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64-358 - 1 BUENA VISTA AVENUE - CONSERVATION COMMISSION J�G&R✓v,\11st� A17Z, 6N-35� P t w� 5r t Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order 64-358 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Salem January 18, 2007 computer, use only the tab Conservation Commission(Issuing Authority) Date key to move To: your cursor- do not use the Costa Sideridis return key. . Name of Violator 2 Autumn View 8° Address 1. Location of Violation: ea0,a Property Owner(if different) 14 Buena Vista West Street Address Salem 01970 City/Town Zip Code Map 9 Lot 93 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): The current work occuring at 14 Buena Vista West is in violation because the Order of Conditions, issued under DEP# 64-358, expired on December 11, 2006. Therefore the Salem Conservation Commission issues a cease and desist. After visiting the site on January 9, 2007, it was determined that there were several violations per the previous Order of Conditions DEP#64-358. The conditions that were in violation included #s 5, 19, 21, 22, 23, 29, 30, 44, and 49. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. . ® the activity has been/is being conducted in violation of the Order of Conditions issued to: wpalom a.dm•rev.7/10/04 Page 1 0l 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9A - Enforcement Order 64-358 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP JG & G Realty Trust Julianna Tache Trustee December 11, 2003 Name Dated 64-358 5, 19, 21, 22, 23, 29, 30, 44, and 49 File Number Condition number(s) B. Findings (cont.) ❑ Other(specify): C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ® Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before January 25, 2007 Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ❑ The property owner shall take the following action to prevent further violations of the Act: Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General,Laws Chapter 131, Section 40 provides: 'Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not vipaform8a.do •rev.7/14/00 Pepe 2 013 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9A - Enforcement Order 64-358 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Carey Duques Name 978-619-5685 Phone Number Monday Tuesday Wednesday 8 am -4 pm;Thursday 8 am-7 pm; and Friday 8 am 12 pm Hours/Days Available Issued by: Salem Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: Signature of delivery person or certified mail number wpatorrreaAm•rev.7/14/04 Page 3 013 til.`}�/ QY'`1 Y,` ��>`•d♦r' '`c 'q°.bw J Y'�+i �- I!"S A !�. J .Y'a �4 ` ./�� r :� F yA-, �� Nom+ ..' / •T-. " Y-n r r j j ylyT y� r s`-.•• r � a o vim- a�t4t Y'e� %�� f/r a �! y♦R`� }��t _„E"'I�`a ��,': 5' 'A '�'` ,� P' 1� .r � ✓i "• _�1rI 'r --rji r' i r. 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' t , c. 9��'sL1�i Ott �""".ep`e fit# ,a`-{3'. ¢ip�s` %i�., ��y�� Y� -#"f� �41� qa�-�"'Y�"'a'.'....1'.'�f��c r:Erf yls•Y��' Massachusetts Department of Environmental Protection DEP Fib Number: y Bureau of Resource Protection -Wetlands 64358 WPA Form 5 - Order of Conditions R&Ad dbyDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on Salem the computer, Conservation Commission use only the tab key to This issuance if for(check one): move you cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions Wo To: Applicant: Property Owner(if different from applicant): JG &G Realty Trust, Julianne Tache,Trustee Same Name Name rid 208 Derby Street Melling Address Mailing Address Salem MA 01970 Cily/Town Stele Lp code City/Town state ace Code 1. Project Location: Lot 1 Buena Vista Avenue Salem Street Address Cttyrrown Map 9 Lot 93 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for. Essex South 7199 111 County Book Page NA CertlHcate Of registered land) 3. Dates: October 9, 2003 December 11, 2003 December 11,2003 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents(attach additional plan references as needed): Site Development Permit Plan Located in Salem, Mass. Prepared by Eastem Land Revised Survey Associates, Inc. 12/3/03 5. Final Plans and Documents Signed and Stamped by: Christopher R. Mello(Survey)and Clayton A. Morin (Civil) Name 6. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) WPB Fa 5 Page 1 or 7 Rev.owo CITY OF SALEM CONSERVATION COMMISSION February 5, 2007 Costa Sideridis 2 Autumn View Salem, Massachusetts 01970 Sent via Certified Mail 7005 3110 0000 7176 6141 Dear Mr. Sideridis: Per the Salem Conservation Commission's discussion with you at their last meeting and the letter sent to you dated January 18, 2007, held January 25, 2007, the Commission requests that you continue to cease and desist from all work occurring on the exterior of house within the Conservation Commissions'jurisdiction at 14 Buena Vista West. The Commission has permitted work to continue within the house that exists on the property to date, so long as you have received necessary permits from the building inspector. In order for the cease and desist to be lifted you will have to submit a Notice of Intent to the Conservation Commission. In the meantime, the Commission expects for you to install haybales and silt fence along the edge of the resource area to prevent additional debris from entering into the resource area. Feel free to contact me at 978-619-5685 if you have any questions. Sincerely, a )r' Carey Du ues Conservation Agent/Staff Planner Cc: 4K-Evin-Corn acch i o—,-Ch ai rtnan-':Y Lynn Duncan, Director Planning and Community Development Thomas St Pierre, Building Inspector 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAX: 978.740.0404 WWW.SALEM.COM Page 1 of 1 Carey Duques From: Carey Duques Sent: Friday, January 26, 2007 11:32 AM To: 'Costa Sideridis' Subject: RE: Thank you Costa, Thank you as well for your wiliness to work with the Commission. Please contact me if you have any questions about the process of filling out a NO]. I will be sending a letter to you and the building inspector stating that you can continue to work inside of the house at 14 Buena Vista West but that a cease and desist still exists for all work on the exterior of the house. Thank you, Carey From: Costa Sideridis [mailto:costas@ferroceramic.com] Sent: Friday, January 26, 2007 10:19 AM To: Carey Duques Subject: Thank you Carey, I wanted to thank you and the board again this morning for your time yesterday. Being my first meeting in front of the board, I hope I did not come across as too timid. I would like to assure you of my determination to correct any and all issues surrounding the construction project on Buena Vista road in Salem. We have started the process and I look forward to working with you and the board. I will be in touch shortly. Costa Sideridis Ferro-Ceramic Grinding Inc. 247 Water St. Wakefield, MA 01880 Tel: 781-245-1833 Fax: 781-246-1429 costas@ferroceramic.com 1/26/2007 f Page 1 of 1 Carey Duques From: Costa Sideridis [costas@ferroceramic.com] Sent: Monday, January 22, 2007 2:01 PM To: Carey Duques Subject: 14 Buena Vista Property Dear Ms. Duques, Thank you for your time this morning concerning our property at 14 Buena Vista in Salem. I have received the certified letter dated 1/18/2007 on Saturday, January 20, 2007 and would like to confirm with this email that we have ceased any and all activity at the 14 Buena Vista property. Please be assured that we I am sincerely interested in working with the commission to provide both corrective and preventive action. We will start working on the new Notice of Intent and hope to have it completed by the January 25th meeting that I will be attending. In the interim, if there is anything else I can supply, please do not hesiate in contacting me directly. Once again, my telephones numbers are: Home 978-744-1151 Cell 617-510-9335 Office 781-245-1833 Thank you again. Costa Sideridis Ferro-Ceramic Grinding Inc. 247 Water St. Wakefield, MA 01880 Tel: 781-245-1833 Fax: 781-246-1429 costas@ferroceramic.com 1/22/2007 VIOLATION PHOTO LOG 14 BUENA VISTA WEST, SALEM,MASSACHUSETTS Ayyu�.erxoNSinYYN orv'/119/0]xr GIEI.D I e,Cory-111oN ACPM/Sinful ul.'NER i e S s T 4p2 G t t Vj tfi. r' f t rr { r d t rl View of damaged tree located behind house constructed at 14 Buena Vista West. i 5 t } N h @l .p-• t S �'�'�� '-r'an"Ya ` �' 'fiu "'s. View of slab of concrete located in fill material that was brought to the site and dumped behind the constructed house. Page 1 of 2 � k �i"J"JI ai i View of property and constructed deck at 14 Buena Vista West,including fill containing construction debris such as bricks and concrete slabs. f �f W i � P � View of silt fence located behind the house constructed on the property. The silt fence is buried beneath fill,such as boulders and soil that was brought to the site. Page 2 of 2 i, RECEIVED JAN 2 2 2007 DEPT.OF PLANNING& COMMUNITY DEVELOPMENT January 16, 2006 City of Salem Conservation Commissions 120 Washington Street Salem, MA 01970 Kevin Cornaccio, Chairman Re: Expired Orders of Conditions, DEP 464-358 Dear Kevin, I did send a request for extension of the above mentioned Order of Conditions in response to the October 10, 2006 letter you sent me. I did not, however, send it by Certified Mail. I had, shortly after receiving the letter, stopped in at 120 Washington Street to speak with a young women at the desk regarding the letter. I informed her that we have not owned either parcel for 2 years and the new owners had taken their respective "Order of ConditionY at the closing of title with the intention of following them as listed. As is the case in lot sales the new owner normally follows the regulations and then seeks a Certificate of Compliance. This did not happen. I do know that both parties purchasing the land are good and honest people. I believe that they relied oim their respective builders to follow through with the Order. Both builders have experience in these matters and I believe that this is an oversight on their part. I have called them and forwarded this information to therm. I will also help them and cooperate with them to whatever extent I can to help them resolve this matter. If you have any questions please give me a call at 978-375-6150. I look forward to this getting back on track with a mutually satisfactory resolution. Thank you, George Fallon w ». CITY OF SALEM CONSERVATION COMMISSION January 18, 2007 Costa Sideridis 2 Autumn View Salem, Massachusetts 01970 Sent via Certified Mail 7005 3110 0000 7176 6103 Dear Mr. Sideridis: In accordance with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Bylaws, you are in violation for the current work that is occurring at 14 Buena Vista West, due to the fact that the Order of Conditions, DEP#64-358, has expired. After visiting the site on January 9, 2007 it was also determined that there were several violations occurring pursuant to the Order of Conditions, DEP#64-358, see attached photo log. The conditions that were in violation included#s 5, 19, 21, 22, 23, 29, 30, 44, and 49, see attached Order of Conditions. Most importantly work was being performed without proper erosion control measures in place. Because this project has not been completed and you are working under an expired Order of Conditions the Salem Conservation Commission must issue the enclosed Enforcement Order , attached, requiring you to cease and desist from any further activity on site. In order for the cease and desist to be lifted and for you to complete your project you must file a Notice of Intent (NOI) and all the submittal requirements with the Conservation Commission and the Massachusetts Department of Environmental Protection (DEP). Enclosed is a Notice of Intent application, which must be filed with the Conservation Commission by January 25, 2007. The Conservation Commission discussed this matter at their regularly scheduled meeting held on Thursday January 11, 2007. Based on the information described above and photographs provided to the Commission from the site visit conducted on January 9, 2007, the Commission voted to issue an enforcement order to cease and desist immediately. If work continues on the property fines shall be enforced at up to $200 per day. Upon receiving this notice you will have 24 hours to contact me to discuss this matter further. If I am not contacted within 24 hours, the Commission will commence issuing fines of up to $200 a day. Fines will continue to accrue until I am contacted. The Commission also requires that you submit a Notice of Intent by January 25, 2007. Please be advised, that if you fail to submit an Notice of Intent application within the allotted timeframe without first notifying the Commission in writing at least 48 hours in 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 ♦ TEL: 978.745.9595 FAX: 978.740.0404 0 WWW.SALEM.COM advance, demonstrating good cause for inability to submit the application, the Commission will enforce fines of up to $200 a day until a Notice of Intent is received by the Commission. In the meantime, the Salem Conservation Commission requests that you appear before the Commission at their next regularly scheduled meeting to discuss this matter further. The next meeting is scheduled for January 25, 2007 at 6:00 PM, 120 Washington Street, 3`d Floor. If you cannot attend this meeting please contact me at 978-619-5685. Sincerely, CareyDuq es Conservation Agent/Staff Planner Cc: Kevin Comacchio, Chairman Lynn Duncan, Director Planning and Community Development Thomas St Pierre, Building Inspector Beth Rennard, City Solicitor Massachusetts DEP, Northeast Regional Office Encl. Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands 64358 WPA Form 5 — Order of Conditions PMMWbyOEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided In this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ❑ Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project,as proposed,is:(check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth In the wetlands regulations,to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions,and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans,specifications,or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above.Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests,and a final Order of Conditions is issued. ❑ the information submitted by the applicant Is not sufficient to describe the site, the work,or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and incudes measures which are adequate to protect the Acts interests, and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 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. The 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, bylaws, or regulations. WPA Farm 5 Rev.02M Page 2 a17 79Massachusetts Department of Environmental Protection DEP Flee Nurnher. Bureauof Resource Protection -Wetlands 64-358 WPA Form 5 — Order of Conditions ftvided t DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years,but less than five years,from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. S. Any fill used in connection with this project shall be dean fill.Any fill shall contain no trash,refuse, rubbish, or debris, including but not limited to lumber,bricks,plaster,wire, lath, paper,cardboard, pipe,tires,ashes,refrigerators, motor vehicles,or parts of any of the foregoing. 7. This Order Is not final until all administrative appeal periods from this Order have elapsed,or If such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded In the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Regisby's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP"] "File Number 84358 10. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WPA form 5 Pyp 1 of 7 Rev.02100 Massachusetts Department of Environmental Protection DEP File Nunmm: Bureau of Resource Protection -Wetlands 64356 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place,the wetland boundary markers shall be maintained unto a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction,the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions(use additional paper, if necessary): See Attached Findings as to municipal bylaw or ordinance Furthermore,the Salem hereby finds(check one that applies): Conservation Commlaslon ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Fpm 5 Pap 4 d 7 Rm.0240 Massachusetts Department of Environmental Protection DE'FU Number: r� Y Bureau of Resource Protection -Wetlands roH—35� 4 : WPA Form 5 —Order of Conditions Pn7vkedbyDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of Issuance. pac.:�.b,ar %%t soa3 Date This Order must be signed by a majority of the Conservation Commission.The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see A2/dixx and the roperiy owner, ff different from 711nt,) ,Signatures On Flevem*'-% Of �tc�.�rl2oo3 Day ManMi and Year before me personally appeared Nbova- OC *,mss S to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My ComMission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested,on Date Date WPA Form 5 py„5 d 7 Rev.07/00 Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection -Wetlands 64-358 WPA Form 5 — Order of Conditions P°"dw°°yDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order,or any tan residents of the city or town in which such land is located,are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant,if he/she is not the appellant The request shall state dearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests Identified in the Massachusetts Wetlands Protection Act, (M.G.L. C. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw,and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Salem Conswmdw Common 'MA Fpm 5 Page B of 7 Rev.07/00 Massachusetts Department of Environmental Protection DEP File Number Bureau of Resource Protection - Wetlands 64-358 WPA Form 5 - Order of Conditions Provided by DEP 4. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Salem conservation commission Please be advised that the Order of Conditions for the Project at: Lot 1 Buena Vista Avenue 64358 ProjW Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Papa for. Pmp"Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant WPA Fa 5 Page 7 Of Rev.0200 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE#64-358 City of Salem,Lot 1 Buena Vista Avenue 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext 311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of intent,the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MOL Chapter 131,Section 40,and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-358and not placed on a living tee. 6. The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in die Notice of Intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal,state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500,86 stat 816),U.S.Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order,shall occur on this property without prior approval from the Commission. i 12. If any changes ate made in the above-described plao(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.I..Ch. 131,Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions number_as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity, and shall be referred to in all fitttm deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTTON MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the Pro-construction meeting. 16. Prim to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion ` control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Conmaasion and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or material[,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged 20. There shall be 25 hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained during construction in the wedlmd areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;additional measures may be required by the Commission. 22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment taps,silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by ram or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition p 11,shall be on the site upon commencement and during any site work for contactors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill,fine of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. 31. All waste products,grubbed shm4x,slash;construction materials,etc,shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wedand resource area shall be removed by hand. 34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers and/or silt bags to filter silt from stormwater before it eaten the drainage system. 38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L.Chapter 21 A,section 16. POST CONSTRUCTION 40. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded,loamed, and seeded prior to November I of each year,if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. 41. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission in request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner, b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: . Street address and lot number far c the project and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zona and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be recorded at the Essar County Registry of Deeds. 43. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removaL 45. The following condition(s)shall extend beyond the Certificate of Compliance,in perpetuity,and shall be recorded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wedand. ADDITIONAL CONDITIONS 49. No work and/or disturbance shall extend beyond the limits s of the staked hay bale line during construction. CITY OF SALEM CONSERVATION COMMISSION October 10,2006 JG&G Realty Trust Juliana Tache,Trustee 208 Derby Street Salem,Massachusetts 01970 Re: DEP#64-357 and 358—Construction of portions of two single-Family dwellings Lots i and 2-12 and 14 Buena Vista Avenue,Salem,Massachusetts Dear Ms.Tache: Please be advised that the Order of Conditions for the above referenced project will expire on December 11,2006. If this development project is complete,you should Request a Certificate of Compliance (enclosed forms) from the Salem Conservation Commission. If this development project has not been completed,than you must submit a written request for an extension of the existing Order of Conditions to the Commission at least 30-days prior to the expiration of the order,as required in the Wedand Protection Act. If the project has not been completed and your Order of Conditions expires,you will be required to file a new Notice of Intent to complete this previously approved project- Please rojectPlease contact me at (978) 745-9595 extension 311 if you have any questions. Sincerely, Carey Duques Conservation Agent Planer Enclosures Cc: Attorney Scott Grover 120 WASHINGTON STREET, SALE%!, MASSACHUSETTS 01970 .TEL: 978.745.9595 Rix: 978.740.0404 . IV:Y:..r:%LEM.COV ILlMassachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection -Wetlands DEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Numberr City/rown hen filling Whenilling out A. General Information Wt forms on the computer,use t, Project Location (Note: electronic filers will click on button for GIS locator): only the tab key to move your cursor-do not a.Street Address use Me return b.Ciry/rown c.Zip Cade key' Latitude and Longitude: d.Latitude e.Longitude Q f.Assessors Map/Plat Number g. Parcel/Lot Number 2. Applicant: a.First Name b.Last Name c.Company Note: Before d.Mailing Address completing this form consult your local e.City/Town f.State g.Zip Code Conservation Commission h.Phone Number i.Fax Number j.Email address regarding any municipal bylaw 3. Property owner(if different from applicant): ❑ Check if more than one owner or ordinance. a.First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code In.Phone Number L Fax Number j. Email address 4. Representative (if any): a. Firm b.Contact Person First Name a Contact Person Last Name d.Mailing Address e.City/Town L State g.Zip Code h.Phone Number i.Fax Number j. Email address 5. Total WPA Fee Paid(from NOI Wetland Fee Transmittal Form): a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid 6. General Project Description: wpaform3.doc•rev.3/29/05 Page 1 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number City/rown A. General Information (continued) 7. Project Type Checklist: a. ❑ Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ❑ Dock/Pier I. ❑ Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries,forestry I. ❑ Transportation j. ❑ Other 8. Property recorded at the Registry of Deeds for: a.County b.Page Number c.Book d.Certificate#(if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑Yes b. ❑ No 10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ❑ Yes-answer 11 below,then skip to Section C. b. ❑ No- skip to Section B. If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. 