 20, 1995 #64-235 Dated DEP File Number 3. The project site is located at: 21 Parallel Street Salem Street Address City?own Map 23 Lot 0228 Assessors Map/Plat Number ParceVLot Number - the final Order of Condition was recorded at the Registry of Deeds for: Phillip Singleton Property Owner(if different) Essex 13140 347 County hook Page certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: April20 2006 Date 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: wpafmn 8b.eoc•rev.7113/04 Page 1 of 4 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance #64_235 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ 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: #g, #10,#12, #14 C. Authorization Issued by: Salem April 27, 2006 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Ponservation Commission and a copy sent to the applicant and a pria D Reional Office(S Attachment). Signatures: /b wpafa 8b.dw•rev.7113/04 Page 2 of 4 r/ Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance #64-235 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex 27th April 2006 On this Day �f Month Year before me, the undersigned Notary Public, personally appeared Kevin Comacchio, Kevin Carr, Michael Blier, Joe Fumari, Keith Glidden, and David Pabich, Name of Document Signer 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 Cityrrown FRANK TAORMINA Sign re o�f ary P IIG—, Notary Public Gommonweahh of Massachusetts Printed Name of Notary Public UN My Commission Expires April 27,2012 My Commission Expires(Date) I , Place notary seal and/or any stamp above signature of Notary Public wpafa 8b.cbc•rev.7/13104 Page 3 of 4 J ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance #64-235 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: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 21 Parallel Street #64-235 Project Location DEP File Number Has been recorded at the Registry of Deeds of. Essex 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 wpafo ab. a•rev.7/13104 Pegg 4 of 4 SPECIAL CONDITIONS 21 PARALLEL STREET #64-235 1 . All work shall conform to the above-referenced Notice of Intent (NOI), site plan apd 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 (NOI). 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 in the 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. Prior to commencement of construction activity, a haybale barrier shall be placed downgradient of construction to prevent siltation to the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited 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 disturbed areas have been stabilized. 6. 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. 7. During construction, no debris, fill, or excavated material shall be stockpiled within 25 feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent sediment from surface runoff entering wetlands. 8. Equipment servicing and overnight equipment storage must be conducted 25 feet from the wetland. Equipment must be maintained to prevent leakage or discharge of pollutants. 9. * No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 10. * Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is prohibited within 100 feet of the resource area. Any arrangement for snow removal shall stipulate the ban. 11 . Notice shall be given to 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 name(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. 12. * Minimal pruning and no removal of any buffer zone or wetland vegetation will occur downgradient of the staked haybale line. 13. 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. 14. * 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. J 15. No project activities will be conducted between December 1 , and March 15. Projects shutting down for the winter will, by December 1 , complete slope stabilization sufficient to prevent erosion or siltation until project activities resume in March. 16. No disturbance or removal of vegetation within 12 feet of the bordering vegetated wetland. "ongoing conditions that do not expire upon issuance of a Certificate of Compliance. jm\bd\paraJIel.spc i DPP Fik No. 310 C)IIt 10.99 54-.235 (To be ptowided by DEP) Form 5 Gt,F,�.� SALEM Appliom Leonidas Phi T + ohs commonwealth of Rassachusetts AMENDED Order of conditions Massachusitts Wetlands Protection Act G.L. c. 131r 540 From SATEV. rnn.eS R�t?4 nP�0ld COMMISSION issuing Authority SAME To Leonidas Phi i..p..3oc (Name of Applicant) (Name of property owner) Address 45 North Street , Salem Address, This order is issued and-delivered as follcvst ❑ by hand delivery to applicant or representative on (lots) ® by certified mail, return receipt requested on 7. 26-95 This project is located at 21 Parallel The property is recorded at the Registry of Essex Boo k 5295 Page 8 5 Certificate (if registered) N '— The Notice of Intent for this project was filed on May 9 , 1995 (date) The public hearing was closed on July 20 1995 (date) Findings TM COMMISSION has reviewed the Me"e•referencad Notice of Intent and paw and has held-. public hearing'on•the proHor. sssedlan' 'l^ferwtionavailable t -1.11000MMTSCTn this ties, the COMMTSSTnV has determined-that the area-drtVwhRh'the Prop0aaar eaa. •.at fors* significant to the following interests in accordance with the P"s"Miens of Sfsnifiennee set fortltln the regulations for each Area Subject to Protection Under the Act (cheek as appropriate): Public water supply Flood Control Land containing shellfish Private water supply Store der" prevention Fisheries Grand Meter aneplY Prevention of pollution Protection of Wildlife Habitat Total Filing Fse Submitted 250 . 00 State Share 112 . 50 (1/2 fen in excess of $25) City/Town share 137 SO Total Refuel Due S 250 . 00 City/Town Portion S 137 . 50 State Portions i i o 69 (1/2 total) (1/2 torsi) Effective 11/10/89 5-1 Therefore, the Commis=ion hereby finds that the following conditions are Therneceefore, th in accoreance with the Performance standards set forth:in the regulations, to protect those interests checked above. The r — orders ng with thee with as Ons and hNotiee ofrintentlrefe performed in renced above.acTo thecextent that theher proposals conditions modify or differ from the plans, specifications or other proposals Intent, the conditions shall control. submitted with the Notice of _ General Conditions 1. Failure to comply with all conditions stated her in,dee a deause towith lrevoke related statutes and other regulatory measures I or modify this order. 2. Ths '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. ` relisve the pezmittse or any other person of the -. 3. This order does not necessity of eomplyi Pith all othsr app a on: statutes, o able federal, orate z rdinaneu, -laws or regale 6. The work authorized heieunder shall bs completed within three years from the date of this order unless either of efollowing s provided foris (a) the work is a maintenance dredging project ' Act, or (b) the time forsomPlbrs, ut le sethannfiveeyearato specified from the date of issuance than three ye and both that datnare set hpporth in circumstances bisto der warranting t r extended time period 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 33 days prior to the expiration date of the Order- ion Any fill used in connection with this project shell be ling an butfnot,limited containing no trash, refuge, rubbish paper, cardboa debris, includ rd9 pipe, tires, to lumber, bricks, plaster, of the foregoing. ashes. refrigerators, motor vehicles or parts of any sal periods from 7. No work shall be undertaken until all adminaitrhaassi bee n filed, unt'a's'Ll•, ^ this order have elapsed or, if ssuchaan ve been completed. proceedings before the Dspbrtms nt as been 8. No work shall b ofnDesdskor theiLand court Final fordthehdistrictrin which in the Registry the land is laoih�eease1ofin the recordedblaadf thelFinaltorder fshall also property' under the name of the owner be noted in the Registry'• Grantor Index wad erth done. In the case of the land upon which the