11 HEMENWAY ROAD - BUILDING INSPECTION 11 HEMENWAY ROAD f
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THE COMMONWEALTH OF MASSACHUSETTS 8r�
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ORDER
WETLANDS PROTECTION ACT
G.L. C. 131 s.40
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FILE NUMBER: 64-30 PROJECT LOCATION: 11 Hemen . Road
Salem, MA. 01970
TO: Mr. Paul J. LaBrie CERT. MAIL NO:
11 Hemenwav Road, Salem, MA.
RE: NOTICE OF INTENT AND PLANS DATED: DATE OF RECEIPT BY
Mav 30 , 1978 ,. Revised Julv 17 , 1982 CONSERVATION COMISSION: June 11, 7�$
DATE OF PUBLIC HEARING:
July 8 1982
Pursuant to the authority of G.L. C. 131 s.40, the Salem Conservation
Commission has considered your notice of intent and plans submitted
therewith, and has determined that the area on which the proposed work is to be
done is significant to one or more of the interests described in the said act.
The . Salem Conservation Commission hereby orders that the
follovring conditions are necessary and all work must be performed in strict con—
formance therewith:
CONDITIONS
1. Failure to comply with all condition stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this order:
2. This order does not grant any property rights or any exclusive privileges;
it does not authorize any injury to private property or invasion of private
rights.
3. This order does not relieve the permittee or any other person of the neces—
sity of complying with all other applicable federal,state,or local statutes,
ordinances, by—laws and/or regulations.
4. The work authorized hereunder shall be completed within one (1) year from
the date of this order. The order may be extended by the issuing authority
for one or more additional one—year periods upon application to the said
issuing authority at least thirty days prior to the expiration date of the
order or its extension.
5. Any fill used in connection with this project shall be clean fill, contain—
ing no trash, refuse, rubbish or debris, including, without limiting the
generality of the foregoing, lumber, bricks plaster,wire, lath, paper, card—
board, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of
the foregoing.
6. No work may be commenced untill all appeal periods have elapsed from the or—
der of the Conservation Commission or from a final order by the Department
of Natural Resources has elapsed.
"Dn
CONDITIONS CONTINUED PAGE 2 FILE NO. 64-30
7. �No work-shall' be undertaken untill the final Order, with respect to the
,,,,%'proposed project, has been recorded in the Registry of Deeds for the dis
trict :in which the land is located. Copy to be furnished to issuer of this
Order showing book and page.
8. Upon completion of the work described herein, the applicant shall forthwith
request, in writing, that a certificate of compliance be issued stating that
the work has been satisfactorily completed,
9. A sign shall be displayed at the site not less than two square feet or more
than three square feet bearing the words,"Massachusetts Department of
Natural Resources, File Number 64-30
10. Where the Department of Natural Resources is requested to make a determina—
tion and to issue a •supperceding order, the Conservation Commission shall be
the party to all agency proceedings and hearings before the Department of
Natural Resources.
11. The work shall conform to the following described plans and additional
conditions;
The Commission has determined that the work and the area is significant
to storm damage prevention and issues the following additional orders :
a. All work shall be in accordance with drawings entitled "Plan to
Accompany Petition of Paul and Patricia LaBrie to construct a wall
and place fill in Salem, MA . " dated May 30, 1978, and Revised
July 12, 1982, and "Stability Computations for Proposed Retaining
Wall" dated July 12, 1982.
b. All work shall be done from the landward side .
c . All dredged material shall be stored on the landward side .
d. The proposed wall shall be connected to the adjacent walls by
;interlocking stones . The stones used shall be in accordance with
the Massachusetts Department of Public Works specifications.
CONDITIONS CONTINUED PAGE 3 FILE NO. 64-30
The applicant, any person aggrieved by this order, any owner of land abut-
ting the land upon which the proposed work is to be done, or any ten residents
of the city or town in which such land is located, are hereby notified of their
right to appeal this order to the Department of Natural Resources, provided the
request is made in writing and sent by certified mail to the Department of-
Natural Resources within ten (10) days from the issuance of this order.
ISSUED BY Salem Conservation
Commission
DEQE File # assigned August 6 , 1982 . Order mailed by Commission
August 9 , 1982 .
On this 22nd day of July 1982 , before me personally
appeared the above-named persons
to me known to be the person described in and who executed the foregoing
instrument and acknowledged that he executed the same as his free act and deed. .
My commission expires: ✓ ' ,5 �G sF�
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CITY EOFFICE
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August 10 , 1982
SPECIAL PERMIT
WETLANDS AND FLOOD HAZARD DISTRICT
MR. PAUL LABRIE
11 HEMENWAY ROAD,
SALEM , MASSACHUSETTS 01970 I
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On Thursday, August 5 , 1982 , the Planning Board of the City of Salem held a
public hearing regarding the application of Paul La Brie for a Special Permit
under Section P, Wetlands and Flood Hazard Districts , of the Salem Zoning
Ordinance, with respect to the construction of a retaining wall at 30 Belleau
Road, bordering 11 Hemenway Road, Salem , Massachusetts .