11. Buffer Zone Setback—For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): a. ❑ BVW b. ❑ inland bank c. ❑coastal resource area The distance between the closest project disturbance and the associated resource area is: d.linear feat wpaform3.doc•rev.3/29/05 Page 2 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands r DEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DocumentTransaotim-Number B. Resource Area Effects city/Town 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Include Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a• ❑ Bank 1.linear feet Timer feet number b. ❑ Bordering Vegetated (provided on Wetland i.square feet 2.square feet your receipt page)with all c ❑ Land Under i.square feet 2.square teat supplementary Waterbodies and information you Waterways 3.cubic yards dredged submit to the d ❑ Bordering land Department. Subject to Flooding 1.square feet 2, square feet 3.cubic feet of flood storage lost cubic feet of flood storage replaced e. [I Isolated Land Subject 4. to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced f. ❑ Riverfront area 1.Name of Waterway(if available) 1.Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects 2. Total area of Riverfront Area on the site of the proposed project: Square Feet 3. Proposed alteration of the Riverfront Area: a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between—100ft and 200 ft. 4. Has an alternatives analysis been done and is R attached to this NOI? ❑ Yes❑ No s.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No wpaform3.doc•rev.3129/05 - Page 3 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands i WPA Form 3 - Notice of Intent DEP File Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Ciryliown B. Resource Area Effects 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Resource Area Include your Size of Proposed Alteration Pr000sed Replacement Cif any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on b. ❑ Land Under the Ocean 1.square feet your receipt pagewith all 2.Cubic yards dredged supplementary information you c. C] Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes submit to the below Department. d. ❑ Coastal Beaches 1.Square feet 2.Cubic yards beach nourishment e. ❑ Coastal Dunes 1.Square feet 2. Cubic yards dune nourishment f. ❑ Coastal Banks 1.Unser feet g. ❑ Rocky Intertidal Shores t,Square feet h.❑ Salt Marshes 1.Square feet 2. Sq It restoration, rehab.,or creation i. ❑ Land Under Salt Ponds f,square feet 2.Cubic yards dredged i• ❑ Land Containing Shellfish 1. Square feet 2.Square fast restoration,rehab. k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged i. C] Land Subject to Coastal Storm Flowage t.square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ❑ Yes ❑ No if yes, describe which limited project applies to this project: b.Limited Project wpaform3.doc•rev.3/29/05 Page 4 of 7 Massachusetts Department of Environmental ProtectionProvided by DEP: p , Bureau of Resource Protection - Wetlands DEP Fie Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cityfrown C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland(BVW) boundary: Online Users: t. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2 ❑ DEP BVW Field Data Form (attached) number (provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) your receipt page)with all 4. ❑ Other Methods for Determining the BVW Boundary(attach documentation): supplementary information you a. ❑ 50'/0 or more wetland indicator plants submit to the Department. b. ❑ Saturated/inundated conditions exist c. ❑ Groundwater indicators d. ❑ Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative 5. Other resource areas delineated: explaining how D. Other Applicable Standards and Requirements the resource PP 4 area was delineated. 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a.❑ Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive b.Date of Map, Westborough, MA 01581 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a.❑ Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to: Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 b. ❑ Not applicable—project is in inland resource area only 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ Yes ❑ No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC wpaform3.doc•rev.3/29/05 Page 5 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 city/rows D. Other Applicable Standards and Requirements Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act (M.G.L.c. 130, § 105)? document transaction a. ❑ Yes C] No number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page) with all wetlands regulations,310 CMR 10.00. supplementary information you a. ❑ Yes ❑ No If yes, describe which exemption applies to this project: submit to the Department. b, Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ❑ No If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. b. If no, explain why the project is exempt: E. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users: Attach the document transaction number (provided on your receipt page)for any of the following information you submit to the Department. t.❑ USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ❑ Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW) replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans(e.g., a DEP BVW Field Data Form). 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 6. ❑ Attach NOI Wetland Fee Transmittal Form 9.❑ Attach Stormwater Management Form, if needed. wpaform3.doc•rev.3129/05 Page 6 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEPFile Number WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Citylrown F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department (see Instructions and NOI Wetland Fee Transmittal Form). No filing fee shall be assessed for projects of any city,town,county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form) to confirm fee payment: 1.Municipal Check Number 2.Check date 3.State Check Number 4.Check date 5.Payor name on check: First Name 6.Payor name on check:Last Name G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail (return receipt requested) to all abutters within 100 feet of the property line of the project location. Signature of Applicant Date Signature of Property Owner(if different) Date Signature of Representative(if any) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to the DEP Regional Office(see Instructions)by certified mail or hand delivery. (E-filers may submit these electronically.) Other: If the applicant has checked the'yes"box in any part of Section D, Item 3,above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc"rev.3129/05 Page 7 of 7 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. Applicant Information When filling out forms on the 1. Applicant: computer, use only the tab key to move a.Fina Name b.Last Name c.Company your cursor- do not use the d.Mailing Address return key. e.Cltyrrown f.State g.Zip Cade d h.Phone Number ® 2. Property Owner(if different): a.First Name b.Last Name c.Company d.Mailing Address e.City/rcvm f.State g.Zip Code h. Phone Number 3. Project Location: a.Street Address b.City/town To calculate B. Fees filing fees, refer to the category Notice of Intent (Form 3)or Abbreviated Notice of Intent(Form 4): fee list and examples in the The fee should be calculated using the following p six-ste process and worksheet. Please see instructions for filling out WPA 9 Instructions before fillip out worksheet. Form 3(Notice of Intent). Step 11rype of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 311ndividual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category (identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5lTotai Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add$12.50. 'Npabn13.dp •NOI Wetland Fee Transmnal Form•rev.Yv05 Pepe 1 W2 Massachusetts Department of Environmental Protection LLIBureau of Resource Protection Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/rype of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee Step 5/rotal Project Fee: Step 6/Fee Payments: Total Project Fee: a.Total fee from Step 5 State share of filing fee: b. 112 total fee less s12.5o City/Town share of filling fee: o,1/2 total fee plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. c.) To DEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form;and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) wpalcrmt Cot•NOl W eaand Fes Tranemttal Fo m•rev.71110.5 Page 2 of 2 . CO CITY OF SALEM CONSERVATION COMMISSION January 12, 2007 JG & G Realty Trust Julianna Tache, Trustee 208 Derby Street Salem, Massachusetts 01970, Sent via Certified Mail 7005 3110 0000 7176 6035 Dear Ms. Tache: In accordance with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Bylaws, you are in violation for the current work that is occurring at 14 Buena Vista West, due to the fact that the Order of Conditions, DEP#64-358, has expired. After visiting the site on January 9, 2007 it was also determined that there were several violations occurring pursuant to the Order of Conditions, DEP#64-358, see attached photo log. The conditions that were in violation included#s 5, 19, 21, 22, 23, 29, 30,44, and 49, see attached Order of Conditions. Most importantly work was being performed without proper erosion control measures in place. Because this project has not been completed and you are working under an expired Order of Conditions the Salem Conservation Commission must issue the enclosed Enforcement Order , attached, requiring you to cease and desist from any further activity on site. In order for the cease and desist to be lifted and for you to complete your project you must file a Notice of Intent (NOI) and all the submittal requirements with the Conservation Commission and the Massachusetts Department of Environmental Protection (DEP). On October 10, 2006 the Salem Conservation Agent sent you a letter advising you that the Order of Conditions would expire on December 11, 2006 (see attached letter). The letter stated "If this development project has not been completed, than you must submit a written request for an extension of the existing Order of Conditions to the Commission at least 30- days prior to the expiration of the order, as required in the Wetland Protection Act. If the project has not been completed and your Order of Conditions expires, you will be required to file a new Notice of Intent to complete this previously approved project." Enclosed is a Notice of Intent application, which must be filed with the Conservation Commission by January 25, 2007. The Conservation Commission discussed this matter at their regularly scheduled meeting held on Thursday January 11, 2007. Based on the information described above and photographs provided to the Commission from the site visit conducted on January 9, 2007, the 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM Commission voted to issue an enforcement order to cease and desist immediately. If work continues on the property fines shall be enforced at up to $200 per day. Upon receiving this notice you will have 24 hours to contact me to discuss this matter further. If I am not contacted within 24 hours, the Commission will commence issuing fines of up to $200 a day. Fines will continue to accrue until I am contacted. The Commission also requires that you submit a Notice of Intent by January 25, 2007. Please be advised, that if you fail to submit an Notice of Intent application within the allotted timeframe without first notifying the Commission in writing at least 48 hours in advance, demonstrating good cause for inability to submit the application, the Commission will enforce fines of up to $200 a day until a Notice of Intent is received by the Commission. In the meantime, the Salem Conservation Commission requests that you appear before the Commission at their next regularly scheduled meeting to discuss this matter further. The next meeting is scheduled for January 25, 2007 at 6:00 PM, 120 Washington Street, 3`d Floor. If you cannot attend this meeting please contact me at 978-619-5685. Sincerely, a" Carey Duques Conservation Agent/Staff Planner Cc: K—evm--Coinacchio;Chairman= Lynn Duncan, Director Planning and Community Development Thomas St Pierre, Building Inspector Beth Rennard, City Solicitor Massachusetts DEP, Northeast Regional Office Encl. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9A — Enforcement Order 64-358 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: This Enforcement Order is issued b When filling out y: forms on the Salem January 12, 2007 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the JG &G Realty Trust,Julianna Tache, Trustee return key. Name of Violator 208 Derby Street VQ Address 1. Location of Violation: reom Property Owner(if different) 14 Buena Vista West Street Address Salem 01970 City/Town Zip Code Map 9 Lot 93 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): The current work occuring at 14 Buena Vista West is in violation because the Order of Conditions, issued under DEP# 64-358, expired on December 11, 2006. The Salem Conservation Commission Agent sent a letter on October 10, 2006 notifying the applicant/landowner. However, the Agent received no response from the applicant/landowner. Therefore the Salem Conservation Commission issues a cease and desist. After visiting the site on January 9, 2007, it was determined that there were several violations per the previous Order of Conditions DEP #64-358. The conditions that were in violation included Its 5, 19, 21, 22, 23, 29, 30, 44, and 49. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. wpaform9a.dec•rev.7/14/04 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order 64-358 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP ® the activity has beenfis being conducted in violation of the Order of Conditions issued to: JG & G Realty Trust, Julianna Tache, Trustee December 11, 2003 Name Dated 64-358 5, 19, 21, 22, 23, 29, 30, 44, and 49 File Number Condition number(s) B. Findings (cont.) ❑ Other(specify): C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ® Complete the attached Notice of Intent.The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before January 25, 2007 Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ❑ The property owner shall take the following action to prevent further violations of the Act: Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: 'Whoever violates any provision of this section (a) w aform9a.doc•rev.7/14/04 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9A — Enforcement Order 64-358 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Carey Duques Name 978-619-5685 Phone Number Monday, Tuesday, Wednesday 8 am -4 pm; Thursday 8 am-7 pm; and Friday 8 am-12 pm. Hours/Days Available Issued by: Salem Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures- X005 Allo Gow -11%V (PC)-3-6- Signature of delivery person or certified mail number wpalorrr9a.dm•rev.7/14/04 Page 3 of 3 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands 64-358 WPA Form 5 - Order of Conditions Provided by DEP I g Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on Salem the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner (if different from applicant): JG & G Realty Trust, Julianna Tache, Trustee Same ion Name Name 208 Derby Street Mailing Address Mailing Address Salem MA 01970 - Cityrrown State - Zip Code City/Town state Zip Code 1. Project Location: Lot 1 Buena Vista Avenue Salem Street Address City/Town Map 9 Lot 93 Assessors Map/Plat Number Parcel/Lot Number - 2. Property recorded at the Registry of Deeds for: Essex South 7199 111 County Book Page NA Certificate(if registered land) - 3. Dates: October 9, 2003 December 11, 2003 December 11, 2003 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Site Development Permit Plan Located in Salem, Mass. Prepared by Eastern Land Revised Survey Associates, Inc. 12/3/03 5. Final Plans and Documents Signed and Stamped by: Christopher R. Mello (Survey) and Clayton A. Morin (Civil) Name 6. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Fo.5 Rev.02/00 Page 1 0!7 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-358 WPA Form 5 Order of Conditions Provided by°EP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ® Groundwater Supply ❑ Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project, as proposed,is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above.This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore,work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site,the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 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. The 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, bylaws, or regulations. WPA Fo.5 Page 2 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP Fite Number: Bureau of Resource Protection - Wetlands 64-358 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance. If this Order is intended to be valid for more than three _ years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles,or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done.The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or,"MA DEP"] "File Number 64-358 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WPA Fam5 Page 3 of Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-358 WPA Form 5 - Order of Conditions Provided by DEP ' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See Attached Findings as to municipal bylaw or ordinance Furthermore, the Salem hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet.the standards set forth in a municipal ordinance or bylaw specifically: Name - Municipal Ordinance or Bylaw Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name .Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above.To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Form5 Page 4 o(7 Rev.02100 �. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands &y_ 351r =: r WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4,from the date of issuance. �j2C¢v..bRr t\42oQ3 Date - S. This Order must be signed by a majority of the Conservation Commission.The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Ap dix )and the roper y oJner different from ppli nt). Signatures On E/eye✓m*- Of �ecRv�.!<rl2oo3 Day - Month and Year before me personally appeared (7rboy� 1Jc�.�,5 to me known to be the person described in and who executed the foregoing instrument and a--knowledged that he/she executed the same as his/her freeact and deed. Vim+• Avg wot 3v Z.04 t— Notary Public My ComMission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested,on n¢�,w-.ber 22t2uo3 Date Date WPA Fam 5 Page 5 of 7 Rev.OMfO Massachusetts Department of Environmental Protection DEP File"umber. Bureau of Resource Protection -Wetlands 64-358 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant: The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.' Salem Conservation Commission WPA Form5 Page 6of7 Rev.02/00 - Massachusetts Department of Environmental Protection DEP File"umber: Bureau of Resource Protection - Wetlands 64-358 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ----------------------------------------------------------------------------------------------------------------------- To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: Lot 1 Buena Vista Avenue 64-358 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book _ Page - In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant - WPA Form 5 - Page 7 or 7 Rev.02/00 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE #64358 City of Salem,Lot 1 Buena Vista Avenue 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext.311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131, Section 40,and Wetlands Regulations 310 CMR 10.00. 3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-358 and not placed on a living tree. 6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal,state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500,86 stat. 816),U.S.Army Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands.and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone, other than that approved in this Order,shall occur on this property without prior approval from the Commission. 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L.Ch. 131,Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions number_as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity, and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion �. control barriers shall be installed as shown on the approval plan(s)and.detail drawings. The Commission and/or, its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. . 20. There shall be 25 hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;additional measures may be required by the Commission. 22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps,silt filter bags or other means approved by the Commission,or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be - established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill,free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. . 38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L.Chapter 21A,section 16. POST CONSTRUCTION 40. All disturbed areas,slopes and proposed landscape areas shall be learned and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded,learned,and seeded prior to November I of each year,if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. a 41. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource,areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 43. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. 45. The following condition(s)shall extend beyond the Certificate of Compliance,in perpetuity,and shall be recorded as such on the Certificate of Compliance and in all future deeds to this property: PERPETUAL CONDITIONS 46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area. 47. Herbicides shall not be applied within 100 feet of the wetland. 48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland. ADDITIONAL CONDITIONS 49. No work and/or disturbance shall extend beyond the limits s of the staked hay bale line during construction. U.S. Postal Servicer., CERTIFIED MAILT.'kit CEIPT (Domestic Mail Only;No Insurance Coverage Provided) ,. 