proposed work is to, bestored land, the Final order shall also be noted on the Lan of regi proposed workciaeto ba of idona tls f The owner gtinformatin shall cbe he submitted to theCommia=on the form at the end of this order prior to commencement of the work. A sign shall be displayed at the site not leis than 9. ordaWo square feet or more than three scuare feet in size bearing -Massachusetts Department of Environmental Protection, File Number ti a 5 is reque 10• where t.daterminhe ationan deco issuef Envonmental ars perseding order,nthe conservation sted to make a commission shall be a party to all agency proceedings and hearings before the Department- 5-2 issued by the Department of Environmental Protection signature day of 19 on this ` to me known to be before me personally appeared the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and dead. Notary Public NY commission expires The applicant, the Drew, any person agsrinwea.by the superam"ne Order, any owner of land abuttlatibl'1� :; GrG- upon Mich the proposed work is te,be done, or any tan Peroanwa Pua'awnto co G.L.C. C.30i fi10A, idimi hams . ratified of their right tora¢wat>an'adhd(utaY hearth Dw�t to G.L. c.30A, i10. prwidhrlMah request is me" by certified nil "a hand delivery to the Dapartaant, with the appropriate fi Nnptthised -- Fee Tre waittat Fors as provided in 310 CNR MOW), within the days from the date of issuanea of-this Superseding Order. end is addressed to: Docket Clark, Off fee of Gorarol Ceueel, Department of Enwiraromtwal' Protection, One winter Street, Boston, NA 02108. A Copy of the request chat, at the sow time i_rs PiYY:- certified nil or hard delivery to the Corae'vetion Commission, the applicant, and arty other portent.."-'' A Notice of Claim for an Ad)udicatory learingi shalln the comply with ng information:themep Department's Rules for AdludieatsrY Proceedings, 310 Clm 1.01(6). and (a) the DIP wstimds File muber,now of the tiptiroons w applicant mber oftmanidParty addss of the pr request, end, if represented (b) the complete nerve, address b; Cousel. the nose and address of the attorney; (r) the names and addresses of ail other the factes, if whiknoch a; for t.hr, yrxedingb (2) the (a) • slur end eorwciu statement of <1) the fasts wwiwithifiure lly the ewr+mr in which it is alla:.:. :+ be pbiestian to this Supermding Order, including spec not contribute to the incorsiatent with the Department s wetlands Regulations (310 CNR 10.00) end does protection of the interests Identified in the Act, and (3) the relief sought through the adludicatory Mering, including specifically the changes desired in the Superseding Order; (p ■ ststammnt that a copy of the request has been sentto tame applicant, the Conservation eomeiasi'an and each other party or representative of such pe t y. rtment of the Notice of failure to submit ell necessary information may result in a dismissal by the Dour Claim for on Ad{udiestory Nearing. irior to ccmrncemmnosd work-• Detsdt on dotted tine smd submit to the .......................................................................... Issuing Authority. To ptaaas be mdvimed that the Order of Condition for the ,reject at arld File Ikabar has been recorded at the Registry of has (wen noted in the chain of title of the affected preper%Y In accordance with General Condition a an 19 If recorded lard. the instrument number which identifies this trmnsactfon is If registered land, the document number which identifies this'traneection is Applicant signature 5-411 zseued By SA EM conservation cc esion signaturelsAl _ J This order must be signed by a majority of the conservation commission. July 19 9S , before me on this 20th day of the Commicam; to ma known to be the permcnall� appeared person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and dead. my commission expires Notary public The applicant, the owner, any person agrrieved by this order, up any owner of lend abutting the lard on which Me proposed work is to be done. or arty ten residents of the city or town in which such land is located, are hereby notified of their right to request the oeparteent of hand d*anesntat Protection me t, with the Order, providing the request is Cede by certified grit or hand delivery to the Department, appropriate filing fee and Fee iraramittal Form as Provided in 370 CMR 70.0317), time b ten days `err the date of issuance of this determination. A copy Of the request Mall at the Baer time be Went by certified aril or hand dstivery to the Conservation Commission and the applicant. prior to comeneaeent of work. . Detach an dotted Line arid submit to the � �e�iect--'� ................................................................. Issuing Authority To S uUMMISSION please be advised that the Order of Conditions for the project at Fite wudeer Sd_� has been recorded at the Registry of Pq qP, Jsokwaiq and has been noted in the chain of title of the affected Property in accordance with General Condition a On ,19 if recorded lard, the instrument ruder which identifies this transaction is If registered land, the docuient Mnber which identifies this transaction is Applicant Signature 5-4A 1 Plans: Title Dated Signed and Stamped by: On File with: Special Conditions (vse additional paper if necessary) (Leave Space Blankl. . . . . . . . . . . . . . . . . . . . ..... ..... 5-3B i 11. upon completion of the work described herein, the applicant shall at a Certificae of comp stating tthat gthe twork in whas lbeen ng hsatisfactorilytcompletedliance be issued 12. The work shall conform to the following plans and special conditions: . Plans: Title Dated signed and stamped by: on File with: Permit Site Ptan a - 21 in Sa em, MA, prepared by Hancock Encironmental Consultants , 235 Ne bg y gt _— Q ; gi'�A anA st rrrvd"'DY VacIav V . Talacko , PE . Dated May^4 , 1995 , rev June 28 , 1995 . special Conditions (Use additional paper if necessary) See attached Special Conditions for 464-235 (Leave space Blank) . . .. . . . . . . . . . . .. . . . . . . ... . . . . . .. . . . .... . . . . . . . . . . . .. . .. 5-3A ' l AMENDED SPECIAL CONDITIONS 0 /9/97) 21 PARALLEL STREET #64-235 1 . All work shall conform to the above-referenced Notice of Intent (NO[), 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 (NOI). 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 in the 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. Prior to commencement of construction activity, a haybale barrier shall be placed down gradient of construction to prevent siltation to the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited on the up gradient 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 disturbed areas have been stabilized. 6. 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. 7. During construction, no debris, fill, or excavated material shall be stockpiled within 25 feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent sediment from surface runoff entering wetlands. 8. Equipment servicing and overnight equipment storage must be conducted 25 feet from the wetland. Equipment must be maintained to prevent leakage or discharge of pollutants. 9. * No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 10. * Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is prohibited within 100 feet of the resource area. Any arrangement for snow removal shall stipulate the ban. 11 . Notice shall be given to 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 name(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. 12. * Minimal pruning and no removal of any buffer zone or wetland vegetation will occur down gradient of the staked haybale line. 13. 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. 14. * 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. 15. Projects shutting down for the winter will, by December 1 , complete slope stabilization sufficient to prevent erosion or siltation until project activities resume in March. 16. No disturbance or removal of vegetation within 12 feet of the bordering vegetated wetland. 