64-203 - CLARK AVENUE - CONSERVATION COMMISSION L
Clark Ave:--Paul Claveau--64 w 203-JL.
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310 CMR 10.99
Form 8 64=203
DEP File No.
4 - 'To De Drovinec Dy DEP)
Commonwealth cnylown Salem
`- of Massachusetts Paul C2aveau
ADDllcani
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
Sakem Consenvati.on Commi," ion
From Issuing Authority
PaLLe C2aveau
To C2aAk Avenue Aehesaou Map 3 Lot 116
(Name( (Address)
OctobeA 8, 1992
Date of Issuance
This Certificate is issued for work regulated by an Order of Conditions issued Sq PauX C2aveau
4/23/92 S mi,5.6 .on
dated and issued by the
1 . �x It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. = It is hereby certified that only the following portions of the work reeulated by the above-refer-
enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance
does not include the entire project, specify what portions are included.)
3. _ It is hereby certified that the work regulated by the above-referenced Order of Conditions was.
never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future,
work subject to regulation unoer the Act may be commenced without filing a new Notice of Intent
and receiving a new Order of Conditions.
........................................................................................................................................................... . .
. . ........................
(Leave Soace Blank)
8.1
Effective 11/10/89
4. * This certificate shall be recorded in the Registry of Deeds or the Land Court for the district 1n
which the land is loc ed. The Order was originally recorded 1 1 7/2 /92 (date)
at the Registryof ttet Book I . Page
g, �:x The following conditions of the Order snail continue: (Setforth any conditions contained in the
Final Order. such as maintenance or monitoring, which are to continue for a longer period.)
The OwneA shaU be nersponzibte Uon maintaining ,the tip nap at .the out (Row pipe. Ig
any eu6ion iz caused by the wate)t UCow.Lng out o6 th.i6 pipe, .the owneA w U nemove .the
6 Ztation 4ew 4nom .the weteand cucea and wiU .in6.taU su(j jicient ^'t.ip nap .to penvent
6w.then eus on.
SaAm Cou.6ehvatcon Commdl.,6.ion
Issued by
Sicnatureisl
When Issued by the Conservation Commision this Certificate must be signed b_y2
ha majority of is members.
On this Tin to n n day of or tr F,nn 19 9 , before me
personally appeared The above mentioned , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that hetsne executed
the same as his,her free act and deed.
Notary Public My commission expires
Detach on dotted line and submit to the SaXem Coni ehyation Comm,i S S ion
..................................................................................................................................................................................................................
Sakem CGn6 Lvat on Comm"6kon
To issuing Authonry
Please oeadvised trial the Certificate ofComolwcefor meprotectat. C a)tk Avenue Loi 116 May 3
64-203
File Numoer nas been recorded at the Regis"of
and has teen no!ec'.n me cnam of wle o!:re alfeCec brc Cei^ on ^
n rP=r ec enc.!-e ns:rumenl rumoersr:c-:aen!llles:-:s:ransac:ion s
!!rec:s!eree lane.ne cecument numoer•,,r,cn eennfies!n:s sanwc:fon t
' Sgnatore
Aool,cam
3-2
' O'Neill & Associates • Civil Engineering
Civil Engineers and Land Surveyors . Roads, Sewers, Grading and Utilities
365 Chatham Street • Septic System Designs
Lynn, MA 01902
(617) 592-4660 • Site Engineering
• Surveying
October 8, 1992
Salem Conservation Commission
1 Salem Green
Salem, Ma. 01970
Re: DEP File No. 64-203
Clark Avenue, Salem Ma.
Assessor ' s Map 3,Lot 116
Dear Members ,
Please be advised that the proposed remedial work
to correct an erosion problem at the referenced location has
been completed all in accordance with the requirements of the
Order of Conditions and the Notice of Intent Plan prepared for
Paul Claveau, dated March 19, 1992 .
On behalf of Paul Claveau I am requesting that a
Certificate of Compliance be issued for the project.
If you have any questions please do not hesitate
to call me.
Very truly yr
� + Micha G.O' Nei 1J_1P. E.
310 CMF 99
310 CAIN: IILPItI
A 'M1:N1' 01 t:N\IRONh1EN'I'Al. PIU11'GCIA)N
X0.