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Internet access to deliver Information Is not available on mail addressed to APOs and FPos. �v •. CITY OF SALEM - CONSERVATION COMMISSION January 18, 2007 Costa Sideridis 2 Autumn View Salem, Massachusetts 01970 Sent via Certified Mail 7005 3110 0000 7176 6103 Dear Mr. Sideddis: In accordance with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Bylaws, you are in violation for the current work that is occurring at 14 Buena Vista West, due to the fact that the Order of Conditions, DEP#64-358, has expired. After visiting the site on January 9, 2007 it was also determined that there were several violations occurring pursuant to the Order of Conditions, DEP#64-358, see attached photo log. The conditions that were in violation included#s 5, 19, 21, 22, 23, 29, 30, 44, and 49, see attached Order of Conditions. Most importantly work was being performed without proper erosion control measures in place. Because this project has not been completed and you are working under an expired Order of Conditions the Salem Conservation Commission must issue the enclosed Enforcement Order , attached, requiring you to cease and desist from any further activity on site. In order for the cease and desist to be lifted and for you to complete your project you must file a Notice of Intent (NOI) and all the submittal requirements with the Conservation Commission and the Massachusetts Department of Environmental Protection (DEP). Enclosed is a Notice of Intent application, which must be filed with the Conservation Commission by January 25, 2007. The Conservation Commission discussed this matter at their regularly scheduled meeting held on Thursday January 11, 2007. Based on the information described above and photographs provided to the Commission from the site visit conducted on January 9, 2007, the Commission voted to issue an enforcement order to cease and desist immediately. If work continues on the property fines shall be enforced at up to $200 per day. Upon receiving this notice you will have 24 hours to contact me to discuss this matter further. If I am not contacted within 24 hours, the Commission will commence issuing fines of up to $200 a day. Fines will continue to accrue until I am contacted. The Commission also requires that you submit a Notice of Intent by January 25, 2007. Please be advised, that if you fail to submit an Notice of Intent application within the allotted timeframe without first notifying the Commission in writing at least 48 hours in 1'20 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 • WWW.SALEM.COM advance, demonstrating good cause for inability to submit the application, the Commission will enforce fines of up to $200 a day until a Notice of Intent is received by the Commission. In the meantime, the Salem Conservation Commission requests that you appear before the Commission at their next regularly scheduled meeting to discuss this matter further. The next meeting is scheduled for January 25, 2007 at 6:00 PM, 120 Washington Street, 3`d Floor. If you cannot attend this meeting please contact me at 978-619-5685. Sincerely, Carey Duq es Conservation Agent/Staff Planner Cc: Kevin Cornacchio, Chairman Lynn Duncan,Director Planning and Community Development Thomas St Pierre, Building Inspector Beth Rennard, City Solicitor Massachusetts DEP, Northeast Regional Office Encl. r Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands / WPA Form 9A - Enforcement Order 64-358 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Salem January 18, 2007 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Costa Sideridis return key. . Name of Violator 2 Autumn View VQ Address 1. Location of Violation: Property Owner(if different) 14 Buena Vista West Street Address Salem 01970 City/Town Zip Code Map 9 Lot 93 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): The current work occuring at 14 Buena Vista West is in violation because the Order of Conditions, issued under DEP# 64-358, expired on December 11, 2006. Therefore the Salem Conservation Commission issues a cease and desist. After visiting the site on January 9, 2007, it was determined that there were several violations per the previous Order of Conditions DEP#64-358. The conditions that were in violation included #s 5, 19, 21, 22, 23, 29, 30, 44, and 49. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, §40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ® the activity has been/is being conducted in violation of the Order of Conditions issued to: wpa....O..4o •.ay.7/14/06 Page 1 of 3 \ Massachusetts Department of Environmental Protection jam— Bureau of Resource Protection - Wetlands DEP File Number \J1\ WPA Form 9A - Enforcement Order 64-358 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP JG & G Realty Trust, Julianna Tache Trustee December 11, 2003 Name Dated li 64-358 5, 19, 21, 22, 23, 29, 30, 44, and 49 File Number Condition number(s) B. Findings (cont.) ❑ Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ® Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before January 25, 2007 Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ❑ The property owner shall take the following action to prevent further violations of the Act: Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: 'Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not wpaforrtea.doc•rev.7/14/04 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 9A - Enforcement Order 64-358 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Carey Duques Name 978-619-5685 Phone Number Monday, Tuesday Wednesday 8 am -4 pm; Thursday 8 am-7 pm; and Friday 8 am-12 pm Hours/Days Available Issued by: Salem Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures: Signature of delivery person or certified mail number vpaform9a.dm•rev.7/14/04 Page 3 013 ��tsi:i dYy'Y;� +.\i..1��r fi'- 'SS.'.+��..1?' L�s• + ".Y' A �-i a U 1,rs" Y All c `q�Ff Y ,� o � � �k ', 'dr4 fir.';. • ,.T,ox.�� r! �5• `�'�:�x,xF.$�,.� ir..� q.. r•L lta �'. .{ � 1- :J 1 '. rt1 yp, aTf> :.'ri' j� 7 yn z X5. 1 t %` w '.`t r'{a[�.rYt✓"'d 4',"s ?� i t��i r ...r t F .- r5 -,i .V� +M1 + 9 / ley lysZ, Y 1{tY�` 1. •� � �. 4", 1\1p- r7. /a i I pp ' r L � A lP Y f_ '� i 'S ! ( 1 L- i l! ✓41 `:d as T' T t• ♦ r •' 3 C K a !p l.5 £, r~ S•l,yKyg y9.'l.. .� � y .. + l � '0. r� +E{. � i > .l!•tl''"C, V,�f� I � 'k..RZ7'i � jt a .e 1 ,zi•ftr,��y„� .. 4�T. JQ -.k 1 � iF�j ,.,Art. y��"�y �:< � tk n' OF, r✓Sti �r •'w��>�-Az �4 4 r j°',�-�,�,'S"`` a.°' ,.ga'f�+r ' rx'k; • ,�=y;,'`>-it�'r�° � U.a.;y ,'3G,"m'`d'_4��FyyJ,r,.° .�., a f' y+j c ;` k^ :Erb f - y � �ONDIT9,9Q�, CITY OF SALEM DEPARTMENT OF PLANNING AND �nl"eoo COMMUNITY DEVELOPMENT KINimu-F6Y DRIScoL MAYOR 120 WASHINGTON STREET♦ SAL1,N1,MASSACHUS(>ITS 01970 LYNN GOONIN DUNCAN,AICP TFL:978-619-5685 ♦ FAX:978-740-0404 DIRECTOR Fax To: Attomey Grover From: Carey Duques Fax: 978-745-3369 Date: January 18,2007 Phone:978-744-2948 Pages: 3 including cover Re: 12 and 14 Buena Vista West CC: '�D, ( , I n nq Expired Order of Conditions ��( Orgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Per Your Request •Comments: Attorney Grover, If you could look into the status of 12 and 14 Buena Vista West and who currently owns these properties it would be much appreciated. Thank you and feel free to contact me at 978-619-5685. Sincerely, Carey Duques Conservation Agent City of Salem HP OfceJet 7410 Log for Personal Printer/Fax/Copier/Scanner DPCD 978-740-0404 Jan 18 2007 3:34PM Last Transaction Date Time Type Identification Duration Pages Result Jan 18 3:33PM Fax Sent 919787453369 0:49 3 OK .ro CITY OF SALEM ra� CONSERVATION COMMISSION October 10, 2006 s. JG& G Realty Trust Julianna Tache,Trustee g 208 Derby Street Salem,Massachusetts 01970 i Re: DEP#64-357 and 358—Construction of portions of two single-family dwellings Lots 1 and 2-12 and 14 Buena Vista Avenue, Salem, Massachusetts Dear Ms. Tache: Please be advised that the Order of Conditions for the above referenced project will exptt on December 11,2006. If this development project is complete,you should Request a j Certificate of Compliance (enclosed forms) from the Salem Conservation Commission. i If this development project has not been completed, than you must submit a written req est for an extension of the existing Order of Conditions to the Commission at least 30-days; prior to the expiration of the order,as required in the Wetland Protection Act. If the project has not been completed and your Order of Conditions expires,you will be required to file'a new Notice of Intent to complete this previously approved project. f. Please contact me at (978) 745-9595 extension 311 if you have any questions. Sincerely, t Carey Duques k Conservation Agent Planner Enclosures i Cc: Attorney Scott Grover t 1 i, 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 ♦ lt/"LSALEM.COM d 1111/oilk i E \ i - Ty5=331 9 �attico If�la,.��yyv " t 1 { i '4 I G�� %t . r\ � 3 \ �' :� .�� , �, `� 1. . T 1'GA�Yr � ��`��' t d. $ x" 1. &.Va �� U9iaVi 4 S X- y( F s �" '' ', s t, s r� " • r r o9 1 8 i w J.3 7052- 0.8 d 0 S 9` s y i ]� ` 1s � a b � e ... sos Boa 5� d 09- 0 , , a 0350 os��s ��:�,� o . c y 09rt0�, 't , � r 09i�04 p 20 091Q'2rJ 2 09 ggs18 m o gy099, — ~s Amy a�f nU o 0996 a f ao 131 09;9,1130 *r✓ ;,o ? P19 0995 09P W;. m 0&A20 09ig94 N ' 09 S ,911]48 owl NN 0 2i PAN 0 9181b 09-0296 09-03 01984 09870 C C-� '°as " 01 (yam .�C. .�•D9�71 -�'� ��.,.,.! ! � y 09gW2 09109 A &� 09-9R74 Y l JP q 09- 0 9W. -AW w: Professional Land Surveyors &Civil Engineers ESSEX SURVEY SERVICE 1958- 1986 OSBORN PALMER 1911 - 1970 BRADFORD&WEED 1885- 1972 STORMWATER CALCULATIONS BUENA VISTA AVENUE SALEM, MASSACHUSETTS DECEMBER 2003 te41 � rtt 55; 104 LOWELL STREET PEABODY, MASS. 01960 TELEPHONE: 978-531-8121 TELECOPIER: 978-531-5920 E-MAIL: elsai@prodigy.net SUMMARY The proposed development of Lots 1 and 2 on Buena Vista Avenue is exempt from the DEP Stormwater Management Policy since a total subdivision of three single family houses results from the original parcel. However, certain Best Management Practices have been incorporated into the design in order to mitigate runoff quantity and quality. The roof runoff from each house is to be infiltrated utilizing recharge beds. Runoff from the proposed extension of Buena Vista Avenue and the new driveways is to be routed through a vegetated swale prior to discharge into the wetland in the south portion of the lots. Predevelopment and postdevelopment calculations are provided and indicate a slight increase that will result following development. The increase(less than .2 CFS) is not anticipated to have any measurable impact on the resource area. EASTERN LAND SURVEY ASSOCIATES, INC. AOBLol 5 I i "?Y°e.'A, V%`z a p ;= � Christopher R. Mello PLS SHEET NO. L OF 7- 104 104 Lowell Street CALCULATED BY J+).Y+ DATE PEABODY, MA 01960 (978) 531.8121 CHECKEDBY DATE ••� SCALE fZ cow �Ec.loczcE I• Cly � c�1.q'3_E Tt1�NOFF V_ow MES FAN upRlouS . FCtE�U��eut /._�v;taz%o+J tzXaINPSL` . 6VEN1$ 120 of 4(12.p , �1Z0JCS_(s11P1\b .. RU12 i9�L10 30 •[�1'^1 . . G q•tin�� ........ _.... Z Q 11 o J IL .. "DCr 74 y0 41]Yv1E.. 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Mello PLS SHEET NO. -L OF Z 104 Lowell Street CALCULATED BY JJ r DATE PEABODY, MA 01960(978) 531-8121 531.8121 CHECKED BY- DATE SCALE y. . eo-w�PomF.. ccY-nb% 5rofiDCF r,ao �w�_F� LZT+o \toJ yoL� eS W1ZN -Tt q J oTz.r- V O L_y v\ES T.�V]2A1\o...•J . .. .._... S'16fCCE .__. �V F-14-"L Ct/f��b..) '_.1 U-10L. 3ovn �`l• 120• KZ 1FsXZ _ �-ll•S coc, .��w• 12or1-�R 31.x - _.. 31�•$ 4`6 9 J .S W c! !. L '>r 9 S , c C-XZL ..._ ... S"t.ot�rn. EV �\.ilS_— S`15�F•� �S. o-tS�I�R w �J'E -•Al��c��F .� EASTERN LAND SURVEY ASSOCIATES, INC. JOB ms's �� -tea V`s" w ~"F - oa M1, Christopher R. Mello PLS SHEET NO, 1 OF A 104 Lowell Street CALCULATED BY .1 �. PEABODY, MA 01960 DATE Vz 0; (978) 531-8121 CHECKED BY, r' DATE SCALE T2u JaEE.. Ct1,Cl1.E V.XQ L3P2, ccYa.p1 ?A.E.D!?VEaf1MEw1`l •�-� v�oaoWG�c SQ�� . �ftv�A L l T.L. 1�> .... . �0.3TD��(ELoQ,MEwT < — ....0 .08 ,gRRcrTS.< �N10.- Qcc1�c6.E �At��S z.o Acnt3 .oF c.J�•i�c41 c Z. Ar 1TP8h4tnuS e�� ,. 98 v 0-t. 4t.- 1 GeV' J Cwt it Ccm,?os��E cS1 _ • zxgS .35x '14 +_ I,a'1x3L I mmnm.i rsmeseesu,maven Hydrograph Plot Hydrallow Hydrographs by hrtelisolve Hyd. No. 1 PREDEVELOPMENT Hydrograph type = SCS Runoff Peak discharge = 1.75 cfS Storm frequency = 2 yrs Time interval = 6 min Drainage area = 2.10 ac Curve number = 76 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = TR55 Time of conc. (Tc) = 10 min Total precip. = 3.10 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=7,739 cult 1 - SCS Runoff - 2 Yr - Qp = 1.75 CfS 2. 1.5 v CY 1. 