17. The Jefferson Avenue temporary construction access ramp as shown on the attached revised Permit Site Plan shall be limited to the following conditions: A. Vehicular access shall be limited to an excavator (1 trip in & 1 trip out for foundation excavation, and 1 trip in & 1 trip out for foundation backfill). Ramp entrance shall be secured with fencing at all times with only exception during 4 excavator trips. Lumber, cement, or other trucks and vehicles shall NOT utilize the temporary ramp. B. No modification of temporary construction access ramp shall be permitted except those proposed on the revised Permit Site Plan including the cutting of one apple tree and one black locust tree. No cutting shall be permitted in the area between the ramp and the Jefferson Ave retaining wall. C. A Clerk of Works shall be provided and paid for by the applicant, his successors or assigns which is not to exceed a total of four hours. The City of Salem shall be notified at least 24 hours prior to the 2 arrivals and 2 departures of the excavator for scheduling of City of Salem Clerk of Works supervision. 18. The Order of Conditions including these Special Conditions shall be posted on site. *ongoing conditions that do not expire upon issuance of a Certificate of Compliance. d i bs\co nco m\occ\paral lei ti 03/09i95 01047 Inst 387 SK r310 CNR 10.99` DPBFde b14c235 Y, p� ,n, 0p (To be provided by DEP) Porno 5 9"'i1c-cm'H �® (3g/roee SALEM 2 2 IM AppNotatLeonidac Phi 1 i pQA S }7 Commonwealth sale6s'n 6`�idpa4m of Massachusetts Dept. Order of Conditions V >lassachustts Wetlands Protection Act O.L. c. 131r 540 FromSAr.F na rnrac� ay�ofi COMMISSION Issuing Authority SAME To Leonidas Ph ' 1 aces (Name of Applicant) (Name of property owner) '•� 2.45= North OSttree•t Address Sa)1sm Addreu �•- 3, _ .. 7 f, .r a xEt. This order is issued and-delivere&as follows:' s s ❑ by hand delivery to applicant or representative on (date) 9:5: „zz dateb - ® by certified mail, return receipt requested on i 1 This project is located at 21 Parallel S1 ra t The property is recorded at the Registry of Essex Book 5295 Page 85 certificate (if registered) The Notice of Intent for this project was filed on May 9 , 1995 (date) The public hearing was closed on July 20 1995 (date) Findings TM:.. COMMISSION has reviewed the show-r eferennd Notice of Intent and Plano and has Aild a pi6lie Asaeiiaf°an phi proje�t_Ca s„ed(on;theytnfennrt/on �vailabli to the Nwork''s to-be d-at this time the COMMTSGrnnt*^' Ms-determined the area'''on-wh`teh-(tha=proporaedrwork:is,to: e,etarr?li significant to the following nnterests in accordance with the Preswptianoof Significance sat forth in the regulstia for each Area Subject to Protection Under the Act (cheek as appropriate): no Public water suPplY Flood Control Land containing shellfish private "ter supply store demese prevention Fishories Ground "ter supply Prevention of pollution Protection of Wildlife Habitat 2 . 50 Total Filing Fee Submitted 2 3 0 . 0(7 State Share 112 fee in eseesa of $25) City/Town Snare 137 50 Total Refund Due f 250 . 00 City/Town Portion S 137 . 50 state Portionf•11 2 gg (1/2 total) (1/2 total) Effective 11/10/89 5-1 I BY 1�1413 PG .348 Therefore, the CommiesTon —hereby finds that the following conditions are necessary, in accordance with the Performance standards set forth.iii th6, regulations, to protect those interests chocked above. The r '36"' ....• orders that all work shall be performed in accordance with said conditioas 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. Cenral Conditions 1. Failure to comply with all conditions stated her in,doo andcause with allrrelat d - statutes and other regulatory 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 private rights. , 3. This order 'does not relieve the permittee or any other person of the �• necessity of �omplying it*h all other applicable federal, state, oteloeal: 3a� ?4•'• statutes, ordinances, -laws. WV 4. The work authorized hereunder shall be completed within three years ffrom- the date of this order unless either of the following apply: (a) the work is- a maintenance dredging.project as provided for int � ' Act; or (b) the time for completion has been extended to a specified date morev than three years, 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 fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris,c cloardg cludinbutpip notiliimsited to lumber, bricks, plaster, wire, lath, pap ashes, refrigerators, motor vehicles or parts of any of the foregoing. riods from- -7. No.work.shall be-undertake n until all admiaaitrhaeibaeaPfiledeal peuntilfall� , havesjthis iprosorder beEoreathedDepaztmentchvan have been completed.' a� Q"AVK as° 8. No work shall be undertaken until the Final order has been recozdid' 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 ofzGrantor iecorded ndex under Final the norder ofshall the owner be noted in the Registry s of the land upon which the proposed work is to. be done. In the cast. of 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 ieCommissonon e. The on theoformgatathemendnofhall be this order submitted to the__ 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 64-235 10. where the Department of Environmental Protection is requested to make a determination and to issue a t superseding order, theconservationgs before commission shall be a party agency y proceedings the Department. 5-2 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. 12. The work shall conform to the following plans and special conditions: Plans: Title Dated signed and stamped by: on File with: Permit Site Plan ar 21 in Sa-lem, MA, prepared by Hancock Encironmental Consultants 235 Newbury qt-xaot , 0192. I; guQ�a—and S� ac av V . Talacko , PE . Dated May�4 , 1995 , revised June 28 , 1995 . special Conditions (Use additional paper if necessary) See attached Special Conditions for #64-235 (Leave Space clank) . . .. . .. . . . . . . . . . . . . . . . .. . .. . . . . . . .. . . .. . .. . .. . . . .. .. .. . 5-3A t' � •� B 13140 i .17 .I11 per, Flans: Title Dated signed and stamped by: on File with: e special conditions (O'he additional paper if necessary) (Leave space Blank) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . .. ..... 5-3B Issued By SA EM cone on Co sion .os.• Si ature{a i This order must be signed by a majority of the conservation comz esion. on this 20th day of July 1g a5 , before me to me known to be the personally appeared the COmmiGcinn , person describedd in and who= axecuted.ths-foregoing instrument and acknowledged that he/she executed the same as his/her free act and dead. •>a 30 // n Notary Public My COMM esion expires - The applicant, the owner, any person agrrieved by this order, am owner of land shutting 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 Ennvironmental Protection to issue a Superseding order, providing the request is made by certified mail or hard 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 hand delivery to the Conservation Commission and the applicant. prior to commencement of work. Detach on dotted line mid suhsit to the � �sssou ........................................................... Issuing Authority To 9t1 ION Please be advised that the order of Conditions for the project at to I and File Number Ea_ a c has been recorded at the Registry of r•'c : has been noted in the chain of title of the affected property in accordance with General Condition 8 on ,19 If recorded land, the instrument ramber which identifies this transaction is if registered land, the document number which identifies this transaction is Applicant Signature 5-4A Issued by the Department of Environmental Protection Signature day of 19 r on this � before ma personally appe ared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the Basle as his/her free act and deed. Notary Public my commission expires applicant, the ;ear, any person surieved:by the p•Qreadins.Order, any owner of land ahuttls0.tM44tei rw The d cork a to,be dome, or any ten-gereens-pursuent,to