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437 LAFAYETTE STREET - BUILDING INSPECTION ,AFAYETTE STREET ,' ' f 3so� � a �'ay �-r�� StRLQ� <f 3`7 ,.� � Y MASSACHUSETTS PROPERTY INSURANCE UNDERWRITING ASSOCIATION Two Center Plaza Boston,Massachusetts 02108.1904 (617)723.3800 Ma Only(800)392-6108,FAX(8001851-8424 4/2/2016 Form of Notice of Casualty loss to Building Under Mass.Gen. Laws,Ch.139,Sec.313 SALEM BUILDING COMMISSIONER SALEM CITY HALL SALEM MA 01970 Re: Insured: RICHARD T MOORE Property Address: 437 LAFAYETTE ST,SALEM,MA 01970 Policy Number: 0671737 Type Loss: Furnace/Boiler Date of Loss: 03/29/2016 Claim Number: 405490 Claim has been.made imalving loss,damage or destruction of the above captioned property,which may either exceed$1000.00 or cause Massachusetts General Laws,Chapter 143.section 6 to be applicable. If any notice under Massachusetts General Laws,Chapter 139 Section 3B is appropriate, please direct it to the attention of the writer and include a reference to the captioned insured,location,policy number,date of loss and claim or file number. MPIUA Claims Division CMA00021 of P$Ulem, massar4usttts Publir Propertg Department Nuilbing Department (One Lznlem (Sreen 508-745-9595 Ext. 388 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer June 24, 1993 TO WHOM IT MAY CONCERN: RE: 437 Lafayette St. , Salem Single Family District (R-1) Please be advised that according to our records the above referenced property is a lawful single family dwelling and that the presence of an additional kitchen does not constitute a second dwelling unit. Citizens of Salem are allowed, by right, to have more than one kitchen and/or bath. `enc rely tq- Leo E. Tremblay Zoning Enforcement Officer LET:bms NEEDHAM,MA, LYNNFIELD,MA. _ WORCESTER,MA. ' W.SPRINGFIELD.MA. • ',.� 't:,� PITTSFIELD.MA FALMOUTH.MA. -- �Pao'S PROVIDENCE.R.1. O C I k A a MANCHESTER,N H. W = PORTSMOUTH N.H, • V f ASHLAND.N.H. ALLIED 4 KEEhENHBUR-INGTON,VT.POTLA . 4// 1��Oa• TILLLE.ME. , eo• ADJUSTMENT WAERV $ W „AVEN.DT BRIDGEPORT.CT. SERVICEW HARTFORD CT 4 STAMFORD.CT, 200 BROADWAY,SUITE 105• LYNN FIELD, MASSACHUSETTS•01940-2314 TELEPHONE—AREA CODE 617-581-6466 - OTO: Building Commissioner or Board of Health or Inspector of Buildings Board of Selectme City Hall ) ( City Hall addresses Salem, Ma. 01970 ) ( Salem, Ma. 01970 RE . Insured: Bronislawa Moore Property address:: 437 Lafayette St. , Salem; Ma. 01970 Policy No: NBSC27446 Commercial Union Ins. Co. Loss of April 9, 19 87 File or Claim No: 4-6044 Claim has been made involving loss , damage or destruction of the above captioned property , which may either exceed $1 , 000 . 00 or cause Mass . Gen . Laws , Chapter 143 , Section 6 to be applicable . If any notice under Mass . Gen . Laws , Ch . 139 , Sec. 3B is ap- propriate please direct it to the attention of the writer and include a reference to the captioned insured, location , policy number , date of loss and claim or file number. Craig McDonald (Signature) y Title : Adjuster ''On this date , I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail . Signature and date w • NEED,,AM,MA. LYNNFIELD.M.A WORCESTER,MA W SRRINGFIELD.MA PITPSFIELD.MA FALMOUTH.MA �O•S�Eq� PROVIDENCE R I. wP /�C MANCHESTER.N H. - W = PORTSMOUTH.N.H. ACH_AND.N H • ; KEENE NH y ALLIED RJR.NGTON VT PORTLAND.ME 4�//ED•ti�� • ADJUSTMENT WATERVILLE.ME. W HAVEN.CT. SERVICE W HAq PORT CT W HAFORD,C CT. STAMFORD.CT 200 BROADWAY,SUITE 105•LYNNFIELD, MASSACHUSETTS•01940-2314 TELEPHONE—AREA CODE 617-581-6466 - - OTO: Building Commissioner or Board of Health or Inspector of Buildings ✓ Board of Selectmen City Hall ( City Hall addresses Salem, Ma. 01970 ( Salem, Ma. 01970 RE. Insured: Bronislawa Moore Property address : 437 Lafayette St. , Salem, Ma. 01970 Policy No : NBSC27446 Commercial Union Ins. Co. LOSS of . April 9, 19 87 File or Claim No: 4-6044 Claim has been made involving loss , damage or destruction of the above captioned property , which may either exceed $1 ,000 .00 or cause Mass . Gen. Laws , Chapter 143 , Section 6 to be applicable . If any notice under Mass . Gen . Laws , Ch . 139 , Sec. 3B is- ap- propriate please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number , date of loss and claim or file number. Craig McDonald (Signature) Title: Adjuster on this-date , I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail . Signature and date of �talem, Allboaclluse##g Misr Oepertment VeabquarPerp 48 Eafagette #Ire �atnea A- 39rennan ( F CI7EFti,lAAS S. r., September 10, 1979 ; Ms. B. Moore 437 Lafayette Street Salem, Mass. 01970 Dear Ms. Moore: e As a result of an inspection made this date of the exhaust vent from the lower level cooking unit, it was found that said vent appears to have been disconnected or never installed correctly initially. This connection of the duct has apparently been the cause for some of the smoke condition being created recently. The dip downward in the long exhaust run may also add to the poor circulation, and may be a reason also for the fan not being capable of exhausting sufficient product over the long length of the duct. I am not qualified as an engineer to make the complete determination for the entire problem of exhausting incapability, but the open or separated duct located under the counter is a definite fire hazard and should be corrected by your contractor immediately. You may require an engineer to determine the correct cfm-for the exhausting of air with a proper sized fan unit. Respect ly your, C>7_1 ' Lt. David J. ggin�(/ Salem Fire M shal cc: Building Inspector Electrical Inspector file .COpLI.-i•\ ti �] �:1'LY�I of c cT�L'?lt, �"1�aI59cIC(tlt5�'f�5 +lrparfnwid of public porhr ANTHONY V. FLETCHER..R.P.E. _ CITY ENGINEER - - Match 8, 1976 MA. John Powete Bu.iCd.ing InspectoA One SaCem Gteen . Satem, Mass . . - Dear Mt: Powete : I wish to i n6otm 'you that we have approved 4eweA connection . pe&m.itd Son .the ,Sottow.£ng: a) Lot Z-2 (No . 1 Lautent- Road)_to Megatopotis Reatty Thust Sot a bout unit apattment' buitcling: b) Lot 48 (neat No . 441 La6ayette Sticeet) to Etneb.t R. Betteau Sot a .three bedroom eingte 6am.ity dwetting . c) Lot 4A (nea)L No. 441 La6ayette SPeet) to Etnest. R. Betteau 6o,% a three bedroom a.Cngte 6am.ity dwetting . d) Lot 1 (neat .No . 435 La6ayette StAeet ) to EAnebt R. Betteau Sot a .th)tee bedroom b.ing.t'e 6am.ity dwetting . e) Lot B (No. 5 Ctowd.i.s Street) to EAneet R. Betteau bot a .three bedroom s.ingte Sam.ity dwetting. 16 you tequ.ite any 6u4ther .in6oAma.t.ion teganding the above, pteaae contact me. Vetty' ttuty youra , A . V. FteteheA, P. E. City Engineer ' AVF/cc i ' i i 0 �a 1 rr� µ1 6N �D (w4v �ti F IA.� ' 12'10 /htrtaby c¢rfify ���aha fyix� PLOT PL.AN OF -ANO //Y sharrn h¢raon is /orn�ac/on fh¢ _ _ _-- 9jrotiix�os shorrri and that it ----- - — - - conforms to the Zoning Laws of PQEPq 2Eo FOR the City of Salem. __ _--- V FREDERICK G�... ES'.SL�-X srJQV�Y SE.P II/C�'� /Nc. M. rtyw 47 FEOE PAL 5772EC77 FORBES ti Nc. 27878 O S.,1 L EMS MAsa: c� R Lb/i•' .P¢g�' f¢ra urv¢yor _Speed Letter® as-sot_ Speed Letter® To Joan Jukins/Collector From Wm. Munroe Subject 437 Lafayette ST . /Bronislawa Moore - MESSAGE "1 "PLEASE ADVISE IF TAXES ARE DUE" o its Date 9/ 12/88 Sie g Ms REPLY /} v , -NO Brom oho M1'01V Date 9 � Signed �� WilsonJones GRAYLINE FORM 21FART RECIPIENT—RETAIN WHITE COPY, RETURN PINK COP). [IM•PRINTED IN USA 1184 SENDER—DETACH AND RETAIN YELLOW COPY. SEND WHITE AND PINK COPIES WITH CARBON INTAC :s NORMAN V. CRANE & CO., INC. e 4djusters - appraisers ASSMO d- SINCE 1941 WPIWI114ANQ FOR INSURERS ONLY HA t AG1611R d ASSOcIAipd W SAMIIS P.O. BOX 715, SO. LYNNFIELD, MASS. 01940 '1EL. 599-0161 D:usi Date: Nov. 14, 1979 TO: Building Inspector TO: Board of Health City of Salem, City Hall City Hall Salem, Mass. 01970 Salem, Mass. 01970 RE: Insured• Bronislawa Moore Property Address: 437 Lafayette Street Salem, Mass. Policy No, FH110 3461 Loss of: Sept. 15, 1979 File No. A91-515 Claim has been made involving loss, damage or destruction of the above captioned property, which may either exceed $1,000.00 or cause Mass. Gen. Laws, Chapter 143, Section 6 to be applicable. If any notice under Mass, Gen. Laws, Ch. 139, Sec. 3B is appropriate please direct it to the attention of the writer and include a reference to the captioned insured, location, policy number, date of loss and claim or file number, BY: /_• �/ t�.cu»i�w�rx y� Adjuster On this date, I caused copies of this notice to be sent to the persons named above at the addresses indicated above by first class mail. BY,4'd ! i5i�� 117 b ate c a 12'10 � f /hcrstby-c¢rfi�y �ho��haba,;�iag ALOT PL-A/Y OF LAND //Y shown hamvn is 1h¢ _ Ji Wndosshorvr7 and. that it conforms to the ,Zoning Laws of .DQepgQEO 'Fv2 the City :of Salem. _ �..���v� _ �t�' �•ao}-rte _-- - - EP N ° MF Assgc Civ Z. /1,7CI7 WXMrl v FREDERICK -yN ESSEX SU.?v&Y SE�PV/C L /"c M. 47 FEOE?AL sT/2E� T . FDRBES ti ,p Nc. 7878 ^T ,Q7Td• 'S XON COM BUILDING DEPT ConservatYon Commission Salem. Massachusetts 01970 QCT 21 2 32 1 '76 �y hinss" �5 RECEIVED CITY OF SALEM.MAS October 19, 1976 Mr. John Powers Building Inspector City Hall Salem, MA 01970 Re: DEU File No. 64-10 Dear Jack: At the meeting of October 18, 1976, the Conservation Commission voted that the proposed pool construction for Mr. & Mrs . Moore of Lafayette St. would fulfil the Order of Conditions under the Wetlands Protection Act if the following conditions are met: (a) Two pressure relief valves are installed in the deep portion of the pool; (b) The complete pool is underlain by at least a 12 foot layer of gravel; (c) That the pool plans are approved for construction at that site by being stamped by a Civil Engineer who is a registered Professional Engineer in Massachusetts . The stamped plans must be accompanied by a letter from the Engineer stating that he is aware that the pool is , being constructed at a site in Salem Harbor which experiences a 100 year flood water level of 15.3 feet mlw (Salem Datum) . Yours sincerely, 6.apn E. French, P.E. Chairman BEF/sm c.c . Mr. & Mrs . Moore Mr. James Ballou, Architect rj1jILDIHG DEPT 9 g �' ttlem, ttsstttljusetts u. kt„mF„r* Fire Nvartment lieaDquartera RECEIVED �. IBM's CITY SE SAEEH,MAS$:IRE LAW AND CODE NOTICE Mr. Jack Sa Date February 15, 1978; vy Savy Electric14 °w::. 