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64-184 - 0 Pierce Road - CONSERVATION COMMISSION (002) j — ors a_e_ 6Z�A . �urmeat� nu No. 153L ,NASTINGS. MN LOS ANGELES-CHICAGO•LOGAN.ON MCGREGOR,TX-LOCUST GROVE.GA U.S.A. 3 k S _� 3 �{ Massagchusetts Department of Environmental Protection J Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-184 Massachusetts Wetlands Protection Act M.G.L. c._.131, §40 . . Provided by DEP A. Project Information Important: I IIIIIIIIIII IIIIIIIIIIIIIIII When filling out 1. This Certificate of Compliance is issued to: 2009052900663 Bk,28638 Pg;5 forms on the Elizabeth D. Weber for David Hark, Trustee 05/29/2009 03:10 COMPLI Ps 1/3 computer, use Name only the tab ------- --. . .. _ key to move 85 Exchange Street your cursor- Mailing Address do not use the Lynn MA 01904 return key. Cityrrown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Joyce P. Salvo Name August 8, 1990 64-184 Dated DEP File Number 3. The project site is located at: 0 Pierce Road Salem Street;Address Cityrrown Lots 316 & 317 Pierce Road Assessors Map/Plat.Number _,.. ,. Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Joyce P. Salvo: . Property Owner(if different) - Essex 13952 506 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: 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: �S SRECEIVED wpaforrn BEdoc•rev.10 19 05 J U N 0 O 2009 Page 1 of 5 DEPT.OF PLAiw" NG& DOI(iAIhIITY DEVELOPMENT a. 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 Department of Environmental Protection Northeast Regional Office.(see address information on next page). To: DEP Regional Office 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 fora 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 wpaform 8b.doc•rev.10 19_05 Page 4 of 5 �rR RECEIVE® Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands MAY 2 0 2009 DEP File Number: WPA Form 813 — Certificate of Compliance DEPT.0CP PLA'W`iNG& 4-184 Massachusetts Wetlands Protection Act M.G.L. c. 131, �LC iVLreelIT!DL=V'ELOPM':f rovide A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Elizabeth D. Weber for David Hark, Trustee computer, use Name only the tab key to move 85 Exchange Street your cursor- Mailing Address do not use the Lynn MA 01904 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: Joyce P. Salvo Name August8 1990 64-184 Dated DEP File Number 3. The project site is located at: 0 Pierce Road Salem Street Address City/Town Lots 316 & 317 Pierce Road Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Joyce P. Salvo Property Owner(if different) Essex 13952 506 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: Date B. Certification Check all that apply: 1_ ❑ 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: wpaform 8b.doc•rev.1019 05 — - Page 1 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-184 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 fling 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: wpaform 8b.doc•rev.10 19_05 Page 2 of 5 C. Authorization Issued by: Northeast Regional Office May 1,3 2009 Department of Environmental Protection Regional Office Date of Issuance This Certificate must be signed by the Section Chief or his designee and a copy sent to the applicant. Signature: Rachel Freed Section Chief C. Authorization (cont.) Notary Acknowledgement ryi, Commonwealth of Massachusetts County of On this Of May 2009 Day Month Year before me, the undersigned Notary Public, personally appeared Rachel Freed, Section Chief Name of Document Signer proved to me through satisfactory evidence of identification, which was/were eU220a[l '� vtotM Description of erode ce 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 Section Chief NERO DEP Regionlal Office Sig at r of Notary Public 6(I2u6.eYA Sdbc2aot t at Printed Name of Notary Public my commission expires FebtM 5,2010` My Commission Expires(Date) Place notary seal and/or any stamp above wpaform 8b.doc•rev.10_19_05 Page 3 0/5 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 Department of Environmental Protection Northeast Regional Office (see address information on next page). To: DEP Regional Office 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 wpaform 8b.doe•rev.10_19_05 Page 4 of 5 971& Co OI Awl&� 0 20�a�- J - A � 0 6o ��/� _1& Daniel S. Greenbaum VOi/fywl,, fa"admae s, 01(901 Commissioner yy^^ E O V EE D (617) 935-2160 August 9, 1990 Ms. Joyce P. Salvo +��e RE: WETLANDS/SALEM 25 Raymond Avenue �.__.j �- = DEP File #64-184 Salem, MA 01970 Superseding Order of Conditions Dear Ms. Salvo: The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Protection has completed its review of the above-referenced file in preparation to issuing a Superseding Order of Conditions. Pursuant to the provisions of Massachusetts General Laws, Chapter 131, Section 40, the Department is issuing the enclosed Order of Conditions allowing the project based upon: 1) information and plans submitted, 2) information gathered during the on-site inspection, 3) additional information provided to the Department, and 4) reasons the Department has deemed necessary to protect the statutory interests identified in the Wetlands Protection Act. The project site consists of an approximately 3/4 acre parcel of vacant land which abuts a salt marsh associated with the Forest River. The project site is located on the east side of Loring Avenue. The proposed project consists of the subdivision of this parcel into two buildable lots, construction of two single family dwellings, their associated grading, driveways, and utilities. The property contains a paper street (Pierce Road) which is not proposed for improvements. In 1983 a sewer extension was installed within the paper street. The result of this sewer installation activity has created a situation where salt marsh lies on one side of the paper street and a fresh water wetland lies on the other side. These Wetland Resourse Areas are connected by a ditch which was dug across the paper street. The Department's review of the file and on-site inspection confirmed that the project site contains the following Areas Subject to Protection Under the Act: 1) Bank; 2) Coastal Bank; 3) Salt Marsh; 4) Bordering Vegetated Wetlands; 5) Land Under a Waterway; and 6) Bordering Land Subject to Flooding. In accordance with the Wetlands Protection Act and its Regulations, the aforementioned Areas are presumed to be significant to the statutory interests as identified on Page 1 of the attached Order. The project as proposed will alter a Coastal Bank. Original Printed on Recycled Paper Page-2- DEP File #64-184 Upon review of the Notice of Intent, the additional information, and the on-site inspection, it is the Department's opinion that with proper mitigating measures the proposed project should be allowed. The Department finds that the project site lies within a Coastal Bank which is a vertical buffer to storm waters. The project will not have a negative impact on the stability of said Coastal Bank, or its ability to contain wave action from coastal storms. This site contains both Land Subject to Coastal Storm Flowage and Bordering Land Subject to Flooding. The Federal 100-year flood elevation for this site is at 15 . 36 feet (City of Salem Base) . This flood elevation comes from the Forest River. The applicant's representative, Joseph D. Carter, P.E. , has provided data concerning the flooding conditions associated with the fresh water wetlands on site. This data, contained in a letter dated July 19 , 1990 and site plan, provides a flood elevation of 12 . 5 feet (Salem Base) for this area prior to it's overtopping the paper street and into the salt marsh. This fresh water wetland and intermittent stream has a Bordering Land Subject to Flooding associated with it, therefore the General Performance Standards apply for this type of wetland, 310 CMR 10. 57 (4) (a) . There are no General Performance Standards for Land Subject to Coastal Storm Flooding. Since the project as proposed will not displace any flood storage within Bordering Land Subject to Flooding, at or below the 12 . 5 foot contour elevation, the project meets the General Performance Standards. However, due to the proposed activities within a Coastal Bank and within Land Subject to Coastal Storm Flowage the Department has incorporated Special Conditions as mitigative measures to ensure that the interests of Flood Control and Storm Damage Prevention will be protected. Therefore, the Department finds that this project meets the General Performance Standards as set forth in the Wetlands Protection Act Regulations, 310 CMR 10 . 30, 10. 32 , and 10. 54 thru 10. 57 . This project proposes grading and land surface alterations within a Coastal Bank, to the edge of a Bordering Vegetated Wetlands, and to the edge of Bordering Land Subject to Flooding. In addition, during construction, steep slopes will be constructed to the edges of the above referenced Wetland Resource Areas. Due to these facts the Department has conditioned the project to provide additional mitigative measures in order to protect the interests of the Act; see special conditions #14 , 15, 16, 17 , 19 & 35. The Department is of the opinion that the enclosed Superseding Order of Conditions allowing the project serves to protect the interests of the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40. Please be advised that it is the Department's responsibility to address only those interests identified in the Act. However, the Department reserves the right, should there be further proceedings in this case, to raise additional issues and present further evidence as may be appropriate. Should any party dispute these findings, please consult the language in the Order which specifies your rights and procedures for appeal . Page-3- DEP File #64-184 Should there be any questions in this matter, please contact Ms. Tracy A. Peter at (617) 935-2160. Very truly you Sabin M. Lord, Jr. Regional Engineer for Resource Protection 64-184S SML/TP/tp cc: Salem Conservation Commission, City Hall, Salem, MA 01971 .Marblehead Conservation Commission, Town Hall, Widger Road, Marblehead, MA 01945 Mr. Joseph Carter, Carter & Tower Engineering Corp. , 6 Fairview Avenue, Swampscott, MA 01907 Mr. Randall Wieting, 14 Buchanan Road, Salem, MA 01970 Ms. Judy Perry, Division of Water Pollution Control , DEP, One Winter Street, Boston, MA 02108 310 CMR 10.99 Form 5 DEP Fw No. _ •'.:'� (To 0o vcnwe Or DEP) _•� Commonwealth CiNiTown SALEM =' of Massachusetts SALVO . Aovticant SUPERSEDING Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 Department of Environmental Protection From Joyce P. Salvo Same To (Name of Applicant) (Name of property owner) Address 25 Raymond Avenue, Salem, MA Address 01970 This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) ] by certified mail,return receipt requested on August 9 , 1990 (date) Assessors Lot No's 316 &317 Pierce Road This project is located at — The property is recorded at the Registry of South Essex 9578 25 Book 9495 Page 60 Certificate(if registered) The Notice of Intent for this project was filed on November 29, 1989 (date) The public hearing was closed on March 8, 1990 (date) Findings The Department has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Department at this time,the Department has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): Pubiic water supply ® Flood control ❑ Land containing shellfish Private water supply ® Storm damage prevention Fisheries ® Groundwater supply ®' Prevention of pollution U3 Protection of wildlife habitat Total Filing Fee Submitted State Share City/Town Share (1/x fee in excess of$25) Total Refund Due S City/Town Portion $ State Portion S (1/2 total) (1/2 total) Effective 11/10/89 5.1 Therefore, the Department hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above.The Department orders that all work shall be performed in acrordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol. lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent,the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas- ures,shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, stale or local statutes,ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act;or (b) the time for completion has been extended to a specified date more than three 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 maybe 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 de- bris, including but not limited to lumber, bricks,plaster,wire, lath, paper, cardboard,pipe,tires,ashes, refrigerators,motor vehicles or parts of any of the foregoing. 7. No work shall be undertakenyntil all administrative appeal periods from this Order have elapsed or,if such an appeal has been filed,until all proceedings before the Department have been completed. 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 the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done.In the case of registered land,the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done.The recording information shalt be submitted to the Department ,on the forth at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words,'Massachusetts Department of Environmental Protection, File Number 64-184 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11.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: 5.2. Plans: Title Dated Signed and Stamped by: On File with: Special Conditions(use.additional paper It necessary) SEE CONDITION 12A ATTACHED ..................................................................................................................................................................................... (Leave Space Blank) 5.3B Page -1- DEP File #64-184 Special Conditions 12a. Plan entitled "Definitive Plan, Pierce Road, Salem, MA, " by Joseph D. Carter, P.E. of Carter & Towers Engineering Corp. , dated September 30, 1988 , revised March 5, 1990, one (1) sheet. Plan entitled "Definitive Plan, Pierce Road, Salem, MA, " by Joseph D. Carter, P.E. of Carter & Towers Engineering Corp. , dated September 30, 1988, and most recently revised on June 6 , 1990 and on July 19, 1990, one (1) sheet. Additional information letter by Joseph D. Carter of Carter & Tower Engineering Corporation, dated July 19 , 1990, two (2) pages with a plan attached. 13 . Any change (s) made in the above-described plan, unless specified otherwise in this order, which will alter an area subject to protection under the Wetlands Protection Act, or any change (s) in activity subject to regulation under M.G. L. Chapter 31, Section 40, shall require the applicant to inquire of the Department, in writing, whether the change(s) is significant enough to require the filing of a new Notice of Intent. A copy of such a request shall at the same time be sent to the Conservation Commission. Any errors in the plan or information submitted by the applicant shall be considered changes, and the above procedures shall be followed. 14 . Prior to any earth work on the site, a plan shall be submitted to the Department for approval , showing the proposed sewer extensions for each single family dwelling. A copy of this plan shall be submitted to the Conservation Commission. 15. The foundations of each of the two dwellings must be built on piles. The elevation of the ground floors shall be no less that 15. 36 feet (Salem Base) . No solid foundations will be permitted under this Superseding Order (DEP File #64-184) . The grading (as shown on the referenced site plan) proposed around the solid foundations shall be eliminated. 16 . The following Special Conditions pertain to the control of erosion and siltation: (a) Prior to any earth moving activity the applicant shall install either a double row of staked haybales or a single row of staked haybales backed by a row of siltation fence shall be placed along the limit of activity between all disturbed areas and the wetlands until said areas have been stabilized, or a determination has been made by the Department that the control measures are no longer necessary. Page -2- DEP File #64-184 Special Conditions (Condition #16 continued) (b) All final earth grading shall be permanently stabilized by the application of loam and seed or sod or as otherwise noted in the documents referenced in Condition #12a. (c) All disturbed upland areas shall be brought to final , finished grade and permanently stabilized within 30 days. Barren areas should be stabilized by temporary seeding if work on the project is interrupted by more than 60 days, unless the 60 days are in the winter. If this condition should occur, the applicant will request a determination from the Department as to whether temporary seeding should be done. Where necessary, the loam and seeding will be held in place with jute netting. (d) All disturbed sloping areas shall be brought to final , finished grade and permanently stabilized within five (5) days. Barren areas should be stabilized by temporary measures (such as mulch) daily. If it is necessary to extend the time period for final grading and/or permanent stabilization, the applicant shall request an extension to the Department in writing. A copy of this request shall also be submitted to the Conservation Commission. (e) The erosion control measures shall be viewed and approved by the Conservation Commission or the Department prior to the commencement of work. Erosion control measures shall be maintained in functional form until all adjacent disturbed areas have been stabilized. The Department or the Conservation Commission shall determine when the erosion control measures can be removed. (f) Any dewatering activities on the project in which water will be released to any resource area shall make use of a stilling pond or similar device to remove sediment before the water is released. (g) The applicant shall immediately correct any erosion or siltation problems that occur on the site. Any additional erosion and sedimentation controls found to be necessary by the Department or Conservation Commission during construction shall be implemented by the applicant or their successor. . (h) Prior to the commencement of work, the site shall contain an emergency supply of erosion control measures to be stored on site at all times. This supply shall not be less than 25 hay bales or 50 feet of siltation fence and shall be maintained at that amount until the Department has determined that the supply is no longer necessary. Page -3- DEP File #64-184 Special Conditions (i) The Bordering Vegetated Wetlands shall not be altered in such a way as to create an unnatural slope overnight or over a weekend. Disturbed areas should be graded and stabilized in the same working day as the disturbance was created. Additional hay bales shall be set, as necessary, at the end of each day to prevent soil erosion towards the wetland. 17 . The Department is not in agreement with the applicant's delineation of the Bordering Vegetated Wetland between flags #A-10C and #A-13 . The Department found the wetland to extends up to 30 feet toward the proposed driveway. Since the proposed activities will not impact this Wetland Resource Area the Department did not require the applicant to reflag the limits of this wetland. Any changes in the location, widening of and/or material of the driveway will require the applicant to follow the procedures stated in Special Condition #13 . 18 . A copy of this Order of Conditions, as well as the construction plans and approved construction schedule, shall be on site upon commencement of any site work for contractors to view and to adhere. It shall be the responsibility of the owners of the property and any successor(s) in title to inform all contractors and subcontractors of the applicable conditions of this Order. 19. Prior to any earth moving activity a "no work zone" fence shall be placed along the limit of activity between all disturbed areas and the wetlands until said areas have been permanently graded and stabilized, or the a determination has been made by the Department that the no work zone demarkation is no longer necessary. After installation, this "no work zone" fence shall be approved by the Department prior to the commencement of work. The fence shall be a minimum of four (4) feet in height. 20. No machinery shall be allowed beyond the "no work zone" . Any work required beyond this zone will be done by hand. Vehicles utilized in the clearing operation shall not traverse wetlands or the paper street. 21. All debris, fill and excavated material shall be stockpiled beyond the 100-year flood zone (as defined by the 12 . 5 foot contour elevation) , and at a location to prevent sediment from surface runoff entering the Wetland Resource Areas. At no time shall any debris or other material be buried or disposed of within that line marked on plan as vegetated wetland, other than that fill which is allowed by this Order and as shown on the above-referenced plans. Page -4- DEP File #64-184 Special Conditions 22 . Members and agents of the Conservation Commission and the Department, shall have the right to enter and inspect the premises to evaluate compliance with the conditions stated in this Superseding Order, and may require the submittal of any data deemed necessary by this Department for that evaluation. 23 . The developer or contractor responsible for the project's completion shall be notified of, and understand, the requirements of this Superseding Order. A copy of this Order shall be on-site while activities regulated by this Order are being performed. 24 . This order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. 25. No work shall commence on-site until all appeal periods have elapsed and an Order of Conditions has been recorded with the Registry of Deeds. 26. Upon completion of the project, the applicant shall submit with their request for a Certificate of Compliance, an affidavit and an "As-Built Plan" prepared by a Professional Engineer registered in the Commonwealth of Massachusetts. The affidavit shall state that the site has been developed in accordance with the requirements of this Superseding Order of Conditions and the referenced site plans. Said plan shall note any deviations from the plans referenced in. condition #12a. 27 . If any unforeseen problem occurs during construction whicH affects any of the seven statutory interests of the Wetlands Protection Act, Chapter 131, Section 40, upon discovery, the Department shall notify the applicant, and an immediate meeting shall be held between the Department, the Commission, the applicant, the engineer, contractor and other concerned parties to determine the corrective measures to be employed. The applicant shall then act to correct the problems using the corrective measures agreed upon. 28 . Equipment, material , and fuel storage and refueling operations shall be situated in an upland area at a horizontal distance greater than 100 feet from the boundary of the Salt Marsh. 29 . Construction refuse and debris shall be disposed of promptly and properly. The construction site shall be maintained in a clean condition. Under no circumstances shall refuse or debris be placed within 100 feet of any resource area. 30. There shall be no installation of underground fuel storage tanks on this project site under this Superseding Order of Conditions (DEP File #64-184) . � •f Page -5- DEP File #64-184 Special Conditions 31. Prior to any work on the site, a) The Department must receive proof that the Order of Conditions has been recorded at the Registry of Deeds, b) The applicant shall inform both the Department and the Conservation Commission in writing of the names, addresses, business and home telephone numbers of both the project supervisor, who will be responsible for ensuring on-site compliance with this Order, and his/her alternate. This list will be kept current and the Department and Conservation Commission notified of all changes. 32 . During and after work on this project, there shall be no discharge or spillage of fuel, oil or other pollutants into any part of the site. The applicant shall take all reasonable precautions to prevent the release of pollutants by ignorance, accident, or vandalism. 33 . The applicants,and owners, and their successors and assignees shall: 1) maintain all culverts, collection basins, traps, outlet structures, and other elements of the drainage system in order to avoid blockages and siltation which might cause failure of site drainage and/or detrimental impacts to on-site or off-site resource areas; b) maintain the integrity of vegetative cover on the site. This condition shall remain in perpetuity and shall not expire with the issuance of a Certificate of Compliance. 34 . This Order shall apply to all successors in interest and successor in control . 35. No vegetation or soil removal shall take place beyond the row of siltation barriers shown on the referenced site plan dated July 19 , 1990. All trees 8-inches in diameter or greater shall remain undisturbed in the area surrounding the proposed dwellings, except for those located within 10 feet of the footprints of the dwellings. Findings Pursuant to M.G. L. Chapter 30, Sections 61 to 62H Inclusive (M.E.P.A. ) This project as described in the Notice of Intent for DEP File #64-184 is "categorically exempt" pursuant to the "Implementation of the Massachusetts Environmental Policy Act" as adopted by the Secretary of Environmental Affairs. This project is "categorically exempt" as the Wetlands Thresholds established under 301 CMR 11 . 26 (7) (a) of M.G. L. Chapter 30 , Section 62 to 62H inclusive, have not been exceeded. This finding is only applicable to activities proposed for the above-referenced file number before the Department of Environmental Protection, Division of Wetlands. It does not relieve the applicant from complying with additional M.E.P.A. requirements when applying for permits from other applicable departments or agencies. Issued by the Department of Enviroprimental Proiectio, Sio_net ur a ,GILL �/` day of August 10 90 before me On this in M. tor , r. , egiona gineer personally aD aietl ID me known 10 be the DerSon or e ion described in and who executed the foregoing instrument and acknowieogeo that he!.he executed file same as his,ner a act and dee January 15, 1993 o ary Public TYacy A. Peter My commission excites The avolicant.the Owner.any person aggiiexed by the SuDersedng 010e1,any owner 01 tame aDumng the lend voon which the PIODOsed work is to be done.at any ten persons Dursuant to G.L.C.30A IIOA.are hereby nolilied of their might to reduest em adludicalory heanng purisulnl to G.C.c.30A. S 10.proindlho Ins feDusst is maUe by camped MaN w hand delmery to the Dapanmenl.wrm me aponaphate lilmg lee and Fee Transmirtal Foam as promoeo in 310 CMR 10 017).within on at"born the dale of faauamm DI this SDDOMOdttlg Order.and Is eooressed lo.Docxal clew.Office Or General bppnset.Dtroamnern of Enwmnmemlaf Proiranien.One Winter Slreet.Bruton.MA W10B. A COD,OI the r,,Ves,small ai ine Same mine be sent by Candled mad w hand deti.ery to In,rohservalipl mrnmraron,the=i,camt,and any Diner Dairy. A N01¢e of claim for an Adludlealory Hearing shall comply with the Department s Roes for Adjudiealory PrDeee0ngS,31 D CMR 1.0116).and Shall contain the Iollowrno lnformabon: tat the DEP Wellands File Number,name of the WDli;lnl and adaren of the Dialect. tbl the comolete name.adorees and tefeohone number at the Dam filing me teouest.and.11 rewesented by counsel.the mane and address of the atlDmey: ICI the names and addresses 01 all other Dailies,it known: lot a clear and concise statement at 11)the facts which are grounds for the proceeding,t2)the oblecboms 10 this Sucersewng Order. in0luong SOecill-ally the manner in which it is allepe0 to be rncon,isleml w In the De DamMent S Weliands Repulalioms 1310 CMR 10 001 Ono Does not Contribute 10 the Dtolecbon Of the imvests mIenmi,ed In the Act,and(31 the relief SDuphl Inrouch Ine solo' oicatory hearing.Including specifically the chan0es desired in Ine Superseamg Order: le) a statement 1'-,21 a coot'o1 I Ie le Coe Si has been sent to the 2DDl4ant.the comse"Itch Commission and each other Dam Ot mo. resentalmIe of such Daily.it known. Failure to submit all necessary information may result in a dismissal by the Department of the Notice OI Claim for am AdfudiCatory Nearing Detach on dolled line and submit to the Department prior to commancemern of work. ......................................................................_................_........................................_......._..._..._........