G.L. 9.30A 110A,.are-MiGW which upon the th epoae t`am+adjudicatory_--_heariro pursuant to G.L. c.30A, 310, providing,010;-IT� netifido9-their right=to=regmme v request is ae& by oertifled nil or hand delivery to the Dapartsent; withttM approprfata.f141rg*fss.and,. , Fee Transmittal Fors as provided in 310 Me 10.03M. within ten days from the date of issuance of'this Superseding.Order, and is addressed to: Docket Clark, Off its of cenersl tC Counsel. Deportment Erw a protection„Qua Winter Street, Boston, NA 02106r A Copy of the reques *Y certified veil or hard delivery to the Corearvation Commission, the applicant, and any other party" �, A Proceedings,Claim for 1on Adj, and dtorycontain Nearing *halt comply with the Department's Rules for Adjudieatory sha (a) the OEp Yetlsrds File Number, run of the applicant and address of the project; (b) the Complete now, address and telephone number of the party filing the request, and, if represented by Counsel, the new and address of the attorney; (C) the names and addresses of all other parties, if known; (d) a Clear and concise statement of (1) the facts which are grounds for the er ie proceedings. h it (2) the ed to W objections to this Superseding Order, including R epee inconsistent with the Department's Yetl ands Regulations C310 CMR 10.00) end does not contribute to the protection of the interests identified in the Act, and (3) the relief sought through the adjudicotory hearing, including specifically the Charges desired in the Superseding order; (s) a statement that a Copy of the request has been sent to the applicant, the conservation eommissi'on and each other party or representative of such party., _. Failure to submit all necessary information may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Nearing. Detach an dotted tire and submit to the prior to eamnaneesant_of-werkc: .......................................................... (.suing Authority. To please be advised that the Order Of Conditions for the project at Wd File Ntmber has been recorded at the Registry of - --has been noted in the Chain of title of the affected proporty in accordance with General Condition B en 19 if recorded lend, the instrument amber which identifies this transaction is If registered land, the document number which identifies this'transection is Applicant Signature 5-48 QK 13140 PG 353 6. 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. 7. During construction, no debris, fill, or excavated material shall be stockpiled within 25 feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent sediment from surface runoff entering wetlands. 8. Equipment servicing and overnight equipment storage must be conducted 25 feet from the wetland. Equipment must be maintained to prevent leakage or discharge of pollutants. 9. * No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 10. * Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is prohibited within 100 feet of the resource area. Any arrangement for snow removal shall stipulate the ban. 11 . Notice shall be given to 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 name(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. 12. * Minimal pruning and no removal of any buffer zone or wetland vegetation will occur downgradient of the staked haybale line. ' 13. 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. 14. * 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. SPECIAL CONDITIONS 21 PARALLEL STREET #64-235 1 . All work shall conform to the above-referenced Notice of Intent (NOI), 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 (NOI). 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 in the 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. Prior to commencement of construction activity, a haybale barrier shall be placed downgradient of construction to prevent siltation to the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited 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 disturbed areas have been stabilized. 13140 HOG 3515 15. No project activities will be conducted between December 1 , and March 15. Projects shutting down for the winter will, by December 1, complete slope stabilization sufficient to prevent erosion or siltation until project activities resume in March. 16. No disturbance or removal of vegetation within 12 feet of the bordering vegetated wetland. *ongoing conditions that do not expire upon issuance of a Certificate of Compliance. jm\bd\parallel.spc S4hw rw4 d i c7rd �EG61vE:D VL.,)NJQIVJ L- Z3 -I JOHN R. KEILTY, COUNSELOR AT LAW 40 LOWELL STREET TELEPHONE (508) 531-7900 PEABODY, MA 01960 FACSIMILE (508) 531-2479 December 20, 1996 Planning Department City of Salem One Salem Green Salem, MA 01970 Attn: Steve Dibble RE: DEP FILE NO. : 64-235 21 PARALLEL STREET, SALEM, MA Dear Mr. Dibble: I represent Philip Singleton, the purchaser of the above-referenced property. I would like to appear before the Conservation Commission to discuss am Amendment to the original Order of Conditions, which Amendment would enable Mr. Singleton to commence construction now. Please note that Special Condition #15 suggests that no activities can be conducted between December 1st and March 15th. Please advise as to the date of the appointment. Very truly yours, J n R. Keilty, Es ire JRK/emb JOHN R. KEILT . COUNSELOR AT LAW TELEPHONE (978) 531-7900 40 LoWELL STREET FAcsiMILe (978) 531-2479 PEABOQY, MA 01960 E-MAIL: KeiLTYLAWOAOL.eoM April 20,2006 Via Facsimile Transmission Conservation Commission City of Salem City Hall Annex 120 Washington Street Salem,MA 01970 Attn: Frank Toormina Re: 21 Parallel Sheet,Salem, Massachusetts Dear Frank: Enclosed is a copy of a letter I sent to Philip Singleton. He called me yesterday to say that he has no records left Very truly yours, J"'... ✓Z. Ir John R. Keilty, Esquire JMemb Enclosure zon bsa 'Aziia1 Mmor OttzTeMO Iva CO M 90OZ/OZ/60 FIIV R. KEI , COUNSELOR AT L-Aw TELEPHONE (978) 531-7900 40 L_owELL STREET FACSIMILE (978) S31-2479 PEAOObY, MA 01960 E-MAIL: KEILTYLAW RAOL.COM April 13, 2006 Via Facsimile Tmosmission Conservation Commission City of Salem City Hall Annex 120 Washington Street Salem,MA 01970 Attn: Frank Toormina Re: 21 Parallel Street,Salem,Massachusetts Dear Frank: I was contacted by a fellow by the name of John Warford. He owns property at 21 Parallel Street in Salem,Massachusetts. He was informed by the Conservation Commission that the original Certificate of Compliance was given to me. My file reflects that I think my client went to meeting on June 26, 1997 and that we intended to present it to the closing attorneys,Cote&Casey the very next day. I do not have a copy of the actual Certificate of Compliance,however,the properly has now changed hands three times. I am told that there is no copy of a Certificate of Compliance at the Commission. I have taken the liberty of preparing a Certificate of Compliance to be executed by the Commission. Can you call me to discuss the same. Very truly yours, John& Keilty, Esquire JMemb Enclosure ME OS3 'SZ'II3% MHOr s0zTeMs %Vd C0:TT 90OZ/OZ/60 Department of Pubtic berbireg Otte batem oreett (508) 745-9595 ext. 321 STANLEY I.BORNSTEIN,P.E. City Engineer ,gax: (508) 745-5877 Director of Public Services City of Salem June 26, 1997 Conservation Commission One Salem Green Salem, MA 01970 Attn: Chairman Fred Harney Re: 21 Parallel St. Mr. Chairman: I have visited the above referenced site and spoken to the developer regarding a small puddle in front of the property. We agreed that it was not a difficult problem to remedy and would be taken care of shortly. I also looked at the rest of the site and so no other problems that concern our department. .Thank you for your time, lw?A�L Michael Collins, Asst. City Engineer e0 CITY OF SALEM ` CONSERVATION COMMISSION March 10, 2006 Via: Certified Mail#70051820 0000 87951704 John J. Watford,Jr. 21 Parallel Street Salem, Ma 01970 RE: ENFORCEMENT ORDER—21 PARALLEL STREET, SALEM,MASSACHUSETTS Dear Mr. Watford: Enclosed you will find a Notice