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64-339 - 12 BUENA VISTA AVENUE - CONSERVATION COMMISSION ��, �u -33°� 12 �c..o, V;st,,, A�cn�. -- - / __ _ J _ _ _ \. I - - ,`� __ _' . Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-339 WPA Form 5 - Order of Conditions r4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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: 12 Buena Vista Avenue 64-339 Project Location DEP File Number Has been recorded at the Registry of Deeds of: a--ex / q �6a a 9F County Book Page for: ' �tixlj , Tit _ Property Owner and has been noted in the chain of title of the affected property in: / OF 0294 Book Page In accordance with the Order of Conditions issued on: 4 . Zfv, ZoDZ Date If recorded land, the instrument number identifying this transaction is: //f7 Instrumerif Number If registered land, the document number identifying this transaction is: Document mbar - igna ure of Applicant WPA Form 5 Rev.M00 Page 7 M] aF „ DEP File Number: S Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 64-339 s WPA Form 5 — Order of Conditions =z � • Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: When filling 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 VQ To: Applicant: Property Owner(if different from applicant): Realty Trust Julianna Tache, Tr. Same Name Name Name 208 Derby Street Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 12 Buena Vista Avenue Salem Street Address Citylrown Map 9 Portion of Parcel 93 Lot 57A Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 14580 308 County Book Page NA Certificate(if registered land) 3. Dates:Amendment January 30, 2003 February 13, 2003 February 13, 2003 August 29 2002 September 26 2002 September 26, 2002 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. (Buena Vista Ave.) Rev. Jan. 27, Title 2003 5. Final Plans and Documents Signed and Stamped by: Christopher R. Mello Name 6. Total Fee: $250.00 Waived -Amendment (from Appendix B:Wetland Fee Transmittal Form) WPA Form 5 Page 1 of 7 Rev.02100 ` Massachusetts Department of Environmental Protection DEP rue"amber: Bureau of Resource Protection - Wetlands 64-339 r = WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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 h P P 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 Fono 5 Page 2 of Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-339 a WPA Form 5 — Order of Conditions �.� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP iH 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 64-339 11 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. VJPA Fom 5 Page 3 of 7 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-339 WPA Form 5 - Order of Conditions Provided by DEP }. k Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ,W 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 Here by 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 Form 5 Page a of 7 Rev.02100 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP Poe"amber` i WPA Form 5 — Order of Conditions ey-303y Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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. 1'1rn�tialYt.-0r.'� '�SJy-C..Q IFb.13,20a3 2ee2. 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 Appendi*A)aqd the property owner(if different from applicant). Signatures: r n L) C1Ay L On AbVAA Of Fc�*C.o.�ryt _ 166,1 Day Month and Year before me personally appeared 'f�►bb�� ylo,,N..e,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. A�,w�`r Notary Public My Com fission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail,return receipt requested,on %y zo�3 Date Dat —� wpabd .doo•m.ivismo 13 L J.CEFALO PO e$� Notary Public commonwealth of Massachusetts e My Commission Expires Au ust 30,2007 Massachusetts Department of Environmental Protection DEP File Number: UttBureau of Resource Protection - Wetlands 64-339 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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 Form 5 Page 6 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands r 64-339 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------------------------------------ To: AMENDMENT Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: 12 Buena Vista Avenue 64-339 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 Favrc5 Page]of Y Ree 02/00 AMENDMENT Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE # 64-339 City of Salem, 12 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 farm 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#64-339, 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 willalter 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 49 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 Commssion 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-wafering 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, loamed,and seeded prior to November 1 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 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 fust 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. A deed restriction shall be placed on Lot 57A, Map 9(12 Buena Vista Avenue)to identify a"No Cut/No Fill/ No Build Zone"as indicated on the Site Development Permit Plan,dated September 19,2002. The property deed shall include these Special Conditions. A copy of the deed shall be submitted to the Conservation Commission for review prior to the conveyance of the lot. Massachusetts Department of Environmental Protection DEP File Number: '. Bureau of Resource Protection -Wetlands 64-339 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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 VQ To: Applicant: Property Owner(if different from applicant): Jermyn Realty Trust, John E. Jermyn, Tr Same Name Name 146 Marlborough Road Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Project Location: 12 Buena Vista Avenue Salem Street Address Cityrrown Map 9, Portion of Parcel 93 Lot 57A Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 14580 308 County Book Page NA ` Certificate(If registered land) 3. Dates: August 29, 2002 September 26, 2002 September 26, 2002 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. (Buena Vista Ave.) Rev. Sept. 19, Title 2002 5. Final Plans and Documents Signed and Stamped by: Christopher R. Mello Name 6. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Form 5 Page 1 of 7 Rev.02100 d Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-339 WPA Form 5 - Order of Conditions .� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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. NPA Form 5 Page 2 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-339 WPA Form 5 - Order of Conditions 9� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP d 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 64-339 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 Page 3 of 7 Rev.07/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-339, WPA Form 5 - Order of Conditions g� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP 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 Here b finds check n y ( 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 Foam 5 Rev.02100 Page 4 of Massachusetts Department of Environmental Protection DEP File Number. • Bureau of Resource Protection -Wetlands tA—S31 WPA Form 5 - Order of Conditions Provided by DEP ug 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. Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified m ' eipt r ested)or hand delivered to the applicant. A copy also must be mailed or hand del' Bred at the s ' e to the appropriate Department of Environmental Protection Regional Office (s Append' a t property owner(if different from applicant). Signatures: On of Day Month d Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and ackn=edtha I j execr ed the same as his/her free act and deed. Notary Public. My Co mission Expires This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested,on �c.kUb�r- 3 , 2002_ Date Date WPA Fa 5 Page 5 of Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-339 WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP w 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 VJPA Forth 5 Page 6 of 7 Rev.07/00 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-339 WPA Form 5 - Order of Conditions ,y Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP •W 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: 12 Buena Vista Avenue 64-339 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 Fon 5 Page 7 of 7 Rev.02/00 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE #64-339 City of Salem, 12 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#64-339,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 49 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 1 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 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 fust 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. A deed restriction shall be placed on Lot 57A,Map 9(12 Buena Vista Avenue)to identify a"No Cut/No Fill/ No Build Zone"as indicated on the Site Development Permit Plan,dated September 19,2002. The property deed shall include these Special Conditions. A copy of the deed shall be submitted to the Conservation Commission for review prior to the conveyance of the lot. i Massachusetts Depardnent of Environmental Protection DEP File Number- Bureau umberBureau of Resource Protection-Wetlands 64-339 WPA Form 3 - Notice of Intent Provided by DEP I` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town A. General Information AMENDED Important: When filling out i Applicant:' . formsa JG&G computerputer,, use . RealtyTrusi: , Juliann Tache, Trustee 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. cityyrown State Zip Code 978 745-(20,04 Phone Number Fax Number(if applicable) 2. Representative (d any): ae a Tinti, Quinn,Grover&Frey PC Firm Attorney Scott Grover tinti@shore.net Note: Contact Name E-Mail Address Before 222 Essex Street Completing this Mailing Address form consult your local Salem MA 01970 Conservation Cityrrown State Zip Code Commission 978 745-8065 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 cityfrown State Zip Code 4. Total Fee: Amended - Waived (from Appendix 8:Wetland Fee Transmittal Form) 5. ;Project Location: 12 Buena Vista Avenue Salem Street Address Cityrrown Map 9, Portion of Parcel 93 Lot 57A Assessors Map/Plat Number Parcel/Lot Number 6. Registry of Deeds: Essex So. District 14580 308 County Book Page enificate(if Registered Land) 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 A. General Information (cont.) 7. Summary of Project Impacts: a. is any work being proposed in the Buffer Zone? ® Yes !f yes, how many square feet? -- 9000 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, utilities,grading and landscaping in the Buffer Zone. (Size of dwelling is being increased and location is being shifted from the plans originally approved.) 