12 Lynch Street Rei Moore Structure tv '' Peabody, Mass. 01960 ;' 437 Lafayetty St. Sale , S irs, Our records show that you have not complied with the provisl.6218'',u of the Salem Fire Code and Regulations made thereunder as tolloWi `7 +,T Failure to file Certificate of completion for fire alarm system : . as applied for on Nov. 2, 1976. No test nor certificate has been received by this office. As a result of failure to comply, by filing the proper form or ' i . appearing by appointment at the .office of the Salem Fire Prevent 'oY!`' . Bureau, to correct the above coriditioni ON OR BEFORE February 22, 1978 ' such furthur action as the law provides shall be, taken by this C13' lb. Failure to comply may result in court action and/or revocation ! ` of the Certificate of Occupancy for the structure requiring the aA compliance as set forth herein.. Per orders ' Sf fta Salem Fire Preve ton 1-hoeoll or y ' CCI Electrical Inspector Building Inspector Mr. & Mrs. Moore h W) ` r, rrfi�ztt „• ��, h ;,,j ?Airr �xpt�rlmrnl �'irudquurlers , Date January 3�1., '1978." QThie( . . A Name : Mr. Al Weinstein Re : Moore Home , j � Eliot Electric o. ,_ . Address : 45 Sevinor Road , Marblehead , Mass. 43? Lafayette, St. Salem As a result of an inspection this date, of the nremises , • ,strtzctar© , ` opon i land. area or vehicle ow,.jed , occunie� or ntherwise under our control,- the followin^ recommendations .are submitted 2nd shall serve as 3 notice of violation of fire laws . These recorn-endations are 'lade the inti—r-est of fire prevention and to carr=ct rnndi.ti.ons teat are ,or 'ma,- become: q danaorous as a fire r,az.ar.d or are in d nl.ar,ion of the la ,°.' i1 ntt. C �k a VolJ are hereb�r notified to remeOv Raid ',,iol-atton3 named '+el,^w .wl ,hi:l1, seven days of the abowe 'd.4.te . k;#s Such' fur':h.ur action will he taken ac the law rer,u`_res , for, `failure " » comnly with the above recuirements wit^in the sti.nulated time . , (Reference . :general Laws of Commonwealth of tlassachusetts, . Chap-bar '11�d',Y y! Section 30;.° and the Salem Fire Code Article , i 1. It has been determined that ,you are the electrician of. record. . 4i.: (, Plana were submitted by Mr. Moore for a fire alarm system, to obtain , a building permit. It appears however that you have, not filed thp' r Form #81 (Application for Installation of Fire Alarm 'System) ,as,`. . �*` p required by the Salem Fire Cnde: ? ' t You shall therefor file said application and upon completion file Form #82 (Certificate of Completion) as request a test of .,the system. ,y y`I' I st t t is cci P. Tuttle, Wire Insp. Building Inspector Lt'. David J. Go�pin, Fire Nars�r� Trsnectnr , Salem Fire urevention Burea.u . , i Form 25A (nev. 8/77 ) gU1L01MG DEPT } V13 RECEIVED VAnSS. Ci.T.Y OF SNLt BUILDING !7£P1" r � iTr JAN 27 9 30 �, �-E�`:' 3,�irc �12purYtn�nl �:iettDgit7rizrs RECE=IVED �nmen T. CITY OF SALE.;, WSS, 1Becnnln )ate January 26 1978 (L'fl�eF i.Zme ; Mr. Rice Essex County Tradition Re : Moore (New Home ) Address ; 208 Essex Street, Salem 437 Lafayette St. Salem iks a result; of .gin i"nspect.ion thi�� d �ll:n or �.e nr,=;mi;;es structure , oven .Land. 8.rea nr Vi. n.�.r,� r porn^'l , 0:CBC° �•' nt.h F_ " !i^e ulnder ?OUT COntr01 , rollowinr "en0mnend—ih l nrl9 ar P, ^�!""' 1. .%e�+. 3n:: ^y;a 1.l_ S.Br V3 P3S 3 riot].C'e nl: vi o I ati on of fare l ;{,.r.> . `P i'.re 9R rc;•'nr, F,pdq ` �on7 ^..r -ia61e 1n rl'14', 1.n`e T'_ rSY. of fire nrev:?n'I; on a.nr: Y.r, ' ?ntr(' :i r OU2aZa 1 re Or iA�' hvr,ome .g 9 :f Ti_ �� r'a hT ._re In `/ i .^�.9j-.1�)Y; ^f t'f, Yogi are hereb:'r nn1:i'fi ,;0 i'n r ^!g! r;� ' r! , � n7 'iti.onn(,T--3 1;,s" 1.hin before Certificate of Gompl_e .i l issued. ",. 1-he ^.`rove dete . Such furth.Ur action s'j.17. i'.`7 '<Cen .. .. ;i�r,c, la.'.J rerSulres , for falli. re to ^�rl �- r , ,ti(i CO:.. ..._y with Cl tt ';b078 ^nri11 Fx.en' _ 1.t'^ ln t�1.L eta";'illa.};C;Ci. t=me . ( Re ferenCe : 'Tenernl L,iwa 0',� ..;OMT4'Jl^:`d c;:.l ".h. of M :g.?.CY' U9e tts Chapter 1L�d,' Section 30; r!.nd. the jc; iern Fire _ods Article 1 . ) 1. Oil burner inspection (Two Forced Hot Air, Units ) were inspected. a. Need all copper tubing laid on floor covered with cement or raised and secured 'to wall. b. No application has been received for the installation of the pool domestic hot water burner. FPR #3, Rule 8 requires a permit be taken out before work is started. The burner and piping have already been installed. This unit will require a fireamat:ic valve placed at the point where the oil feed line leaves the garage and enters into the main part of the house , the same as has beendone for the other oil feed line. Also the oil lines on the floor must be covered by cement. I also could not find the Mass. approval number on the Becket burner for this unit. 2. All holes from the garage as it enters the main house shall be filled in to provide a complete enclosure for the garage from spread of fire to the main dwelling unit. 3. I have as of this date not received a Certificate of Completion for the Fire Alarm installation from Electrician Sa vy A test will also be required par our Code, YA cci Building Inspector Lt. David J. Goggin _Sale,p_) ire Marshal _ Electrical InspectorI- n..:,;;ec �.-rr , �� , le,-. ''ir rrvs�nt. i on ,rea.0 \\F� � r2 c:, 3 ta� 1i VC �11�ttt�t;.t� rlau:Y,�UL Otte xI:L`t (&rV 'CITY C: 't S OFFICE SALEM- MASS- July ALEM- MASS.July 22, 1977 SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICT MRS. RICHARD MOORE 330 LAFAYETTE ST. SALEM, MASSACHUSETTS On Thursday, July 7, 1977, the Planning Board of the City of Sal-m held a public hearing regarding the application of Mrs. Richard Moore, for a Special Permit under Section P, Wetlands and Flood Hazard Districts, of the Salem Zoning Ordinance, with respect to construction of a pier, ramp and float on the property located at 437 Lafayette Street, Salem, Massachusetts.as shown on the enclosed plan by Robert Rumpf. At a regularly scheduled meeting of the Planning Board on July 21, 1977 the Board voted, by a vote of seven in favor, none opposed, to approve the application dated June 8, 1977 as complying with the requirements for the issuance of the permit. A copy of this application is on file with the Planning Board. I hereby certify that a copy of this decision has been filed with the City Clerk. 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, that 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 certif:'rate of title. The fee for recording or registering shall be paid by the owner or applicant. off' Walter Power III 'G9V1VHj 1V5 do A110 Chairman, Planning Board OIA13M LL, lid 6d 6 92 lar C.Ur7/!:o✓`+r _ — � FL1rAY ` .. �,'/r � �� t �r E Ivy lio17,�.14 _ (� {_ L Cy A I 1 9�cv 1�1_ 20�-0�� �;.i1G:/; � �✓ 9 >:� ✓''FLsvr�r: p L%i!✓E i"l y' lEOjPi� ��LL�Af% AIQ moo" f- firm/GD`O IJ ;ill /3.-/L� �0E-� � '!'✓'U:�LO OF HJH�i! //JC- p .� 2';an" /5 Nc".:.7./.'riY SF F�i.t.•.'C✓Y/�47. �=.7.0� i1 ✓ /• M,p Farc) I i Y'C EL(V. ' /•':.'i',:<if✓D Ij - /6•V LI�� , rC'OirG f k, rg���r_�'—r.�i 1) �.�-^-'_`� ` \l.' �'�l"�•-13 `��_:`- _ . /R.N 'VofSt CJAT Hfe.f `,•��l\`� t' G;"16 - 1C';• 3s.sr,-c l /� L r, rv._ - I (G.S I ! ki tit GER WWI. n KIS r. CT 10 1 Tr-- FLAN Pyr Al.L_W. 0.00 DATUPJI• •��;�Jr Cr T��: -c ;�;.�; I�r 4CCL'n'•PaWY Ci:"f 4l'10Pa `:iANTAIN QW: � C,`a1G��G p;C Z C:A/v1V FLOAT d S ,✓ r y +.� \.A fir, ,11✓ U 1 [tl a7 'e � a .tE.11::;3.:..T , n. r C 1 May 17`> 1976 Mrs. Bronislawa W. Moore 330 Lafayette Street Salem, MA 01970 Dear Mrs. Moore: Enclosed is the order of conditions for the work you propose to do. Please !J note that you cannot commence work until the 10 day appeal period from the ` dav vou receive this order- has elapsed and until you record this order in the Registry of Deeds. copy of the deed should be sent to the Commission and a sign displaying the file number should be displayed on the site. Yours sincerely, 1622 Brian E. Fren ch Chairman BEF/cc enc. File No. 64-10 cc: D.E.Q.E. 4letlands Division D.E.O_.E. Division of Waterways John P6-4ers , Building Inspector Planning Board, City of Salem THE � S (�'O�'L',L_�. EA!�:1 .. iv Jiz('i=ir SETTS :9,T-AND PRO^_ C IOti ACT G.L.c. 131 s.40 FILE NUMBER* 10 PROJECT LOCATION: _ Kegistered Mail i'o. TO: Bronislawa 14. Moore, 338 Lafayette S_. Cratic-rFrlb-a �/ 8220 Salem MA RE : NOTICE Or INTENT AND PLANS DA"--D: DATE OF RECEIPT BY .�/2$/7r DATE OF PUBLIC HEARING- CON,S_RVA.ION COMMISSION lt./'/ •='. and 5/V76 Pursuant to the authority of G.L. c. 131 s.40, the Sa em:-. onservation Commission has considered vour 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 following conditions are necessary and all work must be performed in strict conformance therewith: CONDITIONS 1. Failure to comply :with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revolve 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, state, or local statutes, ordinances, by-laws and/or regulations. 4. The work authorized hereunder shell 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 unon 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, containing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks, plaster, wire, lath, paper, cardboard, pipe tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 6 . No wort; rnav be co^menced until all appeal periods have elapsed from .._ Ordy'r O- t?';EE CC^- - ._O^ COmsnission OZ' lroiil a final Order by th- den artment of \a=ural ReSources has elapsed. u�n OC`,'D! _rC�:S CCN;71 TiTED PACE 2 FILE no. 64-10 i;'nd t ke until rder, tt- 7 . No work -shall be v_._er �..:___ u__ _ the- final O_ _ , with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located. Copy to be furnished to issuer of this Order showing boo's and page. 8. Upon completion of the work described herein, the apbtlicant - 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 orords, "Massachusetts Department of Natural Resources, File Number 64-10 - 10. 