of Intent Application and Enforcement Order for the above referenced property. As discussed during the Match 9, 2006 public hearing of the Salem Conservation Commission, you must file a Notice of Intent with the Commission by April 13, 2006 or the Commission will begin levying fines of$200 a day until a Notice of Intent is received by the Commission. Should you have any questions regarding this matter I can be reached at (978) 745-9595 extension 311. Sincerel rank Tao a Planner/Harbor Coordinator enclosures Cc: Attorney Beth Rennard,City Solicitor Salem Conservation Commission Massachusetts Department of Environmental Protection,Northeast Regional Office 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 Fax: 978.740.0404 WWW.SALEM.COM .a Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ProvdeabyDEP A. Violation Information Important:llin When fillingaut This Enforcement Order is issued by: forms on the Salem March 10, 2006 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the John J.Warlord Jr. return key. Name of Violator 21 Parallel Street Ad m Address 1. Location of Violation: Property Owner(H different) 21 Parallel Street Street Address Salem 01970 City/rown Zip Code Map 23 Lot 0228 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Removal of significate area of buffer zone vegetation and potential removal of bordering vegetated wetlands.This activity is a direct violation of an ongoing condition per Order of Conditions DEP#64-235. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40)and its Regulations(310 CMR 10.00), because: the activity has been/is being conducted without a valid Order of Conditions. ® the activity has been/is being conducted in violation of the Order of Conditions issued to: Leonidas Philipedas July 20, 1996 Name Dated #64-235 #12 File Number Condition number(s) wparam9a.dw-rev.7114104 Pepe 1 e13 -...-..w...-�yw.rr.......«.........;+....».-+aw.«wr.,ww.e......E...o-..._,....n.-.....w..,.....-».--w.a.......w....-,..._............._ .. -. ._..,.. _ s Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ❑ Other(specify): C. Order The issuing authority hereby orders the following(check all that apply): The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before April 13 2006 Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section(a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b)shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wyefnm9a.dx•m.7I14N4 Pegg 2 of 3 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Frank Taormina, Planner/Harbor Coordinator Name (978)745-9595 extension 311 Phone Number 8am-4pm Monday-Wednesday, 8am-7pm Thursdays, 8am-12pm(noon)on Fridays . HourslDays Available Issued by: Salem Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signature S /800 0000 drZyf /My Signature of delivery person or certified mail number wpefarmga.doc•rev.7114104 Page 3 of 3 AMENDED SPECIAL CONDITIONS (9/26/96) 21 PARALLEL STREET #64-235 1 . All work shall conform to the above-referenced Notice of Intent (NO[), 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 (NOI). 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 in the 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. Prior to commencement of construction activity, a haybale barrier shall be placed down gradient of construction to prevent siltation to the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited on the up gradient 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 disturbed areas have been stabilized. 6. 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. 7. During construction, no debris, fill, or excavated material shall be stockpiled within 25 feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent sediment from surface runoff entering wetlands. 8. Equipment servicing and overnight equipment storage must be conducted 25 feet from the wetland. Equipment must be maintained to prevent leakage or discharge of pollutants. 9. * No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 10. * Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is prohibited within 100 feet of the resource area. Any arrangement for snow removal shall stipulate the ban. 11 . Notice shall be given to 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 name(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. 12. * Minimal pruning and no removal of any buffer zone or wetland vegetation will occur down gradient of the staked haybale line. 13. 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. 14. * 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. 15. No project activities will be conducted between December 1 , and March 15. Projects shutting down for the winter will, by December 1 , complete slope stabilization sufficient to prevent erosion or siltation until project activities resume in March. 16. No disturbance or removal of vegetation within 12 feet of the bordering vegetated wetland. j. 17. ADD: The Jefferson Avenue temporary construction access ramp as shown on the attached revised Permit Site Plan shall be limited to the following conditions: A. Vehicular access shall be limited to an excavator (1 trip in & 1 trip out for foundation excavation, and 1 trip in & 1 trip out for foundation backfill). Ramp entrance shall be secured with fencing at all times with only exception during 4 excavator trips. Lumber, cement, or other trucks and vehicles shall NOT utilize the temporary ramp. B. No modification of temporary construction access ramp shall be permitted except those proposed on the revised Permit Site Plan including the cutting of one apple tree and one black locust tree. No cutting shall be permitted in the area between the ramp and the Jefferson Ave retaining wall. C. A Clerk of Works shall be provided and paid for by the applicant, his successors or assigns which is not to exceed a total of four hours. The City of Salem shall be notified at least 24 hours prior to the 2 arrivals and 2 departures of the excavator for scheduling of City of Salem Clerk of Works supervision. 18. ADD: The Order of Conditions including these Special Conditions shall be posted on site. *ongoing conditions that do not expire upon issuance of a Certificate of Compliance. di bs\concom\occ\parallel r �a CITY OF SALEM ' CONSERVATION COMMISSION February 27, 2006 21 Parallel Street Salem, MA 01970 Re: Wetland Violations at 21 Parallel Street, Salem, Massachusetts Dear Mr. Walker, The Salem Conservation Commission previously issued you two violation letters, one on August 20, 2004 and another on September 23, 2004 directing you to stop all site work, remove all machinery and stockpiled debris from the buffer zone, and file a Notice of Intent (NOI) application immediately. At this present time, the Commission has still not received an NOI application, and yet, it had been brought to my attention that you continue to perform site work at the above referenced property. As you may or may not be aware, the Commission issued a Certificate of Compliance (COC) for the construction of the house and associated appurtenances on June 26, 1997. The COC stated that the work was satisfactory completed according to the approved plans and Order of Conditions PEP #64-235). However, there are several ongoing conditions (in perpetuity) that do not expire upon the issuance of a COC. I have attached a copy of the Order of Conditions, Certificate of Compliance, and approved As-Built Plans for your records. As you will see, condition #12 states `minimal pruning and no removal of any buffer Zone or wetland vegetation will occur beyond the staked bay bale line". The activities being performed on your property may violate that ongoing condition and may have impacted wetland resource areas and/or associated buffer zones. The Commission has determined that the work is clearly occurring within its jurisdiction and is requiring you to file a Notice of Intent immediately, but in order to determine whether further violations have occurred and to avoid being fined, we requested that you stop all present work