2. .plan and/or Map References: Site Development Permit Plan April 10,2002 Title Date located in Salem, MA Title Date 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 Tim 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 ❑ r oastal Beach ❑ Barrier Beach ® Bordering Vegetated Wetland(BWV) ❑ 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 YardsNolume 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 C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: Linear Feet altered - Square Feet altered Land Subject to Coastal Stony! 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): ❑ 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: quare Feet f. Proposed alteration of the Riverfront Area: Total Square Feet Square Feet within 100 ft. Square Feet between 100 R and 200 ft. Massachusetts Department of Environmental Protection DEP Fide Number: Bureau of Resource Protection-Wetlands WPA Form 3 - Notice of Intent Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. a 131, §40 Toren 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 Feld 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 ❑ Saturatedlnundated conditions exist ❑ Groundwater indicators ❑*Direct observation ❑ Hydric soil indicators ❑ Credible evidence of conditions oriorto 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 Atlas Date of 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 '47estriction 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 Clem 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: _. . .Vifted 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 priorto August 1, 1996? ❑❑/Yes Ev No 4. a. Describe 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.Attach narrative and supporting documentation. ' b. Is this project exempt from the DEP Stormwater Policy? ® Yes If yes, explain why the project is exempt:: Development of Single Lot ❑ No If no,stormwater management measures are required.Applicants are encouraged to complete Appendix C: Stomnwater Management Forth and submit it with this forth. Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of intent Provded by DEP t 1 Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town E. Additional Information Applicants must include the following with this Notice of Intent(NOQ: • USGS or other map of the area (along with a narrative description;if necessary),containing sufficient information forthe 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 Welland(BVW) replication area or other mit;(iafing 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 DFP 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 govemment,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: N/A - Amended Check NUM6--- Check dcheck d te— � —r Payor--name on check � � -J Applicant dame(A different om 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). 1 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 mu made in writing by hand delivery or certified mail (return reneic. ,ue%ed)to all abutters in of the property line of the project location. — .7-7 - 0 -7i o Dale f/Signature Propgrtv Ownernt) Date - 1 .--9~ D3 nalu live(if any) Date Massachusetts Department of Environmental Protection \� Bureau of Resource Protection-Wetlands WPA Appendix B —Wetland Fee Transmittal Form t, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important A- Applicant Information When filling out forms on the 1. Applicant: computer, tab aJG&G ReattyTrust, Julianna Tache, Trustee onlylythe _ key to move Name your cursor 208 Derby Street. - do treet_ _do not use the Mailing Address return key. . Salem NIA _ 01970 _ cityrrown State Zip Code . 978745-c 2004 Phone Number 2. Property Owner(if different): Same Name Mailing Address cityrrown State Zip Code Phone Number 3. Project Location: t2 Buena Vista Avenue_ _Salem Street Address cily/rown 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 O of this form. ❑ single family house project X$1.00= (feel of BVVV) — Total fee(not to exceed$100)-- ❑ all other projects X$1.00= (feet of BVVV) Total fee(not to exceed$1,000) State share of filling fee: 02 of total fee less$1250) "y City/Town share of filling fee: (12 of total tee plus$12.50) Massachusetts Department of Environmental Protection DFP Fie Number. Bureau of Resource Protection-Wetlands WPA Form 3 — Notice of Intent Provkjed by DEP Massachusetts Wetlands Protection Act M.G.L. a 131, §40 SALEM Tawn G. Signatures and Submittal Requirements (cont) 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 Appendix 8;and the dtyAown fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DFP: Two copies of the compOeted Notice of Intent(Forth 3),including supporting plans and documents;two copies of pages 1 and 2 of Appendix 8;and a copy of the state fee payment must be sent to the DEP Regional Office(see Appendix A)by certified mail or hand delivery. Other. If the applicant has checked the yes'box in any part of Section C, 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- w F� 3 P. "6 w.02W Massachusetts Department of Environmental Protection Bureau of Resource Protection-Wetlands WPA Appendix B —Wetland Fee Transmittal Form 1 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: ktentify the number of each type of activity. Step 311ndividual Activity Fee: Identify each activity fee from the six project categories in Section D. Step 4/Subtotal Activity Fee: Multiply the number of activities(dented 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 5/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 cityAown share of the