At a regularly scheduled meeting of the Planning Board on August 5 , 1982 , the
Board voted, by a vote of five in favor, none opposed, to approve the. application
as complying with the requirements for the issuance of the permit with the
following conditions:
1. That all work shall be done in accordance with plan entitled "Plan to
Accompany Petition of Paul and Patricia La Brie to construct a wall and
place fill in Salem , Ma. ” dated May 30, 1978 , and Revised July 12 , 1982 ,
and "Stability Computations for Proposed Retaining Wall" dated July 12 ,
1982 .
2. This order does not grant any property rights or any exclusive privileges;
it does not authorize any injury to private/public property or any invasion
of public/private rights.
I hereby certify that a copy of this decision has been filed with the City Clerk,
and a copy is on file with the Planning Board.
This Special Permit shall not take effect until a copy of the decision bearing the
certification of the City Clerk that twenty days have elapsed and no appeal has
been filed or that if such appeal has been filed, and it has been dismissed or
denied, is recorded in the Essex County Registry of Deeds and is indexed in the
grantor index under the name of the owner of record or is recorded and noted on
the owner's certificate of title . The fee for recording or registering shall be paid
by the owner or applicant.
WALTER B. POWER; III
Chairman, Planning Board
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REQUEST FOR REVIEW CO1,MNTS
SPECIAL PERMIT
DATE: July 6 , 1982
TO: ( Building Inspector ( ) Conservation Commission
( ) City Engineer ( ) Other:
( ) Board of Health
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Attached please find the application referenced below. The Planning Board
requests that you review this application relative to Section VII of the
Zoning Ordinance. We would appreciate your completing the form below and
returning it to us. Notice of -the public hearing for this application will
be forwarded to you.
( }� WETLANDS & FLOOD HAZARD DISTRICTS
( ) CLUSTER DEVELOPMENT
( ) PLANNED UNIT DEVELOPMENT
APPLICANT: Paul La Brie
PROJECT NAPE & ADRESS: 11 Hemenway
Construction of retaining wall
CONTACT PERSONS AND PHONE:
Applicant: Paul La Brie 745-7385 City: Salem
COMMENTS DUE BY: August 5 , 1982
(Failure to comment within 35 days shall be deemed lack of opposition.)
((/) Concur with proposal (Explain on reverse side)
( ) Need more information (Explain on reverse side)
( ) Cannot concur with proposal (Explain on reverse side)
( ) Comments included
REVIEWERS SIGNATURE TITLE DATE
e
CITY OF SALE:4MASSACHUSETTSi
APPLICATION ECEIVED
SPECIAL PERMIT
'82 JUL -6 P 3 :31
WETLANDS AND FLOOD HAZARD DISTRICTS
CIT CLERK'S OFFICE
Applicant: _ 1 �1'4"^
�. City Clerk Stamp
Address: M G {l✓/t -
Telephone: r7 yr �7 3Q ,
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Owner: `
Addresst�L-f
Location of Property: y _I
Project Description: <•CTV_ Q CF UE_
I. It has been determined by the Build Inspector thAt the above property
lies in the following area(s) ;
A. Wetlands District
Wetlands ( ) Buffet Zone ( )'
B. Flood Hazard District
Zone A ( ) Zone A3 (X) Zone V3 ( )
II. Information required includes this ;appli�ation and the follow* �ig additional
information (file one copy of everything with the Ciro ctP 1c andifiyt(„
copies with thie -�bard ; 'ally copies `Clerk)
A. A site pian at a scale of 1° equals 20' prepared by a registered .
land surveyor or registered professional engineer and showing at
least the followings ` '
1.. Lot Tines within,which the development is proposed and, the tie
in to the nearest road intersection;
2. The location, boundaries, and `dimensions of each lot in question;
3. Two-foot contours'6f ,the existing and propose' and surface;
4'.. Location of existing and pToposed, stiuctures, ii4ter-courses;
drainage and drainage easements, means of access, utilities,
and sewer disposal facilities- including leaching fields, if,
any. Proposed elevationsshould be noted.
5: Boundaries of all districts, 'areAs and zones as noted in
Section Z.
4
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B. In the Wetlands District, a determination by a qualified engineer
of the seasonal high water table, performed during the last two
weeks of March or the first three weeks of April. A minimum of
two percolation tests for each leaching area shall be performed.
C. In cases of flood-proofing 'or pile construction, certification
by a registered professional engineer or architect as to the
elevation of flood-proofing measures and as to compliance with the
applicable sections of the Massachusetts State Building Code
concerned with flood depths, pressures, velocities, impact and
uplift forces, and other factors associated with the base .flood.
Where specific methods or techniques have been previously certi-
fied, the Planning Board may waive this requirement.
D. A list of Federal, State, and other local permits required by the
applicant.
E. Descriptions relative to all conditions applicable in Section III
below.