_.._............................................. TO Department Or En%,i onmental Protection 'Sluing Authority Please be aaxrse0 that the Order of Conditions Iw the premect at Foe Numoer nas been recardeC a1 the Registry 0! and mas been moleO rn the chain of line of Ine affected wooem in acCwdande with General Cwldltion B On- 11 recwbed Iamt.Ine mShprmenl m"bei which•dentibts this transaClrom is it•egisjor o land. the Document number which Identifies MIS t2nsODnOrI Is ACwKamt Signature -aB Salem Conservation Commission Meeting held Thursday, March 8, 1990 Submitted by Joyce P. Salvo With the approval of the Conservation Commission, the following will be adhered to: 1 . The proposed homes and driveways will be constructed in the proxi- mate areas as indicated on the revised Definitive Plan. 2 . The main driveway shall be 16' in width as recommended by the Planning Department and shall be constructed with bituminous topping as directed by Capt. Turner of the Fire Dept. 3 . A 20' x 35' hammerhead turnaround at the end of the driveway was requested by Capt. Turner. A 30' x 35' hammerhead turnaround is indicated on the plan. 4 . Filling of gravel and stone will be used to construct and taper driveway, when necessary. 5. Shrubbery shall be planted at the 5' wide landscape area near the rear lot line. 6. That a "Private Way" sign shall be placed on Loring Avenue near the entrance to the driveway. 7 . A fabric filter fence and hay bales shall be properly installed to protect the salt marsh at areas near where activity will take place during the construction of the homes. 8 . Five foot grass strips shall be established alongside the 16' driveway on the side nearest to the proposed homes for diffusion of surface runoff. Grass may be established around homes for same purpose. 9 . Gutters shall be installed and drywells constructed to prevent excess drainage. 10. Trees and shrubbery will be planted around homes that fit into the character of the area so as to attract birds and beautify the area. A Landscape Gardener will be consulted as to the type of plant life. 11 . Driveways will be constructed so as to provide proper drainage and runoff where needed and as recommended by my engineer and under the supervision of a contractor. 12 . Any changes to the design of the curb cut or radius driveway approach will be done in a manner satisfactory to the Planning Board and the State Department of Public Works. 1C?nc. ENVIRONMENTAL SCIENTISTS•PLANNERS•ENGINEERS February 16, 1989 Mr. Steven Salvo 25 Raymond Avenue Salem, MA 01970 Re: Proposed residences (Houses) located at Pierce Road, Salem, Massachusetts, northwest shore of the Forest River estuary. Dear Mr. Salvos IEP, Inc. has conducted a natural resource inventory of the Pierce Road site. This has included investigations of the site's vegetation, soils and hydrology per the requirements of the Regulations (310 CMR 10.00) of The Wetland Protection Act (MGL c.131, s.40) and Section 404 of the federal Clean Water Act administered by the U.S. Army Corps of Engineers. This inventory included delineation of vegetated vetland resource areas per 310 CMR 10.00 and Section 404; in particular, salt marsh and freshwater plant communities were delineated. Site conditions were found to be atypical, in so much as portions of the vegetative .communities established on artificial fill soils, while other portions are on disturbed natural soils. As a result, IEP conducted a detailed plant plot analysis and wetland soil investigations. This data is summarized in Appendix A. Portions of the vegetated vetland resource areas are typical of disturbed areas adjacent to urban areas. These are not high quality undisturbed natural vegetated wetlands, but are considered lover quality atypical wetlands. This is not to say that these vegetated vetland are not significant per 310 CMR 10.03, since all vegetated wetlands in Massachusetts are significant to one or more of the eight statutory interests of the Act, especially salt marsh. Vegetated wetlands at this site occur partly in response to disturbance. The vegetated vetland boundaries were flagged in the field by IEP. These flags were surveyed by Carter and Towers Engineering Corporation and are shown on the Definitive Plan, dated September 30, 1988, scale 11-401 , sheet 1 of 2. IEP has reviewed the "Definitive Plan, Pierce Road, Salem, Massachusetts", prepared by Carter and Towers Engineering Corporation, 5 Fairview Avenue, Swampscott, MA, dated September 30, 1988, scale 1".401 , prepared for Joyce P. Salvo, consisting of 2 sheets. This plan shows that no work or fill will be conducted nor placed in any salt marsh or other vegetated wetland. The homes* will be serviced by sever and no septic systems will be constructed. Normal erosion and sediment control methods consisting of hay bales and siltation - fabric fencing will be used. Riprap is proposed on the 2 to 1 slopes of the. proposed roadway. All other disturbed areas are to be seeded to establish an erosion-controlling vegetative cover. 6 Maple Street•P.O. Box 780•Northborough•MA 01532•(508)393-8558 (617)890.2130 FAX:(508)393-8647. Steven Salvo -2- February 16, 1989 It is IEP's professional opinion, based upon the above described site conditions and on the proposed activities, as shovn on the Definitive Plan, that no adverse impacts should occur to the on-site salt marsh or fresh marsh during or after the construction of the proposed project. The project meets the Performance Standards for such activities required by 310 CHR 10.32(3) and (10.55(4). It is our understanding that the project has been revieved by the Corps of Engineers and they have issued a determination that A Section 404 permit is not required. Please call me if you have any further questions. Yours very truly, IEP, Inc. Garrett G. Hollands J Principal-In-Charge Wetland Group GGH/mmc Steven- Salvo -3- February 16, 1989 APPENDIX A Soils The soils on the Pierce Rd. site in Salem, MA vere observed utilizing a Dutch type hand auger. Several borings were performed in the area dominated by reed canary grass. Organic soils (Peaty muck) are prevalent throughout this area to a depth of 21 plus inches often interspersed vith fill up to a depth of 18 inches. Steven Salvo -4- February 16, 1989 VETLIND PLANT LIST SITE LOCATION: SALVO-1, n/side of Pierce Rd., Salem, Mass. PREVALENCE SCIENTIFIC NAME CONNON NANE INDEX* OCC Acer saccharum sugar maple FACU OCC Agropyron repens quackgrass FACU COH Aster sp. asters -- OCC Carex sp. sedge -- COM Cornus stolonifera red-osier dogwood FACW+ OCC Daucus carota Queen Anne's lace OU CD Distichlis spicata saltgrass FACU+ COM Iva frutescens high tide bush FACW+ OCC Joncus effusus soft rush FACU+ OCC Juncus gerardii black grass FACU+ SC L ty Krum salicaria purple loosestrife FACW+ OCC Oenothera biennis evening primrose FACU- OCC Phleum pratense Timothy FACU COM Phragmites australis tall reed FACV COM Puccinellia maritima seashore alkaligrass OBL OCC Rhus typhina staghorn sumac OU SC Ro—binla black locust OU COM Rosa rugosa rugose rose OU OCC Rubus occidentalis black raspberry -- OCC Salix sp. willow -- CD Spartina alterniflora tall cordgrass OBL D S ap rtina patens salt meadov cordgrass FACU+ COM Trifolium pratense red clover NA OCC Typha latifolia broad-leaved cattail OBL COM Vicia cracca cow vetch OU *INDRX . DEFINITION OBL Obligate Hydrophyte: Nearly always occurs in wetlands (greater than 99% of the time). FACU, FACV+, FACV- Facultative Vetland: Usually occurs in wetlands (66-99X of the time). PAC Facultative: Commonly occurs in both wetlands and uplands (33-66% of the time in wetlands). FACU Facultative Upland: Usually occurs in uplands, but may occasionally occur in wetlands (less than 33% of the time in vetlands). NA Not Applicable: Conflicting review of classification. Not defined to species level. * Dominance Key: (D) mDOKINANTP > 50X-representation in a plant community. (CD) =CO-DOMINANT,estimated 35-49% representation in a plant community. (C) -COMMON; estimated at 25+ % representation in a plant community. (OCC) OCCASIONAL, estimated at 10+ X representation in a plant community. (SC) =SCANT; estimated at < 5% representation in a plant community. 1� b.✓ Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of ocr ?9 Environmental Protection $W 140 William F. Weld m P��n�� Go mw Daniel S.Greenbaum p� Cw Muwer October 26, 1992 In the Matter of Docket No. 90-184 JOYCE P. SALVO File No. 64-184 Salem DECISION ON MOTION TO DISMISS This decision arises out of a permit proceeding under the Wetlands Protection Act, G.L. ch. 131, sec. 40 ("Act") . The applicant, Joyce Salvo, proposes to build two single family houses, driveways, and associated utilities on property owned by her on the Forest River in Salem. The Department issued a Superseding Order of Conditions, approving the project, on August 9, 1990. On August 22, 1990, a group of ten residents of Salem, including several abutters to the project site, filed a notice of claim for an adjudicatory hearing. On March 23 , 1992 , the applicant filed a motion to dismiss the petitioners' hearing claim.' The applicant alleges that the petitioners' hearing claim is defective, because the petitioners have failed to comply with several of the pleading requirements of 310 CMR 10.05 (7) (j) , and because they have failed to submit expert 1 The applicant did not complete service of the motion on all of the parties until August 19, 1992 . One Winter Street • Boston,Massachusetts 02108 0 FAX(617)556-1049 9 Telephone(617)292.5500 2 affidavits to support the allegations in their claim. Contrary to the applicant's assertion, I find that the petitioners' hearing claim provides all of the information required by 310 CMR 10. 05 (7) (j ) . In fact, I find their claim to be noticeably more thorough than many of the hearing claims which are routinely filed with, and accepted by, the Department. The applicant's contention that the petitioners' hearing claim is deficient because it is not supported by affidavits confuses the pleading which requests an adjudicatory hearing with the hearing itself; a petitioner is required in a notice of claim merely to assert its claims, not to prove them. The applicant's motion to dismiss accordingly is denied. M. Kathryn Secibr Administrative Law Judge SERVICE LIST Representative Party Joyce P. Salvo Applicant 25 Raymond Avenue Salem, MA 01970 Randall Wieting Petitioners 14 Buchanan Road Salem, MA 01970 Office of General Counsel Department Department of Environmental Protection 1 Winter Street Boston, MA 02108 Salem Conservation Commission One Salem Green Salem, MA 01970 %oN �o Conservation Commission Salem. Massachusetts 01970 F, �W Kevin Daly, Esq. City Solicitor 1 Church Street Salem, Ma. 01970 Dear Mr. Daly: The Conservation Commission requests your opinion regarding the legal status of Pierce Road, an undeveloped street which runs along Forest River, parallel to Buchanan Road. The Commission is in the process of considering an application by Joyce Salvo to develop the street and to construct two single family homes. Specifically, the Commission is seeking an opinion with regard to present legal ownership of Pierce Road and the City's rights and responsibilities with regard to the street's development. Also, please advise the Commission whether frontage on Pierce Road is considered legal frontage. The Commission is scheduled to consider Ms. Salvo's application on Thursday evening, January 25, 1990 and would appreciate receiving your advice prior to this meeting. Thank you for your assistance. If you need any further information, please call me at 745-9495 or Kathy Winn at 745-9595 ext. 311. Sincerely, John G. Vallis T Chairman R817 CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT -ccn.m p� WILLIAM E.LUSTER \' ONE SALEM GREEN CITY PLANNER 01970 _ (508)745-9595,EXT.311 ��; ,,,,,..r ;? FAX#(508)744-5918 �'� '"rr.nv r.oo-: TO: Mayor Neil J. Har gto c/o David Shea, C i dministrative Aide FROM: William Luster) Planner SUBJECT: DEP Supersed� Order to Joyce Salvo Attached is a copy of a Superseding Order of Conditions which DEP issued to Joyce Salvo allowing her project on Pierce Road to go forward. A request for an adjudicatory hearing to appeal the decision may be made within 10 business days of the Order ' s issuance. Parties who have standing in an appeal of a Superseding Order are : 1. the applicant 2. the owner 3 . any person aggrieved 4. any abuttor 5. any 10 residents of the city or town 6. the department The City could appeal as "any person aggrieved" (category 3 ) but Ralph Perkins of DEP has advised that an appeal signed by "any 10 residents" possibly including the Mayor may be a better approach. An adjudicatory hearing is a quasi-legal proceeding that is run at DEP offices by a hearing officer who is employed by DEP but who has no bias in the case . It now takes up to one year for a hearing to be scheduled and no work on the project can commence until the appeals process is exhausted. The deadline for the appeal period is Thursday, August 23, 1990. Since we have only one week, I will forward the necessary information to Lenny Femino to prepare a draft in Kevin Daly' s absence. R1415 s - $ CITY OF SALEM - MASSACHUSETTS KEVIN T. DALY Legal Department LEONARD F. FEMINO City Solicitor 93 Washington Street Assistant City Solicitor 508-745-0500 Salem. Massachusetts 01970 509-921-1990 March 1, 1990 RECEIVED Ms. Kathy Winn Assistant Planner MAR ® 51990 City of Salem One Salem Green Salem, MA 01970 SALEM PLARi ING DEPT. in re: Conservation Commission Opinion/Pierce Road Dear Ms. Winn: Pursuant to our telephone conversation of February 26F 1990, I returned the request for an opinion regarding the Pierce Road Development. It is my understanding that the plans before the commission have changed such that the proposed development is not over or concerning undeveloped paper streets. If you need an opinion from this office regarding this or any other matter, please feel free to request same through Attorney Daly. Very truly yours, Leonard F. Femino LFF/sbh cc.: Kevin Daly, Esq. . t 12 Loring Avenue Salem , MA -01970 September 24 , 1988 Mr . Robert Turner State Ethics Commission One Ashburton Street Boston, MA 02108 Dear Mr . Turner : Thank you for the courtesy shown my father over the telephone on September 22 , 1988 . I would like to provide you with the background of the events leading up to the present situation . Mr . Fred J .—Harney , who is a Permits Engineer for the State Department of Public Works , located in Danvers , also serves as a member of the Salem Conservation Commission . In his capacity as Permits Engineer , he reviews applications for permission to remove curbing and guardrails on Mate Highways for the purpose of allowing applicants Ito gain access to a road adjacent to proposed residential construction and he also ma..errecomrnendations to the Boston DPW office for the issuance of the permit. During the month of September , my parents , at my request , met with Mr ,- Joseph D 'Angelo , Acting District Highway Engineer . Mr . D 'Angelo was very helpful . My parents informed him that they did not want to deal with Mr . Harney because we felt that his being a member of the Sale,n Conservation Commission , he shouldn ' t have anything to do with this application . We felt it would be unethical and also a possible conflict of interest . iat the request of Mr . D 'Angelo , certain changes ':+are made by my engineer on the deign of my proposed plan . After two office visits and one at the site , my ��pllcation and design was accepted by Mr . D ' Angelo , wno in turn had it Stamped in by an employee , Ms . Mary Curtain . Please review the letter signer: cv Mr . D ' Angelo w : tn the initials FH under the signature , showing Mr . Harney to be the writer of the letter . (A call was made to DPW verify :�,,,zchip . ) Also in the last paragraph of the letter an Page 1 , reference is made of the intent of Salem State College to construct a roadway on the Opposite side of my project . He fails to mention that he was one of the Conservation Commission rnemcers that voted in opposition of expanding a parking lot at the college where the road woul -, be exiting from . r ' t i� X contacted Asp �tant Dean Richard Marr of the college on 9/22/88 and he informed rOe"Ehat there was some talk about the road months ago , but was never formalized , and that there is no current plans for the same , nor does he know what lies in the future . I ask you , how can Mr . Harney be impartial in this matter . To enlighten you as to what is transpiring : An application to construct a home by a neighbor on Pierce Road was filed by Mr . Clayton Smith and was denied approval by the Salem Conservation Commission on May 12 , 1988 , of which Mr . Harney was opposed . I , too , am in the process of filing a petition to appear before the Salem Conservation Commission in the very near future . Mr . Harney will be one of the Commission members to act upon my petition. Since Mr . Smith was denied , in all probability Mr . Harney will vote against my petition. How can he serve two masters , as• in this case , and not be in conflict of interest . I do not believe that Mr . Harney will be fair to me because of personal and political reasons . My un�le is the Mayor of Salem and at one time attempted to replace the Chairman of the Salem Conservation Commission , only to have Mr . Harney be quoted as saying in a Salem News article , April 6 , 1988 , "We ' ll be lucky if the whole board doesn ' t resign" . All this controversy in the papers , and I have never , ever , petitioned any board in Salem . Although I have nothing against Mr . Harney , personally , I sincerely believe it is not proper for him to act on a matter that is before the DPW when he knows I will be coming before the Conservation Commission . If you have any questions , I can be reached at `_ - 745-2093 . Sincerely , Joyce P . Salvo Enclosures cc : ✓Commissioner Jane F . Garvey Department ' of Public Works 10 Park Plaza , Room 3170 6oston , MA 02116 (• RECEIVED CERTIFIED MAIL - RETURN RECEIPT REQUESTED AUG Z0 1992 25 Raymond AvenueAO �L�NI � ��§��, Salem, MA 01970 August 19, 1992 Salem Conservation Commission One Salem Green Salem, MA 01970 RE: DEP File No. 64-184 DEP Docket No. 90-184 Dear Sir/Madam: Per instructions from the Docket Clerk of the MA DEP, please see the attached. Sincerely, ,Ie . /eve Joy a P. Salvo Attachment cc: Docket Clerk (via Certified Mail - Return Receipt Requested) Office of General Counsel MA Department of Environmental Protection One Winter Street Boston, MA 02108 CERTIFIED MAIL - RETURN RECEIPT REQUESTED 25 Raymond Avenue Salem, MA 01970 March 23, 1992 Docket Clerk Office of General Counsel MA Department of Environmental Protection One Winter Street Boston, MA 02108 RE: DEP File No. 64-184 DEP Docket No. 90-184 Dear Sir/Madam: On the advice of counsel, I am respectfully requesting that the appeal for an adjudicatory hearing filed with your Department by ten persons (private citizens) opposing a superseding Order of Conditions issued to me on August 8 , 1990, be dismissed for the following reasons: 1. The appellants failed to comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR 10. 05 (7) (j ) and 310 CMR 10. 99 Form 5, Page 5-4B, by not including the following information: a. The name and address of the attorney(s) that prepared the appeal and is(are) representing the 10 persons; b. The names and addresses of all other interested parties; C. (1) Failed to specifically state the reasons, other than rhetoric, in which the building of two homes is alleged to be inconsistent with the Department's Wetlands Regulations, 310 CMR 10. 00; (2) Failed to specifically state how it would not contribute to the protection of the interests identified in the Act; (3) Failed to mention the relief sought through the adjudicatory hearing, including specifically the changes desired in the Superseding Order; and (4) Failed to submit expert documented evidence by qualified engineers and environmental specialists. I fully complied with the requirements of 310 CMR 10. 00 when I submitted my Notice of Intent (NOI) with the Salem Conservation 2 Commission and submitted my appeal to the DEP for a Superseding Order; otherwise, the NOI and Appeal for a Superseding Order would not have been accepted. In addition to my initial investment, I have spent several thousand dollars for Attorney Fees, Engineers, and Biologists to meet the requirements of the Act. 2 . On March 20, 1991, I attended a group meeting along with the staff in charge of the DEP's Mediation program at the J.W. McCormack Building in Boston, Massachusetts. Following the meeting, I met with Gregory Sobel of the Mediation Service and Randall Weiting, the designated representative for the ten persons. After a brief discussion, we both agreed to mediation. I was acting in good faith. At a mediation meeting held on April 10, 1991, I met with Gregory Sobel and Salem City Solicitor Kevin Daly who indicated that he was representing the City in this matter. After a brief discussion, Mr. Daly stated that the City would not be interested in mediation. The City of Salem did not file the appeal for an adjudicatory hearing - it was a 10 person, private citizen appeal. I expect that you will find that the appeal for an adjudicatory hearing does not comply with your Department's Rules for Adjudicatory Proceedings and dismiss the appeal. If additional information is needed, I can be reached at (508) 744-2721. I look forward to your decision. Sincerely, Joyce P. Salvo r� • I �,�,.cuNrq- l CITY OF SALEM • MASSACHUSETTS KEVIN T.DALY Legal Department LEONARD F FEMINO City Solicitor 93 Washington Street Assistant City Solicitor 508-745-0500 Salem, Massachusetts 01970 508-921-1990 October 20, 1992 Office of the General Counsel Massachusetts Dept . of Environmental Protection One Winter Street, 3rd Floor Boston, MA 02108 RE : APPELLEE : Joyce P . Salvo APPELLANT: City of Salem Conservation Commission, et al . DOCKET NO. : 90-184 FILE NO. : 64-184 Dear Sir or Madam: Relative to the above-named case, please find enclosed my notice of appearance on behalf of the Salem Conservation Commission and the other appellants as listed. Also enclosed is a motion to extend time and the appellant ' s opposition to the motion to dismiss . Thank you for your attention to this matter . Very truly yours , KEVIN T. DALY CITY SOLICITOR KTD/rmj Enclosures CC : Joyce P . Salvo Marblehead Conservation Commis/onSalem Conservation Commission Randall Wieting COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS . DEPT. OF ENVIRONMENTAL PROTECTION DOCKET NO. 90-184 FILE NO. 64-184 ------------------------------- JOYCE P . SALVO, ) Appellee ) V . ) NOTICE-OF-APPEARANCE CITY OF SALEM CONSERVATION ) COMMISSION, et al . , ) Appellants ) -------------------------------- in the above-named matter, Kevin T. Daly, Esquire, Solicitor for the City of Salem hereby appears on behalf of the City of Salem, the City of Salem Conservation Commission and the ten citizens named in the appeal of the decision of the Department of Environmental Protection . City of Salem, et al . , By their attorney, ------------------------- KEVIN T. DALY, ESQUIRE CITY SOLICITOR One Church Street Salem, MA 01970 ( 508 ) 745-0300 Dated : October 20, 1992 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS . DEPT . OF ENVIRONMENTAL PROTECTION DOCKET NO. 90-184 FILE NO. 64-184 ------------------------------- ) JOYCE P . SALVO, ) Appellee ) V. ) MOTION-TO-EXTEND-TIME ------ -- ------ ---- CITY OF SALEM CONSERVATION ) COMMISSION, et al . , ) Appellants ) ------------------------------- Now come the Appellants in the above-named matter and hereby move for an extension of time within which to file opposition to the Appellee ' s motion to dismiss . In support of this motion, the Appellants state that Joyce P . Salvo filed a motion to dismiss with the Department of Environmental Protection on or about March 23 , 1992 , but did not serve copies of said motion upon the Appellants . A copy of said motion was eventually served upon one of the ten citizens named as Appellants on or about September 18, 1992 ; however, copies were not served upon Kevin T. Daly, Esquire, who appeared on behalf of all Appellants at mediation on April 10, 1991 . City of Salem, et al . , By their attorney, ------------------------- KEVIN T. DALY, ESQUIRE CITY SOLICITOR One Church Street Salem, MA 01970 ( 508 ) 745-0500 Dated : October 20, 1992 COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS . DEPT. OF ENVIRONMENTAL PROTECTION DOCKET NO. 90-164 FILE NO. 64-184 ------------------------------- JOYCE P . SALVO, ) Appellee ) _APP_ELLANTS ' __OPPOSITIO_N V . ) TO_MOTION TO DISMISS ' -- --------------- CITY OF SALEM CONSERVATION ) COMMISSION, et al . , ) Appellants ) ------------------------------- Now comes the Appellants to the Superseding Order of Conditions in the above-named matter and hereby oppose the Motion to Dismiss of Joyce P . Salvo . In support of this Opposition, the Appellants state that the superseding order is inconsistent with state regulations and does not contribute to the protection of the interest identified in the Environmental Protection Act . In further support of the opposition, the Appellants rely on paragraphs 2 through 8, with attached exhibits, of their appeal as filed. Said appeal accurately- states the reasons for which relief is sought and entitles the Appellants to an adjudicatory hearing: Appellee ' s motion to dismiss does not give sufficient reason for denying the Appellants ' right to such a hearing and should not be granted . City of Salem, et al . , By their attorney, ------------------------- KEVIN T. DALY, ESQUIRE CITY SOLICITOR One Church Street Salem, MA 01970 ( 508 ) 745-0500 Dated : October 20, 1992 CERTIFICATE OF SERVICE I, Kevin T. Daly, Attorney for the Appellants , hereby certify that on this date I have served the foregoing NOTICE OF APPEARANCE, MOTION TO EXTEND TIME and APPELLANTS ' OPPOSITION TO MOTION TO DISMISS to the Appellee Joyce P. Salvo, 25 Raymond Avenue, Salem, Masssachusetts and to the Marblehead Conservation Commission, Widger Road , Marblehead, Massachusetts by mailing copies thereof , first-class mail , postage prepaid . ------------------------- KEVIN T. DALY, ESQUIRE CITY SOLICITOR One Church Street Salem, MA 01970 Telephone No. ( 508 ) 745-0500 DATED : October 20, 1992 Commonwealth of Massachusetts Executive Office of Environmental Affairs Fc Department of Oct 29 Environmental Protection s� 199P William F. Web m Gw .m Daniel S.Greenbaum pf Comm w October 26, 1992 In the Matter of Docket No. 90-184 JOYCE P. SALVO File No. 64-184 Salem DECISION ON MOTION TO DISMISS This decision arises out of a permit proceeding under the Wetlands Protection Act, G.L. ch. 131, sec. 40 ("Act") . The applicant, Joyce Salvo, proposes to build two single family houses, driveways, and associated utilities on property owned by her on the Forest River in Salem. The Department issued a Superseding Order of Conditions, approving the project, on August 9, 1990. On August 22 , 1990, a group of ten residents of Salem, including several abutters to the project site, filed a notice of claim for an adjudicatory hearing. On March 23 , 1992 , the applicant filed a motion to dismiss the petitioners' hearing claim.' The applicant alleges that the petitioners' hearing claim is defective, because the petitioners have failed to comply with several of the pleading requirements of 310 CMR 10.05 (7) (j ) , and because they have failed to submit expert 1 The applicant did not complete service of the motion on all of the parties until August 19, 1992 . One VAnter Street 0 Boston,Massachusetts 02108 0 FAX(617)556.1049 9 Telephone(6M 292.5500 z affidavits to support the allegations in their claim. Contrary to the applicant's assertion, I find that the petitioners' hearing claim provides all of the information required by 310 CMR 10. 05 (7) (j ) . In fact, I find their claim to be noticeably more thorough than many of the hearing claims which are routinely filed with, and accepted by, the Department. The applicant's contention that the petitioners' hearing claim is deficient because it is not supported by affidavits confuses the pleading which requests an adjudicatory hearing with the hearing itself; a petitioner is required in a notice of claim merely to assert its claims, not to prove them. The applicant's motion to dismiss accordingly is denied. M. Kathryn gedbr Administrative Law Judge SERVICE LIST Representative Party a Joyce P. Salvo Applicant 25 Raymond Avenue Salem, MA 01970 Randall Wieting Petitioners 14 Buchanan Road Salem, MA 01970 Office of General Counsel Department Department of Environmental Protection 1 Winter Street Boston, MA 02108 Salem Conservation Commission One Salem Green Salem, MA 01970 1 1 s f CERTIFIED MAIL - RETURN RECEIPT REQUESTED 25 Raymond Avenue Salem, MA 01970 March 2, 1993 Kristin M. Palace, Administrative Law Judge Office of General Counsel MA Department of Environmental Protection one Winter Street Boston, MA G2108 RE: Docket No. 90-184 File No. 64-184 Dear Judge Palace: The following is in response to your letter of February 17, 1993: 1. No, this appeal has not been settled. After I received a Superseding Order of Conditions from the MA DEP, my proposed project was appealed by a 10-person, private citizen appeal. 2. Yes, my project is still being proposed. I fully intend to follow through on this project. 