4dhere the Department of Natural Resources 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 of Natural Resources. 11 . The vork shall conform to the following described plans and additional conditions . Since the Salem Conservation Commission has determined that the area on which the proposed work is to be done is significant to storm damage prevention the following conditions shall be followed: ll .a As stated by the applicant at the public hearing there shall be no construction beyond the mean high water line. ll .b The yard grade elevation and the elevation of the lowest floor shall be at least 15.2 f mean low water- datum, which is the 100 year water elevation. ll .c. All footings adjacent to the water shall have at least 3 Feet of cover above the too of the footing and shall be protected from scour by riprao of a size customarily used at the location. ll ,d. The s:iimming pool .shall. be designed to be stable during the 100 year .nater elevation, 15.2 feet mean low water datum. _ 3, _ CO DT^ICN5 CONTINUED PAGE 3 F I L, NO. 64-10 . _ applicant, any, person aggrieved, by this order, any owner of land abutting the land upon which the proposed 4Torrr is to be done, or any ten residents of the city or, tot�/n in which such land. is located, are hereby notified of their right to appeal this order, to the Departr?lent of Natural icasources, provided the request is Made in writing and by certified mail to the Department of Natural Resources within ten (10) days from the issuance of this order. ISSUED BY Salem Conservation Commission 's 9, `' ✓�, ;, v.— � i 1 �i On this 17 day of May 1976, before re personally a7Daared the above members of th^ Cal m Cn ysorvatlon rnm '� - to me known to b2 the person described and who executed the fore i_^.strliment and acknowledged that he executed the sate-2 as his .free act - and deed. sion Erp-lre; �Qfwwr'm 5T, r 4�Y.b 1?S1't{ JS'. s - May 17, 1976 Mrs. Bronislawa W. Moore 330 Lafayette street Salem, MA 01970 Dear Mrs. Moore: Enclosed is the order of conditions for the work you propose to do. Please note that you cannot commence work until the 10 day appeal period from the day you receive this order has elapsed and until you record this order in the . Registry of Deeds. A copy of the deed should be sent to the Commission and a sign displaying the file number should be displayed on the site. Yours sincerely, 62 Brian E. French Chairman BEF/cc enc. File No. 64-lo cc: D.E.Q.E. Wetlands Division D.E.Q.E. Division of Waterways John Powers, Building Inspector Planning Board, City of Salem THE CO:u?ONSysAL="? OF mtASSAC_'USETTS ORDER WETLARD PROTECTION ACT G.L.c. 131 s.40 -_ FILE NUMBER: CA 10 PROJECT LOCATION: Registered hail i14. T0: Bronislawa W. Moore, 330 Lafayette St. 0220 Salem MA RE: NOTICE OF INTENT AND PLANS DATED: DATE OF RECEIPT BY /25/76 CONSERVATM ION COMISSION DATE OF PUBLIC HEARING: A/0170 and 0017 Pursuant to the authority of G.L. c.131 s.40, .the Salemonservacion 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 following conditions are necessary and all work must be performed in strict conformance therewith: t CONDITIONS 1 . Failure to comply ;with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. 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, 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, containing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of th6 foregoing. 6 . No 4aork may be co7ra.i_._ced until all appea! periods have elapsed from the Order Off the CcnxervatiOn Commission Or roil a final order by the Department os Natural Resources has elapsed. D" 30 - `0•DTTTCNS C=TIdU7D PAGE G _ _D ^io. 64-10 7 . No work shall be undertaken u^v_'_ the final Order, with respect i to the proposed project, has been recordec .in ane Registry of Deeds for the district in which the land is located. Copy to be furnished to issuer of this Order showing book and page. I 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 64-10 " 10. Where the Department of Natural Resources is requested to make a determination and to issue a superseding order, the Conservation Co,nission shall be a party to all agency proceedings and hearings before the Department of Natural Resources. 11. The %•;or% shall conform to the following described plans and additional conditions: Since the Salem Conservation Commission has determined that the area on which the proposed work is to be done is significant to storm damage prevention the following conditions shall be followed: ll .a As stated by the applicant at the public hearing there shall be no construction beyond the mean high water line.e($.g "� eu . ll .b The yard grade elevation and the elevation of the lowest floor shall be at least 15.2 mean low water datum, which is the 100 year water elevation. ll .c. All footings adjacent to the water shall have at least 3 feet of cover above the too of the footing and sha 1 be protected from scour by riprap of a size customarily used at the location. 201- c� CSP 52VPRlp I,L. *� II -d. The swimming pool shall be designed to be stable during the 100 year water elevation, 15.2 feet mean low water datum. _ 31 _ COAD=T=ONS CONTINUED PACE 3 Fiis I.O. 64-10 The applicant, any person aggrieved by this order, any owner of land abutting the land Upon which the proposed Work is to be done, Or any ten residents of the city or :own in which such land is Located, are hereby notified of their .right to . appeal this Order; to the De.Partment of Natural Resources, provided the request is made in Writing and by certified mail to the Department Of Natural ResOurces within ten (10) days from the issuance of this order. r Salem Conservation Commission ISSUED BY Mi p' On this 17 day of May 1976, before me personally appeared the above members of rh 0 �� 1LYL—ngni Sinn to ^e knoom to be the person described in and who executed the foregoing nst_umont and acknowledged that he executed the same as his free act and deed. e} Xy y comm ssio✓! .� MAMA , ai) expires :. il /µ,tONVI - THOMAS BERUBE BUI11 DEPT '{` gi t 7( ABBY BURNS �(4�L GL�� CJ i4l N� MICHAEL FREEMAN �4 'tl ARMAND GAGNE JAMES GARRITY i [I I1 PM '75 JANE LUNDREGAN T 'NI GERALD MCCARTHY G/,MroE TADIUS SADOSKI RECEIVED RAYMOND SWEENEY CITY OF SALEM,MASS. January 6, 1975 Mr. Timothy J. Noonan 4 Fairview Avenue Salem, Massachusetts 01970 Dear Mr. Noonan: I am in receipt of your letter of December 31, 1974 and have taken the following preliminary action. I have contacted Mr. Ralph Tedford, City Engineer, who has advised me that he has assigned a survey party to the area in question to determine the mean high water line as related to the United States Coast and Geodetic Survey elevations. This will determine the accuracy of the high water line as indicated on the plan in question. He has also agreed to examine the records at the Registry of Deeds to determine whether or not there is an easement for the sea wall, and the sea wall rip-rap, as referred to in your letter. I have discussed the matter with Mr. Bowman of the Essex Survey Service and he has advised me that he has searched the title as far back as 1905 and he finds no record of any easement at this location. I have called Mr. Powers, City of Salem Building Inspector, and have been advised that because of the present sewer problems in the City of Salem, no building permits will be issued at this time. As soon as there are any further develop- ments in this matter, I will contact you so that you may be kept abreast of our progress. Your letter indicates that you feel that the Planning Board has conferred an approval of some form upon the developer in this matter. This is not true and indicates a misunderstanding of a Form A application. Endorsement of a Form A by the Plan- ning Board merely states that the plan accompanying the applica- tion does not constitute a subdivision within the meaning of the subdivision control law. In the above case, all of the lots shown on the plan had frontage on Lafayette Street of a sufficient amount to satisfy the zonong requirements and the areas also met the requirements. Under the above conditions, the Planning Board was required by law to endorse the plan with- in fourteen (14) days after its submission or the Planning Board' s approval would be deemed automatic. The endorsed plan satisfied a requirement of the Registry of Deeds only. I would be pleased to discuss this matter with you or any of your neighbors at your convenience. The next regular meeting of the Planning Board is scheduled to be January 9 , 1975. If -2- Mr. Timothy J. Noonan January 6 , 1975 it would be convenient for you, please feel free to attend this meeting and discuss this matter with the entire board. Very truly yours,,( Gerald T. McCarthy �J Chairman GTM/kms cc Mayor Jean A. Levesque City Planner W. Gregory Senko . Councillor Peter Bouley Building Inspector John Powers Chairman of Conservation Commission Donald Hunt APPLICATION FOR PERMIT PERMIT NO. 16 3V - FOR RE: North Coastal EXTENSION OF SEWERAGE SYSTEM Salem For Issuing Office Use Only TO: THE DIRECTOR April 30, 1975 DIVISION OF WATER POLLUTION CONTROL (Date) 100 CAMBRIDGE STREET BOSTON, FlASS. 02202 RE: Permit For Sewer Extension Under Provisions of Section 43, G.L. Chap. 21 Anthony V. Fletcher, P.E. City Engineer (Naeie of Municipal Board or Official Making Application) OF THE of Salem, Sputh Essex Sewerage City HEREBY APPLIES (Name of Municipality or Sewer Distri.et) FOR A PERMIT FOR CONSTRUCTION OF A SEWER EXTENSION•OR EXTENSIONS. 