and appear before the Commission at their next regularly scheduled meeting to discuss this issue at greater length. The next meeting is scheduled for March 9, 2006 at 6:00pm, in Salem City Hall Annex, 120 Washington Street, meeting room 313. Please be advised, that if you fail to attend this meeting without first notifying the Commission in writing at least 48 hours in advance, demonstrating good cause for inability to appear, the Commission will enforce fines of 5200 a day until a Notice of Intent is received by the 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM ,* Commission. Should you have any questions regarding this matter, please feel free to call me at (978) 745-9595 x3ll. t F'ank o a lanner/Co servation Agent Cc: Salem Conservation Commission Massachusetts Department of Environmental Protection,Northeast Regional Office 2 n�n 9 � JUN 11 1997 Salem (1ann Zing Dept. June 9 , 1997 Conservation Commission One Salem Green Salem, MA 01970 Atten: Mr . Stephen Dibble. Conservation Administration Dear Mr. Dibble : Regarding the new building at 21 Parallel Street, we are very concerned about the water drainage and dirt situation on the street since the construction of this building. Water does not drain from the street at all; large puddles remain in the street for days after a rain , leaving mud which, naturally, turns into dirt and clouds of dust when it does dry . We were not notified of the building of this house or we would have addressed this problem much earlier . Thank you for your attention, F a. � . 2622wl nad L aJnw a jg(DA64oga h& Professional Land Surveyors 8 Civil Engineers ESSEX SURVEY SERVICE 1958 - 1986 OSBORN PALMER 1911 - 1970 BRADFORD 8 WEED 1885 - 1972 June 25, 1997 Mr. Frederick Harney, Chairman Salem Conservation Commission City Hall One Salem Green Salem, Massachusetts 01970 RE: F 10792 21 Parallel Street Salem, MA Dear Mr. Chairman: Please find enclosed several copies of the As-Built Plan of the above referenced property. I have reviewed the Order of Conditions and accompanying Plan and deem that the project has been built in substantial compliance with the aforementioned documents. Sincerely, Christopher R. Mello P.L.S. President CRM/tlm Enclosures cc: Attorney John R. Keilty Phillip Singleton 104 LOWELL STREET PEABODY, MASS.01960 (508)531-8121 FAX:(508)531-5920 r 310 CMR 10.99 #5290 DEP File No. 6µ- a3 (To be provided by DEP) Form 3 Cityllbwn Salem Applicant Leonidas Philipedes Commonwealth Department of Defense of Massachusetts United States ojAmerica Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and Application for a Department of the Army Permit Part I: General Information 1. Location: Street Address 21 Parallel Street Lot Number Tax Map 23,Lot 228 2. Project: Type Single Family House Description Applicant proposes to construct and maintain a single family dwelling,driveway,utilities,associated grading and landscaping within buffer zone to bordering vegetated wetland. 3. Registry: County Essex South Current Book 5295 &Page 85 Certificate(if Registered Land) N/A 4. Applicant Leonidas Philipedes Tel. (508)744-9227 Address 245 North Street,Salem,MA 01970 5. Property Owner Leonidas Philipedes Tel. _(508)744-9227 Address 245 North Street,Salem,MA 01970 6. Representative Hancock Environmental Consultants Tel. (508)777-3050 Address 235 Newbury Street Danvers,MA 01923 7. a. Have the Conservation Commission and the Department's Regional Office each been sent, by certified mail or hand deliver, 2 copies of completed Notice of Intent,with supporting plans and documents? Yes Z No b. Has the fee been submitted? Yes No c. Total Filing Fee Submitted $250 d. City/Town Share of Filing Fee $137.50 State Share of Filing Fee $112.50 (sent to Cityfrown) (1/2 of fee in excess of$25,sent to DEP) e. Is a brief statement attached indicating how the applicant calculated the fee? Yes ✓/ No Effective 11/20/92 3-1 #5290 8. Have all obtainable routs,variances and approvals required by local by-law been obtained? Yes❑ No Obtained: Applied For: Not Applied For: Special Permit for Section 7-16 N/A Wetlands Flood Hazard N/A 9. Is any portion of the site suryb]'ec�t to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L. c. 130, § 105? Yes❑ No 1�1 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying Number/Letter of Exhibit Title,Date A Permit Site Plan dated May 4, 1995 B Locus Plan—USGS—Salem C 1-3 Abutter List,Notification and Affidavit of Service D Filing Fee Calculation Sheet and Statement E FEMA Flood Zone Overlay of Salem Assessors Map 11. Check those resource areas within which work is proposed: (a) 9Buffer Zone (b) Inland: ❑ Bank* ❑ Bordering Land Subject to Flooding ❑ Bordering Vegetated Wetland* ❑ Isolated Land Subject to Flooding ❑ Land Under Water Body&Waterway* (c) Coastal: ❑ 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. 3-2 #5290 12. Is the project within estimated habitat which is indicated on the most recent Estimated Habitat Map of State- Listed Rare Wetlands Wildlife(if any)published by the National Heritage and Endangered Species Program? Yes ❑ No Date printed on the Estimated Habitat Map No Map Available ❑ (if any) Salem-1993 edition If yes, have you sent a copy of the Notice of Intent to the Natural Heritage and Endangered Species Program via the U.S. Postal Service by certified or priority mail (or otherwise sent it in a manner that guarantees delivery within two days) no later than the date of the filing of this Notice of Intent with the conservation commission and the DEP regional office? Yes ❑ No ❑ If yes, please attach evidence of timely mailing or other delivery to the Natural Heritage and Endangered Species Program. Part II: Site Description Indicate which of the following information has been provided(on a plan, in narrative description or calculations) to clearly,completely and accurately describe existing site conditions. Identifying Number/Letter of Exhibit Natural Features Soils A,B Vegetation A,B Topography A,B Open water bodies(including ponds and lakes) B 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 A Boundaries of resource areas checked under Part 1,item 11 above Other Title: Man-made Features A,B Structures(such as buildings,piers,towers and headwalls) Drainage and flood control facilities at the site and immediately off the site, including A culverts and open channels(with inverts),dams and dikes Subsurface sewage disposal systems Underground utilities 3-3 #5290 AB Roadways and parking areas A Property boundaries Other Title: Part III:Work Description Indicate which of the following information has been provided(on a plan, in narrative description or calculations) to clearly, completely and accurately describe work proposed within each of the resource areas checked in Part I, item 11 above. Identifying Ntmsber/L.etter of Exhibit Planview and Cross Section of: A Structures(such as buildings,piers, towers and headwalls) Drainage and flood control facilities, including culverts and open channels(with inverts), A dams and dikes Subsurface sewage disposal systems and underground utilities Filling,dredging and excavating,indicating volume and composition of material Compensatory storage areas,where required in accordance with Part III, Section 10.57(4) of the regulations Wildlife habitat restoration or replication areas Other Title: 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: 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 I, item 11 above; 4. Estimated water quality characteristics of pre-and post-development run-off at the point of discharge. 