31 I wish to proceed to an adjudicatory hearing. It has been over two years since my project was appealed and almost four years since I filed my Notice of Intent with the Salem Conservation Commission. Please initiate an adjudicatory hearing as soon as possible so that this case can finally be resolved. If additional information is needed, please let me know. Sincerely, Joy�- OV ce P. Salvo cc: Via Certified Mail - Return Receipt Requested (1) Randall Wieting , (2) Kevin Daly m DEPARTMENT OF THE ARMY NEW ENGLAND DIVISION. CORPS OF ENGINEERS -(`- 424 TRAPELO ROAD WALTHAM. MASSACHUSETTS 02254-9149 REKY TO December 12, 1988 AMNH ON OF Regulatory Branch CENED-OD-R-28-88-3293 Ms. Joyce P. Salvo 12 Loring Avenue Salem, Massachusetts 01970 Dear Ms. Salvo: This is in response to your letter of December 1, 1988, requesting a determination as to the need for a Department of the Army permit for the proposed construction of a two residential dwellings, utilities, and a 20 ' wide roadway in Salem, Massachusetts, as shown on your plans entitled, "Definitive Plan, Pierce Road, Salem, Massachusetts" , in two sheets dated "September 30, 1988" . A Department of the Army permit is not required for this work. Our regulatory jurisdiction encompasses all work in or affecting navigable waters of the United States under Section 10 of the Rivers and Harbors Act of 1899 and the discharge of dredged or fill material into all waters of the United States, including adjacent wetlands, under Section 404 of the Clean Water Act. As shown on your plans, no fill will be placed within a wetland or waterway. Hence, no further action is required. Sincerely, /� Karen Kir Chief, Evaluation Unit Regulatory Branch Operations Division �\D1{��`, e M ti ZAN.tv t J 7 /^_"� 7.I�i ✓�� a� � ��° �i�� .► �lE +tom �� MW (i ;. .,:.>+.`--T\� _ cam„ . a � \�. • / � .►ty'..fj�� r`T ... �!1'' Sys• ' ��v �� `. c�/f �, � 'V� �� <_. R } f�-..��_y�_r,� �-.1 s:.• � . Q ,�I '�'\ ` ram` ��y. f' >' . , I -: �� •ill,,• � �� ,\ � �.�r ,R�°.ir+ri+ '�'® +►�"�• plgon Wit'° <,-• 1 ,�� _ -� + , All Mv �. •VIP s a q % .. Y • �4- 1 of DISTRICT #8 OFFICE 485 MAPLE STREET, DANVERS 01823 PERMITS - SALEM November 22, 1988 Ms. Joyce P. Salvo 12 Loring Avenue Salelm, MA. 01970 This is to advise you that the District has reviewed your revised submission of Novemer 15, 1988 requesting permission to construct a street approach. This submission has been accepted on a District level. Therefore, it shall now be necessary for you to have the plans signed by the Salem Planning Board or their Representative along with concurrence from the Conservation Commission or DEQE as per our letter of September 16, 1988. Please submit six (6) copies of these documents for processing. Very truly yours, oseph D'Angelo, P. Acting District Highway Engineer FJH/ m s CC: J D'A R H J Salem City Planner Salem Conservation Commission co SLOPE s,b v \ ` _ LINE _ - T—� zz,& I Z r� UT/L/TY - - G✓P r[D -9,T. .� uNC �--- .j n'I4uy�Ty r� _TO BORE<cb,pTEOe" l � p47 / gr/,rlb 2 yk PAVE O5/G,v "SP�ca C. w..>s• r� ENT ,P ••^ . - - gF'. / y , p�sL��.,9" tip � — Zz -- -- °--_--_ � '-•^'` O ••. ....... �.� \\ /IL'a3 i A i �` " R= 93.89�_:' L= 52.39'63 0 5'f ' �( W _ O400 9 J / �0�2=8 \ b OAI / Fo O y,% I& 9 % = 3 6 p- 12' L " PP 280 E? 320 IR .. r F a 1 C?Inc. ENVIRONMENTAL SCIENTISTS•PLANNERS•ENGINEERS February 16, 1989 Mr. Steven Salvo 25 Raymond Avenue Salem, MA 01970 Re: Proposed residences (Houses) located at Pierce Road, Salem, Massachusetts, northwest shore of the Forest River estuary. Dear Mr. Salvo: IEP, Inc. has conducted a natural resource inventory of the Pierce Road site. This has included investigations of the site's vegetation, soils and hydrology per the requirements of the Regulations (310 CMR 10.00) of The Vetland Protection Act (MGL c.131, s.40) and Section 404 of the federal Clean Water Act administered by the U.S. Army Corps of Engineers. This inventory included delineation of vegetated wetland resource areas per 310 CMR 10.00 and Section 404; in particular, salt marsh and freshwater plant communities were delineated. Site conditions were found to be atypical, in so much as portions of the vegetative .communities established on artificial fill.,soils, while other portions are on disturbed natural soils. As a result, IEP conducted a detailed plant plot analysis and wetland soil investigations. This data is summarized in Appendix A. Portions of the vegetated vetland resource areas are typical of disturbed areas adjacent to urban areas. These are not high quality undisturbed natural vegetated wetlands, but are considered lover quality atypical wetlands. This is not to say that these vegetated wetland are not significant per 310 CMR 10.03, since all vegetated wetlands in Massachusetts are significant to one or more of the eight statutory interests of the Act, especially salt marsh. Vegetated wetlands at this site occur partly in response to disturbance. The vegetated vetland boundaries were flagged in the field by IEP. These flags were surveyed by Carter and Towers Engineering Corporation and are shown on the Definitive Plan, dated September 30, 1988, scale 1'=401 , sheet 1 of 2. IEP has reviewed the "Definitive Plan, Pierce Road, Salem, Massachusetts", prepared by Carter and Towers Engineering Corporation, 5 Fairview Avenue, Swampscott, MA, dated September 30, 1988, scale 1"=401 , prepared for Joyce P. Salvo, consisting of 2 sheets. This plan shows that no work or fill will be conducted nor placed in any salt marsh or other vegetated vetland. The homes will be serviced by sever and no septic systems will be constructed. Normal erosion and sediment control methods consisting of hay bales and siltation fabric fencing will be used. Riprap is proposed on the 2 to 1 slopes of the proposed roadway. All other disturbed areas are to be seeded to establish an erosion-controlling vegetative cover. 6 Maple Street• P.O. Box 780•Northborough• MA 01532•(508)393-8558 (617) 890-2130 FAX: (508)393-8647 Steven Salvo -2- February 16, 1989 It is IEP's professional opinion, based upon the above described site conditions and on the proposed activities, as shown on the Definitive Plan, that no adverse impacts should occur to the on-site salt marsh or fresh marsh during or after the construction of the proposed project. The project meets the Performance Standards for such activities required by 310 CHR 10.32(3) and (10.55(4). It is our understanding that the project has been reviewed by the Corps of Engineers and they have issued a determination that A Section 404 permit is not required. Please call me if you have any further questions. Yours very truly, IEP, Inc. Garrett G. 8ollands Principal-In-Charge Wetland Group GG9/mmc Steven Salvo -3- February 16, 1989 APPENDIX A Soils The soils on the Pierce Rd. site in Salem, MA were observed utilizing a Dutch type hand auger. Several borings were performed in the area dominated by reed canary grass. Organic soils (Peaty muck) are prevalent throughout this area to a depth of 21 plus inches often interspersed with fill up to a depth of 18 inches. Steven Salvo -4- February 16, 1989 WETLAND PLANT LIST SITE LOCATION: SALVO-1, n/side of Pierce Rd., Salem, Mass. PREVALENCE SCIENTIFIC NAME COMMON NAME INDEX* OCC Acer saccharum sugar maple FACU OCC Agropyron repens quackgrass FACU COM Aster sp. asters -- OCC Carex sp. sedge -- COM Cornus stolonifera red-osier dogwood FACW+ OCC Daucus carota Queen Anne's lace OU CD Distichlis s_ picata saltgrass FACW+ COM Iva frutescens high tide bush FACW+ OCC Juncus effusus soft rush FACW+ OCC Juncus gerardii black grass FACW+ Sc L ty hrum salicaria purple loosestrife FACW+ OCC Oenothera biennis evening primrose FACU- OCC Phleum pratense Timothy FACU COM Phragmites australis tall reed FACW COM Puccinellia maritima seashore alkaligrass OBL OCC Rhus typhina staghorn sumac OU SC Rubinia pseudoacacia black locust OU COM Rosa rugosa rugose rose OU OCC Rubus occidentalis black raspberry -- OCC Salix sp. willow -- CD S artina alterniflora tall cordgrass OBL D Spartina patens salt meadow cordgrass FACW+ COM Trifolium pratense red clover NA OCC Typha latifolia broad-leaved cattail OBL COM Vicia cracca cow vetch OU *INDEX DEFINITION OBL Obligate Hydrophyte: Nearly always occurs in wetlands (greater than 99% of the time). FACW, FACW+, FACW- Facultative Wetland: Usually occurs in wetlands (66-99% of the time). FAC Facultative: Commonly occurs in both wetlands and uplands (33-66% of the time in wetlands). FACU Facultative Upland: Usually occurs in uplands, but may occasionally occur in wetlands (less than 33% of the time in wetlands). NA Not Applicable: Conflicting review of classification. -- Not defined to species level. * Dominance Rey: (D) =DOMINANT, > 50% representation in a plant community. (CD) =CO-DOMINANT,estimated 35-49% representation in a plant community. (C) =COMMON, estimated at 25+ % representation in a plant community. (OCC)=OCCASIONAL, estimated at 10+ % representation in a plant community. (SC) =SCANT, estimated at < 5% representation in a plant community. ■ 6 Maple Street- P.O. Box 780 Northborough, Massachusetts 01532 1 E Inc. (508) 393-8558/890-2130 FAX: (508) 393-8647 July 27, 1988 SALVO-1 Mr. and Mrs. Steven Salvo 25 Raymond Avenue Salem, Mass. 01970 re: Wetlands determination for property in Salem, Massachusetts; located east of US Rte. 1A, north of Pierce Road (paper street) and to the northwest side of Forest River (off Salem Harbor) . Dear Mr. and Mrs. Salvo: This letter is to document IEP's findings on wetland identification and boundary delineation at the site referenced above. Field work took place on June 8, June 30 and July 12, 1988. On June 8, I met with you on the property, in company with your attorney, Mr. George Hall, for a brief overview of the site. Location of the wetland boundaries in the field was primarily on the basis of greater than or equal to 50Z covet- of wetland-indicator vegetation, as per the Massachusetts Wetlands Protection Act (MGL c. 131, s.40) and as recognized by the U.S. Fish & Wildlife Service's National Wetlands Inventory (NWI). An appendix to this report is a plant list for the site based on the NWI's ratings of wetland-indicator species in the Northeast Region. In addition, it is IEP's approach to delineate wetlands according to the U.S. Army Corps of Engineers' multiparameter method for that agency's jurisdiction of freshwater and coastal wetlands under Section 404 and/or Section 10 regulations. This methodology uses vegetative, soil and hydrologic criteria in determining wetlands and their boundaries. In this way, wetlands are located with the intent that local, state and federal regulatory needs may be met. On July 20, 1988, this office sent a diagram of the wetland boundary flagging to your surveyor, Mr. Dave Tarrazone of Carter & Towers Engineering Corp. , for his reference. The wetland boundaries have been flagged with pink and black-striped surveyor's tape numbered at approximately 50-foot intervals, to total 25 flagged points in the field. When the wetland boundary has been surveyed onto your site plan, please arrange to forward a copy of it to our office for verification. ENVIRONMENTAL SCIENTISTS • PLANNERS • ENGINEERS E ?n c. Mr. & Mrs. Steven Salvo -2- July 27, 1988 The wetland communities at this site are varied. Coastal, brackish and freshwater wetland areas are found, and wetland areas show a history of alteration associated with placement of a sewer line along the paper street (Pierce Road) bordering the waterfront of the Forest River estuary. As discussed June 8, the sewer line apparantly was placed in 1983. Because of the nature of the site's wetlands (ranging from tidally-influenced to freshwater) .combined with atypical conditions resulting from the sewer .line construction, regulatory applications to these wetlands may be, varied as well. Under the Massachusetts Wetlands Protection Act, IEP finds the following Resource Areas at the site: 1) Land Under the Ocean (tidal open water), 310 CMR 10.25; 2) Coastal Bank (an artificial fill slope), 310' CMR 10.30; 3) Salt Marsh, 310 CMR 10.32; •4) Bank (on ditched intetmittent flow), 310 CMR 10.54; 5) Bordering Vegetated Wetland, 310 CMR 10.55; 6) Land Under Waterway (ditched intermittent flow), 310 CMR 10.56. Of the above Resource Areas, the first three do not fall directly on the property; however, ref. 310 CMR 10.02(1) and (2) ,. ". . .activity. proposed or undertaken within. . . the 100-foot (Buffer Zone) of. . an Area Subject to Protection Under the Act—which, in the judgement of the issuing authority will alter an Area Subject to Protection Under the Act is subject to- regulation under the Act and requires filing of a Notice of Intent." The salt marsh was flagged because it appears possible that any proposed activity on the property be within the 100 foot Buffer Zone from the salt marsh and other coastal Resource Areas. The top of the Coastal Bank (artificial) and the Land Under the Ocean are two Resource Areas listed above which were not located by our flagging--it is recommended that these Areas be located by survey methods and shown on the site plan(s) . Coastal wetland at the site is salt marsh associated with the Forest River estuary. Low salt marsh zones are represented by tall cordgrass (Spartina alterniflora) and the high marsh community is dominated by salt meadow cordgrass (S. patens), black grass (Juncus erardii) and spike grass (Distichlis s icata). The landward boundary of high salt marsh was delineated along the toe of an artificial berm or bank. This artificial bank, vegetated with upland forbs and grasses, was apparantly created when fill was pushed laterally aside during sewer line construction; the top of the bank is approximately 3 feet above high marsh elevation. In most places, it appears that the Upper salt marsh had been encroached upon during sewer line construction. There has been a seaward invasion of upland forbs and grasses which colonize the artificial fill slope onto the upper reaches of the salt marsh. Because the fill slope along the landward edge of,,the salt marsh may be i � ?c. Mr. & Mrs. Steven Salvo -3- July 27, 1988 significant to storm damage prevention or flood control becasue it is a vertical buffer to storm waters, IEP interprets the feature as an artificial Coastal Bank, ref. 310 CMR 10.30(2) and (5). At points where a manmade ditch traversing the sewer line easement cuts through the artificial bank and discharges to the salt marsh, wetland delineation continued landward. Banks of this manmade ditch were delineated as intermittent flow, forming hydrologic connection between the salt marsh and a brackish-to-fresh wetland area located further landward. Apparantly, this manmade ditch was created sometime after sewer line construction in order to promote drainage of inland areas to the estuary. Functional as a hydrologic connection between inland wetland and the estuary, this ditch is therefore interpreted as Land Under Waterway, ref. 310 CMR 10.56. The inland wetland on the site is a marsh and shrub swamp community, represented by tall reed (Phragmites australis), soft rush (Juncus effusus), willow (Salix sp. ), red-osier dogwood (Cornus stolonifera) and sedge (Carex sp. ). Tall reed dominates the wetland, and soil auguring took place to confirm the presence of hydric soils--here, hydric soils are characterized as a mucky peat. At the periphery of the wetland, additional tall reed is found on old fill soils and such areas were excluded from wetland delineation based on the absence of hydric soils and lack of any other wetland-indicator vegetation. Based on our experiences, tall reed is a known invader species of disturbed areas and it is our opinion that, for this species to occur as wetland, hydric soils and/or other wetland-indicator vegetation must also be present. Patches of salt meadow cordgrass are found interspersed with upland grasses and forbs on either side of the ditch within the sewer easement; however, transect data did not result in at least 50% cover of wetland indicator plants. In addition, no hydric soil characteristics are observed and the area was not delineated as wetland. The substrate is packed fill material (gravel, tar, rock, etc. ) and it appears that some salt meadow cordgrass persists after disturbance, where peat fragments may have intermixed with the fill material during sewer line construction. Ref. NFIP/Flood Insurance Rate Map (copy enclosed), the site falls between a designated 100- and 500-year flood. Ref. 310 CMR 10.57(2)(a), Bordering Land Subject to Flooding is "the estimated lateral extent of flood water which will theoretically result from the statistical 100-year frequency storm." Based on the available NFIP data, it does not appear that Land Subject to Flooding as defined in 310 CMR 10.57 occurs on this site. There is no Estimated Habitat of State-listed Rare Wetlands Wildlife at this site, ref. Massachusetts Division of Fisheries & Wildlife, Natural Heritage & Endangered Species Program, 1988 Edition. IC ?C. Mr. & Mrs. Steven Salvo -4- July 27, 1988 Please be advised that any filling proposed in the wetlands above the mean high water mark at this site would require permit application with the U.S. Army Corps of Engineers under Section 404 regulations, Should you have any questions regarding the wetland delineation and this report, or for further regulatory advisory, please do not hesitate to call me at our Northborough office. Thank you. Sincerely, IEP,Inc. Irene Kenenski Sr. Wetlands Scientist ijk/encls cc: George Hall, Esq. IC ?c. WETLAND PLANT LIST SITE LOCATION: SALVO-1, n/s Pierce Rd. , Salem, Mass. SCIENTIFIC NAME COMMON NAME INDEX* Acer saccharum sugar maple FACU Agropyron repens quackgrass FACU Aster sp. asters -- Carex sp. sedge -- Cornus stolonifera red-osier dogwood FACW+ Daucus carota Queen Anne's lace . OU Distichlis spicata saltgrass FACW+ Iva frutescens high tide bush FACW+ Juncus effusus soft rush FACW+ Juncus gerardii black grass FACW+ L ty hrum salicaria purple loosestrife FACW+ Oenothera biennis evening primrose FACU- Phleum pratense timothy FACU Phragmites australis tall reed FACW Puccinellia maritima seashore alkaligrass OBL Rhus typhina staghorn sumac OU Robinia pseudoacacia black locust OU Rosa rugosa rugose rose OU Robus occidentalis black raspberry -- Salix sp. willow -- Spartina alterniflora tall cordgrass OBL Spartina patens salt meadown cordgrass FACW+ Trifolium pratense red clover NA Typha latifolia broad-leaved cattail OBL Vicia cracca cow vetch OU *INDEX DEFINITION OBL Obligate Hydrophyte: Nearly always occurs in wetlands (greater than 99% of the time). FACW, FACW+, FACW- Facultative Wetland: Usually occurs in wetlands (66-99% of the time). FAG Facultative: Commonly occurs in both wetlands and uplands (33-66% of the time. in wetlands). FACU Facultative Upland: Usually occurs in uplands, but may occasionally occur in wetlands (less than 33% of the time in wetlands). NA Not Applicable: Conflicting review of classification. -- Not defined to species level. RECEIVE ® MAR 0 7 1990 25 Raymond Avenue Salem, MA 1990 01970 March 7, SALEM PLANNING DEPT. Mr. John Vallis, Chairman Salem Conservation Commission One Salem Green Salem, MA 01970 RE: File #64-184, Salem, MA Dear Chairman Vallis: Since the last hearing with your board on January 25, 1990 (which has been continued to March 8, 1990) I have met with Joseph Carter of Carter & Towers Engineering of Swampscott, informally with members of the Planning Board who also conducted a site inspection, representatives of the Department of Public Works, the Building Inspector, Capt. Turner of the Fire Department, and the Salem Chief Assessor Peter Caron for the purpose of obtaining input and advice regarding the revision of my plans. Based on their suggestions and recommendations, I have amended my Definitive Plan that was filed with my November 29, 1989 Notice of Intent by adding and deleting the following: 1. BY ADDING: To gain access to my property, a 16' bituminous driveway has been added to the plan which will exit and enter from Loring Avenue, run along a path to the rear of the homes and will be kept at a distance of approx. 5' from the rear lot lines. The driveway will extend to both homes, and it will be located outside the 100' salt marshland buffer zone. A 20' x 35' hammer- head turnaround and a bituminous driveway has been recommended by Capt. Turner of the Fire Dept. A proposed 6" water line will be installed under the main driveway. 2. BY DELETING: The proposed construction of a road on Pierce Road (Paper Street) has been deleted from the plan. No construction will take place on this paper street other than for sewer connections. 3. BY ADDING: Lot #316 (nearest to Loring Avenue) will convey a 21' wide ease- ment to Lot #317 as shown on the revised plan. 4. BY ADDING: Lot #316 shall convey an 80' wide portion of the easterly bound area containing 9,000 sq. ft. to Lot #317 as shown on the revised plan, giving Lot #317 a total of 15,218 sq. ft. Sincerely, - Ore Joy4 P. Salvo Enclosure CC: MA DEP (w/Enclosure) 1- 25 Raymond Avenue Salem, MA 01970 December 18 , 1989 The Commonwealth of Massachusetts Department of Environmental Protection Metropolitan Boston - Northeast Region 5A Commonwealth Avenue Woburn, MA 01801 RE: File Number 64-184, Salem, MA Dear Sir: This letter is in response to your letter dated December 7, 1989 , regarding Question 9 not being answered on my Notice of Intent. Question 9 , Page 3-2 , reads "Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131 section 40A or G.L. c. 130 section 105?" The answer is No. A revised Page 3-2 is attached to reflect the above. Sincerely, Joyce P. Salvo Attachment EMS (M12 y B. Have all Optamaple Defmrts,variances and approval reduved by local by48W been Obtaned? Yes — No X: �^ Obtained: Applied For: Not Applied For: ... __ State Curb Cut Permit Salem Planning Board Approval ------------ ------------ 9. Is any portion of the site subject ttoo/a Wetlands Restnctwn Order pursuant to G.L. c. 131. §40A or G.L. c. 130. §105? Yes X No m`ents submitted with this Notice of Intent. 10.List all Plans and supporting docuu Identifying Title. Date NumoeriLetter "All USGS Qua& le Ma 1956 i I "B" F C„ Definitive Subdivision Plan 9/30/88 11.Check those resource areas within which work is proposed: (a) Z Buffer Zone (b(Inland: Land Subject to Flooding. X Bak, Bordering _ $ Bordering Vegetated Wetland' = Isolated Land Under Water Body&Waterway' (c)Coastal: _ Designated Port Area' Land Under the Ocean' Coastal Dune _ Coastal Beacn' = al Bank Barrier Beacn Coast = Salt tar an .otKv Intertical Shore' Lanc Under Salt Pond' — Land Containing Shellfish ' =ish Run' Keiv +.c :r•wive U.S. Army Cores of cnctneers Concurrent jurisdiction. See General Instructions for ,c:e: - NV::e ,:en: - - 00irz4Vzr of UOizuv crnzentaLa (9157irW�9 y g _ 11ct�ta z q0&v,?. - 1 oft4east -e9ion J-/t- l7P/1U11VnweCL" /LUY/ULP/ DEDE �j/� nn Ncwn 97�o�rain' _1ffassaoLsetts O1VO1 nlEDEIaR eWr0/ 1 Daniel S. Greenbaum EM DMWNTAL Nf0TECn0N Commissioner _ 617/935-2160 DATE: December 7, 1989 RE: NOTIFICATION OF FILE NUMBER: 64-184 WETLANDS/ Salem (city/town) This Department is in receipt of the following appplication filed in accordance with the Wetlands Protection Act (N,. G. L. Chapter lsl, Section 40) : APPLICANT: Joyce P. Salvo OWNER OF LAND: Same ADDRESS : 25 Raymond Avenue ADDRESS : Salem, MA 01970 PROJECT LOCATION: Pierce Road, Lots 316 & 317 Salem ' ' though a _file = is beiz; issued, _he possible following deficisncy ( _es) in the filing have been noted: Question #9 not answered. No File E will be assigned to this prcjec` until the following misssingyinfcrma- tion is sent to this office to complete the filing in accordance with ,.he Act: ( Notce of 7-tent LOCLS ?iaD ( ) Plans ( ; iTitle 5 Plan (Appendix A Documentation COMMENTS: ( ) ADDlication has been forwarded to the Waterways Licensing Program to deter- :alne _f a Cha=ter 91 License i5 recrui=ed. ( ) ADDlican= is advised to forward a cepv of `_^e Notice of Intent to the Army COEDS Of EnQin>e-S Sec. L04 rsvlb�. (na-1 _ 1-600-2C2-4367 =-- c.____ne_ ( ) Project rua'. -e^ni-= a Wale_ Qua_ _v certi_-icate Ann icant is a6v15ed - On=ac= D^�: n: c Wat _ D iiL - Stir � _ --- __ N.A, 02108 ; _el: (5li ) 292-5672 ) for =ormstand fu—her information. ISSUAN= OF A FTT ' NUX=R IND_C.!=S O!�LY :O!!PTrm=NESS OF -:LING S-_-BM_TT=2j NC"' APPROVAL OF APPLICA^_'ION. (YO Ccnse---,,-ati cn .......:Li Ssi on CcDies also sent -_ Wa_ - - -- -_`s- Enc-neers =eg'a a cry =_an- - ( City cr_ Towr Board of Health ( Office of Coastal Zone Manaeement ( Representative _ for the Coma.isS_, one- Section Cniel 8 4 lug DISTRICT #5 OFFICE 483 MAPLE STREET. DANVERS 01923 PERMITS - SALEM November 22, 1988 Ms. Joyce P. Salvo 12 Loring Avenue Salelm, MA. 01970 This is to advise you that the District has reviewed your revised submission of Novemer 15, 1988 requesting permission to construct a street approach. This submission has been accepted on a District level. Therefore, it shall now be necessary for you to have the plans signed by the Salem Planning Board or their Representative along with concurrence from the Conservation Commission or DEQE as per our letter of September 16, 1988. Please submit six (6) copies of these documents for processing. Very truly yours, aAc seph DAngelo, P. ting District Highway Engineer FJH/ In s CC: J D'A R H J Salem City Planner Salem Conservation Commission `yj1 14 '•; S ibw v , SLOPE /CA/L '4 OP C �W POG 6 L 4poRn -p/T. ' u •.1 ../4✓r(r,.�) - roacve �-ArEo g's 7: 9Q a s.nra yk�� P"EM s EN rr/ .T� c �..ia �' y \R= 93.89— x 40 --_�� - c�rE \ „W — L 52.391 .; _R`- 7 \� °p 9 ��N,9% '��G-A ___as _ 8a .10 �. G9 O \ \ \ 360. 12 , 280 6T 320 /19 ( 4 v w .3 \y a rP \ 310 CMR 10.99 Form 3 DEP File No. Commonwealth (To be v�oy oeP) = of Massachusetts T cny Town Sal Pm ' Amucant .Toy Q Salvo 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 Piprcg� Road Pm Lot Number 316 & 317 (Assessors Lot No's) 2. Project: Type RPai cienti al Description r sa-runt: 9 dwel l i ngs utilities i ties & 20' Wide roadway for applicant Al included is construction of rip rap slore 9578 25 3. Registry: County So ni st_ Current Book 9495 &Page 60 Certificate (If Registered Land) 4. Applicant Joyce P. Salvo Tel. (508) 744-2721 Address 25 Raymond Avenue, Saletn, MA 01970 5. Property Owner Saute as W12l i pant —Tel. Address 6. Representative Joseph D. Carter/Carter & Towers Engr. Tel, 592-8386 6 Fairview Avenue, Swrrpsoott, .MA 01907 Address 7. a. Have the Conservation Commission and the Departments Regional Office each been sent, by certified mail or hand delivery,2 copies of completed Notice of Intent,with supporting plans and documents? Yes Z No b. Has the fee been submitted? X Yes � No c. Total Filing Fee Submitted $500 00 d. City/Town Share of Fling Fee $262.50 State Share of Fling Fee $237.50 (sent to City/Town) (1/2 of fee in excess of$25, sent to DEP) e. Is a brief statement attached indicating how the applicant calculated the fee? T Yes 0 No Effective 11A0/89 r y ' 8. Have all obtainable permits.variances and approvals required by local by-law been obtained? Yes — No X Obtained: Applied For: Not Applied For: State Curb Cut Permit Salem Planning Board Approval 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 1 31 , §40A or G.L. C. 130, §105? Yes - No ❑ 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying Title, Date Numoer/Letter .All USGS Quadrangle Map 1956 "B^ Flood Insurance Rate Man 1977 C Definitive Subdivision Plan 9/30/88 1 1 .Check those resource areas within which work is proposed: (a) :X Buffer Zone (b)Inland: a BanK' Land Subject to Flooding, Z Borbenno Vegetated Wetland' - Bordering -X Land Under Water Body 8 Waterway' Isolated (c)Coastal: Land Under the Ocean' Designated Port Area' Coastal Dune Coastal Beach' Barrier Beach — Coastal sank ROCKY Intertidal Shore' — Salt Marsh' Lana Under Salt Pond' _ Land Containing Shellfish' Fish Run' Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for Compieunc Notice of Intent. 3-2 7. (e) . Continued Calculation of the $500. 00 Filing Fee -------------- _______________________ The work to be performed falls under Category 2 , (Construction of 2 Dwellings, Utilities, Roadway, and Rip Rap Slope) . 2 Dwellings = $500.00 ($250. 00 x 2) $500. 00 (25. 00) $475. 00/2 = $237.50 DEP Fee _____________ $237 .50 25. 00 $262 . 