1) NUMBER, OF RESIDENCES TO BE SERVED 1 ESTIMATED POPULATION Single Family 2) OTHER TYPE OF ESTABLISHMENTS TO BE SERVED NONE 3) DESIGN FLOW-GALLONS PER DAY: DOMESTIC 1 450 INDUSTRIAL 0 TOTAL 450 4) LENGTH AND LOCATION OF SYSTEM (ATTACH SKETCH OF LOCATION) Service Conn. 4-i3 Lafayette St. , Bronislawa W. Moore (NEmes of Streets - May Be Listed on Separate Sheet) 5) RECEIVING WASTEWATER TREATMENT FACILITY (See Instruction 2) Name: South Essex Sewerage Capacity: 16.5 MCD', 36.6 MGD District Present Flow Design Flow 6) IS SUCH A DISCHARGE COR`SISTENT WITH MUNICIPAL SEWER REGULATIONS? Yes x No_ If No, Explain: 7) NAME OF ENGINEER DESIGNING SYSTEM . Mass P.E. Number ADDRESS /OF. DESIGyNING�G ENGINEERNot equired — 4" V.C. or A.C. , House Conn. (Signature/Ond Title of Apprdpriate Municipal Official) (over) (For Issuing Office Use Only) Approved %T'g(Date) 3, 1975 D , '' 'I'yJr➢ 0 cl�t!�tr /Z)Octobe �M C Director Division of Water Pollution Control FORM WPC-P-1 ENGINEERING DEPT. DATE: OCT 81975 —Sketch-for..Pr-oposed--Se;•re.r.- L;ct -nsion ' Comin,-._of- Massachusctts — -- ----City: —Salem - - ------ �_---- --Div.--of-11zzter---Pollution-Control--------Location:- - Lafayctte - Street/ - ---100 -Cambridge- Street---- — -- -------near. Raymond-Avenue -------- -Boston,--1 dassaehusetts.---W-_-- �— Date:— ------- — - 4 NJti 1 �• OFOO /7 of rlO� sty, YG La is -,fO' s � • 4� Pref».•<<✓ �y UN ArrL1;At1FORFOR PERMIT PERI4IT N0: 1-' 16 F a RE: North Coastal EliTENSION OF SEWERAGE SYSTEM Salem For Iesuing Office Use Only TO: THE DIRECTOR DIVISIONOF WATER POLLUTION CO'ttTROL April 30, 1975 100 Ck0R1DGE STREET (Date) BOSTON, I',ASS. 02202 RE: Permit For Sever Extension Under Provisions of Section 430 G.L. Chap. 21 Anthony V. Fletcher, P.E. City Engineer (Nacre of Ifunicipr,l Roard or Official Making Application) OF THE of Salem, Sputh Essex Sewerage G.ity (Name of Municipality orSew DlDistl.ict) HEREBY APPLIES FOR A PERMIT FOR CONSTRUCTION OF A SEWER EXTFNSION•OR EXTENSIONS. 1) NU;SBER OF RESIDENCES TO BE SERVED1 r ESTIMATED POPULATION Single Family 2) OTHER TYPE OF ESTABLISHMENTS TO BE SERVED NONE 3) DESIGN FLOW-GALLONS PER DAY: DOMESTIC 450 ._ INDUSTRIAL 0 TOTAL 450 4) LENGTH AND LOCATION OF SYSTEM (ATTACH SKETCH OF LOCATION) Service Conn. y4�Lafayette St. , Bronislawa W. Moore (Names of Streets - May Be Listed on S®perEte Sheet) 5) RECEIVING WASTEWATER TREATMENT FACILITY (See Instruction 2) Name: South Essex Sewerage Capacity: 16.5 MGD. 36.6 District Prescnt Flow MCD _Design Flow j 6) IS SUCH A DISCHARGE CONSISTENT WITH MUNICIPAL SEWER REGULATIONS? Yes x 4 If No, Explain: No 7) NAME OF ENGINEER DESIGNING SYSTEM I t i Mass P.E. Number ADDRESS OF DESIGNING ENGINEER ENGI/NEER Not,-required — 4" V.C. or A.C. , House Conn. C 7t£/ l r ��✓� J� ' i (Signature Cnd Title of Apprdpri,, Municipal Official) f (over) (For Issuing Office Use Only) . i Approved ' Octob� e_ r. 3 1975 (Date) Director FORM WPC-p-1 ENGINEERING DEPT. Division of Water Pollution Control DATE: OCT - 8 1975 �wi ,Fi.-o-o r,3ssacttuset�s ----City: --Salem ----'--- --- Div,-- f-:9ater-.-Pollution t -Conrol--- -----Location:- Lafayette Street/ - -Cambridge- Street- - -- -- ---near Raymond Avenue - --- .---IIoston,--t4,assachusetts -----•---- — Date:— ----- y '1 Y•a7�tir� s7n✓c% .GAJ ro"""e &;vc111:j T aN7 ' / Sc,r7ta.-y sewer �. o+oo /r �� N,g✓ �lpt/l LAFAY �• s .7f Q7 1 4 , • / rCP�rer✓ 1jJc .. � Ci fc� O� �c�c•rN a 6 C iii of c tI ttt, C css tclluset C4 epartuunt Elf 'Jjublic perks ANTHONY FLETCHER. R.P.E. �l1 �'0-Z'r - n CITY ENGINEER - �J$j1�/ D Movembex 4, 1975 .Tonin B. Potuehd- - Bu.ikd,ing Indpectox One Sof-em Gxeen .Sa.iem, Mass . Deax Mx. Poweltd : I am enctozing box youx in6oxma.t.ion copies o6 thxee penm.its box dewex extensions at .the 6otZow.ing .Coeat.ions : 1 ) 31 Lawxenee Stxeet to Mx. F. Ctout.iex 2 ) 37 La6ayette Stxeet to Bh.on.istawa Mooxe 3) 26-28 Cxowd.id StAeet to Robext Latoxe to Thede pexm.its have att been appxoved by .the State D.ivi,5ion 06 Watex Pottut-ion Contxot and by the City Eng-ineex. Very txuZy yours , R.iehaxd P. Swenson Asst. C.iv.i 2 Eng.ineex n RPS/cc APPLICATION FOR PERMIT PERMIT NO. 16 FOR RE: North Coastal dk` 04 \V �y EXTENSION OF SEWERAGE SYSTEM Salem O � For Issuing Office Use Only e o� 4'0 7- TI1_ DIRECTOR April 30, 1975 D14iSION OF WATER POLLUTION CONTROL (Date) 100 CAMBRIDGE STREET BOSTON, MASS. 02202 RE: Permit For Seeger Extension Under Provisions of Section 43, G.L. Chap. 21 Anthony V. Fletcher, P.E. City Engineer OF THE (Name of Municipal Board or Official Making Application) of Salem, Sputh Essex Sewerage f itsHEREBY APPLIES (NEme of Municipality or Sewer District) FOR A PERMIT FOR CONSTRUCTION OF A SEWER EXTENSION OR EXTENSIONS. 1) NUMBER OF RESIDENCES TO BE SERVED 1 ESTIIIATED POPULATION Single Family 2) OTHER TYPE OF ESTABLISHMENTS TO BE SERVED NONE 3) DESIGN FLOW-GALLONS PER DAY: DOMESTIC 450 INDUSTRIAL 0 TOTAL 450 4) LENGTH AND LOCATION OF SYSTEM (ATTACH SKETCH OF LOCATION) 937 Service Conn. -444 Lafayette St. , Bronislawa W. Moore (Ne.mes of Streets - May Be Listed on Separate Sheet) 5) RECEIVING WASTEWATER TREATMENT FACILITY (See Instruction 2) Name: South Essex Sewerage Capacity: 16.5 MGD, 36.6 MGD District Present Flow Design Flow 6) IS SUCH A DISCHARGE CONSISTENT WITH MUNICIPAL SEWER REGULATIONS? Yes x No_ If No, Explain: 7)' NAME OF ENGINEER DESIGNING SYSTEM Mass P.E. Number ADDRESS OF DESIGNING ENGINEER No equired - 4" V.C. or A.C. , House Conn. (Signature/Ind Title of Appropriate Municipal Official) (over) (For Issuing Office Use Only) i } Approved . October 3, 1975 Nv 9 (Date) _ ?M� Director Division of Water Pollution Control FORM WPC-P-1 ENGINEERING DEPT. .-. ..-,- nrT 0 1e7C H r. oY...1"LCt)J��.11 r� )i7.T -Ext_nPion ----------- i —_-_ t,l'✓ . O� ..i'7<".:C..T.. Po.L.I. iti opl.,Cont:_OZ �.. -Location:— Lafayette Street / eqc S'Lre(,t - --- --} - -rcar I;aj>nond Avenue - --- !- \ . a J 1 • Os 0l! i> � _ 9 l THE SALEb1 MASS.,EVENING NEWS. """"" p ^"'V"` O° ""' + Ur auamg new, r-aragrapa Li., Itequirements.for Development Permit MONDAY,NOVEMBER 3,1975 Any person acting.in such a manner as to come within the g..•; — , definition of residential development use, shall under this or- t._. dinance be required to apply for a development permit for this Lle9ANotites tegalNonces useEromthePlanningBoard.Said ermitshallbe granted all _ ® 4 ��4==iparcel under review has-met t e standards of-issuance fa " �,UI?SALEIi residential develo ment contained herein I said app icatic, Tn the year.one thousand nine hundred and seventy-five . does nobmeet a standards for residential development con Aa Ordinance-.to amend an.Ordinancelrelative to Zomn , i !nod herein, it shalt be denied.. Zoning. Section 4. Amend Section IV by adding new Paragraph H.' Beit ordazned by the City Council of the City of Salem as i Procedure for Development Permit Application, follows: 1.Preliminary Application=Prior to a format application tc Sectloq. ] Amend Seaton I; Purposes;: 6y adding the the Planning Board for development use permit,.the develope! following:_ <'. - may submit a preliminary.application to--,the Planning l a Itis recognized that the provismn of mumctpaitacilities Department in sufficient detail so that,the application can bi andservicesmust accompany residential development and' ; reviewed with respect to all standards set forth in Section IX-: such costs must be borne by the city inwhichsuch of this Ordinance as to the availability of"municipal service; takes place despite the ability of the community to financially and facilities and projected improvements scheduled. in thi support such growth or the present adequacy.of its existing Capital-Improvements Program of the:city: Th,Planning municipal systems..: A`phased development re4ulation is Department shall,within ten (10)days thereafter,present sucl required which will allow developrnent to,proceed m conjunc--: findings to the developer who may.then.decide, based upol "tion with community plans as set forth is the official map, these findings;to submit an application to the Planning Boan :capital improvements program,master plan,laws,ordinances,': for a development use permit.. ; and regulations and other studies Such a.phased development 2.. Application- for. Development Permit Prior to th "regulation will act:to: issuance of any building permit,the developer shall be require (1) coordinate residen hal developmentwi the expansion to submit an application to the Planning Board in sufficien of municipal facilities _ detail so that the application can be reviewed with'respect to a' t(2) protect and enhance the histone and,natural resources standards set forth in Section IX-I of this Ordinance as.to th of the community;: ' . -- - availability of municipal services'and facilities and pro jecte (3) support a policy for balanced fiscal,planning as deter improvements scheduled iii_ the Capital .Improvement mined by the master plan;and capital improvements program, program of the City. Therefore;in order to:meetsuch goals,the phased developmenE' In the case of single-family residences, a developer will b regulation amendment contained herein will act to:phase required to submit an application to the Planning Board;an growth ina mannerconsistentwith(heaimsof themasterplan, approval of the application and issuance of a development capital improvements program;and other planning documents., [nit will occur if the following standards are met as well as with the purposes set.forth.in the.Zoningn.Enabling (a1 aapplication will not befor more than three(3)sinili Act;Chapter 40A of the General Laws oP the Commonwealth of a nil residences - Massaatechusetts, which empowers a-city to 'facilitate the (b).t e sing e-ari»ly residences[vilCnotbe part of a larg( a�cU �nv alert 0f transportation water sew rase �ehoots urele, planned'or accepted subdivision or development,: barks and other requirements"and to"encourage the most ap- in all other-cases the Planning Board,upon receipt of applic; propriate use of land throughout the city tion;shall-proceed.to.give notice for a Public Hearing.of tt Section I Amend Section fl, Subsection B, Selected Terms: application,.said notice to be no'less than.fourteen (1.1) da} and