Form 5 DEP Fib No. W� -Za3 -
_�(` .. (Tc w oroymno by DEP)
l� Gry,Town Salem
` =??,_- Commonwealth
of Massachusetts Applicant Paul Claveau
07/02/92 11:16 Inst 268
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
From Salem
Paul C1nVQA
To P
(Name of Applicant) (Name of property owner)
Address
20 Highland Avenue Address20 8ighland Avenue Salem, 14A 01970 Salem, MA 01970
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on
(date)
:1 by certified mail, return receipt requested on
(date)
This project is located at Clark Avenue Acces pX. M ;L ' * 1 1 ti
The property is recorded at the Registry of 50"
Book q U� Page 155
Certificate(if registered)
The Notice of Intent for this project was filed on
April 10 1992 (date)
The public hearing was closed on April 23 1992 (date)
Findings
has reviewed the above-referenced Notice of
The '
Intent and plans and has held a public hearing on the project. Based on the information available to the
Commission at this time.the Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
❑ Pubiic water supply Cl Flood control C3 Land containing shellfish
❑ Private water supply ® Storm damage prevention ❑ Fisheries
❑ Ground water supply ❑ Prevention of pollution Q Protection of wildlife habitat
Total Fling Fee Submitted 25n no State Share 1 1 sn —
City/Town Share 1?7 sn ('h_ fee in excess of S25)
Total Refund Due S City(rown Portion $ Slate Portion S
(th total) ('/z total)
11/10/89 310 CMR - 280.41
�..3 : i $ til
310 (:SIR: DEPARTMENT OP GNVIHUNAIGN'I'AI. PRU'fli( [k qN �j � $ &i
Theretore, the Commi ssi nn hereby finds that the following conditions are
Aecessary,in accordance with the Pertorrnance Standards set forth in the regulations, to protect those inter-
ests checked above. The Commission orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent. the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein.and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal,state or local statutes,ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act;or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order 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, containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks,plaster,wire,lath,paper,cardboard, pipe, tires, ashes,
refrigerators,motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done.In the case of registered land. the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which _
the proposed work is to be done.The recording information shall be submitted to the
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, 'Massachusetts Department of Environmental Protection,
File Number
10. Where the Department of Environmental Protection is requested to make a determination and to issue
a Superseding Order, the Conservation Commission shall be a parry to all agency proceedings and
hearings before the Department.
11. Upon completion of ; :e work described herein,the applicant shall forthwith�apuest in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
11/10/89 310 CMR - 280.42
> JIOCNIR: UEPARTMEN'1'0I' ENVIRUNKILNI'AI. PR(3l Lt.1'IUN vCIV A; 1 4-��
i^J i L 4 t.J d ��
10.99: continued
Plans
Title Dated Stoned and Stamped by: On File with
Notice of Intent
Plan prepared for March 19, 1992 Michael G. O'Neill The Salem Conservation
Faul Giaveau Reid Land Surveyors Commission
365 Chatham St.
hyUH, MA
Special Conditions(Use additional paper if necessary)
SEE ATTACHED SHEET
...
(Leave Soace Btanel
11/10/89 310 CMR - 280.43
3 W LhIK: IILPAKThIUN 1'UP ENVIRUNhILN'1'AL PILUl bu*i'Il3 P'•3 ' • .1 B� r
rF a ria- 1 a r eZ
Issued By The Salem Conservation Commission
Sign turelsl
This Order must be signed by a majority of the Conservation Commission.
On this day of !tQ / 2 r 19 9 a before me
personally appeared Q+-ad-✓¢ , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
Notary Public My commission expires = r
The apparent,rite owns[any person aggrieved by this Order,any owner of land abumng the land upon which the proposal work is to be
dons,or any ten resxlems of the Cay or town m wh1Ch such land is located,are hereby notified of thea right to request tne'pepartmardol.
Environmental Protection to isaua a Superseding Order.providing the request is made by cenaied mail or hand tletiveiy;roihe Department,
with rite appropriate filing lee and Fee Transmittal Form as provided in 310 CMR 10.03(7),within len days from me date of issuance atthis
Determination.A copy of the request Snell at the same time be sant by Candied mail or hand aeuvery w the Conservation Commission
and me applicant.