50 City Fee 12. Is the wetland resource area to be altered by the proposed work located on the most recent Estimated Habitat Map (if any) of rare, "state-listed" vertebrate and invertebrate animal species occurrences provided to the conservation commission by the Natural Heritage and Endangered Species Program? YES [ ] NO [X] Date printed on the Estimated Habitat Map issued NO MAP AVAILABLE [ ] (if any) 1988 Edition If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with supporting documentation with the Natural Heritage and Endangered Species Program by certified mail or hand delivery, so that the Program shall have received Appendix A prior to the filing of this Notice of Intent? YES [ ] NO [ ] 3-3 I V Part it: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: N/A Soils A Vegetation A,C Topography A,B,C Open water bodies(including ponds and lakes) A,B,C Flowing water bodies(including streams and rivers) N/A 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 C Boundaries of resource areas checked under Part I, item 1 1 above Other Man-made Features: A,C Structures (such as buildings. piers, towers and headwalls) N/A Drainage and flood control facilities at the site and immediately off the site, including culverts and open channels (with inverts), dams and dikes C Subsurface sewage disposal systems — Municipal C Underground utilities ._C Roadways and parking areas C 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 I, item 1 1 above. Identifying Number/Letter (of plan. narrative or calculations) Planv,,.w and Cross Section of: C Struc:.:res(such as buildings, piers, towers and headwalls) C Drainage and flood control facilities. including culverts and open channels(with inverts), dams and dikes C Subsurface sewage disposal systems&underground utilities C Filling, dredging and excavating, indicating volume and composition of material N/A Compensatory storage areas, where required in accordance with Part III. Section 10:57 (4) of the regulations Wildlife habitat restoration or replication areas 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 1 1 above. as supported by standard engineering calculations, data and plans, including but not limited to the following: 3.4 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. 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 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 regula- tions clo not apply. _ Coastal Resource Area Type: Land Under Waterway bennfying number or letter Inland Bordering Vegetated Wetland, Bank of support documents Livable area of dwelling shall be minimm of 5' I C above 100 yr. flood level. Resource area to be protected from silt or trespass C by the judicious placement of haybales. Coastal Resource Area Type: III Identifying number or letter Inland of sucoon documents ' I I j I laenelymg numoer or letter _ Coastal Resource Area Type. of support Documents _ Inlancl iI ill . 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. c` Coastal Resource Area Type Boraered By 1 oo-Foot Discretionary Zone: laenufyina numoer or letter Iniano Coastal Bank, Salt Marsh, Land Under Ocean of support Documents The judicious placeiTent of haybales, mirafi fabric, C and proper loaming and seeding of disturbed area will insure protection of resource area. I I I I 3-6 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. 8Y2" 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 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. J � �a N OV 2 9 1989 Signature of ApDlicant Date Signature of Applicants Representative Date FORM E...pond)to ENG Farm 4349 epprav ed by XQUSACE. 6 May 1982- NED 100 (TEST) 1 MAY 82 TSu documem conum• t Imnt Drp.nmrnt of the Army .na State of .M....chu..u. .ppl.c•uon for . permit to obtain permunon to perform activities ,n United State. waters. The Office of M....ement and B.dr.t IOMB7 hat .ppmved thou puotio.. .....red by the US Army Corp. „f Enpneer.. OMB Number 0902-0036 ..it ....ruin. date of 30 September 1983 •ppfv. Thai a rement wdl be or, in 6 point type. 3.7 0 s�ro 4�PPo LYNN QUADRANGLE MASSACHUSETTS Ppe° 7.5 MINUTE SERIES (TOPOGRAPHIC) 2 cq• 343 60000 FE E7 ]• 1 - 1 70052'30" _ 1 44 1.1.: Irc �:v L p J l Munic oal - t o e �v K 42°30� ' p C`� � Goll Coe se + x L \ 4 % ItLA o S,A L, E 3j'So is eM . c• Q \ 28 �af'151a1- r cr 2 � ;;lhe TJ30'7YGrIS071S 7� 1o0)\ V\ re3� 1 ' Cem e \o illeadOw Fo `oc 155 \a: _. �.\ -.. o�a'��e��,*�f ' Leg r. q �.�\ ,�•4t d . ` ..`.,\ � �so / �.p_a \�'�..•„�. l� Hill�6, � ° ]J tea': � �C j02 ,\ it iz>o 41` II�15wam \ INp "el ` IJ�PT 1 fed4sco R'0$CeT J . 0 +� - _ �\ Caimlry Q.lub / v 07td / sr1 \ \ \\ n �so \_ I w z540000 Ia FFEET 1 36 ~� 8e t\..1 ndo a v S C —� ••�d5? _ AND'. JS 1704 Yacht _ j , BFBc 4 G W11is ...0 Pfsherman ' _ �J� <j $ 0 ♦ ! 1J 06 Cliff Blaney Rock Efeach = s IJ �,\el j!If,�les Pt 113, (0.. o `.IJi z I ..J L�� ! ° °� 1703 \ -Lincoln House Pt 50 ..�(� '!Jeciesc4•� 1 + o v -- 7 ocks ifi \ .z ysa 1' llouPes Pt 30 Dread Ledya is 11/ I ,/ e/02 ;. Il \ vSGS Topo 15 e\ 57 66 7y�F 80 \ c 19lLTEQ A N ;T B A Y Fwka. Gad-f'. -- �� c�°�� ;<<,�xzQNE Eby' 4:• / 1 C � Q 1 L 1 1 ZONE C / ZONE B P 1 O I 1 =C CARTER & TOWERS ENGIM CORP. 6 FAIRVIEW AVH.' 6 S,"AMPSCOTT, MASS; 01907 _ u4 ti F e �k. S y t V j du.,"�AYWf•-'iN 5 9.i'�•- ly'V` ° '3 � f. � iTY9 P8i •j n,. Y"f. •� 1 Y.. A i v Y•" P � ZONE C ZONE B / 1 r • � +t, �, y i•'r r 1•. O , A Ye( . w,9�•�ti is �977 CARTER 3 TOtArERS ENGIM CORP. 6 FAIRVIEW AV9: "VAMPSCOTT r MASS: 01907 z. n.,tua•,3yY'7�,s+xi4^a3:�Surd�h".4a..� 4 r: r r xr� ` Ygg' $a COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston - Northeast Reglanaf"O"ffi"e� ARGEO PAUL CELLUCCI Governor PLP,I iN�� U� ' BOB DURAND Secretary JANE SWIFT S E P 13 2000 LAUREN LISS Lieutenant Governor Commissioner Franklin Street Realty Trust c/o Mr. William H. Kelley P.O. Box 212 Marblehead,MA 01945 RE: Waterways License Application No. W93-2180, License No. 4631 North River, Salem, Essex County Dear Sir(s): The Department of Environmental Protection has approved the enclosed referenced license authorizing you to perform certain activities pursuant to M.G.L. Chapter 91 and regulations.310 CMR 9.00. Any unauthorized substantial change in use or substantial structural alteration of any structure or fill authorized by this license shall render it void. Pursuant to 310 CMk 9.17(1)(a) and 9.17(2),the Licensee may appeal this decision within twenty-one(21)days of the date of license issuance,by submitting a written request, by certified mail, for an adjudicatory hearing. Any notice of claim for an adjudicatory hearing must include the following information: the DEP Waterways Application File Number;the complete name, address and telephone number of the.party filing the request; if represented by counsel,the name, address and telephone number of the attorney; a clear statement that a formal adjudicatory hearing is being requested; and a clear and concise statement of the specific objections to the Department's license decision, and the relief sought through the adjudicatory hearing, including, specifically,the changes desired in the final Waterways License. The hearing request, along with a valid check made payable to the Commonwealth of Massachusetts in the amount of one hundred dollars($100.00), must be mailed to- Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston,MA 02211 This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205a Lowell St. Wilmington,MA 01887*Phone (978)661-7600•Fax (978)661-7615•TDD#(978)661-7679 Printed on Reryclw Paper License No. 4631 At the same time, a copy of this appeal must be sent to the DEP Waterways Regulation Program, the municipal official of the city or town where the project is located, and any other parties to this proceeding. In addition,this appeal must include a statement that the appropriate copies have been delivered as described herein. Furthermore, this license must be recorded at the referenced County Registry of Deeds with 60 days from the date of license issuance or your license will be revoked. The Registry for your project is: Essex County- Southern District 36 Federal Street Salem,MA 01970 (978) 741-0200 The work or change in use authorized by this license shall not commence until said license and . plans are recorded,the Department has received written notification of the date, book and page number of record, or if the Department receives the enclosed Notification Form to this office. in erely, es . Sprag ection Chief Wetlands and Waterways Program cc: DEP/Waterways Regulation Program, Boston Salem Conservation Commission, City Hall, Salem, MA 01970 William Whooley, Harbormaster, Winter Island, Salem, MA 01970 Atty. Keith W. Kauppila, 29 Commonwealth Avenue, Boston,MA 02116 James A. Sprague, Section Chief Division of Wetlands and Waterways Department of Environmental Protection 205a Lowell Street Wilmington, MA 01887 RE: Waterways Application No. W93-2180/License No. 4631 Dear Mr. Sprague: This is to notify you that the referenced license was recorded on book number page number(s) Sincerely, LICENSE VOID IF NOT RECORDED WITHIN 60 DAYS OF ISSUANCE 1. Ght Tommnnwtafth of Mossadmotno No. 4631 1[EtEttS, Franklin Street Realty Trust of-- Salem--, in the County of--Essex--and Commonwealth aforesaid,has applied to the Department of Environmental Protection for license to—maintain an existing seawall, fill,piles,ramp and float ----------------------------------------------------------------------------- and.has submitted plans of the same;and whereas due notice of said application has been . given,as required by law,to the--Mayor and City Council -- of the--City --- of Salem; - ------------------------------------------------------------------------------------------------------------- NOW, said Department,having heard all parties desiring to be heard, and having fully considered said application; hereby subject to the approval of the Governor, authorizes and licenses the said Franklin Street Realty Trust--, subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto,to- maintain an existing seawall, fill,piles,ramp and float------------------------------------------ in and over the waters of the—North River-- in the-- City-- of--Salem -- and in accordance with the locations shown and details indicated on the accompanying DEP License Plan No. 4631 (3 Sheets). PRINTED ON RECYCLED PAPER License No. 4631 Page 2 The structures hereby authorized shall be limited to the following use(s): to provide a commercial docking and boating access to navigable waters. This license shall expire ninety-nine(99)years from the date of license issuance. No activity or construction may take place on the area of fill authorized herein without the prior written approval of the Department. The Department reserves the right to require the Licensee to provide pedestrian access parallel to the mean high water shoreline, at such time that the Department obtains pedestrian access on the abutting properties. The project authorized herein has been completed in conformance with the accompanying plans. The issuance of this license, therefore, fulfills the Licensee's obligation to obtain a Certificate of Compliance pursuant to 310 CMR 9.19. Please see page 3 for additional conditions to this license. -------------------------------------- Duplicate of said plan,number 4631 is on file in the office of said Department, and original of said plan accompanies this License, and is to be referred to as a part hereof. License No. 4631 Page 3 STANDARD WATERWAYS LICENSE CONDITIONS 1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. 2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee r�wr to the commencement of any activity or use authorized pursuant to this - License. 3. Any change in use of any substantial structural alteration of any structure of fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure of fill authorized herein shall render this Waterways License void. 4. This Waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and those persons who have filed a written request for such notice with the Department and those persons who have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this Waterways License void and the Commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee,its successors and assigns as an unauthorized and unlawful structure and/or fill.. 5. The structure(s)and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans. 6. Nothing in this Waterways License shall be construed as authorizing encroachment in,on or over property not owned or controlled by the Licensee,except with the written consent of the owner or owners thereof. 7. This Waterways License is granted subject to all applicable Federal,State,County,and Municipal laws,ordinances and regulations including but not limited to a valid final Order of Conditions issued pursuant to the Wetlands Protection Act,G.L. Chapter 131,s.40. 8. This Waterways License is granted upon the express condition that the use of the structure(s)and/or fill authorized herein shall be in strict conformance with all applicable requirements and authorizations of the DEP,Division of Water Pollution Control. 9. This License authorizes structure(s)and/or fill on: X Private Tidelands. In accordance with the public easement that exists by the law on private tidelands,the licensee shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks,for the purposes of fishing,fowling,navigation,and the natural derivatives thereof. X Commonwealth Tidelands. This Licensee shall not restrict the public's right to use and to pass freely,for any purpose,upon lands lying seaward of the low water mark. Said lands are held in trust by the Commonwealth for the benefit of the public. A Great Pond of the Commonwealth. The Licensee shall not restrict the public's rights to use and to pass freely upon lands lying seaward of the high water mark for any lawful purpose. No restriction on the exercise of these public rights shall be imposed unless otherwise expressly provided in this license. 10. Unless otherwise expressly provided by this license,the licensee shall not limit the hours of availability of any areas of the subject property designated for public passage,nor place any gates,fences,or other structures on such areas in a manner that would impede or discourage the free flow of pedestrian movement thereon. License No. 4631 Page 4 The amount of tidewater displaced by the work hereby authorized has been ascertained by said Department, and compensation thereof has been made by the said—Franklin Street Realty Trust -- by paying into the treasury of the Commonwealth--two dollars and zero cents($2.00) -- for each cubic yard so displaced, being the amount hereby assessed by said Department. (261.00 cu. yds. _ $522.00) Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date,hereof, in the Registry of Deeds for the County of-- Essex ----------------------- IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this thirteenth day of September in the year two thousand. Department of Commissioner . Environmental Protection Section Chief Ad THE CO MMONWEALTH..OF MASSACHUSETTS This license is approved in consideration of the payment into the treasury of the Commonwealth by the said—Franklin Street Realty Trust---------------------------------------=--------------------------- the further sum of-- one hundred and sixty dollars and zero cents $160.00 -- the amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in the land of the Commonwealth BOSTON, Approved by the Governor: f Governor 41 CRAIG C.•BURNHAM 14 FRANKLIN "ST. J H Q EDWARD FERRIS BYOR "— N3 IS FRANKLIN ST: FAMILY x R t _4 Wll. W U.W M� �O01 O' v11. a f p u Ut.;° NO. . X �:; f� }acT IN MR15 YFTITtON�S�E A v! U � P �O3A P __.. sTrn&t4 o>_ eDwAttD fkFRJS AfI-Iw 129n 9"ie"� of o _ tNHW END. OF ," . - 50.0'. `! r, r EXISTING DEED) END FENCE ter FENCE SliJPE C2� Ir PILE5 F E?tLE r hC? 11 = TO E�Et�aTlt 1G GRJs i ABOVE ! TO WAL 'TOP OF a WALL l2" PILE TO EXISTING GFt'.4DE PLAN •,A„ 0. to, ZO' ��ovEK. SSupputl< _{=K�sr�Nto G2wE f !$ 5CALE l" I h PETITION FOfa r (Z) NEW REP CEMENT PILES �J� . NO DOCUMENTATION FOUND FOR N 4E" 6: EXISTING Ql' PILES PRIOR TC) IG84 6Y ENG.PNEER. so�� DnNIEe c PILES REPLACE OLD Q" PILE STUBS BROKEN BELOW nAUp LIaJE A'S 'PER OWNERS AFFADAVIT _ 1e6 C UNDER SEP; RATE CODER) 9,I PLAN ACCOMPA YID G PETITION OF PLAN %A 5 EET 3 OF 3 FRANKLIN STREET REALTY :TRU5T UW6 C. 6URNHAM, TRUSTEE ' LAND AT 14. FRANKLIN ST. SALEM, MA. o1G-i0 �� ASSESSOR' 5 MAP 26 PARCEL403 - DANIEL J. LYNCH AUG' SE 0 PROFE55IONAL ENGINEERS 4 LAND 5URVEYOR5 ' 29 COMMERCIAL 5T., MARBLEHEAD, MA.OIg4S a � �W of td Z 9 £ I Z � w �r 2 Q � C o £ �W +, p 2 p 0 p � Y Ld L7 a +� } z S �s V:. W T!7 MAY of - 3 fi �N of 3 + x a D1NI yN T 0 0 FaNCH N 33186 ® f«VIs819 8'24 CLAN ACCOMPANYING PETITION OF SOUTHWEST ELEVATION SHEET 2 OF3_ FRANKLIN STREET REALTY TRUST ZRAIG C. BURNHAM , TRU5TEE LAND AT 14 FRANKLIN 5TREET 5ALEM, MA., Oi970 UCE48E RAW Ass' o s S Z(,, PAec 1 403 DANIEL J. LYNCH Av6,oSY 29; 199g :SEP QQQ PROFE5510NAL ENGINEERS d 5URVEYOR5 :OMMERCIAL 5L, MARBLEHEAD, MA.,OI445_ o- 0 x.: e LOCUS MAP o 400 am �y 4 41 7- _: _(+ •F�dV,4FtD FERR15, - - �P0' Z'I NAPLE5 RD. I 5ALEM,MA. ®t SEE ENLARGEo �c c Sw 3.mF 3 AO XIF � . REALTY TRUST `� tl HALEY RD. 4P •% MARBLEHEAD, MA. ��oi� % ILW 10 k oo'Grit� FWM' � .• - s -''' �• H z _ nt- n eDANIE0 OF0 100 ZOOTHI5 PLAN 15 N07 BASED ON AN INSTRUMENT SURVEY. AND 5CALE f° 100' SHOULD NOT BE U5ED FOR txNcw H DETERMINATION-.OF PROPERTY is6 L1!\IES Np Eye '- t 17 L. izs�Isefl rz-zg._g3: PL N A COMPANYING PETITION OF PLAN SHEET 1 of 3 FRANKLIN STREET REALTY TRUST - CRAIG C. BURNHAM , TRUSTEE RM m LAND AT 14 FRANKLIN STREET d 5ALEM, MA., OfG70 of $ P .. 15951f550rZ5'r,Q Z(1 'PAfLG6(. 4 o-S ER DANIEL J. LYNCH aum,us-r -7. Iya3 g8ff frCFT 13 PROFESSIONAL ENGINEERS d 5U RVEYOR51 CHID COMMERCIAL ST., MARBLEHEAD, MA.,.01945 1 0O ; 6iU COMMONWEALTH OF MASSACHUSETTS i 3 EXECUTIVE OFFICE OF EN-vFi0_ IIhKNfA AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON,`IvIA b21 Od $17`� 225500' a ' M SALEM ARGEO PAUL CELLUCCI Governor BOB DURAND Secretary LANE SWIFT LAUREN A.LISS Lieutenant Governor Commissioner TO: Bob Durand, Secretary of Environmental Affairs FROM: Lois Bruinooge, Director Wetlands and Waterways Program DATE: September 11, 2000 RE: Jefferson at Salem, North River, Salem EOEA # 12145 The Department of Environmental Protection, Waterways Regulation Program (WRP), has reviewed the referenced Final Environmental Impact Report, noticed in the Environmental Monitor on August 9, 2000. The proponent proposes to construct 266 residential units in five 4-story buildings and 30 two-and-a-half story attached townhouses, and 424 at-grade parking spaces on a 14.7 acre site located entirely on filled tidelands of the North River. The site is located within a geographic area subject to jurisdiction pursuant to MGL Chapter 91, the Public Waterfront Act, and 310 CMR 9.00, the Waterways regulations, and a Waterways license is required pursuant to 310 CMR 9.05(1) in order to protect and promote the public rights to use the tidelands for water- dependent purposes. The project has evolved in a positive way as it has proceeded through the MEPA process. However, several permitting issues still exist. These issues, as articulated below, may be resolved during the Waterways licensing review process. Commonwealth tidelands: The Department has determined that the majority of the tidelands on site are filled private tidelands, and that the low water channel which extended through the site is Commonwealth tidelands. As such, the proponent will have to demonstrate through the Waterways licensing process that the additional standards for nonwater-depen dent use projects specified at 310 CMR 9.53 are met. These include providing at least one facility to promote water-based public activity, documenting that the appropriate amount of exterior open space is being provided for active or passive public recreation based on the area on site within the former low water channel, and documenting how the proposed alternative location for Facilities of Public Accommodation at Building 4 more effectively promotes public use and enjoyment of the tidelands on the project site than Building 1. This information is available to alternate format by calling our ADA Coordinator at(617)57L6872. DEP on the World Wide Web: http://w .magnet.state.ma.us/dep Q0 Pnnted on Recycled Paper EOEA # 12145 Page 2 The proponent should propose to the Department a facility to promote water-based public activity in accordance with 310 CMR 9.53(2)(a). To meet this standard, the Department recommends that the proponent consider enhancing the proposed "north viewing area"to provide picnic tables,benches, and other structures for active recreational activities. Regarding the documentation for compliance with the Commonwealth tidelands open space standard at 310 CMR 9.53(2)(b), the proponent should document that the space devoted to parking and vehicular use on the Commonwealth tidelands portion does not exceed that devoted to publicly accessible open space, that structured parking is not feasible, and present a table detailing the amount of Commonwealth tidelands contained in the low water channel, and the area of buildings and each land use [parking, roadways, swimming pool,non-publicly accessible open space (presumably traffic islands and the landscaped area around the swimming pool), publicly accessible open space, etc.] proposed to be located within the former low water channel. Because the Commonwealth tidelands open space standard interacts with the private tidelands open space requirements, for convenience, this table should be combined with a table, such as Table 4-1 of the FEIR on page 4-5, detailing the overall footprints of all buildings in relation to the size of the site. Parking for members of the public using the Publicly Accessible Open Spaces: The proponent agreed in the FEIR to provide 24 parking spaces for members of the public who may wish to use the waterfront park being created. An appropriate portion of these should be dedicated to users of the waterfront park and located along the waterfront, near the"north viewing area." This parking for members of the public using the waterfront park should be made available 24 hours a day, consistent with the Commonwealth tideland status of a portion of the site. Walkway Connections: During the licensing review process, the Department will examine the proposed alignment of the sidewalks extending through the site from adjacent public ways to the waterfront walkway in order to ensure that an effective pedestrian circulation network is created in accordance with 310 CMR 9.51(2)(d). Regarding the potential overhead walkway across the railroad tracks to the waterfront, the proponent will need to provide plans to the Department documenting that sufficient space is reserved to accommodate the overhead walkway should it be constructed by other parties in the future. Activity and Use Limitations Pursuant to the MCP: The site is a hazardous waste site. Remediation has taken place and the proponent established an Activity and Use Limitation (AUL) on the site pursuant to the Massachusetts Contingency Plan to protect the public safety. The proponent has proposed to modify the AUL in the Final EIR to permit pedestrian access for recreational purposes, but the proposed amendment does not permit access for playground use. The Department requests that the AUL be modified to not limit any public pedestrian use associated with park uses, including walking to and along the riverfront, and sitting and picnicking on park benches and landscaped areas, except for the three hot spots where pedestrian access for recreational purposes is sufficient. The proponent should also ensure that any AUL adopted does not preclude any fishing, swimming, or boating activities on the North River. Waterways License Application: The Department will be scheduling the public hearing required by MGL Chapter 91 after issuance of the Secretary's Certificate on the Final EIR. The Department anticipates working closely with the City of Salem and Massachusetts Highway Department in the EOEA # 12145 . Page 3 ` review of this project to ensure consistency with the different agencies permitting requirements. Please contact Thomas Maguire at (617) 292-5602 if you have any questions. Cc: Thomas Skinner, CZM, Andrea Cooper, CZM DEP NERO DWW, James Sprague Mayor, City of Salem Salem Planning Board Salem Planning Department Salem Harbor Commission Salem Conservation Commission Mass. Historic Commission R Y C?Inc. ENVIRONMENTAL SCIENTISTS•PLANNERS•ENGINEERS February 16, 1989 Mr. Steven Salvo 25 Raymond Avenue Salem, MA 01970 Re: Proposed residences (Houses) located at Pierce Road, Salem, Massachusetts, northwest shore of the Forest River estuary. Dear Mr. Salvo: IEP, Inc. has conducted a natural resource inventory of the Pierce Road site. This has included investigations of the site's vegetation, soils and hydrology per the requirements of the Regulations (310 CMR 10.00) of The Wetland Protection Act (MCL c.131, s.40) and Section 404 of the federal Clean Water Act administered by the U.S. Army Corps of Engineers. This inventory included delineation of vegetated wetland resource areas per 310 CMR 10.00 and Section 404; in particular, salt marsh and freshwater plant communities were delineated. Site conditions were found to be atypical, in so much as portions of the vegetative .communities established on artificial fill soils, while other portions are on disturbed natural soils. As a result, IEP conducted a detailed plant plot analysis and wetland soil investigations. This data is summarized in Appendix A. Portions of the vegetated vetland resource areas are typical of disturbed areas adjacent to urban areas. These are not high quality undisturbed natural vegetated wetlands, but are considered lover quality atypical wetlands. This is not to say that these vegetated wetland are not significant per 310 CHR 10.03, since all vegetated wetlands in Massachusetts are significant to one or more of the eight statutory interests of the Act, especially salt marsh. Vegetated wetlands at this site occur partly in response to disturbance. The vegetated vetland boundaries were flagged in the field by IEP. These flags were surveyed by Carter and Towers Engineering Corporation and are shown on the Definitive Plan, dated September 30, 1988, scale 1'-401 , sheet 1 of 2. IEP has reviewed the "Definitive Plan, Pierce Road, Salem, Massachusetts", prepared by Carter and Towers Engineering Corporation, 5 Fairview Avenue, Swampscott, MA, dated September 30, 1988, scale 1"a401 , prepared for Joyce P. Salvo, consisting of 2 sheets. This plan shows that no work or fill will be conducted nor placed in any salt marsh or other vegetated vetland. The homes will be serviced by sewer and no septic systems will be constructed. Normal erosion and sediment control methods consisting of hay bales and siltation fabric fencing will be used. Riprap is proposed on the 2 to 1 slopes of the proposed roadway. All other disturbed areas are to be seeded to establish an erosion-controlling vegetative cover. 