Words, by..adding after.Building Principal and before. before the date of that hearing.The Planning Board,shall; t Clinic, Medical or Deatal-the following: necessary;request reports from appropriate city;county; c Capital ImprovemeatsProgram—The capital improveirieiits other government-agencies,:boards; or officials as relaung l program shall be prepared by the:Planning Board,assisted by this application.: the Planning Department,and approved by the Mayorand'the 'The:Planning Board shall. within thuty:(30)days after it City CouncilThis Capital-Improvements Program shall be in conclusion of the Public Hearing,but not later than sixth (o! seven year incremental periods of effectiveness,not to,exceed a days.after receipt of the application,render a decision. If u total of 21 yeats,for the development of.the city in accord with Planning Board determines that said conditions have been m the master plan and official zoning map in order to provide for as determined by the standards.of issuance for.residenti; maximum orderly,.adequate and economical provision of development use,it shall specify to the applicant in writing it transportation water;,sewerage drainage;parks and r&rea- details wherein said:application meets "such standards i tion, schools, municipal facilities and structures and other required.If the Planning Board determines:that said eondifioi public requirements: y have not been.met as determined,by the standards.of issuan( City—_CityofSalem - for residential'.developmentuse.itshall specify:tothe applicai Also,byaddingafterConvalescentotNurslaii -the details wherein said application fails t eapdbefore . in writinumeetsu( Dormitory, the followings: standards asrequired_, Developer—Any person(a) who,having an interest in land. Section 5. Amend Section IX by adding new Paragraph causes it directly or.indirectly to be used for residential Standards for 13SUaZCe of Development Permit. development;or (b)-who,directly or indirectly sells,_leases or 1. Standards for Issuance of Development Permit, Reslde develops or offers to sell, lease.ordevelop, or advertises for tial Developmcut Use—Nodevelopment permit shall beissai sale. lease or development any lot,plot, parcel, site; unit or: by the Planning Board for residential development unless sa interest for residential use. parcel has available twelve.(12) development points on t) Development Permit--a.perm[to be issued to a developer following scale of values: ' by the Planning Board granting the right to develo a given . Sewage parcel of land for residential use after said parcel nas been ap Within /a mile 0f a ma}or interceptorsewer• 8 pts. proved or such eve opmentasdeterminedbythestandardsof Within 6x mile of a major interceptor sewer.* .4 pts. issuance for residential development contained herein. r Beyond ',4 mile of a major interceptor sewer•.0 pts. Development Use, Residential -The erection or construe- • Existing major interceptor sewers are those shown tion of dwellings on any plots,lots or parcels of and or.any por- Figure 11,page 27,of the"Housing In Salem"Report,prepar tion thereof. by the Salent Planning Department,May 8,-1974. Future maj Alsor by adding after Open Air Motion Picture Theatersand interceptor sewers are those.labeled as Phase I; Items.?& before Rest Home, the following; I Phase il,Items 1, 2, 3,&4; and Phase IU,Item 1 of"IJpdat Planning Board—Planning Board of the City of Salem as es- Report on SEWERAGE AND DRAINAGE FOR THE CITY C tablished by Chapter 41 Section 70 of the General Laws.. Planning Department—Planning.Department of the City of SALEM, MASSACHUSETTS", prepared by,C, E. Maguit Salem. Inc., on February, 1974. PrOlminaryApp)icatlon—Anapplication which may besub- Sebools mitted by •a'developer.prior to--formal-­application for Within % mile of public elementary school 4 pts. development permit in order that a given parcel can be review- Wiunin% mile of public elementary school.'".'-3 pts.: .:Within ed in relation to the standards of issuance for residential n I mile of public elementary school .. `1_pt, _ _ _ .. _ . nCu�uul .. .. x -.., Beyond 200 feet of water bodies and/or wetlands -. 4 f Between 101 and.200 feet of water bodies and/or wetlands 2pts. Within .100 feet.of. water.bodies and/or wetlands p pts • r Waterbodies and'wetlands:are as defined a.Zone I in the. Conservation, Open.space:nd Recreatipa.Plan for.Salem;' Massachusetts prepared in 1973 and adapted by.the Salem Conservation Commission; and-accepted by the Department of Natural-Resources.bn September 27 1974` Fire Statlons - Within IV-miles of a public fire station` 2 pts.** ,,.Within 21h miles of a public fire station Y'pt BeyoT1d 2ti miles;oClic a pubfire,station a pts -The criteria used in determining these distances are from W6American Insurance Association; and this'information:u,'; available-from the Salem Fire Department \ "May be increased to two(Z);miles for residentialdistricts ofone'(1)-and.two,(2) family dwellings and to four (4)miles.: when such dwellings have an average.separation-of I feetor Section 6. Ame-nd-Section LTby adding`a new Paragraph J; Vested Approvai.of Development Permlt.j- The Planning Boardshall issue an approval of theappiicatio: for development`permit vesting;"a ,present right:-for.the deveioper to proceed with development use of the land;for such year asthe proposed development meets the required points as indicated.in.the scheduled completion dates of the Capital Im- provements.Program as amended or. failing to:meet'such'' points,;then, for the final year of,the'Capital Improvements Program.as`amended: Any improvement,scheduled in the t Capital Improvements Program mole than one year,fromdate of application shall be credited as though in existence as of the date.of the`scheduled completion.:.A developer may advance the date of authorization by agreeing to provide such improvements as will bring:the development within the:required number of points for.earlier or immediate development.Such agreement` shall be.secured by either a"cash deposit or surety bond.suf-. %ficient to euver the cost of the proposed improvement,the form, sufficiency and amount of.which bond.and.agreement shall be..; determined by the,Planning Board t Section 7. Amead Sectiou.LY by adg new Paragraph K; . Appeal for Relief. Any developer who has applied for aTdevelopment permit; .from the.Planning.Board, and whose application has-been , denied,or who has received vested approval:on such applica— tion;.may appeal to, Salem Board of:Assessors in coafor-, mance with'Chapter 59,-Section;59'of'tbe-Massachusetts` General Laws fora determination,as to^the extent to which the. temporary restriction.on development use of such land shall affect the assessed valuation placed on such land for purposes_ of real estate taxation,and such assessed valuation on suchland may be reduced as'determined'apprepriate < Section 8. Amend Seetion IX'by adding new Paragraph L,' Documentation of.DevelopmentPoint-Values. s The Planning.Department shall prepare and maintain in a clear and up-to-date form maps and other necessary documents .which.specify deyelopmentpoint values of all parts of the City t' of Salem Section 9 Am5,end Section.IX by adding neiv Paragraphlbf, Review of Applications. ,�,i. The Planning .Board shall review each year;all denied. applications for development permits and in all cases where eligibility may have changed,applicant shall be duly notified. Section 10.Add anew section,Section XII Constitutionality of Ordinance < If any provision of this Ordinanceis unconstitutional or illegal by final judgment,order or decree of the Supreme, Judicial Court of the Commonwealth,the validity of the remain- ' ing provisions of this Ordinance shall not be affected thereby.: Section 11.This ordinance shall take effect as provided in the City Charter. _ In City Council October 23.1975. Adopted for second and final passage by a roll call vote of 1.0 yeas, I nay, 0 absent. Motion for immediate consideration, hoping it would not prevail,was denied. . Approved by the Mayor on Oct. 29, 1975 ATTEST: HELEN M. COUGHLIN Acting City Clerk Nov. 3, 1975. TFL: YTEETL -NDS PROTECTION ACT G✓LAP R 131, SECTION GO S P'A` D D (19.x5) r ' rSecticn ti No person mall remove, fill, d--edge Or anny G ''!:, fresh water wat,� E._. !laid, ccas al wetland, beach, dume, flat, marsh, meadow Or s7= bordering 011 the1 a-T ` ioce1 c-- cn any estuary, creek, river, stream, pond, o ` I or any land under sa_d f at S OT 1aTld S' h ^ -7 _c al a r OI v_CQaSf al St�Qr '' Cr f loOding� `�nan iii t?12 COl1TSe Of ^1 -��� 'Lrena�r�*�� or rap�laclr�, 'cut not substantially chang_ng or enlarging, an ex_-, sting and lawfully located structure or facility used in the service of the public and used to provide electric, gas, crater, telephone, ta1 graph_and other y_tel co�-anication services, vnthout�ilzng written notice of his z;nt "oID to so remove, films, dredge or alter, incluc, g such plans ,as may be neces- saiy-to describe such proposed activity and its effect on the environment and without receiving and complying with an order of conditions and provided all appeal periods have elapsed. Said notice shall be sent by certified mail to the conservation commis- sion or, if none to the board of selectmen in a town or the mayor of a city in which the land upon which such activity is proposed is located. Each such notice shall be accompanied by a filing fee of twenty-five dollars payable to the city or town.. Co- pies of such notice shall be sent at the same time by certified mail to the department of natural resources and the department of public works. 