0.5 0.0 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) / Hyd. 1 Hydrograph Plot Hydrallow Hydrographs by IntelisoNe Hyd. No. 1 PREDEVELOPMENT Hydrograph type = SCS Runoff Peak discharge = 3.69 cfs Storm frequency = 10 yrs Time interval = 6 min Drainage area = 2.10 ac Curve number = 76 Basin Slope = 0.0 % Hydraulic length = oft Tc method = TR55 Time of conc. (Tc) = 10 min Total precip. = 4.60 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=15,793 cuft 1 - SCS Runoff - 10 Yr - Qp = 3.69 ds 4 . 3 � 2 C7 1 L I I 0 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) / Hyd. 1 Hydrograph Plot Hydraflow Hydrographs by Imensolve Hyd. No. 1 PREDEVELOPMENT Hydrograph type = SCS Runoff Peak discharge = 7.10 cfs Storm frequency = 100 yrs Time interval = 6 min Drainage area = 2.10 ac Curve number = 76 Basin Slope = 0.0 % Hydraulic length = oft Tc method = TR55 Time of conc. (Tc) = 10 min Total precip. = 7.00 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=30,425 cuft 1 - SCS Runoff - 100 Yr - Qp = 7.10 cfs 8 � 4 2 0 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) / Hyd. 1 TR55 Tc Worksheet Page 1 Hydregow Hydrographs by InterwIve Hyd. No. 1 Storm frequency = yrs Sheet Flow Manning's n-value = 0.240 Flow length = 170.0 ft Two-year 24-hr precip. = 3.20 in Land slope = 14.0 % Travel Time ........................................ = 10.0 min Shallow Concentrated Flow Flow length = 0 ft Watercourse slope = 0.0 % Surface description = Paved Average velocity = 0.00 ft/s Travel Time ........................................ = 0.0 min Channel Flow Cross section flow area = 0.0 sqft Wetted perimeter = 0.0 ft Channel slope = 0.0 % Manning's n-value = 0.015 Velocity = 0.00 ft/s Flow length = 0.0 ft TravelTime ........................................ = min Total Travel Time, Tc ........................ 10.0 min HYdrograph Plot Hydraflow Hydrographs by Intelisolve Hyd. No. 2 POSTDEVELOPMENT Hydrograph type = SCS Runoff Peak discharge = 1.90 cfs Storm frequency = 2 yrs Time interval = 6 min Drainage area = 2.02 ac Curve number = 78 Basin Slope = 0.0 % Hydraulic length = 0 ft Tc method = TR55 Time of conc. (Tc) = 11.4 min Total precip. = 3.10 in Distribution = Type III Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=8,253 cult 2 - SCS Runoff - 2 Yr - Qp = 1.90 cfs 2. 3 1.5 tar 1. 0.5 0.0 LI 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) / Hyd. 2 -Hydrograph Plot Hydraflow Hydrographs by Irrterrsolve Hyd. No. 2 POSTDEVELOPMENT Hydrograph type = SCS Runoff Peak discharge = 3.83 cfs Storm frequency = 10 yrs Time interval = 6 min Drainage area = 2.02 ac Curve number = 78 Basin Slope = 0.0 % Hydraulic length = oft Tc method = TR55 Time of conc. (Tc) = 11.4 min Total precip. = 4.60 in Distribution = Type 111 Storm duration = 24 hrs Shape factor = 484 Hydrograph Volume=16,331 cult 2 - SCS Runoff - 10Yr - Qp = 3.83 ds 4 3 CJ 2 1 0 0.0 2.4 4.8 7.2 9.6 12.0 14.4 16.8 19.2 21.6 24.0 Time (hrs) / Hyd. 2 Massachusetts Department of Environmental Protection DEP File Number: L Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Salem Town A. General Information Important: When filling out 1. Applicant: forms on the JG&G_' ReaftyTrust-,_ Julianna._Tache, Trustee computer, use only the tab Name E-Mail Address key to move 208:Derby. Street your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code C' 978-745 2004 Phone Number Fax Number(if applicable) 2. Representative (f any): Tinti, Quinn, Grover&Frey Firm Attorney Scott Grover smgrover@tintilaw.com Note: Contact Name E-Mail Address Before 222 Essex Street completing this Mailing Address form consult Salem MA 01970 your local Conservation City/Town State Zip Code Commission 978-744-2948 978.745:3369 regarding any Phone Number Fax Number(if applicable) municipal bylaw or ordinance. 3. Property Owner(if different from applicant): Same Name Mailing Address City/Town State Zip Code 4. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) 5. Project Location: Lot 1 Buena Vista Avenue Salem Street Address Cfty/Town 9 Part 93 Assessors Map/Plat Number Parcel/Lot Number 6. Registry of Deeds: Essex(So. District) 7199 111 County Book Page Certificate(if Registered Land) i RECEIVED OCT 0 9 2003 DEPT.OF PLANNING& a COMMUNITY DEVELOPMENT r Massachusetts Department of Environmental Protection DEP File Number: * Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of intent Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town A. General Information (cont.) 7. Summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? ® Yes If yes, how many square feet? 9,600 Square Feet ❑ No b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent impacts, prior to restoration and mitigation): Resource Area Size of Impact(e.g.,sq,ft.) B. Project Description 1. General Project Description: Construction of single family dwelling, driveway, well, utilities, grading and landscaping in the Buffer Zone., 2. Plan and/or Map References: Site Development Permit Plan 09-04-03 Title Date Title Date Massachusetts Department of Environmental Protection DEP File Number: �BJu�reau of Resource Protection-Wetlands YY h PA Form 3 - Notice of Intent Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulation 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas Coastal Resource Areas ® Inland Bank ❑ Coastal Beach ❑ Barrier Beach ® Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt Marsh ❑ Coastal Bank b. Complete for all pkroposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to Flooding: Square Feet altered Volume of Flood Storage Lost(cubic feet) Square Feet replaced Volume of Flood Storage Compensation(cubic feet) Land Under Water Bodies: Isolated Land Subject to Flooding: Square Feet altered Volume of Flood Storage Lost(cubic feet) Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet) Bank: Linear Feet altered Coastal Resource Areas: Coastal Dune: Land Under Salt Pond: Square Feet altered Square Feet altered Cubic Yards/Volume removed Cubic Yards dredged Salt Marsh: Rocky Intertidal Zone: Square Feet altered Square Feet altered Coastal Bank: Designated Port Area: Linear Feet altered Square Feet altered Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: Linear Feet altered Square Feet akered Land Subject to Coastal Storm Flowage: Beach: Square Feet altered Square Feet altered Land Under Ocean: Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway (if available): b. Width of Riverfront Area (check one): t ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects c. Describe how the Mean Annual High-Water Line was determined: d. Distance of proposed activity closest to the Mean Annual High-Water line: Feet e. Total area of Riverfront Area on the site of the proposed project: Square Feet f. Proposed alteration of the Riverfront Area: Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft.and 200 ft. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached) ® DEP BVW Field Data Form (attached) ❑ Final Determination of Applicability issued by Conservation Commission (attached) ❑ Other Methods for Determining the BVW boundary(attach documentation): ® 50% or more wetland indicator plants ❑ Saturated/inundated conditions exist ® Groundwater indicators ® Direct observation ® Hydric soil indicators ❑ Credible evidence of conditions prior to disturbance. 3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? ❑ Yes If yes, include proof of mailing or hand delivery of NOI to Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 ® No 2000-2001 Edition Date o-Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations): ACEC ® No c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)? ❑ Yes ® No Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Salem Town D. Performance Standards 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ❑ Yes If yes, describe which limited project applies to this project: Limited Project ® No 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. ❑ Yes If yes, describe which exemption applies to this project: Exemption ® No 3 a. Is the project located in the Riverfront Area? ❑ Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Industrial Development ❑ Residential Subdivision ❑ Commercial Development ❑ Transportation ❑ Other(describe) b. Was the lot where the,activity is proposed created prior to August 1, 1996? ❑ Yes ❑ No 4. a. Describe how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of aftemative project design or location.Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? ® Yes If yes, explain why the project is exempt:: Subdivision does not result in more than 4 lots. ❑ No If no,stormwater management measures are required.Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit d with this form. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Tom Town E. Additional Information Applicants must include the following with this Notice of Intent(NO[): • USGS or other map of the area (along with a narrative description, if necessary), containing sufficient information for the Conservation Commission and the Department to locate the site. Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland (BVW) replication area or other mitigating measure) relative to the boundaries of each affected resource area. • Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • List the titles and final revision dates for all plans and other materials submitted with this NOI. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and Appendix B.Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government,the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B)to confirm fee payment: 113681 - 113682 09/26/03 Check Number Check date Tinti, Quinn, Grover & Frey, P.C. JG&G Realty Trust Payor name on check Applicant name(if different from payor) G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail (return receipt requested) ab tters within 100 feet of the property line of the project location. 2 3 p scant Date Signature roperty Owner(if ant) Date -zQ6- e3 Si ur of Representativ if any) Date f Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix B - Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important. A. Applicant Information When filling out forms on the 1. Applicant: computer, use - only the tab JG&G . Reafty Trust key to move Name _ your cursor- ' 208,..Derby -Street do not use the Mailing Address return key. Salem MA 01970 ``U�r�„,, city/Town State Zip Code m 978-745-'.2004 Phone Numb. r 2. Property Owner(if different): Same Name Mailing Address City/Town State Zip Code Phone Number 3. Project Location: Lot 1 Buena Vista Ave. (West) Salem Street Address City/Town B. Fees To calculate filing fees, refer Abbreviated Notice of Resource Area Delineation (Form 4A): to the category fee list and The fee is calculated as follows (check applicable project type): examples in Section D of this form. ❑ single family house project X$1.00= (feet of BWV) Total fee(not to exceed$100) ❑ all other projects X$1.00= (feet of BWV) Total fee(not to exceed$1,000) State share of filling fee: (112 of total fee less$12.50) Cdyfrown share of filling fee: (112 of total fee plus$12.50) Massachusetts Department of Environmental Protection ._ Bureau of Resource Protection -Wetlands WPA Appendix B - Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (cont.) Abbreviated Notice of intent(Form 4)or Notice of Intent(Form 3): The fee should be calculated using the following six-step process and worksheet: Step 1/Type of Activity: Describe each type of activity (see Section D for a list of activities)that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories in Section D. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per category (identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone,the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. * Step 6/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments:To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. Step 1/Type of Activity Step 2/Number Step 3/Individual Step 4/Subtotal of Activities Activity Fee Activity Fee Category 2 a 1 $250.00 $250.00 Step S/Total Project Fee:$250.00 Step 6/Fee Payments: Total Project Fee:$250.00 (Total fee from Step 5) State share of filing fee:$112.50 (1/2 total fee less$12.50) City/Town share of filling fee:$137.50 (W total fee plus$12.50) IT l l\ BEVE 1 a � \! ( I p9 HARBOR I T. Sch• l � arm \ :.61 Ilk, h •� Ni:.: / / �mey f \✓/`'fin A ati I �J" < �,Lf ••7r�kA _ IS.FIlA.n 'I I, I l Pf x Off �(� I tee la n 6 I !n7•^ ♦� 10M ria rnrn:w ! 