6 Maple Street•P.O. Box 780•Northborough•MA 01532•(508)393-8558 (617)890-2130 FAX:(508)393.8647 Steven Salvo -2- February 16, 1989 It is IEP's professional opinion, based upon the above described site conditions and on the proposed activities, as shown on the Definitive Plan, that no adverse impacts should occur to the on-site salt marsh or fresh marsh during or after the construction of the proposed project. The project meets the Performance Standards for such activities required by 310 CHR 10.32(3) and (10.55(4). It is our understanding that the project has been reviewed by the Corps of Engineers and they have issued a determination that A Section 404 permit is not required. Please call me if you have any further questions. Yours very truly, IE�P,� Inc.. / \ Garrett G. Hollands J Principal-In-Charge Wetland Group GGH/mmc Steven Salvo -3- February 16, 1989 APPENDIX A Soils The soils on the Pierce Rd. site in Salem, HA were observed utilizing a Dutch type hand auger. Several borings were performed in the area dominated by reed canary grass. Organic soils (Peaty muck) are prevalent throughout this area to a depth of 21 plus inches often interspersed with fill up to a depth of 18 inches. Steven Salvo -4- February 16, 1989 VETLAND PLANT LIST SITE LOCATION: SALVO-1, n/side of Pierce Rd., Salem, Mass. PREVALENCE SCIENTIFIC NAME COMMON NAME INDEX* OCC Acer saccharum sugar maple FACU OCC igropyron repens quackgrass FACU COM Aster sp. asters -- OCC Carex sp. sedge -- COM Cornus stolonifera red-osier dogwood FACW+ OCC Daucus carota Queen Anne's lace tOU " CD Distichlis sspicata saltgrass 'FACW+ COM Iva frutescens high tide bush FACW+ OCC Juncus effusus soft rush FACW+ OCC Juncus gerardii black grass FACW+ SC L ty hrum salicaria purple loosestrife FACW+ OCC Oenothera biennis evening primrose FACU- OCC Phleum pratense Timothy FACU COM Phragmites australis tall reed FACV COM Puccinellia maritima seashore alkaligrass OBL OCC Rhus typhina staghorn sumac c0U` SC Rubinia pseudoacacia black locust OUP COM Rosa rugosa rugose rose OU OCC Rubus occidentalis black raspberry -- OCC Salix sp. willow -- CD Spartina alterniflora tall cordgrass OBL D S artina patens salt meadow cordgrass FACW+ COM Trifolium pratense red clover NA OCC Typha latifolia broad-leaved cattail OBL COM Vicia cracca cow vetch 'OU,_ *INDEX DEFINITION OK Obligate Hydrophyte: Nearly always occurs in wetlands (greater than 99% of the time). FACV, FACW+, FACV- Facultative Wetland: Usually occurs in wetlands (66-99X of the time). FAC Facultative: Commonly occurs in both wetlands and uplands (33-66% of the time in wetlands). FACU Facultative Upland: Usually occurs in uplands, but may occasionally occur in wetlands (less than 33% of the time in wetlands). NA Not Applicable: Conflicting review of classification. -- Not defined to species level. * Dominance Rey: (D) =DOMINANT, > 50% representation in a plant community. (CD) =CO-DOMINANT,estimated 35-49% representation in a plant community. (C) =COMMON, estimated at 25+ % representation in a plant community. (OCC)=OCCASIONAL, estimated at 10+ % representation in a plant community. (SC) =SCANT, estimated at < 5% representation in a plant community. COMMONWEALTH OF MASSACHUSETTS ***************************************** * * * JOYCE P. SALVO * * * vs. * APPEAL * * * CONSERVATION COMMISSION * OF THE CITY OF SALEM * * ***************************************** FACTUAL BACKGROUND ------------------ I am the Appellant, Joyce P. Salvo. I own two parcels of land located on Pierce Road (Paper Street) along the northwest shore of the Forest River Estuary in Salem, Massachusetts. I filed a Notice of Intent on November 29, 1989 with the Salem Conservation Commission for the proposed construction of two single family homes, driveways, utilities, and a roadway within the wetland buffer zone. Attached to the Notice of Intent were two separate reports prepared by IEP, Inc. , Environmental Scientists of Northborough, Massachusetts, along with plans drawn by my Registered Engineer, an Army Corps of Engineer's Letter, and other pertinent documents regarding the proposed project. A Public Hearing was held on Thursday, December 14 , 1989, with my Engineer of Carter & Towers Engineering of Swampscott, Massachusetts and my Attorney, John Serafini of Salem, Massachusetts in attendance to answer any questions regarding the project. It was decided at the hearing to conduct a site inspection of the property during a full moon and at extreme high tide for the purpose of determining if the high tide rose and overflowed onto the area where the proposed roadway would be 2 located. Also the Conservation Commission requested that the centerline for the proposed roadway and the four corners of each proposed home be staked by my Engineer for the site inspection. I might add that one home will be for myself, the other for another family member. The site inspection was held on Saturday, January 13 , 1990, at noontime. An Engineer of Carter & Towers Engineering of Swampscott, Massachusetts, who was also in attendance, staked the centerline for the proposed roadway, the four corners of each proposed home, and answered any questions pertaining to my proposed project. Water from Forest River did not overflow onto where the proposed roadway would be located. Members of the Conservation Commission, my Engineer, and I walked all around my property. No nesting areas for wildlife were found. A few members of the Conservation Commission suggested to me that instead of developing the Paper Street (Pierce Road) it might be wise to construct a private driveway behind the homes (at the rear lot lines) which would be outside the 100' salt marsh buffer zone and have less impact to the marsh. I felt that this was a good idea so at the Public Hearing held on Thursday, January 25, 1990, I requested a continuation to February 22, 1990 to further evaluate my options. Some neighbors were concerned about the continuation to February 22 because it was during school vacation and they would not be able to attend. I agreed to continue the hearing until March 8 , 1990. During the interim, I met with my Engineer, informally with members of the Planning Board at their regular meetings on February 1 and Feb- ruary 15 who also conducted a site inspection on February 3 . Members of 3 the Planning Board in attendance at the site inspection recommended that the driveway be constructed at the rear lot lines (behind the homes) away from the marsh. I also met with representatives of the State Department of Public Works, the Building Inspector, Capt. Turner of the Fire Department, and the Assessor's Office for the purpose of ob- taining their input and advice on my proposed project. Based on their suggestions and recommendations, my Engineer amended the Definitive Plan by adding a driveway at the rear of the lots and deleting the construction of the proposed roadway on the Paper Street (Pierce Road) . The amended Definitive Plan was filed with the Con- servation Commission on March 7 , 1990 with two copies sent to your office (DEP) . A Public Hearing with the Conservation Commission that was con- tinued from January 25, 1990 was held on March 8, 1990. I appeared before the Conservation Commission with my newly revised Definitive Plan and gave testimony. The Conservation Commission, on March 29, 1990 hand delivered to my home, a Decision opposing the issuance of an Order of Conditions and a denial of my application. A copy of which is attached hereto. No documentary or expert evidence was presented by those in opposition to form a basis for the denial. APPEAL OF DECISION BY THE SALEM CONSERVATION COMMISSION ------------------------------------------------------- I , Joyce P. Salvo, the Appellant, pursuant to Massachusetts General Laws Chapter 131, Section 40 (The Wetlands Protection Act) and regula- tions thereunder, 310 CMR 10. 00 et. seq. as a person aggrieved hereby 4 . appeal the Decision issued on March 29, 1990 by the Salem Conservation Commission and cite as reasons therefor the following: 1 . I did not receive an Order of Conditions prohibiting my project other than a copy of a Decision, typed on Conservation Commission stationary dated March 29, 1990 which was hand delivered to my home on that date. The Decision opposing the issuance of an Order of Conditions was not signed by a majority of Conservation Commission members as required by 310 CMR 10. 05 (6) (e) and MGL Chap. 131, Section 40. It was only signed by the Chairman. See copy attached. I believe this is highly improper and contrary to the Wetland Regulations and MGL Chap. 131, Section 40. 2 . I have made appropriate engineering revisions to my original Definitive Plan by proposing a driveway at the rear of the lots to be located outside the 100' salt marsh buffer zone and deleting the proposed con- struction of Pierce Road which would have been nearer to the marsh. The purpose of the revisions is to have less impact on the salt marsh and to further contribute to the protection of marine life and other interests. The driveway will be constructed to provide proper drainage and runoff as was prior to construction. It will not restrict the flow of water. The homes were also moved further away from the marsh for the same purpose. Safeguards will be implemented by the establishment of 5' wide or more grass strips alongside the driveway and grass will be established around the homes for the diffusion of surface runoff to ensure further protection of the isolated wetland and salt marsh. 3 . Storm damage prevention or flood control: IEP's interpretation of the artificial coastal bank is significant to storm damage prevention or flood control because it is a vertical buffer to storm waters. The artificial bank, vegetated with upland forbs and grasses, was apparently created when fill was pushed laterally aside during sewer line construction (before my owner- ship of this property) ; the top of the bank is approxi- mately 3 ' above high marsh elevation (refer to Pages 2 & 3 of the IEP Environmental Report dated July 27, 1988) . Ref. 310 CMR 10. 30 (2) and (5) 4 . There is no Estimated Habitat of State-listed Rare Wetlands Wildlife at this site, ref. Massachusetts Division of Fisheries and Wildlife, Natural Heritage and Endangered Species Program, 1988 Edition (refer to IEP Report dated July 27, 1988, Page 3) . 5 . The site falls between a designated 100- and 500-year flood. It does not appear that Land Subject to Flooding as defined in 310 CMR 10. 57 occurs on this site (refer to IEP Report dated July 27, 1988, Page 3) . Ref. 310 CMR 10. 57 (2) (a) , Bordering Land Subject to Flooding 6. During construction, normal erosion and sediment control methods, consisting of haybales shall be placed along the perimeter of the isolated wetland. Haybales and mirafi fabric shall be placed along the top of the existing bank. No adverse impacts should occur to the on-site salt marsh or fresh marsh during or after the construction of the proposed project as indicated on the Definitive Plan. 7 . The revised Definitive Plan shows that no work or fill will be conducted or placed in any salt marsh or other vegetated wetland. The homes will be served by sewer and no septic tanks will be constructed. Ref. Defini- tive Plan, revised March 5, 1990 8 . Gradings on the final plans shall be permanently stabilized by the application of loam and seed around the homes . Ref. Proposed Topography on Definitive Plan revised March 5, 1990 9. To prevent pollution, herbicides and pesticides will not be applied, only organic fertilizers will be applied during the time of the year that the vegetation is incorporat- ing plant nutrients. 10. A list outlining 12 recommendations that would be adhered to was also submitted to the Conservation Commission for their consideration at the last hearing (see attached) . 11 . Contrary to the conclusion of the Conservation Commission's Decision, the proposed project will contribute to the protection of the interests identified in the Wetlands Protection Act by complying with the General Performance Standards established by 310 CMR 10. 32 (3) and 10. 55 (4) for that area (refer to IEP Report dated February 16, 1989 , Page 2) . 6 It should be noted that all other alternative means of gaining access to my property were explored. I have not only revised the plans that were submitted with my Notice of Intent on November 29 , 1989 ; but that other plans were made prior to filing my Notice of Intent, and were discarded because of the road's proximity to the marsh. I believe after consulting with the experts in this field that the revised plan showing the location of the homes, driveways, etc. as it now stands is in the best interest of protecting the wetlands and will be a contributing factor in protecting the Statutory interests related thereto. By this Appeal, I hereby respectfully request that the Department of Environmental Protection conduct an appropriate on-site inspection and issue a Superseding Order of Conditions. Respectfully Submitted, Joyce P. Salvo 25 Raymond Avenue Salem, MA 01970 Business Phone (617) 565-3289 Home Phone (508) 744-2721 Enclosures -��(tOS COS Conservation Con imission Salem, Massachusetts 01970 "IASSAL�� t Memorandum To: Debra Hurlburt, Chairperson Salem Conservation Commission From: Don Cefalo Date: 10/13/00 Re: Salvo-DEP File#64-184 Ca: Debra, On Friday, October 13, 2000, I contacted (left a message on voice mail) Jim Sprague, Section Chief, Department of Environmental Protection (DEP), Division of Wetlands and Waterways. The message I left informed Jim that in regards to the Salvo property, DEP #64- 184, the Salem Conservation Commission does not object to DEP extending the Superseding Order of Conditions for another one-year period. This matter was discussed and voted on at the Commissions October 12, 2000 meeting. I also spoke to Salem City Solicitor John Keenan about the Commissions decision. 6 Maple Street- P.O. Box 780 Northborough, Massachusetts 01532 E InC. (508) 393-8558/890-2130 FAX: (508) 393-8647 July 27, 1988 SALVO-1 Mr. and Mrs. Steven Salvo 25 Raymond Avenue Salem, Mass. 01970 re: Wetlands determination for property in Salem, Massachusetts; located east of US Rte. 1A, north of Pierce Road (paper street) and to the northwest side of Forest River (off Salem Harbor) . Dear Mr. and Mrs. Salvo: This letter is to document IEP's findings on wetland identification and boundary delineation at the site referenced above. Field work took place on June 8, June 30 and July 12, 1988. On June 8, I met with you on the property, in company with your attorney, Mr. George Hall, for a brief overview of the site. Location of the wetland boundaries in the field was primarily on the basis of greater than or equal to 50 cover of wetland-indicator vegetation, as per the Massachusetts Wetlands Protection Act (MGL c. 131, s.40) and as recognized by the U.S. Fish & Wildlife Service's National Wetlands Inventory (NWI) . An appendix to this report is a plant list for the site based on the NWI's ratings of wetland-indicator species in the Northeast Region. In addition, it is IEP's approach to delineate wetlands according to the U.S. Army Corps of Engineers' multiparameter method for that agency's jurisdiction of freshwater and coastal wetlands under Section 404 and/or Section 10 regulations. This methodology uses vegetative, soil and hydrologic criteria in determining wetlands and their boundaries. In this way, wetlands are located with the intent that local, state and federal regulatory needs may be met. On July 20, 1988, this office sent a diagram of the wetland boundary flagging to your surveyor, Mr. Dave Tarrazone of Carter & Towers Engineering Corp. , for his reference. The wetland boundaries have been flagged with pink and black-striped surveyor's tape numbered at approximately 50-foot intervals, to total 25 flagged points in the field. When the wetland boundary has been surveyed onto your site plan, please arrange to forward a copy of it to our office for verification. ENVIRONMENTAL SCIENTISTS • PLANNERS • ENGINEERS i E Rn c. Mr. S Mrs. Steven Salvo -2- July 27, 1988 The wetland communities at this site are varied. Coastal, brackish and freshwater wetland areas are found, and wetland areas show a history of alteration associated with placement of a sewer line along the paper street (Pierce Road) bordering the waterfront of the Forest River estuary. As discussed June 8, the sewer line apparantly was placed in 1983. Because of the nature of the sites wetlands (ranging from tidally-influenced to freshwater) combined with atypical conditions resulting from the sewer line construction, regulatory applications to these wetlands may be varied as well. Under the Massachusetts Wetlands Protection Act, IEP finds the following Resource Areas at the site: 1) Land Under the Ocean (tidal open water), 310 CMR 10.25; 2) Coastal Bank (an artificial fill slope) , 310 CMR 10.30; 3) Salt Marsh, 310 CMR 10.32; •4) Bank (on ditched intermittent flow), 310 CMR 10.54; 5) Bordering Vegetated Wetland, 310 CMR 10.55; 6) Land Under waterway (ditched intermittent flow), 310 CMR 10.56. Of the above Resource Areas, the first three do not fall directly on the property; however, ref. 310 CMR 10.02(1) and (2) , ". . .activity proposed or undertaken within. . . the 100-foot (Buffer Zone) of. . an Area Subject to Protection Under the Act—which, in the judgement of the issuing authority will alter an Area Subject to Protection Under the Act is subject to regulation under the Act and requires filing of a Notice of Intent." The salt marsh was flagged because it appears possible that any proposed activity on the property be within the 100 foot Buffer Zone from the salt marsh and other coastal Resource Areas. The top of the Coastal Bank (artificial) and the Land Under the Ocean are two Resource Areas listed above which were not located by our flagging--it is recommended that these Areas be located by survey methods and shown on the site plan(s). Coastal wetland at the site is salt marsh associated with the Forest River estuary. Low salt marsh zones are represented by tall cordgrass (Spartina alterniflora) and the high marsh community is dominated by salt meadow cordgrass (S. patens), black grass (Juncus gerardii) and spike grass (Distichlis s icata). The landward boundary of high salt marsh was delineated along the toe of an artificial berm or bank. This artificial bank, vegetated with upland forbs and grasses, was apparantly created when fill was pushed laterally aside during sewer line construction; the top of the bank is approximately 3 feet above high marsh elevation. In most places, it appears that the Upper salt marsh had been encroached upon during sewer line construction. There has been a seaward invasion of upland forbs and grasses which colonize the artificial fill slope onto the upper reaches of the salt marsh. Because the fill slope along the landward edge of the salt marsh may be i � ?c. Mr. & Mrs. Steven Salvo -3- July 27, 1988 significant to storm damage prevention or flood control becasue it is a vertical buffer to storm waters, IEP interprets the feature as an artificial Coastal Bank, ref. 310 CMR 10.30(2) and (5) . At points where a manmade ditch traversing the sewer line easement cuts through the artificial bank and discharges to the salt marsh, wetland delineation continued landward. Banks of this manmade ditch were delineated as intermittent flow, forming hydrologic connection between the salt marsh and a brackish-to-fresh wetland area located further landward. Apparantly, this manmade ditch was created sometime after sewer line construction in order to promote drainage of inland areas to the estuary. Functional as a hydrologic connection between inland wetland and the estuary, this ditch is therefore interpreted as Land Under Waterway, ref. 310 CMR 10.56. The inland wetland on the site is a marsh and shrub swamp community, represented by tall reed (Phragmites australis) , soft rush (Juncus effusus) , willow (Salix sp. ) , red-osier dogwood (Cornus stolonifera) and sedge (Carex sp. ) . Tall reed dominates the wetland, and soil auguring took place to confirm the presence of hydric soils--here, hydric soils are characterized as a mucky peat. At the periphery of the wetland, additional tall reed is found on old fill soils and such areas were excluded from wetland delineation based on the absence of hydric soils and lack of any other wetland-indicator vegetation. Based on our experiences, tall reed is a known invader species of disturbed areas and it is our opinion that, for this species to occur as wetland, hydric soils and/or other wetland-indicator vegetation must also be present. Patches of salt meadow cordgrass are found interspersed with upland grasses and (orbs on either side of the ditch within the sewer easement; however, transect data did not result in at least 50% cover of wetland indicator plants. In addition, no hydric soil characteristics are observed and the area was not delineated as wetland. The substrate is packed fill material (gravel, tar, rock, etc. ) and it appears that some salt meadow cordgrass persists after disturbance, where peat fragments may have intermixed with the fill material during sewer line construction. Ref. NFIP/Flood Insurance Rate Map (copy enclosed), the site falls between a designated 100- and 500-year flood. Ref. 310 CMR 10.57(2)(a), Bordering Land Subject to Flooding is "the estimated lateral extent of flood water which will theoretically result from the statistical 100-year frequency storm." Based on the available NFIP data, it does not appear that Land Subject to Flooding as defined in 310 CMR 10.57 occurs on this site. There is no Estimated Habitat of State-listed Rare Wetlands Wildlife at this site, ref. Massachusetts Division of Fisheries & Wildlife, Natural Heritage & Endangered Species Program, 1988 Edition. iE ?c. Mr. 6 Mrs. Steven Salvo -4- July 27, 1988 Please be advised that any filling proposed in the wetlands above the mean high water mark at this site would require permit application with the U.S. Army Corps of Engineers under Section 404 regulations. Should you have any questions regarding the wetland delineation and this report, or for further regulatory advisory, please do not hesitate to call me at our Northborough office. Thank you. Sincerely, IEP,Inc. 104,60 Irene Kenenski Sr. Wetlands Scientist ijk/encls cc: George Hall, Esq. WETLAND PLANT LIST SITE LOCATION: SALVO-1, n/s Pierce Rd. , Salem, Mass. SCIENTIFIC NAME COMMON NAME INDEX* Acer saccharum sugar maple FACU Agropyron repens quackgrass FACU Aster sp. asters -- Carex sp. sedge -- Cornus stolonifera red-osier dogwood FACW+ Daucus carota Queen Anne's lace OU Distichlis spicata saltgrass FACW+ Iva frutescens high tide bush FACW+ Juncus effusus soft rush FACW+ Juncus gerardii black grass FACW+ L ty hrum salicaria purple loosestrife FACW+ Oenothera biennis evening primrose FACU- Phleum pratense timothy FACU Phragmites australis tall reed FACW Puccinellia maritima seashore alkaligrass OBL Rhus typhina staghorn sumac OU Robinia pseudoacacia black locust OU Rosa rugosa rugose rose OU Robus occidentalis black raspberry -- Salix sp. willow -- Spartina alterniflora tall cordgrass OBL Spartina patens salt meadown cordgrass FACW+ Trifolium pratense red clover NA Typha latifolia broad-leaved cattail OBL Vicia cracca cow vetch OU *INDEX DEFINITION OBL Obligate Hydrophyte: Nearly always occurs in wetlands (greater than 99% of the time). FACW, FACW+, FACW- Facultative Wetland: Usually occurs in wetlands (66-99% of the time). FAC Facultative: Commonly occurs in both wetlands and uplands (33-66% of the time. in wetlands). FACU Facultative Upland: Usually occurs in uplands, but may occasionally occur in wetlands (less than 33% of the time in wetlands). NA Not Applicable: Conflicting review of classification. __ Not defined to species level. 4 Lions Lane ,ECg E D Salem, MA 01970 13 Ca lv: 03 n�1�7 .tj t,C � June 10, 2000 - F� Susanne McCarthy, Environmental Analyst Department of Environmental Protection 205A Lowell Street Wilmington; MA 01887 RE: DEP File No. 64-184, Assessor's Lot#316, Pierce Road, Salem, MA Street Address: 265 Loring Avenue Dear Ms. McCarthy: I am writing this letter to inquire as to whether construction of a utility room would be permissible under the living area.of my proposed home (similar to the sketch enclosed). The utility room would provide protection to the water line, as well as the sewer line. I am concerned that the pipes may freeze during the winter months, especially if there were power outages. The stairs leading to the first floor will also be included in this enclosed area for security purposes. Boring tests were conducted on Wednesday, May 17, 2000. The results showed the soil conditions to be more than adequate to allow for the construction of a utility room. The results of these tests are enclosed for your perusal. Also on a recent visit to Plum Island in Newbury, I talked to a few owners of homes that are built on piles and were informed that DEP allowed them build a 100 sq. ft utility room. This request will not alter any area subject to protection under the wetlands protection act. Thank you in advance for your attention to this matter. If you have any questions, I can be reached at (978) 744-6791, Sincerely, Joy e Salvo Enclosures (2) cc: Salem Conservation Commission ; y Sk Q WR FM - 14 il 14 41 EM 5 o Since 1951 CARR-DEE CORP. Complete Soil Investigation Service 37 Linden Street• P.O. Box 67•Medford, MA 02155-0001 •Telephone (781) 391-4500• Fax(781) 395-3231 May 18, 2000 Joyce Salvo 4 Lions Lane Salem, MA 01970 we hand you herewith the results of subsurface investigation _ (one copy), soil samples accompanying, made as directed at site of 265 Loring Avenue, Salem, MA. At your earliest convenience, please furnish this office with _ a plan or sketch showing test boring locations, in order to complete our file. - in making inquiries, refer to our Job No. 1000. Very truly yours, 1 CARR-DEE CORP. Vr J. Simone Principal - HJD/sd CARR-DEE CORP. 37 LINDEN STREET P.O. BOX 67 MEDFORD, MA 02155-0001 Telephone (781) 391-4500 To: JOYCE SALVO, 4 LIONS LANE, SALEM, MA Date: 5-18-00 Job No. : 1000 Location: 265 LORING AVENUE, SALEM, MA Scale: 1 in.=8 ft. 8 BORING i GROUND SURFACE - S#1, 0' to 2' LOAM, Loamy Sand (1-1-2-3) 2'6" RECOVERED 12 in. Very Stiff, S#2, 5' to 7' Yellow CLAY (8-12-16-18) RECOVERED 20 in. s_ 8i6u Medium Dense, S#3, 10' to 12' FINE SAND AND (8-12-13-16) INORGANIC SILT RECOVERED 20 in. 12'6" Dense, FINE SAND, Gravel, S#4, 15' to 17' (41-18-16-19) Stone, Inorganic Silt RECOVERED 12in. S#5, 18' to 20' (18-13-22-18) 20, RECOVERED 10 in. WATER LEVEL 9' SIZE OF AUGERS 3-3/4" I.D., LENGTH 15'0" DRILLER: J. CENTRELLA DATE STARTED & COMPLETED: 5-17-00 Alb samples have been visually classified by DRILLER. Unless otherwise specified, water levels noted were observed at completion of borings, and do not necessarily represent permanent ground water levels. Figures in parenthesis indicate the number of blows required to drive Two-inch Split Sampler 6 inches using 140 lb. weight falling 30 inches(±). Figures in column to left (if noted) indicate number of blows to drive casing one foot, using 300 lb. weight falling 24 inches (±). Sheet 1 Of 1 CARR-DEE CORP. 37 LINDEN STREET P.O. BOX 67 MEDFORD, MA 02155-0001 Telephone (781) 391-4500 To: JOYCE SALVO, 4 LIONS LANE, SALEM, MA Date: 5-18-00 Job No. : 1000 Location: 265 CORING AVENUE, SALEM, MA Scale: 1 in.=8 ft. 8 BORING 2 GROUND SURFACE LOAM FilS#1, 0'. to 21 2' (1-2-2-3) 3, MMY OLD, Some Gravel rl RECOVERED 20 in. S#2, 2' to 3- (4-6) RECOVERED 10 in. S#2A, 3-,to 4- Very Stiff, (10-10) RECOVERED 10 in. Yellow CLAY S#3, 5- to 7- (10-16-21-27) RECOVERED 18 in. S#4, 101 to 12- 12'6o (5-6-9-12) RECOVERED 24 in. :Medium Dense, FINE SAND S#5, 15' to 17' Inorganic Silt, (9-11-12-14) Gravel RECOVERED 24 in. S#6, 18' to 201 20' (11-13-14-14) RECOVERED 18 in. WATER LEVEL 9- SIZE OF AUGERS 3-3/4o I.D., LENGTH 15'0-- DRILLER: J. CENTRELLA DATE STARTED 8 COMPLETED: 5-17-00 k(L samples have been visually classified by DRILLER. Unless otherwise specified, water levels noted were observed at completion 4 borings, and do not necessarily represent permanent ground water levels. Figures in parenthesis indicate the number of btows equired to drive Two-inch Split Sampler inches using 140 lb. weight falling 30 inches(t). Figures in column to left if noted) indicate number of blows to drive casing one foot, using 300 lb. weight falling 24 inches (t). Sheet 1 of 1 CARR-DEE CORP. 37 LINDEN STREET P.O. BOX 67 MEDFORD, MA 02155-0001 Telephone (781) 391-4500 To: JOYCE SALVO, 4 LIONS LANE, SALEM, MA Date: 5-18-00 Job No. : 1000 Location: 265 LORING AVENUE, SALEM, MA Scale: 1 in.=8 ft. 8 BORING 3 GROUND SURFACE LOAM, Loamy Sand S#1, 0' to 2' 2, (1-2-2-3) RECOVERED 12 in. S#2, 2T to 4' (8-14-20-29) RECOVERED 18 in. Hard to Very Stiff, S#3, 5' to 7' Yellow CLAY, R16-25) RECOVERED Some Inorganic Silt RECOVERED 20 in. S#4, 10' to 12, (8-12-13-20) Z 1216„ RECOVERED 24 in. - Medium Dense, FINE SAND, Some Inorganic Silt, - S#5,. 15' to 17' (8-10-11-13) 17,6„ RECOVERED 24 in. Dense, FINE AND COARSE SAND, S#6, 18' to 20' Some Gravel, Inorganic Silt (20-15-16-12) 20' RECOVERED 7 in. WATER LEVEL 12-611 SIZE OF AUGERS 3-3/0 I.D., LENGTH 15'0" DRILLER: J. CENTRELLA DATE STARTED & COMPLETED: 5-17-00 All samples have been visually classified by DRILLER. Unless otherwise specified, water levels noted were observed at completion of borings, and do not necessarily represent permanent ground water levels. Figures in parenthesis indicate the number of blows required to drive Two-inch Split Sampler 6 inches using 140 lb. weight falling 30 inches(,). Figures in column to left (if noted) indicate number of blows to drive casing one foot, using 300 to. weight falling 24 inches (±). Sheet 1 of 1 <i RECEN/ED rc, `; 13 �N 01 t;0 4 Lions Lane SALEM Salem, MA 01970 P�� p ;i.t�; DE PT April 15, 2000 Susanne McCarthy, Environmental Analyst Department of Environmental Protection 205A Lowell Street Wilmington, MA 01887 RE: DEP File No. 64-184 Assessor's Lot No. 316, Pierce Road, Salem, Massachusetts Street Address will be 265 Loring Avenue Dear Ms. McCarthy: In accordance with the Superseding Order of Conditions issued for the above-referenced project, I am providing the following information: 1. a. As required by General Condition No. 8, the recording information has been included in the form found at the end of the Superseding Order of Conditions (Page 5413). b. As required by the Extension Permit, the recording information has been included in the form found on the last page of the Extension Permit. W 2. As required by Special Condition No. 31(a), I am submitting proof that the Superseding Order of Conditions and the Extension Permit were recorded at the Essex County Registry of Deeds in Salem, Massachusetts. 3. As indicated in Special Condition Nos. 16(e) and 19, the administrative liaison for the Conservation Commission, Steve Dibble, was contacted on April 10, 2000 re: the erosion control measures and the no work zone fence. He verbally authorized the project to proceed provided the measures as shown`6n the plan are followed. 4. As required by Special Condition No. 14, I am submitting a plan showing the proposed sewer line extension for the proposed home on Lot #316. A copy of this plan will also be given to the Conservation Commission. The sewer line extension is also shown on the Definitive Plan that was previously filed with your department. i r 2 As the project moves forward, the DEP will be notified and additional information will be provided as specified in the Superseding Order of Conditions. If you have any questions on the above, I can be reached at 978-744-6791. Sincerely, JU Jo a Salvo Enclosures cc: Steve Dibble, Administrator, Salem Conservation Commission (w/encls.) 