'No such notice shall be sent before all permits, variances and approvals required by local by-law with respect to the proposed activity, which are obtainable at the time of such notice, have been ob- tained. Upon receipt of any notice hereunder the department of natural resources shall designate a file number for such notice and shall send a notification of such number to the person giving notice to the.conservation commission, selectmen or mayor to whom the notice was given, and to tfle department of public works. Said notifica- tion shall state the name of the owner of the land upon which the proposed work is to be done and the location of said land. . WithinLwenty-on, days of the receipt by a conservation commission of a written re- quest made byanyperson and sent by certified mail, said commission shall make a written determination as to whether this section is applicable to any land or work thereon. VIhen such person is other than the owner, notice of any such determination shall also be sent to the owner. The term "applicant" as used in this section shall mean the person diving no icP of tan7ry_. tion-to remove, fill, dredge or alter. - The term"'person" as used in this section shall include any individual, group of in- dividuals, association, partnership, corporation, company, business organization, trust, estate, the com-awnwealth or political subdivision thereof, administrative agency, public or quasi-public corporation or body, or any other legal entity or its legal representative, agents or assigns. rTThe term "bogs" as used in this section shall mean areas-where standing or slowly 1-"uLi*q water is near or at the surface during a normal growing season and where a. ,eretational community has a significant portion of the ground or water surface cov- 4ered �,rith sphagnum moss (Sphagnum) and where the vegetational community is made up of a significant portion of one or more of, but not limited to nor necessarily in- ^iuding all, of the following plants or groups of plants: aster (Aster nemoralis), �a^aieas (Rhododendron canadense and R. viscosuin), black spruce (Picea mariana bog co ton (Eriophorum , er2n6er y (Vaccinium macrocarpon), high-bush blueberry Vaccin- -,---- iu� c_^_^:bosom larch (Larix Jaricina , laarels Y.almia ano stifolia and K. Pohio- I1ia), leatherleaf (Cha eda� cavy^Mata}, orchids Arethusa, Calopogon, Pogonia , itcher p us S2rracen_a po ptire' , sedges eracese , sundeers Broseraccae , Tent gale (?,t rica gale , while c>_dar s .. ( Cha.^aecyparis thyoides). i 2 ' nj to= "ccas mal wetipnds", as used in this section, sh,nll mean any bank, marsh, - _ flat or othei lowland subject to tidal ac,f_on_ or coastalstorm f1c;*rage, r Iin » " re at e.,i- s" l e ��_ � _ shw_�er w„ d� , s :sea this section, shall mean wet meadows, r�sties, sTamps, bogs, area where —c "a ter, .flawing or st—ding surface water or, ice pro<, e a significant/ Da of the s porving substrate for a plant community for at leas, -five months of :_ year; emergent and submergent.plant communities in in- !and „avers; that portion of =? bank. which touches any inland waters. lne term "swamps", as used ;-- this section, shall mean areas where groundwater is. at � or near the surface of the ground for a significant part of the growing season or where runoff water from surface drainage .frequently collects above the soil surface, and where a significant part of the vegetational community is made up of, but not ' limited to nor necessarily include all ofthe following plants or groups of plants, alders (Alms); ashes (Fraxinus), azaleas (Rhododendron canadense and R. . viscosum), black alder Ilex verticillata , black spruce Picea marl ana , buttonbush Cephalan f .thus occidentalis), American or white elm (Lnmus americana), white Hellebore Veratrum. L7riae , hemlock (Tsuga canadensis),- highbush blueberry Vaccinum corymoosum), larch - - L rix laricina), cowslip Caltha palustris), poison sumac(Toxicodendron vernix), ed maple Acer rubrum), skunk cabbage Sya�plocarpus fcetidus , sphagnum mosses J�y(Sphagnum), spicebush (Lindera benzoin), black gum tupelo Nyssa sylvatica), sweet / ip>pnerbush (Clethra aln f. lia , white. cedar (Chamaecyparis thyoides , willott (Salica- \��� ( ceae). ( The term "wet _meadows", as usedinthis- section shall mean .areas where groundwater - ( is at the surface for a 'signifi.cant part of.the growing season and near the surface . thsoughout the year and where a significant part of the vegetational community is � co'uposed of various grasses, sedges and rushes; made up of, but not limited to nor ! necessarily including all, o£ the following plants or groups of plants; blue flag (Iris), vervain (Verbena), thoroughwort (Euoatorium), dock (Rumex), false loosestrife (EU.Rgia), hydrophilic grasses (Gramincae , loosestrife (Lythrum), marsh fern� (Dry- opteris thelypteris), rushes (duncaceae , sedges (Cyperaceae , sensitive fern- (Qniclea sensibilis , smartweed (Polygon— The term "marshes", as used in this section, shall mean areas where a, vegetational co unity exists in standing or running water during the growing season and where a ( significant part of the vegetational cora ity is composed of; but not limited to nor necessarily including all, of the following plants or groups of plants: arum , � (-:raceae),bladder worts (Utricularia), bur -reeds (sparganiaceae), button bush (Cepha- lanthvs occidentalis), cattails Typha), duck weeds Ler;naceae , eelgrass (Vallisneria), £rog bits Hydrocharitaceae), horsetails (Equisetaceae , hydrophilic grasses Grami- n2ae), leatberleaf C,hamaedapbne calyculata , pickerel weeds (Pontederiaceae), pipe- ' Torts (E,i ), ocaulon and weeds Pota*nogeton), rushes (Juncaceae sedges Cyperaceae); ( s= U eeds Polygonum), sweet gale_ i; rich gale), water milfoil (Halcragaceae , water_ dies ( yrnrohaeaceae , water starWorts Callitrichaceae), water willc5 Decodon ver- ti ill t _he conservation car-,-ission, selectmen or mayor receiving notice under this section shat hold a public hear_r,_ c^ the proposed activity within •^enty-one .av, f the receipt of said notice. Notice o' the- time and place of said hearing's all be given by the hea=i_ng authority at he er_ese of the applicant, not less than five days prior to s,-,3h hearing, by pn__=ca,=c_^_ -. a newspaper of gen.^ral circiLLIa.tion in the city or =_^.:^_7 where the actiVi t'y' is procosed and by mailing a notice to the applicant and to board o !'seal-,^. ane Y.-=e board of said city or tGtSTI and to the Vis,;`•J , _y , E;�.. v %c" ' - - 3 - depart_—e t c natural resources and the d-apa-r ument Of public works. The Conservation c- CCr—il.SSiOT-' and its agents, Off 1Cc^"'S and e-�='JlOy E2S and -tile co_ssicaer of natural re- Sources anhis agents and emmoloyees, may enter UpOn Private-*. Or_led land for the pur- pose of performing their duti3S Lder this section. - If after said hearing t cc s__ ._tion cossion selectmenor mayor, as the case may be, determine tha area en which Zne proposed ork. is �o be done is si-nifi= 'cant to public or private wazuer supply, to the ground—atter supply, to flood control, + . 'to storm damage prevention, to prevention of pollution,�o-t& e axion of_lancl�ontain _,ng_shellfish,__pr t4) th�,rr -_ ..ion of fisheries such conservation coimission, board ' ;of selectmen or mayor shall by written order within twenty-one days of such hearing 'impose such conditions as will contribute to the protection of the interests described herein, and all work shall be done in accordance therewith, If the conservation com- mission, selectmen or mayor, as the case may be, make a determination that the pro- posed activity does not require the imposition of such conditions, the applicant shall be notified of such determination within twenty-one days after said hearing, Such order or notification shall be signed by the mayor or a majority of the conservation commission or board of selectmen, as the case may be; and a copy thereof shall be sent forth;,rith to the applicant and to the department of natural resources and the depart- ment of public works. If a conservation commission has failed to hold a hearing within the twenty-one day period as required, or if a commission, after holding such hearing, has failed within frenty-one days therefrom to issue an order, or if a commission, upon a written re- quest by any person to determine whether this section is applicable to any work, fails within 'ten days to make said determination,. or where an order does issue from said commission, the applicant, any person aggrieved by said commission's order or failure to act, or any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or ton in which such land is located, may, by certified mail and within ten days from said. commCission's order or failure to act, re- quest the department of natural resources to determine whether 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 or to the protection of fisher- ies. The commissioner ofnaturalresources also may request such a determination within said ten days. -The party making any such request shall at the. same time . send a copy thereof by certified mail to the conservation commission, board of selectmen or mayor which conducted the hearing hereunder. If such party is other than the ap- plicant, a copy of :such request :shall also be sent at the same .time 'by certified mail . to the applicant. Upon receipt of such request the department of natural resources shall make the determination requested end shall by written order issue writhin seventy days of receipt of such request, signed by the commissioner of natural resources, im- pose such conditions as will contribute to the protection of the interests described herein, provided, however, that said department shall notify the applicant within thirty days of the receipt of such request if his application or request is not in proper form or is lacking information or documentation necessary to make the deter- mination. Such order shall supersede the prior order of the conservation commission, board of selectmen or mayor, and all work shall be done in accordance therewith, but in no event shall any -work commence until ten days have elapsed following the issuance of said order. At an:, time prior to a final order of determination by the department, any party requesting a deter-nation may in writing withdraw -the request, and such writidra, al shall be efI live upon receipt by the department. Notwithstanding the withdra:;al, -he co=-i ssioner may continue the determination if he notifies all parties within ten days of receipt of the wit^'-a:,al. A copy of such order shall be sent to the applicant, to the conservation co.