Detach on dotted line and submit to the prior to commencement of work.
To Issuing Aulnonty
Please be advised that the Order of Conditions for the protect at
F-le Number has been recorded aline Registry of and
has been noted in me chain of tide of the affected properly in accordance with General Condition 8 w_. 19_
it recorded land. the instrument numoer which identities mis transaction is
It registered lana.the document numoer which identifies this transaction is
Signature
Aopi¢am
11/10/89 310 CMR - 280.45
BK 117?1 �� 11?
SPECIAL CONDITIONS
1 . All work shall conform to the above-referenced Notice of
Intent, site plan and supporting documents and those final
specifications, which shall be filed with the Commission prior
to construction. Any change made or intended to be made to
the approved plans shall require the applicant to inquire of
the Commission in writing whether the change is substantial
enough to require the filing of a new Notice of Intent .
2 . This Order shall apply to every successor in control or
successor in interest of the property described in the Notice
of Intent and accompanying plan thereof. In the event this
land or any part thereof changes ownership before or during
construction, the current owner shall notify the new owner by
registered mail, of this Order prior to the transfer of
ownership and shall forward proof of this notification to the
Commission.
3 . Notice shall be given to this Commission no more than 2 weeks
nor less than 2 days prior to the commencement of construction
activities. Said notice shall include, in writing, the
name( s) , address(es) , and business and home telephone numbers
of the project supervisor (s) responsible for insuring that
operations are conducted in compliance with this Order.
4. Members and agents of the Commission shall have the right to
enter and inspect the premises at all reasonable times to
evaluate compliance with the conditions in this Order . The
Commission may require the applicant to submit additional data
or information necessary for the Commission to conduct that
evaluation.
5. Prior to commencement of construction activity, a haybale
barrier or siltation fence shall be placed downgradient of
construction to prevent siltation of the adjacent wetland.
Haybales or siltation fence shall be properly anchored a
minimum of six inches below grade. If haybales are used
trench material shall be deposited upgrade. Haybales shall be
inspected daily: those showing signs of deterioration shall be
replaced immediately.
6 . Siltation fence or haybales shall be properly maintained and
kept in working order until all area upslope of the fence has
established a permanent vegetative ground cover . In the event
of siltation fence failure, the fence shall be repaired with
in twenty-four hours, the Commission shall be notified and any
siltation in the wetland shall be removed to the satisfaction
of the Commission.
Bay 11 71 1 PG 118
7 . A plan for landscaping, which shall include a vegetative
groundcover and geotextile matt on all two to one slopes, and
maintenance of vegetation, for the buffer zone shall be
developed and submitted for the Commission ' s approval prior to
the commencement of work .
8 . Fertilizers used for landscaping and lawn care shall contain
a low nitrogen content and be used in moderation. Pesticides
and herbicides shall not be used within 100 feet of the
resource area.
9 . The following condition is ongoing and does not expire upon
completion of the project or issuance of a Certificate of
Compliance:
The owner shall be responsible for maintaining the rip rap at
the out flow pipe. If any erosion is caused by the water
flowing out of this pipe, the owner will remove the siltation
from the wetland area and will install suffient rip rap to
prevent further erosion.
10 . Upon completion of the project , the applicant shall submit,
with the request for a Certificate of Compliance, an
affidavit, prepared by a professional engineer or land
surveyor duly registered in the Commonwealth of Massachusetts,
stating that the site has been developed in accordance with
the requirements of this Order of Conditions, the referenced
site plan and supporting documents.
SC( �/✓L < /lil/� D/c/ 70
y,
=� Yz Conservatim C®mmassim
"
Salo-in. Massachusetts 01970
f!:l!.Issnct`c
February 6 , 1991
Mr . Paul Claveau
20 Highland Avenue
Salem, MA 01970
Dear Mr . Claveau :
The Salem Conservation Commission is informing you that illegal
fill has been dumped on a property we believe you own. The origin of
the fill is Deer Island. We believe the fill is not contaminated;
however, it is high in clay and silt particles . This makes it
unstable when wet and unsuitable for housing construction, unless
specially compacted.