'cai�r.'_ur ii..:v � _.�iu �.v.lH.. ..W"�✓/.`u .m.... _: . ... ....J.3 v 1i ii�a._ �v�• .v...�.�..._..�..��r to D=?irtment 0_ En _ronmenial ?rote�aon •ssuthg AUMOMY "fin P��` ihflil c% 4�, r Ftease be aD.r/seD Wt prz PDF of COndihons io me pgeCf at n. � ssf . Fhe Npnber �/ �� has been re[ ded at the Regtstry Of //7�r s'77(li`"•"�'—^nD .;�3`. has been nbieD m Me Crtan ul liae of the alieCted pobeT'm acC oanCe. M Gen"ai Condition b im—At 1. 1t reCpoeo land.the mstnat. I n o.et whMh tdenhirCs this Dansatlgn u £'�K /3�l-%3 h P< s• h teg'sleted land.the ovowheni nuthbn whrCh tdenhiles Mis Rinsaebon rs SiOnilUte�/ CC' ✓ 4L CAL fL/ f//t' ACphCanl Y.`�,�a. / F 5-4B ��- F .......................................................................................:........................................... To Department of Environmental Protection Issuing Authority Lot No. 316, Pierce Rd. , Please be advised that the Extension Permit to the Order of Conditions for the project at Sa!,._ MA File Number 64-184 has been recorded at the Registry of.p ,Salrm,ML IC1441 ,��d has been noted in the chain of title of the affected property in accordance with the general conditions on —DTo.,Pm 7 , 1997 _If recorded land, the instrument number which identifies this transaction isBK 13439 P( 3() . If registered land the document number which identifies this transaction is Signature % Applicant DEP File #: 64-184 • r 310 CMR 10.99 Form 6 i ! M cJ 'i "i Commonwealth Rebpeq,p MOB n: of Massachusetts cdyrta SALEM AP0cm SAI Vo . SUPERSEDING 01/i.9/97 09.59 Inst 107 Order of Conditions BK Massachusetts Wetlands Protection Act ` PG 506 G•L.c.131,§40 Fr - Department of EnvirpnmentAl protection To Joyce P. Salvo. Same (Name ofApplicant) (Name of property Owner) Address 25 RaYs�htl Avertuer Salem, MA owner). 01970 Address This Order Is Issued and delivered as lonows: • ❑c byhenddellveryloaDplioantor opresents*em s1 by certified man,return recelpt requested on August 9, 1990 (date) This prgecfbb -- (date) located Assessors lot rlo's 316 017 Pierce Road The PrOpertyls recorded at the Registryof South Essex 9578 Book_ 9495 25 ,,. _Page- 6- Certificate(ff registered) . The NOVcs of Intent for this prgect WAS Mod on Novtaeber 29, 1989 The public hearing was closed on March - 1990 (date) Findings � (date) The Department Intent and Plana and has held a publid heann h°s reviewed the above-referenced Notice of Dapartment g on the project,eased on the information available to the the area On which the at this fine.the DBDarttrwnt WOPOaetl work Is 10 be done is eipnlljcent 10 me IWl interests determined eete yak ethatn the Pheck aslans pp of rte)Significance set forth NMe regulations for each Area Subject to Protection Under the Act(check as appropriate): Public water supply Private water supply ® Flood control ❑ containing shellfish c Ground water supply ® Storm damage prevention lantl LAnd a Prevention of pollutlon Protection of wildlife habitat Total Flling fee Submitted ' Cityrtown Share State Share Total Refund Due S�� Cltyrto Pgportion S lee N excess o1$25) M total) State Portion S Effective 11/10/89 tyr total) ^ � S•1 �r� �+�Up \ i ti - BK 13952 PG 514 Issued by the Depanment of Enw,opm4nental P`vrIip $ional"eOn fm� `/JJt L ntl.. pp�� August 19 90 .befare Iris p@rsOhaeV so erect In 17.y lAx , x., 1 near tQ M known to be Ins Pelson descl. ad nand who eYeculedthe Iaeoolnp.navumem an ec nowleopso that hmhe etlacwed the same as Ilmhel 0antl d.>6 January 15, 1993 o a, racy A. 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IDI �CM,dtl•Mme.ge'Na•IM lebonDM wmpwgwDvlY lilgwleMHfl.•nd.ereblrrnlyd lw egMrq.Meww aM • ea•elw gbmer. fq IMn.w••ntl.00MNtaDon elnd Dgllea.s Ylbvn: IDI •tbq•Midre4a rlgrmr,11 o1111w INb M41rd•eINMaId M•dOrrr0lnp.le11M O01Rwnr 1e NW 8VDrrerOnp Dleel, MLIIIOIrq roepnGXS M•M•nnN n wMnllb•MOOrO bar Ynd441M1 vwM M•DGD•MN•nl/WG14Mr RleVl/IrpM la\D CMR 1 y ODI.nD OOM I101 GMIn111111 bw dglClgn q IM MG,«O.wnM1YpM IM I,GL iM 1d1 w IGMI NIIOn11MDVDn Mt rON' dt•Igy ntgnD.nelYaeb.p•Nlrc•M Me Gn•n0e•b«aa n IM 6ubli•anp Ikaq: Irl .RlgrmYn!nal•COPY OI A[.eDwrl n•i Dr•n a.nl b the GOdTN1.IM Gen•M1.bn Odnnrr•mn•n1l eNn eMw O.11Y d,.D I+NnI.1M1.OI G V G11 OMY.O I.nenT. i•VVI�10/VMYI dl n•C.rLry IMOIM•,bn M•V\f/WI m G G4n4W by In•Of0•nIMIN d IM rblK•OI DI•M Id M I.DNDit•IOry MIMmO 0«anen aquelM.ma Nemn le M• Department w.wbcemm......M of..en. to Department Of Environmental Protection :/vinrq AWrvm Dle ie ee.e+nee trot Meawr of Cene,eeN ld lM qd.n• r.y Ndnprr Nr e•enncwDeOgw WpaMq NO Mi>e•nndrom m•ewnW NM ellM gbelradbe•T'n•GGpa.11G•�.MDOnn•I Cdlereen a a -. a- 4. n I.wa•0 bn0.M!nrOlYnrnl lumber•.'n4n elenNX.a Ib n•nNGFT 4 N.CN41w.0 Wb.w OO.Vnem wnp•.�IRr.b.IM14•M IIGIW Gbn.r aNnelV.e App.G.nl - I 5.au 17:10/Of1 310 CMR attl.a5 DEP File(to I (to be provided by by DEP) pplro.m Salem Applicant lovice P.Salvo 25 Raymond Avenue Salem,MA Commonwealth of Massachusetts Extension Permit Massachusetts Wetlands Protection Act M.G.L. C. 131, §40 From: Department of Environmental Protection Issuing Authority To: lovice P. Salvo 25 Raymond Avenue, Salem, MA 01970 (name) (address) The Order of Conditions (or Extension Permit) issued on September 29, 1994 to lovice P. Salvo for work at Assessors Lot No's 316 & 317 Pierce Road: Salem, MA is hereby extended for a period of Three (3) years from the date it expires. This Extension Permit will expire on September 29, 2000 This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. (leave space blank) 1:4L V C ,Z 5 R, ,� SQG</v/ , i✓/A G /j 7C 7-1 BK 14411 • t I Issued by: Philip Dipietro III Acting Section Chief Division of Wetlands and Waterways Signature(s): When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. On this J7 41) day of lune, 1997 , before me personally appeared Philip DiPietro, III , to me known to be the person described in and who executed the foregoing instrument and acknowledged the he/she executed the same as his/her free act and deed. Y�'too//V_//y// e March 12, 2004 otary Public My commission expires -Detach-on the dotted line and-submit to-the- Department-of Environmental Protection prior to commencement of work. ................................................................................................................................... To Department of Environmental Protection Issuing Authority Please be advised that the Extension Permit to the Order of Conditions for the project at _ File Number has been recorded at the Registry of and has been noted in the chain of title of the affected property in accordance with the general conditions on , 19 _If recorded land, the instrument number which identifies this transaction is If registered land the document number which identifies this transaction is Signature Applicant ------ - _ —DER-File #: 64-184 _ CIVIL ENVIRONMENTAL CONSULTANTS 7 Winter Street State 3 'Peabody,bU•.' 960 (508) 531-1191 Fax(508) 531-5501 . CEC President , Associate Kenneth 1. Bouffard Bruce P. Eaton, P.E., P.L.S. 31. Of 7.1 8� APPeo* t-a)CA-r1 o%j o f mAkta a � m t\ • Y hl �d d chi _ o OF At4$ 1 A o WIWAM 74 = R. G O'ENTREMONT No.39392 '7iskG ISLAN�'� m LriC2' .e�- ', 3 p c�T VI NnY BAlgg �C x y X z'm If fir, L'tsG?TlQ_C� - � � Ail rn ,—S_TAFCE...-SE=.-fit.T 04uAM (L /JENr¢.s�o.rrV Ito Rcs. S TA'K S__.... SE T.. 7/^i SAL V odot Survey Service • Subdlvtslom Uttllty,Hlghw�/ Astewate Dealgtt • l nvtro tal Studies & Reports • Corutructlon Management jil...,v F7o� trACaE �E�J Z�zvI99°1 v� / J CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN City Solicitor Assistant City Solicitor 81 Washington Street 93 Washington Street 50 Washington Street Tel:978.741-3888 Salem, Massachusetts 01970 Tel:978-741-4453 Fax:978-741-8110 Fax:978-740.0072 FROM: John Keenan — Asst. Sol. TO: Steve Dibble — Planning D t. Mark George, ConCom Cha erson CC. William Lundregan, City Sol. RE: Salvo Development on Loring Avenue DATE: 12 OCT 99 As you are aware the above captioned project was before the Salem Conservation Board in 1989-90 in which ultimately it voted against (3-2) granting the order of conditions. There is no mention in the local decision of its reliance on the local ordinance. Subsequently, the DEP issued a superseding order of conditions with various modifications. Now a decade later, after review before various boards and extensive litigation, the project (reduced from two houses to one) is poised to move forward with appropriate "sign-off"from the various departments. Regarding your signing off on behalf of the Conservation Commission, I am advising you that it is appropriate for you to do so at this time. Due to the DEP's superseding order, the local commission's decision and authority has been preempted. As reviewed in my earlier opinion of August 16, 1999, the case law on point provides specifically, "When a local conservation commission rests i decision on a wetlands by-law that provides greater protection than the act, its decision cannot be preempted by a DEP superseding order." FIC Homes of Blackstone. Inc. v. Conservation Commission of Blackstone, 41 Mass. App. Ct. 681, 687 review denied424 Mass. 1104 (1996). With no mention of the local by-law in the decision, one would be hard-pressed to argue the decision rested upon stricter provisions of the local by-law. Hopefully this is helpful to you. Do not hesitate to call with any additional questions. Salem Conservation Commission Meeting held Thursday, March 8, 1990 Submitted by Joyce P. Salvo With the approval of the Conservation Commission, the following will be adhered to: 1. The proposed homes and driveways will be constructed in the proxi- mate areas as indicated on the revised Definitive Plan. 2 . The main driveway shall be 16' in width as recommended by the Planning Department and shall be constructed with bituminous topping as directed by Capt. Turner of the Fire Dept. 3 . A 20' x 35' hammerhead turnaround at the end of the driveway was requested by Capt. Turner. A 30' x 35' hammerhead turnaround is indicated on the plan. 4 . Filling of gravel and stone will be used to construct and taper driveway, when necessary. 5. Shrubbery shall be planted at the 5' wide landscape area near the rear lot line. 6. That a "Private Way" sign shall be placed on Loring Avenue near the entrance to the driveway. 7 . A fabric filter fence and hay bales shall be properly installed to protect the salt marsh at areas near where activity will take place during the construction of the homes. 8 . Five foot grass strips shall be established alongside the 16' driveway on the side nearest to the proposed homes for diffusion of surface runoff. Grass may be established around homes for same purpose. 9 . Gutters shall be installed and drywells constructed to prevent excess drainage. 10. Trees and shrubbery will be planted around homes that fit into the character of the area so as to attract birds and beautify the area. A Landscape Gardener will be consulted as to the type of plant life. 11. Driveways will be constructed so as to provide proper drainage and runoff where needed and as recommended by my engineer and under the supervision of a contractor. 12 . Any changes to the design of the curb cut or radius driveway approach will be done in a manner satisfactory to the Planning Board and the State Department of Public Works. j 3)n CMR: DEPAR'IMN.N'h OF ENVIRONMENT AL PROTECTION I 1 lo.05: continued 2, 310 CMR 111.991 or a Notification that an area is not signi(icon to env or 4 interest identified in the Act (Form 0. 310 CMR IU.99)• din (I) Within seventy (701 days front receipt of such a rrquesl, the llnpnrVnenl shall issue a Superseding Order unless either of the following apply, or in tile, on event that both apply. whichever is later: he 1. compliance with MEPA is required, in which case (lie D,-Imrintrtl rtIt shall issue a Superseding Order within forty (90) days of the issuance. of Ihe slnlrmrnt by the Secrelary 0f tile. Executive Office of Environmental Ifir, Affairs that the applicant has complied will, MEPA and the regulations of promulgated thereunder: Ire 'her 2. [lie Department has requested addilionnl plans, informal inn or atE !lie docunenlalimn pursonot 10 :I19 CAIR 10.05(7)(g). in which cast [III,- of Department shall issue, a Superseding Order within fnrly (1111 lays of Uir .nl ;."' receipt of such plans. information. at documenlnlion, or of the, failure of is (pE sc the applicant In comply with such request. ily F (g) The Department shall notify the applicant within Ihirly (30) dn}•s 0f en „_w receipt of a request for the Department to act if addili0nn1 htftrtmlutn or av {"X, documentation is necessary to make its delerntinalion: provided, however. rd that further information may be requested should the information supplir.J in response to the original notification so require. fit) When the. request for a Superseding Order concerns an Order prohibiting rk �` work and issued pursuant to 310 CMII IU.US((il(r.), the Dr.pariolo.mi. shall limit its review to the information submitted to the consorvnlion commission. If the Department determines that insuf(icimrt infurmation was submitted. it `q . shall affirm the denial and instruct Ihr, applirani to refilo with Ihr, conservation commission and include the appropriate inf0nnnliorn. If the Department determines that sufficient information was submilled, it shall se. inform the applicant and the conservation commission, and shall proceed to rS C issue a Superseding Order as provided in 310 CMR 10.05. (i) After receipt of a request for a Superseding Deterumation or Order, the ') Deportment shall conduct an infonnal ntceling, which shall inr.ludu me. inspection of the site, to which all parties shall be invited in order to prnsent any inforomlion necessary or useful to a proper and complete reviow of the, _.� proposed activity rend its effects upon the interests identified m the Act. r Any early presenting information as a result of such a meeting shall provide g _ copies to the other parties. If the. Department determines that an inspection `,M1 of the site is not necessary or useful to a proper and complete review- it r-sLset forth its reasons in writing to ail parties. (j) After issuance by the Department of a Superseding Order 0r a t '" Superseding Determination, any person specified in 310CMR 10.U5(71fa1. p-"' whether or not previously a participant in the proceedings, or any ten I101 _ persons pu .uanl to hLC.L. c. 3UA, s. IOA, may request an adjuJir.ntury hearing. TI a requesl,for a hearing must be snot in Ihr. Department by rerli(ied mail or hand deliver within let (IU) days after the. dale 0f V'(#-r issuance of the Superseding Order or Superseding Delernun,tnon. and a copy thereof must al the saner, time sent by certified mail or hand delivered to �1 %f1 the conservation commission. the applicant and any other parls. Said /�� m request shall stale clearly and concisely the facts of the prnreeflill the — ee, reasons the Superseding Order or Superseding Determination is alleged in e r inconsistent with 310 CMR 10.00 and does not contribute to the pout h ton `i of the interests identified in the Act, and the relief sought throughUne adjudicalory hearing. (k) No work shall be undertaken until all administrative appeal perintis front •s .`.' an Order have elapsed or, if such an appeal has been taken, until nit proceedings before the Department have been completed. — (91 Extensions of Orders of Conditions. ,•w (a) 'the issuing aullmrily oav extend an Order for one or more periods of up —. to three 1:11 years each. which shall be male on Fonn 7 of 310 CAIR 10.99. . . the. request for an extensum shall be, made to the issuing authority al Irasl Y X" thirty (301 days prior to c)(piraliun of the Order. (III The issuing mrthorily ntav deny Ihe, request for an exlrnsion mid require ,. .i�,., the filing of a new Notice of Intent for the reuniting work in the following s circunslances: 11/10/89 310 CMII - 251 � . VIA HAND DELIVERY ----------------- 25 Raymond Avenue Salem, MA 01970 April 3 , 1990 Salem Conservation Commission One Salem Green Salem, MA 01970 RE: DEP File No. : 64-184 Salem Conservation Commission Decision Applicant: Joyce P. Salvo Dear Chairman Vallis and Members of the Conservation Commission: Enclosed please find a copy of the Appeal of your Decision opposing the Issuance of an Order of Conditions to the Massachusetts Depart- ment of Environmental Protection requesting a Superseding Order of Conditions. Should you have any questions concerning the foregoing, please do not hesitate to call me. I can be reached at my business phone, (617) 565-3289 or my home phone, (508) 744-2721. Would you kindly acknowledge receipt of this copy of the Appeal by signing and dating below. Thank you. Sincerely, -,/a y&e_ /,/-, d"") Joyce P. Salvo Enclosure SALEM CONSERVATION COMMISSION BY: DATE: TIME: 1 CERTIFIED MAIL - RETURN RECEIPT REQUESTED ----------------------------------------- 25 Raymond Avenue Salem, MA 01970 April 3 , 1990 Commonwealth of Massachusetts MA Department of Environmental Protection Metropolitan Boston - Northeast Region 5A Commonwealth Avenue Woburn, MA 01801 RE: DEP File No. : 64-184 Salem Conservation Commission Decision Applicant: Joyce P. Salvo Dear Madame/Sir: In reference to the above captioned matter, enclosed is an Appeal of the Decision by the Salem Conservation Commission opposing the Issuance of an Order of Conditions and a request for a Superseding Order of Conditions. Should you have any questions concerning the attached, please do not hesitate to call me. I can be reached at my business phone, (617) 565-3289 or my home phone, (508) 744-2721. Sincerely, -�✓,;." Joyce P. Salvo Enclosure c: Salem Conservation Commission RECEIVE ® MAR 0 7 1990 25 Raymond Avenue Salem, 01970 SALEM PLANNING DEPL March 7, 199090 Mr. John Vallis, Chairman Salem Conservation Commission One Salem Green Salem, MA 01970 RE: File #64-184, Salem, MA Dear Chairman Vallis: Since the last hearing with your board on January 25, 1990 (which has been continued to March 8, 1990) I have met with Joseph Carter of Carter S Towers Engineering of Swampscott, informally with members of the Planning Board who also conducted a site inspection, representatives of the Department of Public Works, the Building Inspector, Capt. Turner of the Fire Department, and the Salem Chief Assessor Peter Caron for the purpose of obtaining input and advice regarding the revision of my plans. Based on their suggestions and recommendations, I have amended my Definitive Plan that was filed with my November 29, 1989 Notice of Intent by adding and deleting the following: 1. BY ADDING: To gain access to my property, a 16' bituminous driveway has been added to the plan which will exit and enter from Loring Avenue, run along a path to the rear of the homes and will be kept at a distance of approx. 5' from the rear lot lines. The driveway will extend to both homes, and it will be located outside the 100' salt marshland buffer zone. A 20' x 35' hammer- head turnaround and a bituminous driveway has been recommended by Capt. Turner of the Fire Dept. A proposed 6" water line will be installed under the main driveway. 2. BY DELETING: The proposed construction of a road on Pierce Road (Paper Street) has been deleted from the plan. No construction will take place on this paper street other than for sewer connections. 3. BY ADDING: Lot #316 (nearest to Loring Avenue) will convey a 21, wide ease- ment to Lot #317 as shown on the revised plan. 4. BY ADDING: Lot #316 shall convey an 80' wide portion of the easterly bound area containing 9,000 sq. ft. to Lot #317 as shown on the revised plan, giving Lot #317 a total of 15,218 sq. ft. Sincerely, Joy Oxce a P. Salvo Enclosure cc: MA DEP (w/Enclosure) August 22, 1990 Docket Clerk Office of General Counsel Department of Environmental Protection One Winter Street Boston, MA 02108 in re: IN THE MATTER OF THE APPEAL OF A SUPERSEDING ORDER OF CONDITIONS ENTERED BY THE NORTHEAST REGIONAL OFFICE DEP FILE NO: 64-184 APPLICANT: Joyce P. Salvo 25 Raymond Road Salem, MA 01970 APPELLANT: PROJECT: PIERCE ROAD, SALEM, MASSACHUSETTS ASSESSOR'S LOT NOS 316 and 317 - ESSEX SOUTH DISTRICT REGISTRY OF DEEDS BOOK 9578, PAGE 25 and BOOK 9495, PAGE 60 CONSTRUCTION: M.G.L. Ch. 130, Sec. 40 1. The applicants herein (see the attached list marked "A") are all residents of Salem, Essex County, Massachusetts and several of same are abutters of the area in issue. The area in issue consists of an approximately 3/4 acre parcel of vacant land which abuts a salt marsh and the Forest River which river divides the City of Salem and Town of Marblehead. The applicant, Joyce P. Salvo, intends Docket Clerk Page 2 August 22, 1990 to subdivide the lot into two (2) parcels and construct a single family house on each lot, together with a sixteen (16) foot wide road, driveways and utilities. Notice to said appellants may be satisfied by mail addressed to: The appellants hereby request an adjudicatory hearing before the Department of Environmental Quality Engineers of all the matters listed herein or attached hereto which the appellants claim to be aggrieved. 2. The site at issue is located on Pierce Road, Salem, Massachusetts. Pierce Road is a paper street. The applicant, Joyce P. Salvo, is the owner of a vacant lot on Pierce Road approximately 3/4 acres in size. The applicant intends to subdivide the land into two (2) lots for the proposed construction of two (2) single family homes, driveways, utilities and a sixteen (16) foot wide roadway. Pierce Road and the site are located along the northwest shore of the Forest River Estuary in Salem, Massachusetts and is with the wetland buffer zone. 3. The applicant filed a Notice of Intent on November 29, 1989 with the Salem Conservation Commission. A public hearing was held on Thursday, December 14, 1989, which hearing was continued to January 25, 1990 and continued further to March 8, 1990. The Salem Conservation Commission issued a decision on March 29, 1990 denying applicants request for an Order of Conditions, a copy of the decision is attached hereto as "B" . The applicant appealed appellant's decision to DEP requests a Superseding Order of Conditions dated April 3 , 1990, a copy of which is attached hereto as "C" on August 9, 1990 DEP issued a Superseding Order of Conditions, a copy of which is attached hereto as "D" . 4 . The appellants contend that the superseding order of conditions dated August 9, 1990 is not in compliance with the wetlands protection act as set forth in G.L. Ch. 131, Sec. 40 and related regulations as set forth in the Code of Massachusetts Regulations. As such, the appellants herein allege a knowing deviation from the intent and the purpose of said chapter 131, section 40, and that the superseding order issued herein is invalid. Docket Clerk Page 3 August 22, 1990 5. The appellants contend that if the development as proposed is completed in compliance with the superseding Order of Conditions in effect there will be a serious and irreparable damage to the adjoining wetlands and to the watershed of the Forest River. The appellants request an adjudicatory hearing in order to address this matter further and that evidence can be presented to show that any construction with the side as allowed by the superseding order will result in the aforesaid damage. The appellants request an order that any and all construction within the site and within one hundred (100) feet of wetland be prohibited. The remedy proposed in the superseding order is insufficient to prevent the flooding and the storm damage to the Forest River watershed area. 6. The appellants wish to contest the findings in the superseding order that the "project will not have a negative impact on the stability of said Coastal Bank or its ability to contain wave action from coastal storms. " To the contrary, any construction on the site will have a negative impact on the stability of the Coastal Bank and its ability to contain wave action from coastal storms. The appellants intend to introduce evidence to support this position. Furthermore, the appellants wish to contend the findings in the superseding order that the "project as proposed will not displace any flood storage within bordering land subject to flooding. " The appellants contend that any construction will have a negative impact on flooding and intend to introduce evidence to support this position. The appellants, therefore, request that the superseding order be overruled and that the determination of the Salem Conservation Commission, as setforth in Exhibit C, be reinstated. The appellants are ready to prove that the above-mentioned findings of the superseding order are incorrect. The appellants are prepared to produce both oral and visual evidence together with evidence prepared by their experts to contradict the evidence introduced by the applicant. 7. The appellants also contest the findings contained in the superseding order that any Special Conditions as mitigative to measures may be required to protect the area. To the contrary, the appellants are in disagreement with the superseding order in that any construction at the site will have a negative impact in the wetlands area, and that the negative impact cannot be circumvented by the mitigation findings of the superseding order. The appellants are prepared to produce both oral and Docket Clerk Page 4 August 22, 1990 visual evidence together with evidence prepared by their experts to show that any construction on the site will have a negative impact on the wetlands in violation of G.L. Ch. 131, Sec. 40. 8. Copies of this appeal have been forwarded by certified mail to all parties to this proceeding, namely, the Salem Conservation Commission, One Salem Green, Salem, MA 01970; Joyce P. Salvo, 25 Raymond Avenue, Salem, MA 01970; James M. Shannon, Attorney General of the Commonwealth of Massachusetts, One Ashburton Place, Boston, MA 02108-1698 ; Marblehead Conservation Commission, Town Hall, Widger Road, Marblehead, MA 01945; Mr. Joseph Carter, Carter & Tower Engineering Corp. , 6 Fairview Avenue, Swampscott, MA 01907; Mr. Randall Wieting, 14 Buchanan Road, Salem, MA 01970; and Ms. Judy Perry, Division of Water Pollution Control, DEP, One Winter Street, Boston, MA 02108. Very truly yours, Leonard F. Femino Dated: August 22, 1990 LFF/sbh 97ze 0omznvnweak4 olJfawa�� Daniel S. Greenbaum 016'O1 2 , Commissioner n�,n e (617) 935-2160 May 18, 1990 ' - `- •- Ms. Joyce P. Salvo RE: WETLANDS/SALEM 25 Raymond Avenue DEP File #64-184 Salem, MA 01970 Request for Information Dear Ms. Salvo: Pursuant to the Department's May 9 , '1990, site visit for the above-referenced filing and subsequent review of the Notice of Intent, it has been determined that additional information} is needed to properly access the projects impacts on all applicable Areas Subject to Protection Under the Act. The Department hereby requests that the following information be submitted in order to determine if the project complies with the Wetlands Protection Act Regulations, 310 CMR 10. 00 et seq. : 1) The project site contains Land Subject to Coastal Storm Flowage up to elevation 15. 36. Due to the fact that a fresh water wetland (Bordering Vegetated Wetland) exists on the north side of Pierce Road, the project site also contains a volume of Bordering Land Subject to Flooding. The extent of this Bordering Land Subject to Flooding has not been determined by the applicant. Therefore, the Department is requiring the extent of the 100-year flood elevation to be provided as set forth in 310 CMR 10. 