4 5 yy.rj towi(�=:T•l/' e4al b Lo to 4�0 ° Ante FOP •� m e \ a. .C� v he • , �ti evC x st ri I _ �' li Fr to h'a<roo ' / I C a' I Ti y G ffat:'. SJ6 to r� �. .�\ ` .M n d pny� 4 0 I'� Hq(n� 1\ ��elkry\� r�. J• 4 � G' gP yS !/�IN Fo v � •;: y \I \` �);, wT HRI I 5 7 �41 tar ` � . ~`3! '�.,�I -, d ./ J P,Op I'-D\�\ zo/ /1 '/ �\ efAyl�%!• H��1 L'ao�Vrit�lly ! A e Tie � •II�; 'I: f ffff.P'1�o5�.:� 9y y� s�lll�: /1/ 5'. lo/ f t`rt t' , 111_r •FI MSLF��/(Ir e� kt HiS�Y C Site• , wr.rf:nnl b ,..s.M_.. '•,11{ - a oM ;� !b�,y..t , P DeiDY <'�9 NdedT1i m dor �e r � ��' ��1� � . � ` �', � I a\ � �^: . oaf q�as�r r s R 1) °i, wharf gvero° 1,,'llrm Mleta(toul =-1QNJr -1 al� LI SAII Y 5 Isllidrl. 1 r 1 WLIer i �Tnk r. . lb11k n �f IIS e�tu In'�1 II Long Pt �Z" � � l ` •A ' A/ -1/T�\/ - , /'Stn �n IILs�eLa ^ cn Plave Q na )[P v ) r .� yL r��V�'• t I t`♦ v `v, .I I',I S. ,r' 01 7/ 1/ yt• tl 1r 7 P :fnurr r� I \, 1 HA_wCyOCK sf C(1 f ', f ! / b l lrl4 \� v S almer J. u s '►� \, 'rr �I"51D'la i'� rl I"JI I AC s 9 « � �j a1 �5� t ...... U � 7 ''"' Oe6TGe .,'v t /r 'y ! ! .I }] l 1 ,•.. r IJf � II aT 11 [7 , Q : ocknw ave •5j" � W 2. s •SII �_� fl I�:" , toryr I� ,� zoil r , I p j •I ° 3 ,h. x .41 {�y 11 pea G. Fo esl R er NOES ao ,J, /AJ �UResenolr 1. .F 4 \ �`. .`� / i'll � d° I� i�U Il�l EP \ Tarx 'r�ilC ken�K � ' . 1. \'A I /a6� SALEM C' .STATE PLINE _r•41. su ser Ua / I `1 �)1,..111�-w"`��IIIB...Ypp'w' ` off Course 1 I it\a v9fa' fir1 ys. HLAN RK IF \ r. n 740 fLYNNI ]QI u ��I fNN l.5 nfl. 55 ]43 ]QQ • I, fiafiP N NW �';: SCALE 1:25 000 ROAD CLASSIFICATION ; _ 0 1 MILE --F=- r- —�_- RRIMMER ENVIRONMENTAL CONSULTING 21 Pine Island Road Newbury, MA 01951 Tel 978-463-9226 • Fax 978-463.8716 April 5,2002 Christopher R-Mello Eastern Land Survey Associates,Inc. 104 Lowell Street Peabody,MA 01960 Re: Wetland Delineation and Evaluation Buena Vista Avenue Salem,MA Dear Mr.Mello: The following is a summary of wetland site investigations conducted at the property located off of Buena Vista Avenue in Salem,MA. The purpose of these investigations was to determine the extent and location of wetland resources subject to jurisdiction under the Massachusetts Wetlands Protection Act(MGH Ch. 131 S.40)within and immediately adjacent to the project site. The limits of jurisdictional wedand resources were delineated on April 1,2002 with a numbered sequence of flags(Al-A10)in accordance with the procedures established within the Massachusetts Wetlands Protection Act Regulations(3 10 CMR 10.00)and the Department of Environmental Protection—Delineating Bordering Vegetated Wetlands Handbook(1995). Due to the presence of disturbed soils only vegetation was used to establish the wetland boundary. DEP field delineation data forms provide additional documentation of the wetland boundary and are included as an attachment. General Site Site Description The site consists of an intermittent stream and associated wetland that flows northeast between two steep slopes. The wetLrnd is highly altered due to human disturbance and contains miscellaneous debris and fill. Wetland flags Al to A3 delineate the bank of the stream. The stream is not shown on the USGS topographic map and is therefore presumed not to contain riverfroct area. There is a narrow fringe of wooded swamp on the western side of the stream that begins near wetland flag A3.The wetland boundary then follows close to the toe of slope. Eastern land Survey Associates, Inc. Re:Buena Vista Ave., Salem,MA Page 2 of 2 The following wetland systems are present at the site: Bordering Vegetated Wetland The narrow fringe of bordering vegetated wetland associated with the intermittent stream that flows through the site was determined to be subject to 310 CMR 10.55. Dominant wetland vegetation includes red maple(Acer rubrum)in the overstory and northern arrow-wood(Viburnum recognitum)and multiflora rose(Rosa multiflora)in the understory. Dominant plant species in the upland include black cherry(Prunus serotina), multiflora rose and poison ivy(Toxicodendron radicans). Inland Bank A narrow stream channel approximately 34 feet wide flows northeast between two steep slopes. There was heavy flow within the channel at the time of observation. The stream is also not shown on the USGS topographic quadrangle map and is therefore presumed to be intermittent and not subject to Riverfront Regulations under 310 CMR 10.58. Wetland flags Al-A3 demarcate the top of bank,regulated as Inland Bank under 310 CMR 10.54. There are no certified vernal pools,estimated habitat of rare wetlands wildlife,or priority habitats of rare species within the project area,as determined by reference to the Massachusetts Natural Heritage and Endangered Species program,Natural Heritage Atlas(2000-2001 edition). Any proposed construction or activity at the site within the 100-foot buffer-zone to Bordering Vegetated Wetland and Inland Bank will be subject to review by the Salem Conservation Commission under the Massachusetts Wetlands Protection Act. Please feel free to contact us should you have any questions or require additional information regarding this project. Very truly, RIMMER ENVIRONMENTAL CONSULTING Mary Rimmer Wetland Scientist RIMMER ENVIRONMENTAL CONSULTING DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Form Applicant Eastern Land Survey Prepared by: REC Project location:Salem. MA DEP File #: Check all that apply: ® Vegetation alone presumed adequate BV W boundary: fill out section I only ❑ Vegetation and other indicators of hydrology used to delineate BV W boundary: fill out sections I and II ❑ Method other than dominance test used (attach additional information) Section I. Vegetation: Observation plot Number: Wet Transect number:A=9 Date of delineation:4/1/02 A. Sample layer and plant species B. Percent cover C. Percent D. Dominant Plant E. Wetland (by common name/scientific name) (or basal area) Dominance (yes or no) Indicator Category* Trees: Red maple/Acer rubrum 38.0 100 Yes FAC Shrub: Northern arrow-wood/Viburnum recognitum 63.0 62 Yes 'FACW- Multiflora rose/Rosa multiflora 38.0 38 Yes FACU Use an asterisk to mark wetland indicator plants: species listed in the Wetlands Protection Act(MGL c. 131,s.40); plants in the genus Sphagnum; plants listed as FAC, FAC+, FAC-, FACW, FACW+, or OBL;or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants: 2 Number of dominant non-wetland plants: 1 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? ® yes ❑ no If vegetation alone is presumed adequate to delineate rhe BVW bou2m submit his farm won the Request for Determination of Applicability or Notice of intent MAIJF.P,3/95 DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Form Applicant: Eastern Land Survey Prepared by: REC Project location:Salem. MA DEP File #: Check all that apply: ® Vegetation alone presumed adequate BVW boundary: fill out section I only ❑ Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out sections I and II ❑ Method other than dominance test used (attach additional information) Section I. Vegetation: Observation plot Number: Uol. Transect number:A_9 Date of delineation:4/1/02 A. Sample layer and plant species B. Percent cover C. Percent D. Dominant Plant E. Wetland (by common name/scientific name) (or basal area) Dominance (yes or no) Indicator Category* Tress: Black cherry/Prunus serotina 38.0 100 Yes FACU Shrub: Multiflora rose/Rosa multiflora 63.0 100 Yes FACU Herb: Poison Ivy/Toxicodendron radicans 10.5 100 Yes 'FAC Use an asterisk to mark wetland indicator plants: species listed in the Wetlands Protection Act(MGL c. 131,s. 40); plants in the genus Sphagnum; plants listed as FAC, FAC+, FAC-, FACW, FACW+, or OBL;or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations, describe the adaptation next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants: 1 Number of dominant non-wetland plants: 2 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants? ❑ yes ® no If vegetation alone is presumed adequate to delineate the BVW boundary,submit this form with the Requestfor Determination of Applicability or Notice of Intent MADEP:3/95 AFFIDAVIT OF SERVICE Under the Massachusetts Wetlands Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, Scott M. Grover, Esquire, hereby certify under the pains and penalties of perjury that on October 9, 2003, I gave notification to abutters in compliance with the second paragraph of Massachusetts General Laws, Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 24, 1994, in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act with the City of Salem Conservation Commission on October 9, 2003 for the properties known as Lot 1, Buena Vista Avenue and Lot 2, Buena Vista Avenue (West), Salem, Massachusetts. The form of the Notification, and a list of the abutters to whom it was given and their addresses are attached to this Affidavit of Service. tt . Grover, Euire ZZ Dated: October 9, 2003 Affidavit or Service Notification to Abutters Under the Massachusetts Wetlands Protection Act In accordance with the second paragraph of Massachusetts General Laws, Chapter 131, Section 40, you are hereby notified of the following: A. The name of the applicant is JG&G Realty Trust, Julianna Tache, Trustee, 208 Derby Street, Salem, Massachusetts 01970. B. The applicant has filed a Notice of Intent with the Conservation Commission. C. The address of the proposed activity is: 12 Buena Vista Avenue(West), Salem, Massachusetts. D. Copies of the Notice of Intent may be examined at Salem City Hall, 93 Washington Street, Salem, MA between the hours of 8:30 and 4:00 on the following days of the week: Monday through Wednesday—8:00 a.m. to 4:00 p.m.; Thursday— 8:00 a.m. to 7:00 p.m. For more information call (978) 745- 8065. The name of the representative is: Scott M. Grover, Esquire, Tinti, Quinn, s Grover&Frey, P.C., 222 Essex Street, Salem, MA 01970. E. Copies of the Notice of Intent may be obtained from the applicant's representative by calling this telephone number(978) 745-8065 between the hours of 8:30 a.m. and 5:00 p.m., Monday through Friday. F. Information regarding the date, time and place of the public hearing may be obtained from the Clerk of the City of Salem Conservation Commission by calling this telephone number(978) 745-9595 between the hours of 8:00 a.m. and 4:00 p.m. on the following days of the week: Monday through Friday 8:00 a.m. to 4:00 p.m.; Thursday—8:00 a.m. to 7:00 p.m. This is the Clerk of the City of Salem Conservation Commission. NOTE: Notice of the public hearing, including its date, time and place, will be published at least five (5) days in advance. NOTE: Notice of the public hearing, including its date, time and place, will be posted in the City Hall not less than forty-eight (48) hours in advance. NOTE: You may also contact your local Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP call: (617) 654-6500. Patriot Properties �O ^— Salem 09/30/2003 Abutters List 12:09:57PM Filter Used: DataProperty.ParceIID='09-0093-0'OR Dataftperty.ParceIID='09-0019-0'OR Data Property.ParceIID='09-0021-0'OR DataProperty.ParceIID= '09-0041-0'OR Dataftperty.Parm[ID='09-0083-0.. E CEIVEDT - 12003.OF PLANNING&NITY DEVELOPMENT °�,,"+�.