3-4 #5290 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 resource area specified in Part II or Part III of the regulations;or (b) Why the presumptions set forth under each resource area specified in Part II or Part III of the regulations do not apply. Coastal Resource Area Type: Identifying Number/Letter Inland N/A of Exhibit LlCoastal Resource Area Type: Identifying ❑ Inland Number/Letter N/A of Exhibit 3-5 #5290 Coastal Resource Area Type: Identifying Number/Letter Inland N/A of Exhibit 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 ensure that said work does not alter an area specified in Part 1, 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 II or Part III of these regulations. Coastal Resource Area Type Bordered Identifying By 100-Feet Discretionary Zone: Number/Letter EZ Inland Bordering Vegetated Wetland of Exhibit A silt fence siltation barrier will be erected and maintained between A construction activities and the resource area throughout the project's duration and will remain in place and proper function until all exposed finish grade surfaces are adequately stabilized by vegetation. At the conclusion of construction,exposed soils shall be immediately seeded and mulched with a 2 inch layer of mulch hay, or covered with mulch until climate conditions allow for seeding. 3-6 #5290 Part V:Additional Information for a Department of the Army Permit 1. COE Application No. (to be provided by COE) 2. (Name of Waterway) 3. Names and Addresses of property owners adjoining your property: See Exhibit C-1 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. 81/2"x I I"drawings in planview and cross-section, showing the resource area and the proposed activity 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 Division of Water Pollution Control, 1 Winter Street, Boston, Massachusetts 02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program, the applicant certifies that his proposed activity complies with and will be conducted in a manner that is consistent with the approved program. 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 supporting data are true and complete,to the best of my knowledge. Signature of Applicant �— Date Ili c�/fiitl D/eK �C-Ocle �d/v/(ZaNN f67UGAt. S M Y 95 gnature 771�ntative Gptt�SUCT3�Nr3 Date "Exception to ENG Form 4345 approved by HQUSACE,6 May 1982" "This document contains a joint Department of the Army and State of Massachusetts application for a permit to obtain permission to perform activities in United States Waters. The Office of Management and Budget(OMB)has approved those questions required by the US Army Corps of Engineers. OMB Number 0702-0036 and expiration date of 30 September 1983 applies." This statement will be set in 6 point type. 3-7 FW Awl ►ISS RPOV, i WHO All PTM vr -12 ME .. Rr IV , ?m IN �g'I ® ICES (�fg 41 IPPPW- a 'v 111 EXHIBIT C-1 #5290 CERTIFIED LIST OF AKJITE tS FOR PHII.IPEDES, Map 23, Lot 228 MP Lar NAME & ADI�2FSS 23 228 The E.P. Trust 36 IAMTIOX Road Peabody, MA 01960 23 143 City of Salem City Hall Salem, MA 01970 23 144 Esther Realty Trust 284 Canal Street Salem, MA 01970 23 223 Oscar Begin 322 Jefferson Avenue Salem, MA 01970 23 224 John J. Corriveau Carol T. Corriveau 320 Jefferson Street Salem, MA 01970 23 225 Henry Michaud 318 Jefferson Avenue Salem, MA 01970 23 226 Beaupre Realty Trust Raymond F. Beaupre, Tr. 16 Vista Avenue Salem, MA 01970 23 227 Raymond Jodoin Blanche T. Jodoin 314 Jefferson Avenue Salem, MA 01970 23 229 Mark J. Lombard Judith A. Lombard 26 Parallel Street Salem, MA 01970 23 230 Steve W. Coddens Cara E. Coddens 24 Parallel Street Salem, MA 01970 #5290 PAGE 2 23 231 Antonio DeCamnargo Beatriz N. DeCamargo 22 Parallel Street Salem, MA 01970 23 232 Darlene Marie Raymond Peter Robert Raymond 300 Jefferson Avenue Salem, MA 01970 23 233 Joseph A. Rheaume Lorraine R. Rheaummme 298 Jefferson Avenue Salem, MA 01970 23 235 Massachusetts Bay Transit Authority 985 Western Avenue Lynn, MA 01905 23 236 Salem Conservation Commission City Hall Salem, MA 01970 Abutters list certified by Peter M. Caron, Chief Assessor, on April 7, 1995. #5290 Exhibit C-2 Notification to Abutters Under the Massachusetts Wetlands Protection Act In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following. A The name of the applicant is Leonidas Philipedes B. The applicant has filed a Notice of Intent with the Conservation Commission for the Municipality Salem seeking to remove, fill,dredge or alter an Area Subject to Protection Under the Wetlands Protection Act(General Laws Chapter 131, Section 40). C. The Address of the Lot where the activity is proposed is 21 Parallel Street Tax Map 23,Lot 228 D. Copies of the Notice of Intent may be examined at Hancock Environmental Consultants between the hours of 9 AM and 4 PM on the following days of the week: M—F For more information,call: 508 777-3050 Check one:This is the applicant representative G2, or other 0(specify): E. Copies of the Notice of Inte,nt�nay be obtained from either(check one)the applicant ❑,or the applicant's representative LI,by calling this telephone number 508-777-3050 between the hours of 9 AM and 4 PM on the following days of the week: M—F F. Information regarding the date,time,and place of the public hearing may be obtained from: Salem Conservation Commission by calling this telephone number (508)745-9595 between the hours of 9AM and 4PM on the following days of the week: M-F it Check one: This is the applicant ❑,representative or other (specify): Salem Conservation Commission NOTE: Notice of the public hearing,including its date,time and place,will be published at least five (5)days in advance in the Salem Evening News (name of newspaper) NOTE:Notice of the public hearing, including its date,time and place, will be posted in the City or Town Hall not less than forty-eight(48)hours in advance. NOTE: You also may contact your local Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP.call: Central Region: 508-792-7650 Northeast Region: 617-932-7600 Southeast Region: 508-946-2800 Western Region: 413-784-1100 #5290 Exhibit C-3 Affidavit of Service Under the Massachusetts Wetlands Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, P. Hunt Durey hereby certify under the pains and penalties of perjury that on May 9, 1995 I gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act by Leonidas Philipedes with the Salem Conservation Commission on May 9, 1995 for property located at 21 Parallel Street, Tax Map 23, Lot 228 The form of the notification, and a list of the abutters to whom it was given and their addresses, are attached to this Affidavit of Service. Name O Date #5290 Exhibit D Wetlands Filing Fee Calculation Worksheet For Notices of Intent Filed under the Massachusetts Wetlands Protection Act (G.L. Ch. 131, Sec. 40)" Category 1 $55 Per Activity $ # b. Construction of Each Building within Commercial, a. Existing House/Residemial Lot (addition, deck, garage, Industrial, Institutional, or Apartment/Condo/Townhouse Development(including: site preparation, retention/deten- pool,shed or driveway) lion basins, septic sy3 ens, Parking Iit s, utilities, point source discharges,package sewage treatment plants, road. b. Site Preparation (each Single Family House (SFH) lot; ways/driveways-except under 10.53(3e) if under single removal of vegetation, excavation grading where house NOI) construction is not proposed under same NOI) c. Each Roadway/Driveway Crossing(if not reviewable under c. Control of Nuisance Vegetation(removal,herbicides, etc.; 10.53(3e)or associated with SFH) per lot under 10.53(4)) d Hazardous Waste Cleanup(except as in Cat.4) d. Resource Area Improvement (ender 10.53(4); other than TOTAL CATEGORY 3 ACT WMS removal of aquatic nuisance vegetation) e. Septic System (or any part thereof, construcUm, replace- Category 4 $725 Per Activity ment,upgrade) f. Monitoring Wells(installation activities except access road a. Each Roadway/Driveway Crossing (under 10.53(3e) associated with commercial, industrial, institutional development or residential subdivision construction) g New Agricultural or Aquawhural Projects b. Flood Control Structures(construction,repair,maintenance) TOTAL CATEGORY 1 ACTIVITIES c. Landfills(public&private);creation,maintenance,operation) Category 2 $250 Per Activity d. Sand and Gravel Operations (creation, maintenance, a. Construction of Each New SFH(including site preparation, operation) retention/detention basins,utilities,septic systems,roadway/ driveway except