—fission, board of selectmen or mayor which con- ducted the nearing ?':e r'Ous:der, and to the department of public. work's. -,o worms _ -osed in any notice of intention sha-11 be imde_ta'Sen until the final. ord>^ d=ter-� at or notification ivit^ respect t0 such work has been recorded in the 'r - -lstry of =gds for the district ;", r==ch the l,ndis located. .. Any site were work 'is being dcae hi— is subject to Vthis section shall display a sign of not less than two squa_e feet or more than three square feet bearing the words; "Massachusetts Depari_2nt of Natural Resources File Number. . .," and the sign shall display the file nu-ber assigned to the project. If tile department of public works finds that any proposed work would violate the pro- visions of chapter ninety-one, it shall proceed iirPediately to enforce the provisions of said chapter. The provisions of this section shall not apply to any mosquito control work done un- der the provisions of clause (36) of section five of chapter forty, of chapter two hundred and fifty-two or of any special act; to maintenance of drainage. and flooding systems of cranberry bogs, to work performed for normal maintenance or improvement of landslin4agricultural use; or to any project authorized by special act prior to r January first, nineteen hundred and seventy-three. The notice of intention required in the first paragraph of this section shall not apply to emergency projects necessary for the protection of the health or safety of the commonwealth which are to be performed or which are ordered to be performed by an agency of the commonwealth or a political subdivision thereof. An emergency proj- ect shall mean any project certified to be an emergency by the conservation commis- sion of the city or town in which the project would be undertaken, or if none, by the mayor of said city or the selectmen of said tonin If the conservation co=. ssionf- - mayor or selectmen, as the case may be,_fail_to_act�avorably Semithin twenty four our._ . ._ _ --- I r 1. 0f receipt of„a request for certsficatien-off an_emergency-project; said._project may 1{beso certified by the commissioner.. . Any ,person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this section or in violation of any order issued under this section shall forthwith comply with any such order or restore such real estate 'to. its condition prior to any such violation;j.provided, however, that no action, civil or criminal, shall be brought against such person unless such � action .is .commenced within three years follo•,nn�rthe recording of the de or the 'cn lc ate of the death by which such real estate eras acquired by: such person. -Any.eourt aving equity jurisdiction may restrain a violation of this section and enter such orders as it deems necessary to remedy such violation, upon the petition of the at- torney general, the commissioner of natural. resources,_ a city or torn, an owner or occupant of property which may be affected by said removal, filling, dredging or altering, or ten residents of the commonwealth under the provisions of section ten A of chanter two hundred and fourteen. "?'ss and regulations shall be promulgated by the co,-mi to effectuate the pur- poses of this section. However, failure by the commissioner to promulgate rules and _egulayions shall not act to suspend or invalidate the effect of this section. iinoever violates an;y provision of this section shall be punished .by a fine of not more than one thousand dollars or b;; _=-risonment for not more than six months or both. --r--3h day or portion :__ereof of ccntinuing violation shall constitute a sepa- rate offense. This section ray be en_orCed by natural _Tesources officers, deputy j 'f_cer hairn� p011Ce natural _-sources Officers, =.0 ..V .._ nC".'vers. THE WETLANDS PROTECTION ACT CHAPTER 131, SECTION 40 AS -AM—EN'DuD (19-15) Secticn 40 No person shall remove, fill, dredge or aluer ary ba_nl., fresh water wet . Mand, ccas-,al wetland, beach, dune, flat, marsh, meadow or sti mm bordering on the �^ ocean or on any estuary, creek, river, stream, pond, or lake, or any land under said waters or_aland suhle� yo t`d°i a + on �gaGt.al s_t�orm "I +=_�PTer flooding otitic_ than in the course ofa z r TeDairina or replacing, but not substantially changing or enlarging, an existing and lawfully located structure or facility used in the service of the public and used to provide electric, ash, water, telephone, � tele.oranh and other_telec -2ication servicesr with oust filing written notice his inten�io to so remove, fi�, eredgr or alter, including such plans as may be neces- sary-to describe such proposed activity and its effect on the environment and without receiving and complying with an order of conditions and provided all appeal periods have elapsed. Said notice shall be sent by certified mail to the conservation commis- sion or, if none to the board of selectmen in a town or the mayor of a city in which the land upon which such activity is proposed is located. Each such notice shall be accompanied by a filing fee of twenty-five dollars payable to the city or town.. Co- pies of such notice shall be sent at the same time by certified mail to the department of natural resources and the department of public works. No such notice shall be sent before all permits, variances and approvals required by local by-law with respect to the proposed activity, which are obtainable at the time of such notice, have been ob. tained. Upon receipt of any notice hereunder the department of natural resources shall designate a file number for such notice and shall send a notification of such number to the person giving notice to the conservation commission, selectmen or mayor to whom the notice was given, and to the department of public works: Said notifica- tion shall state the name of the owner of the land upon which the proposed work is to be done and the location of said land. I'lithin )twenty-onL days of the receipt by a conservation commission of a written re- quest made by any person and sent by certified mail, said commission shall make a written determination as to whether this section is applicable to any land or work thereon. When such person is other than the owner, notice of any such determination shall also be sent to the owner. The term "applicant" as used in this section shall mean the person diving no .i _P of �ytention to remove, fill, dredge or alter. - The term`l'person" as used in this section shall include any individual, group of in- dividuals, association, partnership, corporation, company, business organization, trust, estate, the commonwealth or political subdivision thereof, administrative agency, public or quasipublic corporation or body, or any other legal entity or its legal representative, agents or assigns. The term "bogs" as used in this section shall mean areas where standing or slowly running water is near or at the surface during a normal growing season and where a vegetational community has a significant portion of the ground or water surface cov- ered with sphagnum moss (Sphagnum) and where the vegetational community is made up of a significant portion of one or more of, but not limited to nor necessarily in- cluding all, of the following plants or groups of plants: aster (Aster nemoralis), ium azaleas (Rhododendron canadense and R. viscosum), black spruce (Picea mariana, , bog cotton (Eriophorum cranberry (Vaeciriium macrocarpon), high- bush blueberry Vaccin- coryEbosum , larch (La_riy laricira , laurels Kalmia angustifolia and K. Po o _. (iia), leatherleaf (Cha eda-phne calyculata), orchids Arethusa, Calopogon, Pogonia , pitcher plants (Sarraceria pla_rpurea), sedges (Cyperaceae , sundews Droseraccae , (sweet gale (P.trrica gale), white cedar (Chamaecypar— is�thyoides). 4 - z - he term "-castal we"tlands", as used in this sectiCn, S'hal� mean any }J a;L�S, marsh, � sw=�-p, Mae. , flat or other lowland subject to tidal action or coastal,storm flowage. (, The term "freshwater wetlands", as used _ this section, shall mean wet meadows, marshes, swamps, bogs, areas where o o,T dwater, flowing or standing surface water or, ice provide a significant part of the supporting substrate for a plant. community for at least five months of the year; emergent and submergent_plant communities in in- land waters; that portion of a_tiv bank. which touches any inland waters. ! The term "swamps", as used in-t1ds section, shall mean areas where groundwater .is at ( or near the surface of the =round for a significant part of the growing season or where runoff crater from sur"ace drainage frequently collects above the soil surface, and where a significant part of. the vegetational community is made up of, but not limited to nor necessarily include all of- the following plants or groups of plants; alders (Alnus), ashes (Praxinus), azaleas (Rhododendron canadense and R.' viscosum), black alder Ilex verticillata , black spruce Picea mariana , buttonbush Cephalan- ` thus occidentalis), American or white elm (Ulmus americana), white Hellebore Veratrumi viride , hemlock (Tsuga canadensis), highbush blueberry Vaccinum corymbosum), larch Larix laricina), cowslip Caltha palustris), poison sumac Toxicodendron vernix), -ed maple Acer rubrum), skunk cabbage Oj;Yplocarpus foetidus ,sphagnum mosses (Sphagnum), spicebush (Lindera benzoin), black gum tupelo Nyssa sylvatica), sweet ,� l peppe%ush (Clethra alnifolia , white cedar (Chamaecyparis thyoides), will (Salica- Ceae ( The term "wet meadows", as used in this section shall mean areas where groundwater is at the surface for a significant part of the growing season and near the surface