57 (2) (a) . All of the data and calculations should be submitted to the Department as well as the extent of flooding delineated on the site plan. 2 . Due to the Department's finding that the project site lies within a Coastal Bank and that the proposed grading is in close proximity to the Bordering Vegetated Wetland the applicant shall provide a more detailed description of the proposed site grading and alterations. The site plan provides the pre- and post development grading at 2 foot intervals. A more detailed plan in the form of a grading and landscaping plan is required. This plan shall include all vegetative alterations proposed as well as the proposed erosion control measures. Original Printed on Recycled Paper �r Page-2- DEP File #64-184 3 . A more detailed description of the extent of the Bordering Vegetated Wetland (flags A-10 through A-20) shall be provided. As noted by the Department at the site inspection many of the wetland flags have been removed. Many of the flags referenced in the accompanying IEP, Inc. report were not surveyed onto the site plan. It is the Department's contention that an area of Bordering Vegetated Wetlands were not surveyed onto the site plan, specifically the area northeast of flag #A-11. The above information must be submitted to the Department within thirty (30) days from the postmarked date of this letter. A copy of the above documents shall be provided to all parties listed in this letter. Any party responding to the above submittal must also submit copies to all parties. Should there be any questions relative to the requirements of this letter, please contact Tracy A. Peter at (617) 935-2160, ext. 357 . Very truly yours, William A. Krol, P.E. Wetlands Section Chief WAK/TP/tp 64-info cc: Salem Conservation Commission Marblehead Conservation Commission Mr. Randall Wieting, 14 Buchanan Road, Salem, MA 01970 Mr. Joseph Carter, Carter & Tower Engineering Corp. , 6 Fairview Avenue, Swampscott, MA 01907 MEMO To: Beth Debski, Assistant City Planner From: Stephen Dibble, Assistant Planner CC: Salem Conservation Commission Walter Power, Chair Salem Planning Board Subject: Pierce Road Date: October 16, 1996 In response to your request for review comments on the Pierce Road proposal, I offer the following. Several south Salem residents appeared before the Commission at its last meeting on October 1 Oth to inquire as to the status of the two single family dwellings proposed for Pierce Road. They raised an extensive number of concerns including the filling of salt water marsh, existence of vernal pools and wildlife, questioned who if anyone signed off on the appeal of the Superseding Order, and whether or not the applicant needs to once again secure an Order of Conditions. The Conservation Commission has serious concerns regarding this project which need to be addressed. Specifically, some of their immediate concerns include: A. The existence of wildlife habitat and salt water marsh may be jeopardized, and the possible existence of vernal pools should be investigated. B. They question if the Superseding Order of Conditions is current or has the time expired. If it has expired, this would retrigger the Notice of Intent process. C. They also question if the ownership has changed or if there are changes to the plan, which would also retrigger the Notice of Intent process. Please keep the Commission informed during the Planning Board process. dibs\c nc m\pierce %ON Cp�r 2� z Conservation Commission N Salem. Massachusetts 01970 ASSNCt*�� MEMO To: George H. Levesque, Chm. Board of Health From: Stephen G. Dibble, Assistant Planner/ Conservation Administrat (OVA CC: Salem Conservation Commission Subject: Pierce Road Date: January 3, 1997 In response to your request for information on the Pierce Road proposal, I offer the following. Several south Salem residents appeared before the Commission on October loth, 1996 to inquire as to the status of the two single family dwellings proposed for Pierce Road. They raised an extensive number of concerns including the filling of salt water marsh, drainage, existence of vernal pools and wildlife, and questions who if anyone signed off on the appeal of the Superseding Order, and whether or not the applicant needs to once again secure an Order of Conditions. To this date the Conservation Commission has serious concerns regarding this project, as indicated by the review process from 1989-91 which resulted in the project to be denied. Enclosed, please find the following information which I hope will assist you in your decision: 1. Denial decision of the Salem Conservation Commission, March 29, 1990. 2. Marblehead Conservation Commission letter of non-support of project, May 21, 1990. 3. Two page comments submitted via petition, signed by 41 abutters and neighbors. 4. Mayor Neil J. Harrington letter strongly opposing the project, May 18, 1990. Please keep the Commission informed during the Board of Health process. As always, if I can be of any additional assistance please do not hesitate to contact me. diWconcom\pierce97 morbiehead conservation commission May 21 , 1990 Dear T acy' U fortunately, the Marblehead Conservation Commission was not no ified of the site visit to Pierce Road in Salem several, weeps +;o. We had previously written to Ralph Cardin requesting that w be notified of any filings or appeals by the Salvo family for wo is on Pierce Road, Salem. A owners of a large portion of the salt marsh area, the Marble ��ad Conservation Commission has a tremendous interest in the pr servation and protection of that very sensitive part of the pl .iet . As you know, we are in the. trenches daily trying to preen destruction and filling of any wetlands. This particular area h s been purchased by the Town so that we can prevent any devel.o ment . We are , in fact, attempting to purchase more land adjace t to the marsh to further protect it . It would, there- fore• , impossible for us to sit by and see development so close to e r source area and not ask you to do everything in your power to e,to it . Thank you for your time . Hopefully Rosemary Collins , Chairman widger rd. — marblehead, massachusetts 01945 Commonwealth of Massachusetts RECEWED Executive Office of Environmental Affairs Department of �'''{ 6 E �1 ' Environmental Protection um"j FLAJ�'EJNX DEPT. Daniel S.Greenbaum commlmbnar March 4, 1991 Salem Conservation Commission One Salem Green Salem, MA 01970 Re: DEP File no. 64-184 DEP Docket no. 90-184 Salvo/Salem Notice of Mandatory Case Screening Session Dear Sir/Madam: According to our docket, an adjudicatory hearing is pending in the above referenced appeal of a Superseding Order of Conditions or Superseding Determination of Applicability. Due to constraints on both technical and legal resources, such appeals must currently wait for up to two years for a hearing to be commenced. This fact leads the Department of Environmental Protection (DEP) to encourage parties, whenever possible, to reach voluntary settlements in these appeals. Such settlements before your hearing is scheduled often significantly reduce the costs, risks and delays associated with a formal hearing. Toward this end the Department has established a Wetlands Appeal Mediation Program. The program is cosponsored by the Boston Bar Association (BBA) and the Massachusetts Mediation Service (MMS) . The purpose of this letter is to notify you of your eligibility to participate in the program and to encourage you to do so. Through this program, attorney-mediators selected by the BBA and the MMS for their legal experience and mediation ability have been further trained by the MMS in dispute resolution techniques. The mediators conduct informal conferences with permit applicants and appellants in an attempt to settle disputed issues and expedite resolution of the case. If a settlement cannot be reached, the mediator may be able to clarify issues to be addressed at the hearing and obtain agreed statements of fact. A description of the Wetlands Appeal Mediation Program is attached. One winter Street a Boston,Massachusetts 02106 a FAX(617)556.1049 • Telephone(617)292-5564 40 Primed on Recycled Paper f -2- To participate, you must schedule a mediation screening session. A case Screening Session has been scheduled to describe the program in greater detail and to answer questions so that you can decide if you would like to participate. While participation in mediation is voluntary, attendance at the Screening Session will be a prerequisite for prosecuting this appeal. At least one authorized representative of each party is �reauired to attend the meeting scheduled for: T ✓� WEDNESDAY MARCH 20, 1991 ONE ASHBURTON PLACE 0 C 4d 1 © (g 21ST FLOOR, ROOM 2 " BOSTON, MA 02109 10: 00 A.M. G jif you or your authorized representative cannot attend the screening session, please contact Gregory Sobel or Douglas Wallace at the Mediation Service, (617) 727-2224 , to select an alternate screening session date. /Sincerely, /j Willard R. Pope General Counsel enc. e" cc: Gregory Sobel D# 90-184 SERVICE LIST Salem Conservation Commission One Salem Green Salem, MA 01970 Joyce P. Salvo �[ 25 Raymond Avenue 7 7 "c27p� Salem, MA 01970 I Mr. Randall Wieting 14 Buchanan Road Salem, MA 01970 William Krol, P.E. Department of Environmental Protection Northeast Regional Office 5 Commonwealth Ave. Woburn, MA 01801 I WETLANDS APPEAL PROGRAM The Department of Environmental Protection encourages Wetlands Permit Applicants holding Superseding orders of Conditions and Appellants seeking Adjudicatory Hearings on those Orders to participate in a Mediated Conference designed to achieve a mutually satisfactory resolution of their cases. THE MEDIATION PROCESS Participants meet with an independent attorney experienced in environmental and wetlands law who acts as an impartial mediator to explore all possibilities for compromise and settlement of the appeal. The mediator meets jointly and separately with the parties to review the issues in dispute and proposals for resolution. The goal is to arrive at a mutually agreeable settlement quickly and amicably, thereby avoiding the time, expense and uncertainties of protracted adjudication. Participation in this program is voluntary. Agreements reached as a result of a mediation conference are binding only by mutual agreement of the parties. If a settlement cannot be reached, the mediator identifies issues needing resolution at an Adjudicatory Hearing. The conference is informal,:':ordinarily 'lasting three hours or less. Representatives of,,th�e Department, the applicant and appellants are all present: Usually parties do not produce witnesses, but relevant documents and plans are available. Sessions are usually held near the regional offices of DEP. During the conference, the mediator: * assists the parties to clarify misunderstandings and ambiguities; * provides an impartial perspective on the issues in dispute; * explores opportunities for mutual gains and realistic trade-offs; * offers participants a way to test proposals before committing to them; and * enables parties to shape settlement terms that insure prompt, reliable compliance. THE MEDIATORS The mediators have been chosen through a rigorous screening and training process. The Boston Bar Association' s Environmental Law i r, Page -2- Section selected candidates having the most experience in environmental law. From among these, the Mediation Service selected those who demonstrated the greatest ability to mediate settlement negotiations. The finalists were then given specialized training in mediation and in recent developments in wetlands law. FEES Most mediation conferences conclude in one session which can last from one to three hours. The fee for participation is $500, which may be divided among the applicant and appellants as they agree. Fees are sent to the Mediation Service prior to the conference. Certain penalties apply for late cancellation or failure to attend. RESULTS Participants are usually pleased with .the simplicity, efficiency and reliabilityr'of' conferences like those offered in this .a a: ;program:.:: In similar programs, over 60% of the cases settlevas a ,! result ,of the conferences. Others which, do not settle report that the process is very helpful in narrowing negotiations or adjudication. SCHEDULING Periodically the Department convenes Screening Sessions at which applicants and appellants hear about the programs and discuss with one another and with program administrators whether to sign up to participate. once a decision is made to participate in a conference the parties are contacted by the Mediation Service to schedule the conference at a mutually convenient time. Prior to the Conference, participants are required to execute an AGREEMENT TO PARTICIPATE and to submit a brief, confidential Case Overview to provide the mediator with their perspective on the case. If you have any questions about the program, please call Gregory Sobel at the Massachusetts Mediation Service (617) ,727-2224 . _ wap.doc r CITY OF SALEM MASSACHUSETTS NEIL.. J. "ARRINGTON MAYOR May 18, 1990 William A. Krol , P .E . Wetlands Section Chief Commonwealth of Massachusetts Department of Environmental Protection 5 Commonwealth Avenue Woburn, MA 01801 RE: DEP File #64-184 Joyce Salvo, Pierce Road Salem, MA 01970 Deaz Mr . Krol : ;r• I am writing to state my strong opposition to construction of two single family homes , utilities and a connecting roadway proposed to be located at Pierce Road, along the northwest shore of the Forest River estuary. This site is located directly along a valuable salt marsh, a resource area which contributes significantly to the surrounding ecological environment by offering protection against flooding and storm damage and by serving as a habitat for wildlife and marine life . Neighborhood residents have an appreciation for the value of this unique natural resource and have firsthand knowledge of the protection it offers from flooding which occurs regularly at the site . Many ] neighbors and abuttors to the site in question have turned out ! repeatedly at public hearings to express their opposition to the project and to demonstrate their commitment to the protection of one of Salem' s most critical environmental areas . In addition, I wish to make clear my opposition, along with that of the Salem police and area residents , to allowing installation of a dangerous curb cut onto a heavily travelled state roadway. If this development is allowed to go forward, the curb cut at its proposed location will. pose a serious hazard to motorists and pedestrians alike . I have expressed this concern to Mr . David Wilson, District Highway Engineer at the State ' s District V office in Danvers . Page 2 William A. Krol , P.E. May 18, 1990 Thank you for your consideration of my views in this matter . I hope that DEP shares my concerns and that of Forest River area residents, and that the Department will take action to preserve this valuable and unique natural resource . Sincerely, Neil J/. Harrington Mayor I Ri11131 bcc: Bill Luster I i 'I i III I I 'I I ;i I August 22, 1990 Docket Clerk Office of General Counsel Department of Environmental Protection One Winter Street Boston, MA 02108 in re: IN THE MATTER OF .THE APPEAL OF A SUPERSEDING ORDER OF CONDITIONS ENTERED BY THE NORTHEAST REGIONAL OFFICE DEP FILE NO: 64-184 APPLICANT: Joyce P. Salvo 25 Raymond Road Salem, MA 01970 APPELLANT: Randell Wieting, et. al. 14 Buchanan Road, Salem, MA 01970 PROJECT: PIERCE ROAD, SALEM, MASSACHUSETTS ASSESSOR'S LOT NOS 316 and 317 - ESSEX SOUTH DISTRICT REGISTRY OF DEEDS BOOK 9578, PAGE 25 and BOOK 9495, PAGE 60 CONSTRUCTION: M.G.L. Ch. 130, Sec. 40 1. The applicants herein (see the attached list marked "A") are all residents of Salem, Essex County, Massachusetts and several of same are abutters of the area in issue. The area in issue consists of an approximately 3/4 acre parcel of vacant land which abuts a salt marsh and the Forest River which river divides the City of Salem and Town of Marblehead. The applicant, Joyce P. Salvo, intends Docket Clerk Page 2 August 22, 1990 to subdivide the lot into two (2) parcels and construct a single family house on each lot, together with a sixteen (16) foot wide road, driveways and utilities. Notice to said appellants may be satisfied by mail addressed to: Randell Wieting, 14 Buchanan Road, Salem, MA 01970. The appellants hereby request an adjudicatory hearing before the Department of Environmental Quality Engineers of all the matters listed herein or attached hereto which the appellants claim to be aggrieved. 2. The site at issue is located on Pierce Road, Salem, Massachusetts. Pierce Road is a paper street. The applicant, Joyce P. Salvo, is the owner of a vacant lot on Pierce Road approximately 3/4 acres in size. The applicant intends to subdivide the land into two (2) lots for the proposed construction of two (2) single family homes, driveways, utilities and a sixteen (16) foot wide roadway. Pierce Road and the site are located along the northwest shore of the Forest River Estuary in Salem, Massachusetts. The portions of Pierce Road and the site are within wetland buffer zone. 3 . The applicant filed a Notice of Intent on November 29, 1989 with the Salem Conservation Commission. A public hearing was held on Thursday, December 14, 1989, which hearing was continued to January 25, 1990 and continued further to March 8, 1990. The Salem Conservation Commission issued a decision on March 29, 1990 denying applicants request for an Order of Conditions, a copy of the decision is attached hereto as "B" . The applicant appealed appellant's decision to DEP requesting a Superseding Order of Conditions, a copy of which is attached hereto as "C" on August 9, 1990 DEP issued a Superseding Order of Conditions, a copy of which is attached hereto as "D" . 4. The appellants contend that the superseding order of conditions dated August 9, 1990 is not in compliance with the wetlands protection act as set forth in G.L. Ch. 131, Sec. 40 and that the Superseding Order of Conditions does not protect the interests of the Wetlands Protection Act. As such, the appellants herein allege a knowing deviation from the intent and the purpose of said chapter 131, section 40, and that the superseding order issued herein is invalid. Docket Clerk Page 3 August 22, 1990 5. The appellants contend that if the development as proposed is completed in compliance with the superseding Order of Conditions in effect there will be a serious and irreparable damage to the adjoining wetlands and to the watershed of the Forest River. The appellants request an adjudicatory hearing in order to address this matter further and that evidence can be presented to show that any construction on the site as allowed by the superseding order will result in the aforesaid damage. The appellants request an order that any and all construction within the site and within one hundred (100) feet of wetland be prohibited. The remedy proposed in the superseding order is insufficient to prevent the flooding and the storm damage to the Forest River watershed area. 6: The appellants wish to contest the findings in the superseding order that the "project will not have a negative impact on the stability of said Coastal Bank or its ability to contain wave action from coastal storms. " To the contrary, any construction on the site will have a negative impact on the stability of the Coastal Bank and its ability to contain wave action from coastal storms. The appellants intend to introduce evidence to support this position. Furthermore, the appellants wish to contend the findings in the superseding order that the "project as proposed will not displace any flood storage within bordering land subject to flooding. " The appellants contend that any construction will have a negative impact on flooding and intend to introduce evidence to support this position. The appellants, therefore, request that the superseding order be overruled and that the determination of the Salem Conservation Commission, as setforth in Exhibit B, be reinstated. The appellants are ready to prove that the above-mentioned findings of the superseding order are incorrect. The appellants are prepared to produce both oral and visual evidence together with evidence prepared by their experts to contradict the evidence introduced by the applicant. Said evidence will support the findings of the Salem Conservation Commission. 7. The appellants also contest the findings contained in the superseding order that any Special Conditions as mitigative to measures may be required to protect the area. To the contrary, the appellants are in disagreement with the superseding order in that any construction at the site will have a negative impact in the wetlands area, and that the negative impact cannot be circumvented by the mitigation findings of the superseding order. The appellants are prepared to produce both oral and Docket Clerk Page 4 August 22, 1990 visual evidence together with evidence prepared by their experts to show that any construction on the site will have a negative impact on the wetlands in violation of G.L. Ch. 131, Sec. 40. 8. Copies of this appeal have been forwarded by certified mail to all parties to this proceeding, namely, the Salem Conservation Commission, One Salem Green, Salem, MA 01970; Joyce P. Salvo, 25 Raymond Avenue, Salem, MA 01970; James M. Shannon, Attorney General of the Commonwealth of Massachusetts, One Ashburton Place, Boston, MA 02108-1698; Marblehead Conservation Commission, Town Hall, Widger Road, Marblehead, MA 01945; Mr. Joseph Carter, Carter & Tower Engineering Corp. , 6 Fairview Avenue, Swampscott, MA 01907; Mr. Randall Wieting, 14 Buchanan Road, Salem, MA 01970; and Ms. Judy Perry, Division of Water Pollution Control, DEP, One Winter Street, Boston, MA 02108. Dated: August 22, 1990 2 . 3 . 5 . 6 . 7 . 8 . 9 . 1 wj,9- SAL-6Ai ,-L.Ir)- _ .mA-& � r-xl- 4�y CITY OF SALEM MASSACHUSETTS NEIL J. HARRINGTON MAYOR May 18, 1990 William A. Krol, P .E . Wetlands Section Chief Commonwealth of Massachusetts Department of Environmental Protection 5 Commonwealth Avenue Woburn, MA 01801 RE : DEP File #64-184 Joyce Salvo, Pierce Road Salem, MA 01970 Dear Mr. Krol : I am writing to state my strong opposition to construction of two single family homes , utilities and a connecting roadway proposed to be located at Pierce Road, along the northwest shore of the Forest River estuary. This site is located directly along a valuable salt marsh, a resource area which contributes significantly to the surrounding ecological environment by offering protection against flooding and storm damage and by serving as a habitat for wildlife and marine life . Neighborhood residents have an appreciation for the value of this unique natural resource and have firsthand knowledge of the protection it offers from flooding which occurs regularly at the site . Many neighbors and abuttors to the site in question have turned out repeatedly at public hearings to express their opposition to the project and to demonstrate their commitment to the protection of one of Salem' s most critical environmental areas . In addition, I wish to make clear my opposition, along with that of the Salem police and area residents, to allowing installation of a dangerous curb cut onto a heavily travelled state roadway. If this development is allowed to go forward, the curb cut at its proposed location will pose a serious hazard to motorists and pedestrians alike . I have expressed this concern to Mr . David Wilson, District Highway Engineer at the State ' s District V office in Danvers . ' f I Page 2 William A. Krol , P.E. May 18, 1990 -4 Thank you for your consideration of my views in this matter . I hope that DEP shares my concerns and that of Forest River area residents, and that the Department will take action to preserve this valuable and unique natural resource . Sincerely, Neil J. Harrington Mayor R1131 Or 4 CionSel'Vd m Coi Si i I1 Salem. Massachusetts 01970 �E1\JZ1D y'yASS NC 1990 MAR 2, 9 sktIli ?JAgi a DEFT.. DECISION ON THE APPLICATION OF JOYCE P. SALVO, OWNER, FOR THE ISSUANCE OF AN ORDER OF CONDITIONS FOR THE CONSTRUCTION OF TWO (2) DWELLINGS, UTILITIES AND SIXTEEN (16' ) FEET WIDE ROADWAY UPON LAND AT PIERCE ROAD AND LORING AVENUE, SALEM, MASSACHUSETTS. A hearing on this application was held on December 14, 1989, and continued, upon request of the Applicant, to March 8, 1990. Notice of the hearing was sent to abutters and others and notice of the hearing was properly published in the Salem Evening News in accordance with Massachusetts General Laws, Chapter 131, Section 40. A site visit to the affected property was held on January 11, 1990. Notice thereof was properly announced at the public hearing and posted on January 4, 1990, in accordance with Chapter 626 of the City of Salem Acts of 1958. The Applicant is requesting the issuance of an Order of Conditions for the construction of two (2) residential dwellings, installation of utilities and construction of a sixteen (161 ) feet wide roadway. The application which has been requested may be granted if, following a determination by the Salem Conservation Commission that the area on which the proposed work is to be done is significant to public or private water supply, to the groundwater supply, to flood control, to storm damage prevention, to prevention of pollution, to protection of land containing shellfish, to the protection of wildlife habitat or to the protection of fisheries, the Salem Conservation Commission finds that the proposed work will contribute to the protection of these interests. The Salem Conservation Commission, after consideration of the evidence presented at the hearing, after viewing the plans and viewing the site, makes the following findings of fact: 1. Substantial opposition was presented by abutters and other interested parties at the hearings and site visit. 2. The site is within a one hundred (1001 ) feet of, and is adjacent to salt marshes that are significant to protection of marine fisheries and wildlife habitat and are significant to storm damage prevention and ground water supply and the prevention of pollution. 3. The site contains bordering vegetated wetlands that are significant to ground water supply, to flood control, to storm , 2 damage prevention, to prevention of pollution and to the protection of fisheries and wildlife habitat. 4. The site is within a one hundred (1001 ) buffer zone of, and is adjacent to the banks of a river that underlie an anadromous/catadromous fish runs that provide recreational and aesthetic benefits and which are significant to the protection of marine fisheries. 5. The site contains isolated land subject to flooding and is an area significant to flood control control and storm damage prevention. 