under 10.53(3c);under single N01) $250 (1) e. Railroad Lines(new or extensions of existing) b. Parking Lot(any size) f. Bridges (construction, reconstruction, expansion, c. Beach Nourishrnent(placement of sand) maintenance;except for a SFH Lot) g Alteration of Resource Area to Divert Water(associated with d. Coastal Activities (pursuant to 10.24(7ac) (including hazardous waste clean electric generating facilities,public haiiities,limited sprojec up, non-exempt mosquito control e.g: repair/ maintenance of existing Piers, builoedd ngs, schedule other purpose not identified elsewhere in this culverts)) c. Limited Project Activities(in 10.53(d and f-i);per footprint) h. Dredging Activities in Water Bodies(except associated with OOtPnn) new dock,pier or other structure) f Each Driveway Crossing(associated with a SFH pursuant to i. Package Sewage Treatment Plant (construction; discharge 10.53(3e)) from) g Any Point Source Discharge TOTAL CATEGORY 4 ACTIVITIES h. Control of Nuisance Vegetation(under 10.53(4);except on a SFH Lot) Category 5 $2flinear ft. ($50min.,$1000max) i. Raising or Lowering Surface Water Levels a. Dodos, Piers, Revetments, Dikes or Other Engineering Structures (construction, reconstruction, repair, or j. Any Other Activity not described in Cat.1,3,4 and 5 replacement;coastal or inland;including placement of rip-rap or other material) TOTAL CATEGORY 2 ACTFVITIES $250 TOTAL CATEGORY 5 ACTIVITIES Category 3 $525 Per Activity TOTAL FILING FEE $250 a. Site Preparation for Development (except SFH; including removal of vegetation, excavation & grading when actual person Calculating Fee Schedule P.Hunt Dure construction not proposed under same NOI) g y Address 235 Newbury Street,Danvers,MA 01923 Telephone 508 777-3050 Signature 'b. fl,,,, Date ` �Categories as in 310 CNIR 10.03(7)(c);Fees as in 801 CUR 4.02 � #5260 Exhibit D Filing Fee Statement The applicant proposes to construct a single family house, driveway, utilities, and associated grading within buffer zone to bordering vegetated wetland. This project falls under Category 2a of the MACC Fee Calculation Sheet. Total fees equal $250. #5290 Exhibit E FEMA Flood Zone Overlay of Salem Assessors Map Note: Flood Zone B scaled from F.I.R.M. Panel 250102 0005 B, August 5, 1985 C. 4 ' N N /- 1 °i(O I `I dCb 1 4 0q � A : '�fiy Cq ' A v •'s ! I/ pia SCALE: I"=100' Flood Zone B: Areas between limits of the 100-year flood and 500-year flood; or certain areas subject to 100-year flooding with average depths less than one (1) foot or where the contributing drainage area is less than onesquare mile; or areas protected by levees from the base flood. #5290 NOTICE OF INTENT FEE TRANSMITTAL FORM DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WETLANDS AND WATERWAYS Notice of Intent(NOD Applicant Property Owner Name Leonidas Philipedes Name Leonidas Philipedes Street 245 North Street Street 245 North Street City/Town Salem City/town Salem State MA Zip Code 01970 State MA Zip Code 01970 Phone Number (508)744-9227 Project Location: Street/I.ot Number 21 Parallel Street,Tax Map 23,Lot 228 City/Town Salem DEP File Number(if available) NOI Filing Fee Disputed Fee Total NOI Filing Fee $250 Total Disputed Fee (as determined in Notice of Insufficient Fee letter from conservation commission) State Share of Filing Fee $112.50 (1/2 of fee in excess of$25.00) City/Town Share of Filing Fee $137.50 State Share of Filing Fee (1/2 of total disputed fee) City/Town Share of Filing Fee (1/2 of total disputed fee) Instructions 1. Send this Fee Transmittal Form with a check or money order,payable to the Commonwealth of Massachusetts, to the DEP Lock Box at: Department of Environmental Protection Box 4062 Boston, MA 02211 2. Attach a coos of this form to the Notice of Intent submitted to the local Conservation Commission, 3. Attach a copy of this form and a copy of the DEP check to each of the Notice of Intent forms submitted to the DEP regional office. 12/10/89 P LEO A. PHILIPEDES 1071 ELIZABETH PHILIPEDES II 245 NORTH ST. O �S 53-179/113 SALEM, MA 01970-1604 / EI Id _l ° �50t Eastern Bank B 270 UNION STREET L"N..MA$/ CHUSMSOIWI-JW I:0 i i'30 l 7 981: 40 i 20 7 58 41I° di0 7 9 P LEO A. PHILIPEDES ems, 109 I� ELIZABETH PHILIPEDES 245 NORTH ST.p SALEM, MA 01970-1604 53-179/113 ° ova of _ �$ �37 sU Eastern Bank e M UNION SMUT LYNN.MAS CHUSETTS01N1-1M I:O1130i7981: 40 i2075841. 09 ✓ Hancock Environmental Consultants #5290 August 8, 1996 Salem Conservation Commission One Salem Green Salem, MA 01970 RE: Request for Modification to Order of Conditions DEP File#64-235, Location: 21 Parallel Street Applicant: Leonidas Philipedes Dear Commission Members: On behalf of our client, Leonidas Philipedes, we hereby request a modification to the Order of Conditions for the above referenced project. Subsequent to the issuance of the Order of Conditions for this project, the applicant's contractor has determined that construction equipment (cement and lumber trucks) can not gain access to the house site via the existing Parallel Street underpass of Jefferson Avenue because the bridge clearance is too low. Therefore, Mr. Philipedes proposes to provide temporary construction equipment access to his building site directly from Jefferson Avenue. The proposed temporary access ramp would be constructed as shown on the revised Permit Site Plan (attached). Construction of the access ramp would require removal of vegetation and minor grading within buffer zone, southeast of the proposed dwelling, adjacent to Jefferson Avenue. Protection of the wetland would be accomplished via placement of a staked haybale siltation barrier between the wetland and access ramp to prevent silt migration into the resource area. The haybale line would also serve to delineate the limit of work, preventing encroachment into the buffer zone beyond that which is necessary for temporary access ramp construction. Upon completion of dwelling construction, access via the temporary ramp from Jefferson Avenue will be terminated and the temporary fill used for the ramp will be removed. Disturbed soils within the access ramp area will be loamed, seeded and mulched with a layer of mulch hay to provide soil stabilization. Respectfully submitted, HANCOCK E NTAL CONSULTANTS C� John G. Dick, P. cc: Mass. DEP, Leonidas Philipedes, HSA File 235 Newbury Street•Route 1 North•Danvers,MA 01923•(508)777-3050•(508)352-7590•(508)283-2200•(617)662-9659•FAX(508)774-7816 Division of Hancock Survey Associates,Inc. 70EJ Q 9• SE7 C/K DETERMINED AS STREET ° AVERAGE SE7MCK OF ALL hMSES aY PARALLEL ST. /2 3/3'/REC1 _ /2x .�.• / 5 \ TP D' :•• a PROPOSED DWELLING /ox3 ti SLAB EL. 14.7 N 9x\ �7x8 22" 28 WF 05 1 - � \tip \ l• TP Y ` •• WF ED 8--' *F v7 TES, RY CONSTRUC771av ACCESS RMI� (SEE NOTE x//1 7x8,� WF aB )N 7x5ti WF#9 Ar 7x8 p WF-0/O \\ A \\ \ L Ti _ FLOW Hancock Environmental ,Consultants #5290 June 27, 1995 . Salem Conservation Commission Ms. Beth Debski One Salem Green Salem,MA 01970 RE: Leonidas Philipedes; 21 Parallel Street (DEP File#,64-235) Dear Ms.Debsln Please find submitted 9 .sets of the revised site plan for 21 Parallel- Street. The house „ location has been modified with a proposed frontage of.9"feet from the street layout (9 feet is the average setback.of all houses on Parallel Street). We reduced the garage portion of the house to 24 feet in depth. The combined house relocation and design modifications allow_for 20 feet between-the house and wetland boundary. We hereby request that the public. hearing. be .continued until July 20 to allow the Commission time to consider the plan modifications:(modifications will require a variance from the,Zoning.Board of Appeals). Please contact us if you have any questions concerning these— proposed modifications. Sincerely;,, HANCOCK E NTAL.CONSULTANTS John G, Dick, P.L. tland Scientist Enclosures cc; HSA File • . 235 Newbury Street,•Route 1 North•Danvers,MA 01923 i(508)777-3650•(508),352-7590•(508)283-2200•(617)-662-9659•FAX(508)774-7816 - - Division of Hancock Survey Associates,Inc. -