fee,divide the total fee in half and add$12.50. Step 1/Type of Activity Step 2/Number Step 311ndividual Step 4/Subtotal of Activities Activity Fee Activity Fee Cat. 2a, Single Family House 1 $250.00 $250.00 Step 5/Total Project Fee:$250.00 Step 6/Fee Payments: Total Project Fee:$250.00 (Totat fee from Step 5) j State share of filing fee:$112.50 - (12 total fee less$12.50) City/rown share of filling fee:$137.50 (12toMzi fee pts$12.60) RIMMER 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 wetland resources were delineated on April 1, 2002 with a numbered sequence of flags(Al-A 10)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 Description 'Be site consists of an intermittent stream and associated wetland that flows northeast between two steep slopes. The wetland 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 riverfront area. -[here 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(Vrbumum recognitum)and multiflora rose(Rosa multi,/lora) 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 3-4 fed 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 4: Check all that apply: ® �`egetation 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 11 ❑ Method other than dominance test used attach additional information Section I. Vegetation: Observation plot Number: Wet Transect number:A=9 Date of delineation: 14 1/02 Welland A. Sample layer and plant species B. Percent cover C. Percent D. Dominant Plant E. Indicator es or no)(y (by common name/scientific name) (or basal area) Dominance Category* Trees: 38.0 100 Yes *FAC Red maple/Acer rubrum Shrub: .0 62 Yes *FACW- Northern arrow-wood/Viburnum recognitum 63 63.0 38 Yes FACU Multiflora rose/Rosa multiflora genus Sphognitin; sted as Use an asteriskFto mak ACWr FACW wetland,Ior 0133 or plantsP�ithindicator plants: seciesphys ologilcal or tmo phologicall adaptations. if anylplants0are identifiedeas wetland i dicatorplatntslFAC, listed in te Welands due to FACFAC-, h sioiolo -cal or mor holo -cal adaptations describe the ada ration next to the asterisk. Vegetation conclusion: Number of dominant wetland indicator plants: 2 Number of dominant non-wetland plants: 1 o Is the number of dominant wetland plants equal to or grcatcr than the number of dominant non-wetland plants? ® yMAIDE❑/9 If vegetation alone is presumed degnNe m delineate the p V91'hnunrinn•,snhmit this farm roith the Request far Orterminntinn of Applicnhillq•nr Notice of Intent DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Form ^ r , 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: Upl. 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 or basal area (by common name/scientific name) ( ) Dominance (yes or no) Indicator Category* Tress: 38.0 100 Yes FACU Black cherry/Prunus serotina Shrub: 63.0 100 Yes FACU Multiflora rose/Rosa multiflora Herb: 10.5 100 Yes 'FAC Poison Ivy/Toxicodendron radicans 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; orplants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological adaptations,describe the ada tation 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? ❑ yesApE®no if vegemrion Mune i.t prevrmed nrlequnre ro rlclinen(e Ure RVn'bnunAnrt,submit Arts form wiUr Ute Requesrfor DMerminrtrlon of AppllcobU/ry or Notice of Intent INT \� b' t$ l� \ Is ,2W ).. . .=1r,� �� 6 I ,�sO•pt` �' }jblL JAea 1'l �cN`'1!; 'tan �Balrn p ' n \7r(�� ' 1 ,HARBOR Ce'!,ae v ( ,.rh �I 1gjI e'\ 15uuXton' /off' •"•- k-t _ rs, ,H `+°,\ /: -rl i areenlawn {- x- It , �. f , e• i Fnn u r 1 ( ,l1' Pknn(nr pMAe' ��. HIII M { etb tRch p BthomRn Rth II "I, Cemelay S, un A /.9,ht "�. `.t 194A , .1 ♦ '\\\' 1C7 - A 11.. I` ! A •'. 1 '0t L .1Y{ 1:,, : \frtlll Lao m•.... 6a � . ��' . N l.nFtell !� � r s, A 34 J,Il ah tl< 4 '•• n teL -..XBn� 8kA or X II -iJ9( .4' -4 "��' ry .ext !t• pnt " '�' • oC1 I tf5g d. .R 4 �r� 0 Lnte 9 az \1 4.1 •:� ws rl �� I M 1'l I r) ; of u ..s.. a •l .-..A ' _ R / 1 4�-"dlatltgle 7t � ,* \3 � .H. .,,r�.,. t t `lF, la CI w'°L'+ur: , II ti i!� C a• ,�zl \ ., Fqk ,t f,.. _ Si"Y�te I L /. ✓ 11 r r t .:,r y < `.n fi ' r Armon .�. " 1 HIah,AN h \ ft oppA�A 7 1 2 / Y \� F` p / ) rcOA h1'5rh /ROM C¢hietery i C \ S' I 7 p4 f' 9 E� • ••�l W1R^ j,�� \ t. L alem> I / Ke Hltl' \� M ommntll� 15P nTirminal 111 *_mpe,.: u1i eon ,p n f F T1 / 4t, t a��M L Pak H 0 \\ !1 7 t e Y hl llp� je wlTfil .� YOoT. • � _f09 \ p 4�C �AI. rh %�.�]f7[� �Fnd�i 1 - �`a Mote 4 v \ :" M � I aNINO 0 L � �1'q h5 � � .� Ce M ± "d Vexxf�� 1 7 �g ��-!\ 1 11 u/n(ti, - T, Ca . < '� ... . . .1109 aq CCCCCC'1t\ T \v�. 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AARN ' �' \ 't� \' a1 1lgE ` .)3i.,�..:. 1V0.C-N ._4' \4�:_\ ) _.� n-`-�/ S 0 �. A r !\ /1.11 11•293f)' 340 (LYNN) )AI /' i .. , . 55' 343 144 1e ...... .o._m oo c �•.� �rE•e. .:.e.._.n• 70°'72' 30" (0111' ry 1H,` .. cI", . )I .: ) • AE SCALE 1:25 000 ROAD CLASSIFICATION 0 ___ I MIlr. 'Pc -> : —.r_--r-.-=:-�_�'-]E::=_r==-.=- Primary highway, Light-duty road, hard 0r 0 1000 700" 7000 nOnn NOOn 8000 7000 IErT hard surface im roved Surface I o 1 ennl.rlrn SeConrliry highway. 