6. The site borders land subject to flooding that is significant to flood control and storm damage prevention. On the basis of the above findings of fact, on the evidence presented and after viewing the site, the Salem Conservation Commission concludes as follows: The proposal presented to the Commission does not contribute to the protection of flood control, does not contribute to storm damage prevention, does not contribute to prevention of pollution, does not contribute to protection of land containing shellfish, and does not contribute to the protection of wildlife habitat or to the protection of fisheries. Therefore, the Salem Conservation Commission voted two (2) in favor, three (3) opposed to the issuance of the Order of Conditions requested. The application is denied due to the failure of the Applicant to obtain the required majority of votes. DENIED. SALEM CONSERVATION COMMISSION DATED: MARCH 29, 1990 JO ALLIS, Chairman t� COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE ARGEO PAUL CELLUCCI BOB DURAND Governor Secretary JANE SWIFT EDWARD P. KUNCE Lieutenant Govemor - Acting Commissioner March 12, 1999 Joyce P. Salvo WETLANDS/SALEM 4 Lions Lane DEP FILE #64-184 Salem, MA 01970 #316 & 317 Pierce Rd.,Salem Request for approval Dear Ms. Salvo, The Department of Environmental Protection, Northeast Regional Office, is in receipt of your request for approval to build and develop lot#316 (front lot) only for the above-mentioned site. In response to your request, please note that at this time, approval is herewith given to build and develop lot #316 (front lot) only provided that all conditions pertaining to this lot as outlined in the Superseding Order of Conditions issued are strictly adhered to and provided that any changes contemplated to this single lot desizn are furnished to the Department for its prior written approval (Condition #13). This approval will not modify the Superseding Order of Conditions and will not require a new Notice of Intent provided the above-mentioned criteria are met. You are reminded that the Final Extension Permit on this file expires on September 29, 2000, after which a new Notice of Intent will be required. Tf vnu have anv questions, please contact Susanne McCarthy at (978) 661-1784. Very truly yours, ZfLc ames A. Spragu Susanne McCarthy Section Chief Environmental Analyst Division of Wetlands and Waterways cc: Salem Conservation Commission; One Salem Green; Salem, MA 01970 205a Lowell St •Wilmington, Massachusetts 01887 • FAX (978) 661-7615 0 Telephone (978) 661J600 • TDO#(978)661-7679 4 Lions Lane Salem,MA 01970 March 5, 1999 Susanne McCarthy,Environmental Analyst Executive Office of Environmental Affairs Department of Environmental Protection 205A Lowell Street Wilmington, MA 01887 RE: DEP File No. 64-184 Extension Permit, Assessors Lot Nos. 316 & 317 Pierce Road, Salem, MA Dear Ms. McCarthy: The DEP issued a Superseding Order of Conditions to me based on a Definitive Plan for Lot Nos. 316 &317 on Pierce Road, Salem, Massachusetts. The DEP approved an extension of the Order of Conditions and will expire on September 29, 2000. Lot No. 316 (front lot) is owned by Timothy and Amy Salvo (husband and wife). I own Lot No. 317 (rear lot). In order to build on these lots, a special permit was required by the planning board. Separate applications (one for Lot#316 and one for Lot #317) were filed with the planning board and at a joint public hearing on February 20, 1997, both lots were denied their special permits. We have since appealed to the Land Court in Boston. A trial date has not yet been scheduled. Timothy and Amy are considering filing for a variance from either the planning board or the appeals board for approval of a special permit to build only on Lot No. 316 (front lot) of the T)Pflnitive, hlpn Nn niw ipaI eh7nLeq W01 hP T!1AdP to r nt NJ, 117 The variance issue was prompted by the remarks made in a written order issued by Judge Lombardi of the Boston Land Court, dated December 30, 1998, regarding the taking of propert% without compensation. Judge Lombardi stated "the plaintiffs (Joyce, Tim, and Amy Salvo) have failed to exhaust their administrative remedies which include filing for a variance." Also Salem City Solicitor William Lundregan, in his memo to the court, stated that the "board has had no occasion to pass upon alternate proposals, either involving both parcels or perhaps only a single parcel, for the simple reason that the plaintiffs have submitted none " I am respectfully requesting a letter from you, if you concur, that the approval to build and develop only Lot No. 316 (front lot) at this time, will not effect the Order of Conditions and will 2 not require the filing of a new notice of intent. No added activities are proposed at the-site; however, if physical changes should have to be made, we will comply with Condition No. 13 of the Superseding Order. It should be noted that if the application for a variance is denied by either the planning board or the appeals board, we will pursue resolution.of this through the land court. If you feel that a new notice of intent is required,we will forego seeking a variance from the local board and leave it up to the land court to decide the appeal that is before them. If possible, it would be greatly appreciated if you could respond prior to March 29. This is the deadline for filing for the board's April 21"meeting. If you have any questions, I can be reached at(617) 918-1427, 8:00 am to 4:30 pm, or at(978) 744-6791, evenings. Sincerely, Joyce P. Salvo cc: Salem Conservation Commission, One Salem Green, Salem, MA 01970 CCf-1 FD 4 Lions Lane Salem, MA 01970 September 19, 2000 Sf;LEM t-LANI'I'IINC3. D,_ci. Susanne McCarthy, Environmental Analyst Department of Environmental Protection Division of Wetlands and Waterways 205A Lowell Street Wilmington, MA 01887 RE: DEP File No. 64-184, Assessor's Lot #316, Pierce Road, Salem, MA Street Address: 265 Loring Avenue Dear Ms. McCarthy: The purpose of this letter is to amend the letter I sent to you on May 8, 2000. In accordance with Special Condition No. 31(b) of the Superseding Order of Conditions, I am making the following change regarding the installation of the pilings (concrete columns): Pilings (Concrete Columns) to be installed by: Richard DeCoito, ABCO Foundations 80 South Prospect Street Bradford, MA 01835 Telephone No. 978-372-3152 I am in negotiations with a builder to build the house. I will notify you once negotiations have been finalized. Sincerely, Joyc/el Salvo ccVSalem Conservation Commission COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS e DEPARTITJOtYNVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office ARGEO PAUL CELLUCCI Governor SALEM BOB DURAND F'LNNIMNIG r ==�' I. Secretary JANE SWIFT LAUREN A.LISS Lieutenant Governor Commissioner August 2, 2000 Ms. Joyce Salvo 4 Lions Lane Salem, MA 01970 WETLANDS/SALEM DEP FILE #NA RESPONSE TO LETTER Dear Ms. Salvo: This letter is in response to your letter of June 10, 2000, inquiring as to the feasibility of obtaining a permit to build an approximately 10' by 10' utility room under your pile-supported house in Salem. Your DEP File No. for construction of the pile-supported house is64=1=84 DEP has in the past permitted the construction of utility shafts beneath pile-supported houses within a coastal resource area. However the dimensions of the utility shaft have typically been limited to 4' by 6'. A 10' by 10' structure is larger than is required to protect utilities, and is therefore generally considered unnecessary. The enclosure of stairs is not something that is seen as necessary, and is typically not permitted. While you continue to have a valid Order of Conditions for File No. 64-184 (due to its extensions), you would be required to file an application with the Salem Conservation Commission for the additional proposed work. The additional work represents an increase in ir2,partc to regulated resources and is a new Project. Therefore the proposed:work cannot be added on to the pre-existing Order of Conditions as an amendment. Amendments to existing Orders are often allowed when the proposed project changes result in no increase in impacts to regulated resource areas. This information is available in alternate format by calling our ADA Coordinator at(617)574-6872. 205A Lowell St. Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661-7615 • TTD#(978)661-7679 ., 100 Printed on Recycled Paper DEP recommends and FEMA requires that solid structures such as utility shafts that are built under pile supported houses be constructed so as to equalize flood pressures during storm events. This can be accomplished by inclusion of latticework, screens or similar materials. Breakaway walls are not considered to serve this purpose. This protective measure will help prevent damage to your structure in the event of a significant storm. Sincerely, Division of Wetlands and Waterways { Gillian Davies Ralph Perkins ( Cc: Salem Conservation Commission 4 Lions Lane FAX TRANSMITTAL - HARD COPY TO Salem, 'ALA 01970 FOLLOW IN MAIL September 17, 2000 James Sprague, Wetlands Section Chief `you -� Department of Environmental Protection C0 (. 205A Lowell Street E-, 171 Wilmington, ALA 01887 < a F I-i RE: 64-184 ., Dear Mr. Sprague: On Friday, September 15, 2000, 1 received a telephone call from Don Cefalo, Administrative Clerk for the Salem Conservation Commission regarding the Superseding Order of Conditions I received from the DEP and stated that I should be in touch with you. It is my understanding that Don has also contacted you, but neglected to mention the variance for a wetland special permit approved for this lot. There seems to be a misunderstanding regarding the controlling authority, Local or DEP, in relation to the expiration date for this project. The Superseding Order of Conditions that I received from DEP is due to expire on September 29, 2000. However, I am also operating under a variance for a Wetland Special Permit that was received from the Salem Board of Appeals in September 1999. Salem Zoning Ordinances states that the rights authorized by a variance must be exercised (not completed) prior to its expiration. I was under the.premise that the Salem Zoning By-Law cannot be preempted by a Superseding Order of Conditions because of the opinion of the Asst. Solicitor Keenan - see attached. All of the necessary permits, approvals, and variances for a driveway, house and utilities have been obtained for Lot ')16 (Pierce Road), now known as 265 Loring Avenue. I'll keep this as brief as possible, but I want to give you some background information about what has occurred following the approval of the Superseding Order of Conditions. I have made a good faith effort to complete this project in a timely manner, but there were circumstances that were out of my control, including an unusually rainy summer, that have delayed its completion - see below. I have also invested a lot of time and money on this. I. After receiving the Superseding Order of Conditions, I applied for and received a Curb Cut approval from blassHighway. 2. Next, we applied for a Wetland Special Permit from the Planning Board and were denied in February, 1997. We then appealed the City ruling and took them to Land Court in Boston. 2 In an order from Land Court Justice J. Lombardi, dated December 30, 1998, he stated "plaintiffs have failed to exhaust their administrative remedies, which include tiling for variances." Based on that order, a variance for a Wetland Special Permit was applied for from the Salem Board of Appeals. The Variance for a Wetland Special Permit for Lot 4316 became effective in September, 1999 and is still active. Lot #317 did not receive approval. Please note that from the time that the most recent SOC extension was granted in June, 1997 up until the time that the Variance was granted in September 1999, this proiect was inactive because it was being litigated in Land Court. 3 With all of the necessary permits, approvals and variances now in hand, I applied for a Building Permit and one was issued in October, 1999. All authorized personnel listed on the routing slip signed it. 4. Because of the terms and conditions contained in the curb cut approval from MassHighway, the curb cut could not be initiated until April 16, 2000 ("no bituminous concrete shall be installed between November 15 and April 15"). On April 18, 2000, I issued a check to Linskey Construction to commence the curb cut. At this time and as required by the Superseding Order of Conditions, haybales were purchased and a single row of staked haybales backed by a siltation fence and a "no work" zone fence was placed along the limit of activity. 5. in May, 2000, a contractor was hired to clear the brush and trees and clean out the large amount of debris (car battery, tires, bricks) that was dumped on this lot over the years. Shortly thereafter, an unpaved driveway was constructed on the lot. Also in May, 2000, test borings were conducted. 6. In March, 2000, Bell Atlantic (Verizon) was contacted to remove the telephone pole that was located close to the middle of the opening to the driveway. After many telephone calls, a site visit, and receipt of the Work Order from Bell Atlantic, I issued a check to Bell Atlantic in May, 2000 to remove the pole. Having no control over when the pole was moved, Bell Atlantic finally moved the pole on Saturday, September 9, 2000 (8 days ago) and 5 months after this action was initiated. 7. Simultaneously, a water service permit from MassHighway and an electric permit from Mass Electric for the installation of temporary electricity have been applied for and obtained. Temporary electric service has been installed on the lot 8. In August, 2000, structural plans for the concrete columns (pilings) were finalized and approved. Also, in August, 2000, the Fire Department approved the house plans. 3 9. Another setback is when negotiations with New England Homes fell through. I obtained an adverse report from Channel is Susan Wornick's Buyer Beware TV report regarding New England Homes. The house should be completed within the next 7-9 months. I am in negotiations with a contractor to install the concrete columns (pilings) and a builder to build the house. Much of the hard work has been done, I need this extra time to Finish the project. If you do not agree that local bylaws control (for variances for a Wetland Special Permit), I am hereby requesting a 1-year extension to the Superseding Order of Conditions. I hope that you will factor in the progress that has been made since obtaining the Wetland Special Permit in September, 1999 (the final approval that was needed to get this project underway) and also take into consideration the time restrictions on when work could be accomplished, i.e. MassHighway curb-cut conditions, and issue an extension for I year. I would like to meet with you to discuss this as soon as possible. I will call you on Monday to schedule an appointment for Tuesday, if possible. Sincerely, Joy P. Salvo cc: Salem Conservation Commission Attachments (1) CITY OF SALEM - MASSACHUSETTS WILLIAM J.LUNDREGAN Legal Department JOHN D.KEENAN City Solicitor 93 Washington Street Assistant City Solicitor 81 Washington Street 60 Washington Street Tel:978-741-3888 Salem, Massachusetts 01970 Tel:978-741-4453 Fax:978-741-8110 Fax:978.740-0072 FROM: John Keenan — Asst Sol. TO: Steve Dibble — Planning D t. Mark George, ConCom Cha erson CC. William Lundregan, City Sol. RE: Salvo Development on Loring Avenue DATE: 12 OCT 99 As you are aware the above captioned project was before the Salem Conservation Board in 1989-90 in which ultimately it voted against (3-2) granting the order of conditions. There is no mention in the local decision of its reliance on the local ordinance. Subsequently, the DEP issued a superseding order of conditions with various modifications. Now a decade later, after review before various boards and extensive litigation, the project (reduced from two houses to one) is poised to move forward with appropriate "sign-off"from the various departments. Regarding your signing off on behalf of the Conservation Commission, I am advising you that it is appropriate for you to do so at this time. Due to the DEP's superseding order, the local commission's decision and authority has been preempted. As reviewed in my earlier opinion of August 16, 1999, the case law on point provides specifically, "When a local conservation commission rests its decision on a wetlands by-law that provides greater protection than the act, its decision cannot be preempted by a DEP superseding order." FIC Homes of Blackstone. Inc. v. Conservation Commission of Blackstone, 41 Mass. App. Ct. 681, 687 review denied 424 Mass. 1104 (1996). With no mention of the local by-law in the decision, one would be hard-pressed to argue the decision rested _ upon stricter provisions of the local by-law. Hopefully this is helpful to you. Do not hesitate to call with any additional questions. 4 Lions Lane Salem, MA 01970 October 6, 2000 ",^�Lt-i✓1 Salem Conservation Commission One Salem Green Salem, MA 01970 RE: Lot 9316 Pierce Road (known now as 265 Loring Avenue); DEP File No. 64-184 Dear Members of the Salem Conservation Commission: On Friday, September 15, 2000, I received a voice mail message from Don Cefalo, Administrative Clerk of the Conservation Commission_ The voice mail message according to Don was a "courtesy call'. Don wanted to let me know that my Superseding Order of Conditions was due to expire on September 29, 2000. Well, I was baffled by this "courtesy call' because (1) the project has started, and (2) I am also operating under a Variance for a Wetland Special Permit, issued by the Board of Appeals which is also active. Also in this "courtesy call", Don indicated to me that he had called James Sprague at the DEP and suggested that I be in touch with Mr. Sprague. Attached is a copy of the letter, dated September 17, 2000, that I faxed and mailed to James Sprague, Chief of the Wetlands and Waterways Section of the Massachusetts Department of Environmental Protection. A copy of this letter was also date stamped and given to Don Cefalo on September 20, 2000. It is my understanding in talking to Don on Friday, September 29, 2000 that he never informed the Conservation Commission of this letter. Don stated that the Commission would not be involved because it is a DEP matter. I respectfully disagree. In a telephone conversation with Mr. Sprague on September 19, 2000, Mr. Sprague indicated to me that, as a matter of policy, DEP would issue an extension to the Superseding Order of Conditions if approval from the majority of the voting members of the Conservation Commission was obtained. It has taken me 10+ years and thousands of dollars to get this project underway and now when I have all of the necessary permits in hand, have started to move forward, and have made a lot of progress, I am not able to continue for fear of being issued a cease and desist order. 2 I am a lifelong resident of Salem and pay taxes on this property. I started this project when I was 35 years old; I am now 46. This 10+ years has resulted in my having to pay higher construction costs, losing 10+years worth of payments on a mortgage, extreme emotional distress, and a great deal of frustration. In the past, I have received extensions to the Superseding of Conditions from the DEP. They were issued during the time when the land was being litigated in land court or when I was pursuing the other approvals required to get this project underway. I am afraid that if an extension to the Superseding Order of Conditions is not granted by the DEP, the lot will return to its deplorable state. The contractor that was hired by me removed truckloads of trash and debris that had been dumped onto my lot over the years, which consisted of numerous red bricks, dead brush, chunks of concrete, car batteries, car parts, rusty pipes, the remains of a fence, beer cans, the remains of tree trunks that had been cut down elsewhere and discarded on my property, etc. I have started this project and want to finish it. While reading the attached letter, please note the progress and hard work that has gone into the site preparation of my lot and also take into consideration the time restrictions on when work could be accomplished, i.e. curb cut and telephone pole relocation. I am now seeking your support in favor of an extension to the Superseding Order of Conditions and would like to meet with your body at the next regular meeting to discuss this matter. I can be reached at 744-6791. Thank you for consideration in this matter. Sincerely, Jo ce Salvo Attachment cc: John Keenan, City Solicitor James Sprague, DEP 4 Lions Lane FAX TRANSMITTAL - HARD COPY TO Salem, MA 01970 FOLLOW IN MAIL September 17, 2000 James Sprague, Wetlands Section Chief Department of Environmental Protection 20�A Lowell Street Wilmin`non, MA 01887 RE 64-184 Dear Mr. Sprague: ,On Friday, September 15, 2000, I received a telephone call from Don Cefalo, Administrative c Clerk for the Salem Conservation Commission regarding the Superseding Order of Conditions I received from the DEP and stated that I should be in touch with you. It is my understanding that Don has also contacted you, but neglected to mention the variance for a wetland special permit approved for this lot. There seems to be a misunderstanding regarding the controlling authority, Local or DEP, in relation to the expiration date for this project. The Superseding Order of Conditions that 1 received from DEP is due to expire on September 29, 2000. However, I am also operating under a variance for a Wetland Special Permit that was received from the Salem Board of Appeals in September 1999. Salem Zoning Ordinances states that the rights authorized by a variance must be exercised (not completed) prior to its expiration. I was under the premise that the Salem Zoning By-Law cannot be preempted by a Superseding Order of Conditions because of the opinion of the Asst. Solicitor Keenan - see attached. All of the necessary permits, approvals, and variances for a driveway, house and utilities have been obtained for Lot #316 (Pierce Road), now known as 265 Loring Avenue. I'll keep this as brief as possible, but I want to give you some background information about what has occurred following the approval of the Superseding Order of Conditions I have made a good faith effort to complete this project in a timely manner, but there were circumstances that were out of my control. including an unusualh rainy summer, that have delayed its completion - see below. I have also invested a lot of time and money on this. I. After receiving the Superseding Order of Conditions, I applied for and received a Curb Cut approval from MassHighway .`:ext, wz applied for a «etland Special Permit from the Planning Board and were denied in February. 1997 We then appealed the City ruling and took them to Land Court in Boston. r V •_ In an order from Land Court Justice J. Lombardi, dated December 30, 1998. he stated "plaintiffs have failed to exhaust their administrative remedies, which include filing for variances." Based on that order, a variance for a Wetland Special Permit was applied for from the Salem Board of Appeals. The Variance for a Wetland Special Permit for Lot #3 l6 became effective in September, 1999 and is still active. Lot #317 did not receive approval. Please note that from the time that the most recent SOC extension was granted in June. 1997 up until the time that the Variance was granted in September 1999 this project was inactive because it was being litigated in Land Court. .y With all of the necessary permits, approvals and variances now in hand, I applied for a Building Permit and one was issued in October. 1999. AJI authorized personnel listed on the routing slip signed it. 4. Because of the terms and conditions contained in the curb cut approval from MassHighway, the curb cut could not be initiated until April 16, 2000 ("no bituminous concrete shall be installed between November 15 and April 15"). On April 18, 2000, 1 issued a check to Linskey Construction to commence the curb cut. At this time and as required by the Superseding Order of Conditions, havbales were purchased and a single row of staked haybales backed by a siltation fence and a '`no work" zone fence was placed along the limit of activity. 5. In May, 2000, a contractor was hired to clear the brush and trees and clean out the large amount of debris (car battery, tires, bricks) that was dumped on this lot over the years. Shortly thereafter. an unpaved driveway was constructed on the lot. Also in May, 2000, test borings were conducted. 6. In March, 2000. Bell Atlantic (Verizon) was contacted to remove the telephone pole that was located close to the middle of the opening to the driveway. After many telephone calls, a site bisa, dnu reccipl of the ��ork urcer from ben AUanuc, i issued a cneC6 to lien Mantic inlay, 2000 to remove the pole. Having no control over when the pole was moved, Bell Atlantic finally moved the pole on Saturday, September 9, 2000 (8 days ago) and 5 months after this action was initiated. 7. Simultaneously, a water service permit from MassHighway and an electric permit from Mass Electric for the installation of temporary electricity have been applied for and obtained. Temporary electric service has been installed on the lot 8. In August. 2000, structural plans for the concrete columns (pilings) were finalized and approved- Also, in August, 2000, the Fire Department approved the house plans. 9 ,another setback is when negotiations with New England Homes fell through. I obtained an adverse report from Channel Ss Susan Wornick's Buyer Beware TV report regarding New England Homes. The house should be completed within the next 7-9 months. I am in negotiations with a contractor to install the concrete columns (pilings) and a builder to build the house. Much of the hard work has been done, I need this extra time to finish the project. If you do not agree that local bylaws control (for variances for a Wetland Special Permit), I am hereby requesting a 1-year extension to the Superseding Order of Conditions. I hope that you will factor in the progress that has been made since obtaining the Wetland Special Permit in September, 1999 (the final approval that was needed to get this project underway) and also take into consideration the time restrictions on when work could be accomplished, i.e. MassHighway curb-cut conditions. and issue an extension for I year. I would like to meet with you to discuss this as soon as possible. I will call you on Monday to schedule an appointment for Tuesday, if possible. Sincerely, 7oyc46 P. Salvo cc: Salem Conservation Commission Attachments (I BEV WO CITY OF SALEM - MASSACHUSETTS WIWAM J.Licitor AN Legal Department JOHN D.KEENAN City Washington 93 Washington Street Assistant City Solicitor 81 Washington Street Salem Mach 01970 60 Washington Street Tel:978-7413 , Massachusetts 888 Tel:978-741-4453 Fax 978-741-8110 Fax:978-740-0072 FROM: John Keenan — Asst. Sol. TO: Steve Dibble — Planning D t. Mark George, ConCom Cha erson CC. William Lundregan, City Sol. RE: Salvo Development on Loring Avenue DATE: 12 OCT 99. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * As you are aware the above captioned project was before the Salem Conservation Board in 1989-90 in which ultimately it voted against (3-2) granting the order of conditions. There is no mention in the local decision of its reliance on the local ordinance. Subsequently, the DEP issued a superseding order of conditions with various modifications. Now a decade later, after review before various boards and extensive litigation, the project (reduced from two houses to. one) is poised to move forward with appropriate "sign-off"from the various departments. Regarding your signing off on behalf of the Conservation Commission, I am advising you that it is appropriate for you to do so at this time. Due to the DEP's superseding order, the local commission's decision and authority has been preempted. As reviewed in my earlier opinion of August 16, 1999, the case law on point provides specifically, "When a local conservation commission rests its decision on a wetlands by-law that provides greater protection than the act, its decision cannot be preempted by a DEP superseding order." FIC Homes of Blackstone, Inc. v. Conservation Commission of Blackstone, 41 Mass. App. Ct. 681, 687 review denied 424 Mass. 1104 (1996). With no mention of the local by-law in the decision, one would be hard-pressed to argue the decision rested upon stricter provisions of the local by-law. Hopefully this is helpful to you. Do not hesitate to call with any additional questions. --77bO 4 Lions Lane Salem, MA 01970 ?EGEIV r-D October 29, 2000 -1 3 James Sprague, Wetlands Section Chief Department of Environmental Protection &Y! Division of Wetlands and Waterways 205A Lowell Street Wilmington, MA 01887 RE: DEP File No. 64-184, Assessor's Lot#316, Pierce Road, Salem, MA Street Address: 265 Loring Avenue Dear Mr. Sprague: The purpose of this letter is to amend the letter I sent to Susanne McCarthy on September 19, 2000 regarding the installation of the pilings (reinforced concrete columns). Also in accordance with Special Condition No. 31(b) of the Superseding Order of Conditions, I am providing the following information: Pilings (Concrete Columns) to be installed by: T ce W Excavation Phil Thompson, Prcj. Supervisor 262 Chatham Street Glen Thompson, Alternate Lynn, MA 01902' �� Office/Home Telephone No. 78.1-599 3174 House to be constructed by: Great Woods Post and Beam Co., Inc. Paul Miller, Project Supervisor 21 Storey Avenue Bernard Christopher, Alternate Newburyport, MA 01950 Office Telephone No. 978-465-6407 If you have any questions, 1 can be reached at (978) 744-6791. Sincerely, • „ .. yea . loy e P. Salvo" s n of �m a,.er,'.;t . SFI a' t . - .. 1:'. xr•'.. v,Kc: Salem Conservation Commission CARTER & TOWERS ENGINEERING CORP. �J'cuwre�e, Z�accnePLa � e�i°'y�a Joseph D. Carter Protessonat Engineer 6 FAIRVIEW AVENUE Aeg,stered Land Surveyor SWAMPSCOTT, MASS. 01907 RECEIVED Tel. 592-8386 JUL 0 5- 1990 nn99 ��^gg p� @ �p p1pp June 5 , 1990 LG9M F��1'j �.9» � EI' � OR'9. Mr. William A. Krol , P.E. Wetlands Section Chief Re: Wetlands/Salem Commonwealth of Mass . D.E.P. File #64-184 Dept. of Environmental Additional Information Quality Engineering Requested from Corres- 5 Commonwealth Avenue pondence of 5/18/90 . Woburn, MA 01801 Dear Mr. Krol : To clarify and confirm my meeting of today with your representative Tracy A. Peter, we hereby submit the following requested data to verify that the project complies with the Wetlands Protection Act, Regulations 310 CMR 10 . 00 et seq. : 1 . The fresh water wetland on the north side of the undeveloped way shown as Pierce Road will flood to elevation 12 . 0 . This flood elevation is controlled by the outlet of the existing ditch which runs south to the Forest River. This ditch is shown on our plan beginning at A-20 and terminating at A-23 , (bottom of ditch elevation 7 . 8 ) . However, in the event of a tidal storm flowage in the mag- nitude of a 100 year interval, this fresh water wetland would be inundated to elevation 15 . 36, shown on our plan symbolized as I tinted in red. 2 . In all areas that are to be altered, we have added detailed grading, landscaping and erosion control data for the plan. Please note that the grading concept will not impact the abuttors as the grade is continuous without alteration or in- teruption from north to south which allows the surface sheet runoff to continue as it now exists . 3 . We agree that many of the wetland flags have been removed by vandalism, however, we have reproduced from our original field notes the flags that were inddvertenly omitted by our drafts person. They have been plotted and are now shown on the amended plan enclosed. CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING k (Continued Page II ) Mr. William A. Krol , P.E. '..Wetlands/Salem I -believe we have provided the requested data and in behalf of my client, respectfully request your consideration in issuing a Super- ceeding Order of Conditions which would allow the construction of the project to proceed. Very r Y Y , JOSEPH D. CARTER /tic Enclosure cc: Joyce Salvo Salem Conservation Commission Marblehead Conservation Commission Mr. Randall Wieting ,