-�-age fof 1 ParcellD Location Owner Co-Owner Mailing Address City State Zip 09-0019-0 150 MARLBOROUGH ROAD DORINGER JOSEPH H DORINGER JANET 150 MARLBOROUGH ROAD SALEM MA 01970 09-0021-0 148 MARLBOROUGH ROAD JERMYN REALTY TRUST JERMYN JOHN E TR 146 MARLBOROUGH ROAD SALEM MA 01970 09-0041-0 152 MARLBOROUGH ROAD JO MO KO REALTY TRUST ODONNELL KEVIN 21 OAKLAND STREET SALEM MA 01970 09-0083-0 7 9 OUTLOOK AVENUE CASEY EUGENE J JR CASEY JUDITH A 62 FAYS AVE LYNN MA 01904 09-0086-0 25 OUTLOOK AVENUE ANGERAMO CHARLES ANGERAMO BERTHA M 25 OUTLOOK AVE SALEM MA 01970 09-0087-0 27 OUTLOOK AVENUE CARTER TRACY M ANGERAMO DAVID J 27 OUTLOOKAVENUESALEM MA 01970 09-0089-0 3 UGO ROAD AN GLIN CARROL L J GIBNEY LISA M 3 UGO ROAD SALEM MA 01970 09-0090-0 5 UGO ROAD MANSI MICHAEL ROSA 5 UGO RD SALEM MA 01970 09-0091-0 7 UGO ROAD REID KEVIN M REID DONNA M 7 UGO ROAD SALEM MA 01970 09-0092-0 20 BUENA VISTA AVENUE BERRY JOHN T III BERRY RACHEL 20 BUENA VISTA AVE SALEM MA 01970 09-0093-0 12 BUENA VISTA AVENUE JG&G REALTY TRUST TACHE JULIANNA TR 208 DERBY STREET SALEM MA 01970 09-0094-0 10 BUENA VISTA AVENUE SASALUXANON TANIN SASALUXANON SOMPIS 24 REED RD PEABODY MA 01960 09-0095-0 8 BUENA VISTA AVENUE GAGNON FRANCIS A 8 BUENA VISTA AVENUE W SALEM MA 01970 09-0105-0 20 SABLE ROAD CHAMPION MICHAEL R KATHLEEN G 20 SABLE RD SALEM MA 01970 09-0106-0 15 BUENA VISTA AVENUE FOGLIETTA WILLIAM T FOGLIETTA HOLLY T 15 BUENA VISTA AVENUE SALEM MA 01970 09-0109-0 17 BUENA VISTA AVENUE LYMAN CHRISTINE M 17 BUENA VISTA AVE SALEM MA 01970 09-0110-0 19 BUENA VISTA AVENUE BERUBE ROLAND C DONNA L 19 BUENA VISTA AVE SALEM MA 01970 09-0131-0 5 BUENA VISTA AVENUE SAND JEFFREY J SANO DONNA M 5 BUENA VISTA AVENUE W SALEM MA 01970 End of Report Smooth Feed SheetsTM Use template for 51626 Loc:25 OUTLOOK AVENUE Parcel ID#: 09-0086-0 Loc: 150 MARLBOROUGH ROAD Parcel ID#: 09-0019-0 LUC: 101 LUC: 101 ANGERAMO CHARLES/ANGERAMO BERTHA M DORINGER JOSEPH H/DORINGER JANET 25 OUTLOOK AVE 150 MARLBOROUGH ROAD - I SALEM MA 01970 SALEM MA 01970 Loc:3 UGO ROAD Parcel ID#: 09-0089-0 Loc: 15 BUENA VISTA AVENUE WEST Parcel ID#: 09-010 LUC: 101 LUC: 101 ANGLIN CARROLL J/GIBNEY LISA M FOGLIETTA WILLIAM T/FOGLIETTA HOLLY T 3 UGO ROAD 15 BUENA VISTA AVENUE SALEM MA 01970 SALEM MA 01970 Loc:20 BUENA VISTA AVENUE Parcel ID#: 09-0092-0 ( Loc:8 BUENA VISTA AVENUE WEST Parcel ID#: 09-0095 LUC: 101 LUC: 101 BERRY JOHN T III/BERRY RACHEL GAGNON FRANCIS A 20 BUENA VISTA AVE 8 BUENA VISTA AVENUE WEST ,SALEM MA 01970 SALEM MA 01970 Loc: 19 BUENA VISTA AVENUE Parcel ID#: 09-0110-0 Loc: 148 MARLBOROUGH ROAD Parcel ID#: 09-0021-0 LUC: 101 LUC: 106 BERUBE ROLAND C/DONNA L JERMYN REALTY TRUST/JERMYN JOHN E TR 19 BUENA VISTA AVE 146 MARLBOROUGH ROAD SALEM MA 01970 SALEM MA 01970 Loc:27 OUTLOOK AVENUE Parcel ID#: 09-0087-0 Loc: 12 BUENA VISTA AVENUE WEST Parcel ID#: 09-009 LUC: 101 LUC: 131 CARTER TRACY M)ANGERAMO DAVID J JG&G REALTY TRUST/TACHE JULIANNA TR 27 OUTLOOK AVENUE 208 DERBY STREET SALEM MA 01970 SALEM MA 01970 " Loc:7 9 OUTLOOK AVENUE Parcel ID#: 09-0083-0 Loc: 152 MARLBOROUGH ROAD Parcel ID#: 09-0041-0 LUC: 131 LUC: 101 CASEY EUGENE J JR/CASEY JUDITH A JO MO KO REALTY TRUST/ODONNELL KEVIN 62 FAYS AVE 21 OAKLAND STREET LYNN MA 01904 SALEM MA 01970 Loc:20 SABLE ROAD Parcel ID#: 09-0105-0 Loc: 17 BUENA VISTA AVENUE Parcel ID#: 09-0109-0 LUC: 101 LUC: 101 CHAMPION MICHAEL R/KATHLEEN G LYMAN CHRISTINE M 20 SABLE RD 17 BUENA VISTA AVE SALEM MA 01970 SALEM MA 01970 AVERY® Address Labels Laser siA-)4D Smooth Feed SheetsTm Use template for 51620 Loc:5 UGO ROAD Parcel ID#: 09-0090-0 i LUC: 101 MANSI MICHAEL/ROSA 5 UGO RD SALEM MA 01970 ' t Loc:7 UGO ROAD Parcel ID#: 09-0091-0 LUC: 101 REID KEVIN M/REID DONNA M 7 UGO ROAD SALEM MA 01970 " Loc:5 BUENA VISTA AVENUE WEST Parcel ID#: 09-0131- � LUC: 101 SANO JEFFREY J/SANO DONNA M 5 BUENA VISTA AVENUE WEST SALEM MA 01970 Loc: 10BUENA VISTA AVENUE WEST Parcel ID#: 09-0094 LUC: 132 SASALUXANON TANIN/SASALUXANON SOMPIS 24 REED RD PEABODY MA 01960 R " r `0AVERYO Address Labels I near sup® NIF TRACEY CARTER N/F N/F NN/F NEUG /F ENE, JR. & A+4RLQ° eo�6M WILCOX 1 JOHN GIARDI �UDiTH CASEY A,,E & P CHARLES y COSTA & ALL YSON SIDERIDIS a, o mS� DAVID ANGERAMD ANGERAMO,LIFE ES TA TE N 61'10 41 W C7 n N 52'4938" W - — ? --_ --N 52'23'04" W 264.69 67,25 l/ ��6' �— �� \0 209.78' 54.91' SCS -- -- _ sown ✓�+nr LGYut\ I00 N/F- \ \ – Sq a.. ROSA & MICHAEL / i -_� JERMYN REALTY TRUST MANSI LOCUS MAP RESOtRAREA BOUNDARY GENERAL NOTES to / Aa ��' y y 1) THIS PLAN IS THE RESUL T OF AN ON THE GROUND FIELD j \ AP1 GSL cm9 SURVEY AND PUBLIC AND PRIVATE PLANS. I LOT 1 �s.v As2) UTILITIES SHOWN ARE BASED UPON FIELD SURVEY AND 43,495E SF. /� RECORD PLANS AND ARE NOT NECESSARILY INDICATIVE OF UNDERGROUND CONDITIONS. 3) THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING AND CP \ i N 47'24'37" W DETERMINING 7HE LOCATION, SIZE AND ELEVATION OF ALL EXISTING UTILITIES, SHOWN OR NOT SHOWN ON THESE PLANS, N/F �\ 183.00' AR I In PRIOR TO ANY CONSTRUCTION. THE ENGINEER SHALL BE N071FIED JOHN, III & U�1 \ A7y� Z IN WRITING OF ANY UTILITIES FOUND INTERFERING WITH THE RACHEL BERRY J LA PROPOSED CONSTRUCTION AND APPROPRIATE REMEDIAL AC77ON \ �Ao°0 �y // BEFORE PROCEEDING WITH THE WORK. 0 N �s 4) BASED THIS PLAN IS OREFERENCED PLANS, DEEDS AND 7HE RESULTS O A FIELD SURVEY AOF THIS DATE. _ __ ,� RIPRAP LEVEL SPREADER NO CERTIFICATION IS INTENDED AS TO PROPERTY 7111E LOT 57A = -- — —_- -_ - 30 SF.6' TO IMINI STONE, OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED �� j qy � 9Z �" EASEMENTS. SEE PLAN BY EASTERN LAND SURVEY/ \ v`4 X93 z RecAy. 99\ Q ' 4Req e 5) RESOURCE AREA DELINEATION BY RIMMER ENVIRONMENTAL REVISED TO JAN. 27, 200.3 2 CONSULTING, NEWBURY, MASS, APRIL 1, 20027,21 . SERVICE ITYF-ICAC) °Ib APPROXIMATE LOCATION OF PROPOSED WELL DfCk OSED WATER ��_ _ FINAL LOCATION TO BE DETERMINED IN THE FIELD NOTES. g?3 1. ZONING DISTRICT R1 RESIDENTIAL PROPOSfD i 98 2. ASSESSORS MAP 9 PART PARCEL 93 J. RECORD OWNER: JERMYN REALTY TRUST 1sr LLIbC 9s j0 4. DEED REFERENCE: BOOK 7199 PAGE 111 _ 5. PLAN REFERENCE. PLAN BY EASTERN LAND SURVEY �90 Ro �\ CfLLgR 10 d LOT 2 ASSOCS. DATED APRIL 23, 2003 �o \ ovt\ �'° g 7 GAR w ,OO' 6 FL0OR �Gf - — ioz \N 43,495± SF. ' -- too °s 10s1� 41 .s °�.H oz ONE �P��o SEC?ION – VEGETATED SWALE - °e R � � _03 +— 9x• '1 No Scale S J Re q f ¢Q 3 Cp y ,�y ( EROSION CONTROL SILT FENCE NA JOo. �_ °wy o� h'yG '�� . 9��, , \ GRASSED F — `°c F° / SURFACE pH FD. 4" DEPTH OF J SANDY LOAM V \ i WITH 10-20% 'O ORGANICS & —'I 7� 3?, pS�O J _vim Ap. �� 5 MAX. 20% 2. - 9 °6, c \� �( o� OF CLAY 104. O(b � •�� u3.a v 5 6678'12 v `�2• �. \ S \ 16 �, NIF EROSION CONTROL SILT FENCE s"H _�FMF,y� TANIN & SOMPIS SASALUXANON 2"x2'x4'-6' WOODEN POSTS 99.0 AT 8' O.C. (MAX) MIRAFI No. 100 SEDIMENT CONTROL FABRICD \ HAY BALES O�'� FLOW DIRECTION EXISTING GROUND \\/ SEWER AND WATER SERVICES SHALL BE SITE DEVELOPMENT PERMIT PLAN \ INSTALLED IN ACCORDANCE WITH -HE S I'z REQUIREMENTS OF THE CITY OF SALEM \moo` LOCATED IN -_ IN II —_ IN II PUBLIC WORKS DEPARTMENT. ,p8 `\ II I I = II I I = UNDISTURBED SUBGRADE \ \ _ III _ IUI SALEM , MASS . ROOF RECHARGE BED PREPARED BY NO SCALE L E G E N D 4" LOAM AND SEED (MIN.)—` ` \ EASTERN LAND SURVEY ASSOCIATES, INC. - - 1Q' MIN °>< TO 95 MAX 4* INLET -- STORMTECH SC-310 CHAMBERS �tY \ °9 \ O TMH EXISTING TELEPHONE MANHOLE 100 PROPOSED CONTOUR Y CHRISTOPHER R. MELLO, PLS 0 SMH EXISTING SEWER MANHOLE100x0 PROPOSED SPOT GRADE 1e• v� V _� o� f 1 O A 0 DMH EXISTING DRAIN MANHOLE 6- r y10FM 4 LOWELL ST. PEABODY, MA. 01960 IE EXISTING CATCH BASIN cw EXISTING HYDRANT F� / 6 ywfi' I CLAYTON A. u (978) 531 -8121 SECTION 2' Min. 1 1/2- TO 3' WASHED STONE \ �i CHRISTOPHER G MORIN EXISTING WATER GATE \sT� r " G""L �+ " ' SEPTEMBER 4 2003 — 100 — EXISTING CONTOUR EST S.H.W.T. \ VG o MELO ! No.30968] LE; 1 = 20 , 100.00 EXISTING SPOT GRADE 3 - STORMTECH SC-310 CHAMBERS \ Aql °�z o No.31311 p �J ,, ^'G/STER q4Q• o UTILITY POLE MIN. 1 INSPECTION PORT IN AN 6' BY 24' STONE LINED \ \ - R Q 1 �SSlONALENG\4� PLAN TO FINISH GRADE Nj ST LIGHT O LIGHT ON POST ExcnvnnoN \\ �n3 s:^y�� ...•.'� ❑HH HANDHOLE - RETAINING WALL \ - 00000000o STONE WALL � � `�'�y PHOTO REPRODUCTION OF THE ABOVE SEAL IS CURB_. — .— FENCE 4' PVC TO DOWNSPOUTS ar (TYPICAL) \ \\ cb INDICATIVE OF UNAUTHORIZED REPRODUCTION OF THIS PLAN AND IS TO BE CONSIDERED A RESOURCE AREA BOUNDARY — L-— '° COPYRIGHT INFRINGEMENT AND/OR FRAUD. S � 0 10 20 40 60 Be A10 RESOURCE AREA BOUNDARY FLAG 6 \ ENFORCEMENT AUTHORITY SHALL NOT ACCEPT \� GEOTEXTILE FABRIC ov \ \ PHOTO REPRODUCTION FOR ANY PURPOSE. REVISED 12-3-03 C 2526 LINED EXCAVATION NIF NIF NIF N/F NIF JR. & NAPL00 L6 H TRA CEY CARTER & CHARLES ➢ �WILCOX NIF JOHN G/ARDI EUGENE, CASEY — ANGERAMO COSTA & ALL YSON SIDERIDIS JUD DAVID ANGERAMO t " LIFE ESTATE m N 61'10'41 �.� N 5249'38" W a N 52'23'04' W 264.69 67.25' a�2 RS 4 50' 115.96' �_ -� , 0 209.78' 54.91' 3V[NA ✓ItTN L.Q'Cr� C NIF ROSA & °« MICHAEL �,R�tEN, MANSI JERMYN REALTY TRUST g0CK LOCUS MAP RESOUR AREA BOUNDARY GENERAL NOTES As i � �a�r i) THIS PLAN IS THE RESULT OF AN ON THE GROUND FIELD W / �;�% G� avf SURVEY AND PUBLIC AND PRIVATE PLANS. LOT 1 /gs. 2) UTILITIES SHOWN ARE BASED UPON FIELD SURVEY AND �9J 4.319495± SF. / / RECORD PLANS AND ARE NOT NECESSARILY INDICATIVE OF aN UNDERGROUND CONDI TIONS. N \ \ v, i N 47"24'37" yy / J) THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING AND _ DETERMINING THE LOCATION, SIZE AND ELEVATION OF ALL /c \ h M EXISTING UTILITIES, SHOWN OR NOT SHOWN ON THESE PLANS, NIF � � � � 183.00' AA I to �o Rs PRIOR TO ANY CONSTRUCTION. THE ENGINEER SHALL BE N077FIED JOHN, lIl & \ \ A9 yO 1G 1�-go v y N IN WRITING OF ANY U77LITIES FOUND INTERFERING WITH THE RACHEL BERRY ��- 1� PROPOSED CONSTRUCTION AND APPROPRIATE REMEDIAL ACTION \o'! N BEFORE PROCEEDING W77H THE WORK. Gt - / tT p of 0 N Tx 4) THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS - - �- - - - - R I PROP LEVEL SPREADER rn AND THE RES77 N I A FIELD SURVEY AS OF THIS DATE. - LOT 57A — � \ �� v 6' TO 12' STONE, NO CERTIFICATION /S INTENDED AS TO PROPERTY TITLE 30 SF. MINIMUM OR AST THE EXISTENCE OF UNWR/T7EN OR UNRECORDED % SEE PLAN BY EASTERN LAND SURVEY � \�9w — , _ h`O •A _ - 9329 _ -` - i r REVISED TO JAN. 27, 2003 5) RESOURCE AREA DELINEATION BY RIMMER ENVIRONMENTAL 2 94 \ \ \ �y CONSULTING, NEWBURY, MASS., APRIL 1, 2002. 00I?' iTYpICALi — - -b� APPROXIMATE LOCATION OF PROPOSED WELL qqa "x DECk PROPOSED WATER SES CE � 9(o F I NAL LOCATION TO BE DETERMINED IN THE FIELD NOTES: + W73 1. ZONING DISTRICT R1 RESIDENTIAL 1c'y N PROP 9` %; 98 2. ASSESSORS MAP 9 PART PARCEL 93 DW2(OSfD , IO J. RECORD OWNER: JERMYN REALTY TRUST 1S \ Oo NG 9g 0 4. DEED REFERENCE.- BOOK 7199 PAGE 111 U9 \ ovt� Ce CELL RR 10j GqR N LOT 2 5. PLAN ASSOCS.FDATEDEAPRIL 23, 2003PLAN BY TERN LAND SURVEY 40- 96 FLooR ACF � — oz ��NE 43,495± SF. -- 704 5 o z ! Op1E 24. oz f �� w 9 SECTION — VEGETATED SWALE �- � I y \,�o`'� No Scale FS o I \3� \ \ ' 3 C9 EROSION CONTROL SILT FENCE Y O Oo f'y Q�G� .�. / oaa 61SSED- O \ f ice ' �A'pscSURFACE - - 104.1 �\ 3 � 1 11 ,_6n � � ED. 4n DEPTHOF pI / 0 °e NTHSAN10L-020% IORGANICS & "i r� 7 `? " POS / i � x'O� �� /o \ Oss f� MAX. 20� OF CLAY �b - U 256 �2. �� S 04 I 0�° NIF EROSION CONTROL SILT FENCE "� O l �— Ftir / 2"x2"x4'-6" WOODEN POSTS � 99'0 TANIN & SOMP/S SASALUXANON ur3 AT 8' O.C. (MAX) \ `� MIRAFI No. 100 SEDIMENT \ \ CONTROL FABRIC I �\ \ HAY BALES o`\ 117.1 \ rq,o FLOW DIRECTION � EXISTING GROUND FIS SEWER AND WATER SERVICES SHALL BE �° \ s INSTALLED IN ACCORDANCE SITE DEVELOPMENT PERMIT PLAN WITH HE S \ � � REQUIREMENTS OF HE CITY OF SALEM = IIII - IIII PUBLIC WORKS DEPARTMENT. \ °� \ LOCATED /N IIII = IIII _= — IIII — IIII UNDISTURBED SUBGRADE SALEM , MASS . \ \ //0 PREPARED BY L E G E N „ .•e�.Ih,yA EASTERN LAND SURVEY ASSOCIATES, INC. "u�rs , , O TMH EXISTING TELEPHONE MANHOLE 10 PROPOSED CONTOUR ~ CHRISTOPHER R. MELL 0 PLS �/ /°B. n�. CHRISTOPHER o SMH EXISTING SEWER MANHOLE 100x0 PROPOSED SPOT GRADE \ y R w, 0 DMH EXISTING DRAIN MANHOLE o.31O 104 LOWELL ST. PEABODY, MA. 01960 ® EXISTING CATCH BASUN � � �` No.3131/ p / (978) 531 -8121 ow EXISTING HYDRANT EXISTING WATER GATEr,� 100 - EXISTING CONTOUR \G\ ''�C SCALE: 1 ” = 20' SEPTEMBER 4, 2003 100.00 EXISTING SPOT GRADE °4 ioy UTILITY POLE \ LIGHT ON POST \ M ?' ❑ HH HANDHOLE RETAINING WALL 000000000 STONE WALL \ CURB \ s PHOTO REPRODUCTION OF HE ABOVE SEAL IS ' - '� -x — x — FENCE \ J \\ INDICATIVE OF UNAUTHORIZED REPRODUCTION RESOURCE AREA BOUNDARY 1 `� OF HIS PLAN AND IS TO BE CONSIDERED A COPYRIGHT/08 �� \ FS \��\ ENFORCEMENT FRINGEMENT AUHORITY SHALL NOTUD.ACCEPT 0 10 40 60 80 na1E ATO RESOURCE AREA BOUNDARY FLAG /oy /o2 \s\ \ PHOTO REPRODUCTION FOR ANY PURPOSE. F 12526