1 1 hard Surlace _ _ - Ununpruved road CONTOUR IWERVAL 10 FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 --- -•' ;. Interstate ROule 'U. S Route `State Route DEPTH CURVES AND SOUNDINGS IN FEET—DATUM IS MEAN LOW WATER MAss i. THE RELATIONSHIP BETWEEN T11F 11n TIAIVMG 1S 0.,1101_: - --- " m -a Sketch-f: Move Dwelling Plan (9st FLR. 2nd FLP., Cellar) to Right � Side by 9' Approximelelyas Showa. A7 Nol-to-Scale Dated f/fW3 A Resource Area No Felt and No Build A - A 2nd Floor � �- A" �� r W, ull-Head Gam'sion, 2nd Fbnr — — — X241DECX _ 4 � GerrFsion _ : — _r_ Proposed Du�sN►ng f r � A` 0, �Q I ` J 3 f 64` 2' PropZosed Garage t , -�—22' 9 i �. Paved On'veway -- -- — ' - —! f.5. WelkwBy _ proa � ` >y Lae Buena Vista AVE (West) m COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office JANE SWIFT BOB DURAND Governor Secretary LAUREN A.LISS Commissioner DEP File# 064-0339 RE:NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM DATE: 9/23/2002 9:37 AM (city/town) The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act(M.G.L. c. 131, §40): Applicant: JOHN JERN4YN Owner: _ JERMYN REALTY TRUST Address: 146 MARBOROUGH RD Address: SALEM, MA 01970 } LOCUS: 12 BUENA VISTA AVE IF CHECKED,THE FOLLOWING ITEM(S)APPLY TO THIS NOTICE OF INTENT: A.-(X)_'Chis project has been assigned the following file# 064-0339 Although a file# is being issued, please note the following: ok C.()Other Regulatory Jurisdiction 1. O Application has been forwarded to Waterways Regulatory Program to determine if a Chapter 91 License is required. 2. () Applicant is advised to forward a cony of the Notice of Intent to the Corps of Engineers for review(call 1-800-362-4367 for information). D. O 401 Water Quality Certification The project described in your Notice of Intent requires a 401 Water Quality Certification from the Department of Environmental Protection and may require submittal of a 401 application form. See below for further details: 1. O Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality Certification application form is not required. The Department has reviewed the plans submitted by the applicant and finds that there is reasonable assurance that the project or activity will be conducted in a manner that will not violate the Massachusetts Surface Water Quality Standards,provided that: a) the applicant receives and complies with a Final Order of Conditions from the local conservation commission or the Department; b) The Order of Conditions does not cause the loss of more than 5,000sq.ft. of bordering vegetated wetlands and land under water and/or the dredging of more than 100 cubic yards of land under water; (see page 2 for additional information) This information is available in alternate formal by calling our ADA Coordinator at(617)574-6872. 205A Lowell St. Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661-7615 • TTD#(978)661-7679 0 Pdnted on Recycled Paper .�J c) any loss of vegetated wetlands has been mitigated with a minimum replication of 1:1; and is not part of a subdivision; does not cause the loss of any Wetlands designated as d) The project is not exempt from the M.G.L. c. 131, §40-the Wetlands Protection Act; Outstanding Resource Waters; and does not cause the loss of any salt marsh. Therefore,provided that the above conditions are satisfied,the Final Order of Conditions will serve as the Water Quality Certification for this project. This does not relieve the applicant of the duty to comply with any other statutes or regulations. 2. Q Before the activity described in the Notice of Intent can commence,you must obtain a Water Quality Certification form from this Regional Office. Please complete the enclosed 401 Water Quality Certification application form and file it with this Regional Office for review. 3. Q Your project involves dredging of greater than 100 cubic yards of material or requires a permit from the Federal Energy Regulatory Commission for work in"waters of the Commonwealth." Therefore,your proposed project is subject to 314 CMR 9.00 and requires a Water Quality Certification. Please complete the enclosed 401 Water Quality Certification application form and file it with the Department of Environmental Protection,Waterways Program,and One Winter Street,Boston,MA 02108. Contact the Division of Waterways program at 617-292-5655 if you have and questions. For more information please contact: Mr. DAVE KENNEDY at 978- 661-7600. Cc: Conservation Commission: Salem Conservation Commission, City Hall I Salem Green \ 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 A. General Information Important: When filling out 1. Applicant: forms on the Jermyn Really Trust,John E. Jermyn TR computer, use Name only the tab E-Mail Address key to move 146 Marlborough Road your cursor- Mailing Address - do not use the Salem MA 01970- return key. Cdyfrown State Zip Code 978 745-0116 Phone Number Fax Number(if applicable) 2. Representative (If any): Tinti,Quinn, Grover&Frey PC Firm Attorney Scott Grover Note: Contact Name _ E-Mail Address Before 222 Essex Street completing this Mailing Address form conskcal Salem MA 01970 your tical cdyrrown Conservation State Zip Code Commission 978 745-8065 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 Cityrrown State Zip Code 4. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) 5. Project Location: 12 Buena Vista Avenue Salem Street Address City/rovm Map 9, Portion of Parcel 93 Lot 57A Assessors Map/Plat Number Parcel/Lot Number 6. Registry of Deeds: Essex So. District 14580 308 County Book Page Certificate(if Registered Land) Massachusetts Department of Environmental Protection DEP File Number. lt— Bureau of Resource.Protection -Wetlands 7� 1WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Allem 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? 