throughout the year and where a significant part of the vegetational community is C corposed of various grasses, sedges and rushes; made up of, but not limited to nor ! necessarily including all, off' the following plants or groups of plants; blue flag (Iris), vervain (Verbena), thoroughwort (Eupatorium), dock (Rumex), false loosestrife � (Ludwigia), hydrophilicgrasses (Gramincae , loosestrife (Lythrum), marsh fern (Dry- Iopteris thelypteris), rushes ( Juncaceae , sedges (Cyperaceae , sensitive fern (Qnoclea sensibilis , smartweed (Polygonum The term "marshes", as used in this section; shall mean areas where a. vegetational community exists in standing or running eater during the growing season and where a significant part of the vegetational commimity is composed of, but not limited to ' nor necessarily including all, of the following plants or groups of plants: arums (Araceae),bladder worts (Utricularia), bur reeds (Sparganiaceae), button bush (Cepha- !anthus occidentalis), cattails Typha), duck weeds Lemnaceae , eelgrass (Vallisneria), frog bits Hydrocharitaceae), horsetails (Equisetaceae , hydrophilic grasses Grami- neae), leatherleaf Chamaedaurne cal.yculata , pickerel weeds (Pontederiaceae), pipe- iworts (Eriocaulon), pond weeds Potamogeton), rushes (Juncaceae), sedges Cyperaceae);' S— tweed Polygonum), sweet gale_ Tyrica gale), water milfoil (Halcragaceae , water` lilies (Nymphaeaceae , water starworts Cali rrichaceae), water willow Deco don ver- � ti llatus�— The conservation commission, selectmen or mayor receiving notice under this section shall hold a public hearin.g on the proposed activity within went -onlay, _f the receipt of said notice. Notice of the time and place of said hAaring s all be given by the hearing authority at the expese of the applicant, not less than five days prior to snch hearing, by publication it a newspaper of general circulation in the city or town where the activity is proposed and by mailing a notice to the applicant and to the board Ofhealth- andLhe p-inning board of said city or town and to the - 3 - department of natural resources and the department of p»lic works. The conservation cor-ni ssion and its agents, officers and e_mloyees and the co—�ssioner of natural re- sources and his agents and employees, may enter upon private_y owned land for, the pur- pose of performing their duties tzder this section. If after said hearing the ccnser-ration commission, selectmen or mayor,_ as the case may be, determin{-eth�ty; e a_- on which the proposel work is to be .don?is signlfi- rcant to public or private water supply, to the groundwater supply, to flood control, . ,to storm damage prevention, to prevention of pollution.,.-to-psatection,.of_land-contain ming shellfish.otn tha rrn on of fisheries, such conservation commission, board 'of selectmen or mayor shall by written order within twenty-one days of such hearing impose such conditions as will contribute to the protection of the interests described herein, and all work shall be done in accordance therewith. If the conservation com- mission, selectmen or mayor, as the case may be, make a determination that the pro- posed activity does not require the imposition of such conditions, the applicant shall be notified of such determination within twenty-one days after said hearing. Such order or notification shall be signed by the mayor or a majority of the conservation commission or board of selectmen, as the case may be, and a copy thereof shall be sent forthwith to the applicant and to the department of natural resources and the depart- meet of public works. If a conservation commission has failed to hold a hearing within the twenty-one day period as required, or if a commission, after holding such hearing, has failed within twenty-one days therefrom to issue an order, or if a commission, upon a.written re- quest by any person to determine whether this section is applicable to any work, fails ' within ten days to make said determination, or where an order does issue from said commission, the applicant, any person aggrieved by said commission's order or failure = to act, or any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, may, by certified mail and within ten days from said commission's order or failure to act, re- quest the department of natural resources to determine whether 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 or to the protection of fisher- ies. The commissioner of natural resources also may request such a determination within said ten days. The party making any such request shall at the same time send a copy thereof by certified mail to the conservation commission, .board of selectmen or mayor which conducted the hearing hereunder. If such,party is other .than the ap- plicant, a copy of such request .shall also be sent at the same time by certified mail to the applicant. Upon receipt of such request the department of natural resources shall make the determination requested and shall by written order issue within seventy days of receipt of such request, signed by the commissioner of natural resources, im- pose such conditions as will contribute to the protection of the interests described herein; provided, however, that said department shall notify the applicant within thirty days of the receipt of such request if his application or request is not in proper form or is lacking information or documentation necessary to make the deter- mination. Such order shall supersede the prior order of the conservation commission, board of selectmen or mayor, and all work shall be done in accordance therewith, but in no event shall any work commence until ten days have elapsed following the issuance of said order. At any time prior to a final order of determination by the department, any party requesting a d=terr ation may in writing withdraw the request, and such withdrawal shall be effective upon receipt by the department. Notwithstanding the withdrawal, the commissioner may continue the determination if he notifies all parties within ten days of receipt of the with,_-awal. A copy of such order shall be sent to the applicant, to the conservation co=ission, board of selectmen or mayor which con- ducted the ''rearing hereunder, and to the department of public works. r No wor5 oro-osed in any notice of intention shall be tmdertaken. until the final order, determ�­_ati= or notification with raspect to such work has been recorded.in the reg- 0 istry of deeds for the district in which the land is located. Any site where work'is being done which is subject to this section shall display a sign of not less than two sounre feet or more than three square feet bearing the words, "Massachusetts Department: of Natural Resources File Number. . . ," and the sign shall display the file number assigned to the project. If the department of public works finds that any proposed work would violate the pro- visions of chapter ninety-one, it shall proceed immediately to enforce the provisions of said chapter. The provisions of this section shall not apply to any mosquito control work done un- der the provisions of clause (36) of section five of chapter forty, of chapter two hundred and fifty-two or of any special act; to maintenance of drainage and flooding systems of cranberry bogs, to work performed for normal maintenance or improvement of landsjin agricultural use; or to any project authorized by special act prior to January First, nineteen hundred and seventy-three. The notice of intention required in the first paragraph of this section shall not apply to emergency projects necessary for the protection of the health or safety of the commonwealth which are to be performed or which are ordered to be performed by an agency of the commonwealth or a political subdivision thereof. An emergency proj- ect shall mean any project certified to be emergency by the conservation commis- sion of the city or town in which the project would be undertaken, or if none, by the ..mayor of said city or the selectmen of said town. If the conservation commission iiia..__-_ __ mayor or selectmen, as the case may be, faii_to_ac_t_favorab_ly within twenty-four Tours_ of red_ei t of— re uetfor certifigaton_of_.an_emer encY Pro ect -said. project ._ , e _so certified maY by the commissioner., Any person who purchases, inherits or otherwise acquires real estate upon which work has been done in violation of the provisions of this section or in violation of any order issued under this section shall forthwith comply with any such order or restore such real estate to its condition prior to any such violation prded, however, that no action, civil or criminal, shall be brought against such person unless such IS action is commenced within three years following ding of the recorthe.deed or the Sate of the death by which such real estate was acquired by such_ ep rson.J Any court Having equity jurisdiction may restrain a violation of this section and enter such orders as it deems necessary to remedy such violation, upon the petition of the at- torney general, the commissioner of natural resources,- a city or town, an owner or occupant of property which may be affected by said removal, filling, dredging or altering, or ten residents of the commonwealth under the provisions of section ten A of chapter two hundred and fourteen. RE ,,?es and regulations shall be promulgated by the commissioner to effectuate the pur- poses of this section. However, failure by the commissioner to promulgate rules and regulations shall not act to suspend or invalidate the effect of this section. Whoever violates any prov-isicn of this section shall be punished by a fine of not more than one thousand dollars or by i_prisonment for not more than six months or both. Each day or portion .hereof of continuing violation shall constitute a sepa- rate ofe_.se. This section may be enforced by natural resources officers, deputy natural resol:rces officers a-nd any officer having police powers.