III. Conditions (Complete those sections indicated (x) by the Building Inspector)
In the Wetlands and Flood Hazard Districts no structure or building,
including pipes and wells, shall be erected, constructed, substantially
improved, enlarged, or otherwise created or moved; no area shall be
paved; no earth or other material shall be stored, dumped, used as
fill, excavated, or transferred; and no sediment shall be caused to
be discharged from or onto a wetland, unless all the following condi-
tions are found to exist as part of the granting. of a Special Permit by
the Planning Board (Use additional pages if necessary) :
A. All Districts:
(X) 1. The proposed use will comply in all respects to the uses and
provisions of the underlying District in which the land is
located. Yes ✓ No
(X) 2. There is adequate convenience and safety of vehicular and pedes-
trian movement within the site, and in relation to adjacent
streets and property, particularly in the event of flooding
of the lot(s) or adjacent lot(s) caused by either overspill
from
water bodies or higlh. runoff. /
_4a Itira S/Q 10 / /eXC eLd Dr 17�r/aC/i!
(X) 3. Utilities, including gas, electrictity, fuel, water, and
sewage disposal, shall be.located and constructed so as to
protect against breaking, leaking, short circuiting, grounding
or igniting or any other damage due to flooding. (Provide
details)
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(X) 4. The cumulative effect of the proposed development or use, when
combined with all other existing and anticipated development
and uses will not obstruct or divert flood flow; substantially
reduce natural flood-water storage capacity in the local
drainage area; destroy valuable habitat for wildlife including
fisheries or shellfisheries; adversely affect groundwater
resources or increase storm water run-off velocity so that
water levels on other land are substantially raised or the
danger from flooding increased.
D/7etF� woo// LUi// Jr¢yen� E/DSic/>
B. Wetlands District:
( ) 1. The proposed development or use shall not include the storage
of salt, chemicals, petroleum products or other conta urinating
substances or discharge of any polluting liquids or materials
into streams, brooks or wetlands. (The polluting effects of
substances on the Wetlands are to be gauged by the "Rules and
Regulations for the Establic'.Iment of Minimum Water Quality
Standards and for the Protection of the Quality and Value of
'Water Resources" of the Commonwealth of Massachusetts.)
( ) 2. The floor level of areas to be occupied by human beings as
living or work space shall be four (4) feet or more above
the seasonal high water table.
( ) 3. If the basement floor level is below the seasonal high water
table and affords the possibility of human occupancy at some
future date, although not originally intended, adequate
perimeter drainage and foundation shall be installed to with-
stand the effect of pressure and seepage. Furnace and utilities
are to be protected from the effects of leaching. (Provide details)
Applies ( ) Does not Apply ( )
( ) 4. If the lot is to be served by an on lot septic system, the
leaching area designed for use, as well as a reserved area
for future expansion or total future use, shall be plotted with
dimensions on the site plan, and the leaching areas shall not
be constructed where the seasonal high water table is less
i
than 4 feet below the bottom of the leaching areas.
Applies ( ) See site plan
Does not apply ( )
C. Flood Hazard District (all zones):
(Xl 1. The floor of the basement, or(if none, the lowest floor of
new construction or substantial improvement of structures for
residential uses shall be at or above the 100 year flood level. .
�) 2. The floor of the basement, or if none, the lowest floor of
r� new construction or substantial improvement of structures for non-
residential uses shall be at or above the 100 year flood level
or the structures shall be flood-proofed to that level in
compliance with the applicable requirements of the Massachusetts
State Building Code. Flood-proofing measures shall insure
that the structure is watertight and that structural components
have the capability of resisting hydrostatic and hydrodynamic
loads and the effects of bouyancy.
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D. Flood Hazard District, Coastal High Hazard Area (Zone V3) :
( ) 1. New structures or substantial improvements shall be located
landward of the reach of Mean High Tide.
New structures or substantial improvements shall be elevated
on adequately anchored pilings or columns, and .securely
anchored to such pilings or columns so that the lowest
portion of the structural members of the lowest floor (ex-
cluding the pilings or columns) is elevated to or above the 100
year flood level. Space below the lowest floor shall be free
of fixed obstruction. (Provide details)
( ) 3. The support of new structures or 'substantial improvements shall
not be, in whole or in part, by the use of fill. (Provide details)
i
IV. Procedure
The Planning Board shall, within 7 days after the filing of this
application, transmit one copy of said application, plans and all other
submitted information to the Inspector of Buildings, City Engineer, Board
of Health and Conservation Commission who may, at their discretion,
investigate the application and report in writing their recommendation
e to the Planning Board. The Planning Board shall not take final action
on such application until it has received a report thereon from the
Inspector of Buildings, City Engineer, Board of Health and Conservation
Commission or until thirty-five (35) days have elapsed after dis-
tribution of such application without a submission of a report. The
Planning Board Shall hold a Public Hearing on said application as soon
as possible after receiving the above reports, in accordance with
Chapter 40A of the Massachusetts General Laws. The Planning Board
' shall notify the applicant in writing of its decision on the special
permit. The decision shall document the proposed development or use
and the grounds for granting or refusing the special permit. The
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Planning Board may, as a condition of approval, require that the appli-
cant give effective notice to prospective purchasers, by signs or
by recording the special permit at the Registry of 'Deeds, of the wet-
land or flood hazard conditions associated with said premises and the
! steps undertaken by the petitioner or his successor in title to
alleviate the effects of same.
Signed
Title
Date
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