9000 - 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.fL) B. Project Description 1. General Project Description: Construction of single family dwelling,driveway, utilities grading and landscaping in the Buffer Zone. 2. Plan and/or Map References: Site Development Permit Plan April 10, 2002 Title Date located in Salem, MA Title Date a 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 Clem 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 OVetland (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 YardsNolume 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 C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: Linear Feet altered Square Feet aftered Land Subject to Coastal Stone 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): ❑ 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 k and 200 It. Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands (, WP/A Form 3 - Notice of Intent Provided by DEP Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 TOM 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 wettand indicator plants ❑ Saturatedfrnundated 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 Atlas Date of 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.G. 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 Sa Ilem 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 R No 4. a. Describe 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.Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stomrwater Policy? ® Yes If yes, explain why the project is exempt:: Development of Single Lot ❑ No If no,stormwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit it 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 Town ,E. Additional Information Applicants must include the following with this Notice of Intent(NOI): 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 confine fee payment: azo. 43'11 At4"ef i� ?'(v-7- Check NN7um/ er Check d to .-/- �Jl.'��f Payor name on check Applicant nbrne(if different Iforn 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). 1 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. r/1i1 e'/yllf�) l ra4&,0-, �- zJ -1) :2— Signature nYSignature of Applid ant Date Signature of Pro Owner(if diffe ) Date ��orRilpre6entative(it any) - Date 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 a 131, §40 SALEM Town G. Signatures and Submittal Requirements (cont) 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 Appendix B; and the dtyAown fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DFP: Two copies of the completed Notice of Intent(Forth 3),including supporting plans and documents;two copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must bft sent to the DEP Regional Office(see Appendix A) by certified mail or hand delivery. Other. If the applicant has checked the yes'box in any part of Section C. hem 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. sonny P. eaa P..onoo 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 forts on the 1. Applicant: computer, use only the tab Jermyn Realty Trust,John E. Jermyn Tr key to move Name your cursor- 146 Marlborough Road do not use the Mailing Address return key. Salem MA 01970 cityfrown State Zip Code 978 745-0116 Phone Number 2. Property Owner(if different): Same Name Mailing Address Cdyfrown state Zip Code Phone Number 3. Project Location: t2 Buena Vista Avenue Salem Street Address Cityfrown 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 0 of this forth. ❑ single family house project X$1.00= (feet of BVW) Total fee(not to exceed$100) ❑ all other projects X $1.00= (feet of BVIN) Total fee(not to exceed$1,000) - State share of filling fee: (12 of total fee less$12.50) Cdy/Town share of filling fee: (12 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 I/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 RiverfroM 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 5/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 Cat. 2a, Single Family House 1 $250.00 $250.00 Step 5/Total Project Fee:$250.00 Step 6/Fee Payments: Total Project Fee:$250.00 (notal fee from Step 5) State share of filing fee:$112.50 (12 total fee less$12.50) City/Town share of filling fee:$137.50 (12 toU fee pus$12.50) R. RIMMER 3. 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 properly 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 wetland resources were delineated on April 1, 2002 with a numbered sequence of flags(AI-A 10)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 Description The site consists of an intermittent stream and associated wetland that flows northeast between two steep slopes. The wetland 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 river&ont 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 mulfi lora)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,reguhued 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-, FAC W, FACW+, or OBL;or plants with physiological or morphological adaptations. If any plants are identified as wetland indicator plants due to physiological or morphological ada tations,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 the 8VW boundary,.submit this form with rhe Request for Determination of Applicability or Notice of Intent MADEP;3195 DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Form Applicant: Eastern Land Survey Prepared by: REC Project location:Salem. MA DEP File 4: 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: UDI. 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, FAC W+, 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 Bequest for Determination ofApplicabiBry or Notice of Intent MADEP;3/93 }tp`hd°c HAft7308 � • r F' " r 1 'r a y '$ 4 . 7°�n r, n Buxton" [ �I•.,. C 1' I' reenla n a • ' s• • i '( [ r dMei' `\ 14111 diM 7 liA,t kAmwR ..r RA t . etehy 'f`r• a 1 • 'f ai I iy M f1 a a, 4 . • I.f11 , e7Cr "s ))yr II FTirl L ,. yR: +. 4Pr,� ,• A,^ C/ ° rr�.9 �� 1 �•, r 1 1 TR NTS � 1e rl so, °I�9" .` 'lli.' .�� I�T."`� .. eri n I�. i i° 6 *u y rfi {j,'':�TS�'•q •rt y� r.y 1110 A ar °j0o \ ! � �s r .: f! . 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I a ■ 1 1 + ( ,<r \ u09 / W Derby `7e�dhflm� orne} 1 ^.� � ' ,L. � 1. /"`� �I�i � �'v � .�l `,� I :1" :R irc.::fra:;� when / .i's* \S\te I Ylave ou dits14., p�s�Yt+arxr' Ii '• �' h it I .,.ou O 40� !\ . nnl II 1 Itila�tlnm '� "J" l PQy' . 1 41 33ro 11 Sel�l� 4�. 1 75u rnl I� '/ aWAIPr �51i� 1� a - �.I 1 � cA, R 5 Sy 1 �/ 1 ank 11111�q ! } .:� P T: (�' 1 I y ; ; ��'- > .plong Pt Q' /I '1 , ,' SSr`Iyd 1El,�a, ILI , `, /A \I LIILSUbsfe--, 3hlii Planar99and !r Sdrnr lls 1 �� r 2yl r J{4u1, / "..x. �1 ° 1 ,. ;, 813odv { ✓ \ Po7rd / ,�o. f rla. ` s ..� yrt�•-rtl yJ F Q( w.N oolK1a -+ Co Svbsta r ,f 47oifll • r 6,. r r y, C� 1 1rACH Imer ° L�1 I a,' t _. _._.. ._ ..___._1109 'ny 'sc G•o?G'E �'9-i / r I •/ �fil` JrT Fes '. fi J,�F 9 . jLnu 4< I sr, i` v� ( Q•' 5. r.� �'11Iy�ydr (' I _-,r. 4 1 HIG I.. `^' 219 rpea bodr C)11� I r id �? Soa. -. {, 1�'. -t1.,^' t uForeel Rvet 1� clNor.v / )Reservoir; j , � '(vIiu " E ,yf.,+G erh 'k��lickerl�8 W xA I I al 1 ar ' " �..!� ..-f ! ..;Rt RO l v 1t W O. ! .-0 •'sl 1 .. • ,�r st Aly xll '. 4 8TA 8° W��• r �` II � .i I�.^ \- :. � Sely6 r �L� zs �u . .� � � A �.fb' :v srr oR ! '; A 1 I• 1 oli Course 1 /).,r A a• e/ • J pia 't� ;Iry.s'g 1 266 Aa• , HLA ��\RKI ,zS t ..l •� nd "% V d ... 1'O) N —P�j�� r - /r fit?y '•ti _Tr _ YOTId �/ �_ "C T'{'1 5-:,_• 1 v �..G °�� '` � ' • -' l c,,, SbQ' r l ;,, �Rq Tr .,d:.. �4C (L VNN) X41 Lvn;,v , +n 55' 343 144 • x on-Reo ooe seri• u.ox ..°:.a_:o, d2°017• nPaA ry vw ?4;' ^E 70652' 00" SCALE 1:25 000 ROAD CLASSIFICATION � '4q �� 0 —'— --� MILT. Primary highway, Light-duty road. hard or 0 0 1000 2(700 1000 4000 5000 6000 7000 FEET improved hard surface P oved surface 1 n o Inn gMtTfn Secondary highway, � .---' 1 1 hard surface _ _ . _ Unimproved rued CONTOUR INTERVAL lU FEET NATIONAL GEODETIC VERTICAL DATUM OF 1929 Interstate Route U. S. Route ''StAte Route DEPTH CURVES AND SOUNDINGS IN FEET—DATUM IS MEAN LOW WATER MASS (. TM[ R[t ATInNSHIP FFTWEEN UIr IWO )AT11M5 IS V1RVA!,1 -------- �. Deed I,John Jermyn,Trustee of Jermyn Realty Trust under a Declaration of Trust dated August 25, 1982 and recorded with Essex South District Registry of Deeds at Book 7199,Page 102 of 146 Marlborough Road,Salem,Massachusetts 01970 in consideration of Ninety Thousand and 00/100 Dollars($90,000.00) grant to Julianna Tache',Trustee of J G&G Realty Trust under a Declaration of Trust dated August 28,2002 and recorded with Essex South District Registry of Deeds at Book 19142,Page 529 of 208 Derby Street,Salem,Essex County,Massachusetts with QUITCLAIM COVENANTS The land in Salem, Essex County,Massachusetts,shown as Lot 57A on a plan entitled "Subdivision Plan of Land Located in Salem,Mass. Prepared by Eastern Land Survey Associates, Inc., Christopher R. Mello, P.L.S., 104 Lowell St., Peabody, MA 01960,978-531-8121,Scale: 1" =20',dated April 9,2002, Prepared for Jermyn Realty Trust",and recorded with Essex South District Registry of Deeds herewith. Said Lot 57A contains approximately 15,036 square feet, more or less,according to said plan. Subject to an Order of Conditions from the City of Salem Conservation Commission dated September 26, 2002,and recorded with said Registry of Deeds herewith. Reference is made to said Order for a Special Condition relating to a no-cut/no-fill/no-build zone shown on a plan dated September 19,2002,and tiled with the said Conservation Commission. Being a portion of the premises conveyed to the Grantors by Deed dated August 25, 1982, and recorded with said Registry g stry of Deeds at Book 7199,Page 191. Executed as a sealed instrument this 23rd day of October,2002. Jo Jermyn,Tp/ tee J nyn Real rust Commonwealth of Massachusetts Essex,ss: On this 23rd day of October,2002, before me personally appeared John Jermyn,Trustee of Jer yn Realty Trust,to me known to be the person(s)described in and who executed thAP d acknuw' Zed that he/she/they executed the same as his/her/their free act and deed. My Commission Expires: March 27,2007 RETURN TO �#-t ® 82, ©1986-2002 Standard Solutions,Inc 781-324-0550 __ -. -- OVG ?`K ✓E. 4a GENERAL NOTES bf° ✓ S? 1) THIS PLAN IS THE RESULT OF AN ON THE GROUND FIELD Q A All AV 1 ' J SURVEY AND PUBLIC AND PRIVATE PLANS focus 2) U7TLI7TES SHOWN ARE BASED UPON FIELD SURVEY AND gvEUA✓sia RECORD PLANS AND ARE NOT NECESSARILY INDICA 77VE OF UNDERGROUND CONDITIONS AYE _ 3) THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING AND c1R"Fy' n ` MICHAEL & RCSA j / / — — _ _ J 100 DETERMINING THE LOCA77ON, SIZE AND ELEVA77ON OF ALL (ZocK� MANSI / / —� �� EXIS77NG U77LI77ES, SHOr4V OR NOT SHOWN ON THESE PLANS, PRIOR TO ANY CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED LOCUS MAP IN WRI77NG OF ANY U77LI77ES FOUND INTERFERING WITH THE PROPOSED CONSTRUCTION AND APPROPRIATE REMEDIAL ACT70N `x`tt I in° / / // , BEFORE PROCEEDING WITH THE WORK. 4) THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS \ I\ �" AND THE RESULTS OF A FIELD SURVEY / DATE. NO CER77FICA77ON IS INTENDED ASTO PROPERTY TITLE \ \ \ \ OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED EASEMENTS \ \ i \\ \ \LOT 574\ N 47.24.37• Y! \� 6 + S� . RESOURCE AREA 183.00 —� ��JERMYN REALTY TRUST \ - \N� c \o Q \ \ f� ��9�T--- ` A LOT 57B JOHN, III & / RACHEL BERRY \ \ \ \ �✓`—�a11�— a NO FILL PROPOSED os, �\ -_ \ 9r3 _ SILT BARRIER N 93 /Cp+ / I� Bf/ NO. 20 1 T I 1 s o ` /�9 I °ECl{ o \\ \\ $cv to ro /07 _ \ 10 m DWC4L SED \ \ h t WC 4L SM,y C � To \ \ / o Q S \ SAAB JOs ISCTRA I lR cv D9 \ 9� \�� 90 Rood /°y.� I \ 6.4 CELLgR _ ��2, ro ,, �/ \ 98 400 S PROPOSED VICE S 93 9 , /08 SEWER SER S 4 _ , � 0 o,� \ X22 � \ ✓06 W, SA4N SFS Wpi E-R � LINE OF 7 �� 100 FT. BUFFER �� Dl.y6 �p2 G pGgy l \3 og9 100.39 � T .0, \ \ 1 ` NO71 //o wSI, - _ S \ °y' \ —'°� 1. ZONING DISTRICT R1 RESIDEN77AL P — 2. ASSESSORS MAP 9 PARCEL 93 � J. RECORD OWNER: JERA/MYN REALTY TRUST\Fs ss4. DEED REFERENCE. BOOK 14580 PAGE 308 DETAIL N°. 5. PLAN REFERENCE. BOOK 7199 PAGE 111 �� rr EROSION CONTROL SILT FENCE (rEx,srrp,CADW'-L)FANG 2"x2"x4'-6" WOODEN POSTS AT 8' O.C. (MAX) k MIRAFl No. 100 SEDIMENT NO, CONTROL FABRIC HAY BALES ✓2.6 \'o� /06 LOCUS IS SHOWN AS LOT 57A ON PLAN BY EASTERN LAND FLOW DIRECTION ,, %� o Y FORc SURVEY ASSOCS DATED APRIL 9, 2002. SEWER AND WATER SERVICES SHALL BE 9 FS EXISTING GROUND INSTALLED IN ACCORDANCE WITH THE SFR REQUIREMENTS OF THE CITY OF SALEM PUBLIC WORKS DEPARTMENT. IIII = IIII Cc � ►Iillill IIIIIIII UNDISTURBED SU6GRADE SITE DEVELOPMENT PERMIT PLAN LOCATED IN LEGEND SALEM , MASS . o TMH EXISTING TELEPHONE MANHOLE 100 PROPOSED CONTOUR PREPARED BY o SMH EXISTING SEWER MANHOLE 100x0 PROPOSED SPOT GRADE EASTERN LAND SURVEY ASSOCIATES, INC. o DMH EXISTING DRAIN MANHOLE ® EXISTING CATCH BASIN CHRISTOPHER R. MELLO, PLS rya EXISTING HYDRANT EXISTING WATER GATE 104 LOWELL ST. PEABODY, MA. 01960 r `Sr— 100 — EXISTING CONTOUR (978) 531-8121 100.00 EXISTING SPOT GRADE m 01� SCALE: 1 " = 20' APRIL 10, 2002 -o- UTILITY POLE v ro.alsv o r LIGHT ON POST FFG/STf REV SEPT. 19 2002 o- REV. JAN. 27 2003 o HH HANDHOLE ' -� RETAINING WALL s« l'y 000000000 STONE WALL A CURB PHOTO REPRODUCTION OF THE ABOVE SEAL IS —x — x — FENCE INDICATIVE OF UNAUTHORIZED REPRODUCTION OF THIS PLAN AND IS TO BE CONSIDERED A RESOURCE AREA BOUNDARY COPYRIGHT INFRINGEMENT AND/OR FRAUD. A10 RESOURCE AREA BOUNDARY FLAG ENFORCEMENT AUTHORITY SHALL NOT ACCEPT 0 10 20 40 60 BD A123 PHOTO REPRODUCTION FOR ANY PURPOSE. F 12526 s a GENERAL NOTES (fin 1) THIS PLAN IS THE RESULT OF AN ON THE GROUND FIELD SURVEY AND PUBLIC AND PRIVATE PLANS wfua Af ra Locus 2) U77LI77ES SHOWN.ARE BASED UPON FIELD SURVEY AND RECORD PLANS AND ARE NOT NECESSARILY INDICA 77VE OF qUNDERGROUND CONDITIONS. rQj / — - — 3) THE CONTRACTOR SHALL BE RESPONSIBLE FOR VER/FrNG AND "� MICHAEL & ROSA / /�/ — — — — X 100 DETERMINING THE LOCATION, SIZE AND ELEVA77ON OF ALL - (Z°GK \ _� _, EXIS77NC UTILITIES, SHOWN OR NOT SHOWN ON 77qESF_ PLANS, / r PRIOR TO ANY CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED / — — — 90 IN WR177NG OF ANY U77LI77ES FOUND INTERFERING W177I 77IE LOCUS MAP \ � — — l ( / — PROPOSED CONSTRUCTION AND APPROPRIATE REMEDIAL AC77ON BEFORE PROCEEDING WITH THE WORK. \ ,°L / ` 4) THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE. NO CER77FICA77ON IS INTENDED AS TO PROPERTY 777LE OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED EASEMENTS \ \LOT 57A N 47'24'37' yy -� r 036 ± S� . RESOURCE AREA 183.p0 JERMYN REALTY TRUST \ �o A ��p to\ �/� u-� � JOHN, N & \ Y N� car \\ 1� n9 P�Q) 1Jv OP 90 LOT 57B RACHEL BERRY \ \ \ o� NO—E I LL PROPOSED to \ los \ \ 9'-b � —_ SILT BARRIER o X \ 26 _\��\\ �10-SUI LD �z /Cos 100' ion NO. 20 t TI � 1 S.O l �` J 2q• 2 o OECK ` \\ \ \ 8 , 9y 'GARAGE Cq cv R 1 l0� 11 ' �l \ l o ` N SLABA�e D�POSEO /� \ � \ 6 r NG \ 9 z•wgEVER Sol To \ � / �`�o�Qy°s � � IST PLR. ER � U90 Rood ,�9\ \ _� `W 64 CFCLAR 103 N �� /06 96 . \ \ S PROPOSED S I 93.94 X08 ' - / 9 \�\ \ i°y SEWER SERVICE i o� \� \ W SPS 10( WP1ER SORw` 2? 'E l luyZ� \ \ LINE OF i l� 100 FT. BUFFER 02 _ / � / ' 39 -001 A 17 r / T� 4' 1. ZONING DISTRICT R1 RESIDENTIAL 2. ASSESSORS MAP 9 PARCEL 93 J. RM)W REALTY TRUST 4. DEED RREFERENCE.•D OMER. JEBOOK 14580 PAGE 308 No „ I_ i — F 5. PLAN REFERENCE. BOOK 7199 PAGE 111 DETAIL ExIST,NG EROSION CONTROL SILT FENCEL�IN6 �ryPlCAD E 2'x2'x4'-6' WOODEN POSTS AT 8' O.C. (MAX) \ \ \ \lo 6 MIRAFl No. 100 SEDIMENT Na CONTROL FABRIC � /$ \ HAY BALES LOCUS IS SHOWN AS LOT 57A ON PLAN BY EASTERN LAND FLOW DIRECTION ,, %� o Y J �°9c SURVEY ASSOCS. DATED APRIL 9, 2002. � SEWER AND WATER SERVICES SHALL BE 9 FSF EXISTING GROUND INSTALLED IN ACCORDANCE WITH THE t? REQUIREMENTS OF THE CITY OF SALEM PUBLIC WORKS DEPARTMENT. = 1111 - 1111 �� IIIIIIII III11111 UNDIST"RBE° sueGRADE SITE DEVELOPMENT PERMIT PLAN LOCATED IN LEGEND SALEM , MASS . o TMH EXISTING TELEPHONE MANHOLE 100 PROPOSED CONTOUR PREPARED BY o SMH EXISTING SEWER MANHOLE 100x0 PROPOSED SPOT GRADE EASTERN LAND SURVEY ASSOCIATES, INC. o DMH EXISTING DRAIN MANHOLE ® EXISTING CATCH BASIN CHRISTOPHER R. MELLO, PLS oqa EXISTING HYDRANT � c j4 EXISTING WATER GATE Jr+els Irl P W 104 LOWELL ST. PEABODY, MA. 01960 100 — EXISTING CONTOUR r 100.00 EXISTING SPOT GRADE (978) 531-8121 -0- UTILITY POLE SCALE: 1 " = 20' APRIL 10, 2002 -0- LIGHT ON POST REV. SEPT. 19, 2002 o HH HANDHOLE RETAINING WALL 000000000 STONE WALL s CURB PHOTO REPRODUCTION OF THE ABOVE SEAL IS INDICATIVE OF UNAUTHORIZED REPRODUCTION —x — x — FENCE RESOURCE AREA BOUNDARY OF THIS PLAN AND IS TO BE CONSIDERED A COPYRIGHT INFRINGEMENT AND/OR FRAUD. A10 RESOURCE AREA BOUNDARY FLAG ENFORCEMENT AUTHORITY SHALL NOT ACCEPT 0 10 20 40 60 80 PHOTO REPRODUCTION FOR ANY PURPOSE. F 12526 i