The Conservation Commission is required by the state to enforce
the Wetlands Protection Act . Under this act anyone altering land
within 100 feet of a wetland is required to file either a
Determination of Applicability or a Notice of Intent to determine if
the proposed action will adversley effect the wetland. The Commission
decides weather the project will effect the wetland and may set
conditions to minimize impacts .
This application should be made prior to any activity in the
wetland or 100 ' buffer zone . Since the filling has already been done
we suggest that you make every attempt to get the application in .
Stabilizing the fill will help to prevent further damage to the
wetland. This can be done by installing staked haybales , siltation
fabric fence or planting a temporary vegetative cover . If you have
any questions please feel free to call Juli Riemenschneider, assistant
to the Conservation Commission, at 745-9595 ext . 311 . Thank you for
your cooperation .
Sincerely,
ichard Femino
Vice Chairman
D916
SERAFINI, SERAFINI AND DARLING
ATTORNEYS AT LAW
63 FEDERAL STREET
SALEM, MASSACHUSETTS 01970
TELEPHONE
JOHN R. SERAFINI, SR.
508744.0212
JOHN R. SERAFINI,JR.
617-561-2743
JOHN E. DARLING
ELLEN M.WINKLER TELECOPIER
JOSEPH C. CORRENTI April 10, 1992 508-741-4663
Ms. Julie Riemenschneider
Conservation Commission
City of Salem
One Salem Green
Salem, Massachusetts 01970
Re: Clark Avenue
Lot 116, Assessor's 3
Dear Julie:
Enclosed please find the following for filing on behalf of
Paul Claveau who seeks an Order of Conditions from the Conservation
Commission under Massachusetts General Laws Chapter 131, Section
40, as well as a permit from the City of Salem under Local
Ordinance 34-4 .
1. Two (2) copies of the Notice of Intent and attachments
thereto;
2 . Two (2) copies of the Notice of Intent fee transmittal
form; and
3 . Check in the amount of $137 .50 to cover filing fee for
same.
Kindly arrange for the requiring notice to abutters and
advertisement to be made five (5) days prior to your next scheduled
hearing. Please advise if you require any additional information.
Thank you.
Very truly yours,
Ellen M. Winkler
EMW/kel
Enclosures
``=�' � ✓ l� Cli�'�� i-�'���fli/ro�/-f7 /} #- // I'nn�ri.� „n ^�/n
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io c-kMune•-cue' �I'„�, y0 7 1z
D"lowl S. Gn.r_ia,.nun
CUmrnn,ioner ���i� lr
(617) 935-2160
-: NOTIFICATION OF FILE NUMBER : none DATE:
WETLANDS/ .____
(cl .yJtOwn)
his Department is in receipt of the fol.l:owinq application filed in accordance
ith the Wetlands Protection Act (M. G . L. Chapter .L31, Section 4U) :
?PI.iCA11T: Mr. Paul Claveau OVINER OF LAND: SAME
20 Highland Avenue ioDD!:,r_3S _
— —
Salem, MA 01970
:OJECT LOCATION : Clark Avenue, Salem. MA/Lor #116 A a c Mnp 2 —
'his project has been assigned the following file '' :
Althcugh a file ' is being issued, the possible following deficir-__^cy ( ies)
in ti;e Filing have been noted:___ —
File _ will be assigned to this roject until. the following s,issing inforr,a-
_Jon 15 Sent to this OZfice to compete t1fl filing in accorclance witn the AcL:
( jlotice of -Tnten`.. Locus MaiD ( ) Pla]]5
( ; Title 5 Plan 3Appendix A Documentation
CO1•IISENT$': No File #-Must Submit Fee Calculation worksheet. s Prifying fee catogn-y-
(See #7 (e) . . .
)- ;:.nplication has been forwarded to the waterways Licensing Program to deter-
mine if a 'Chapter 91 License is required.
( ) Applicant isadvised to forward. a copy of the Notice of Inte;lt to the Army
Corps of Enqineers for Sec. 404 review (Call 1-600-3G2-4367 fo_- furzner
inf Ormation) .
( ) Preiect nay recuire a WaterQuCertificate. Apnli2:ant 7_s advised to
contac'c the D t• E Division of iCater� Pollution Control ( 1 Winter St. , Bcston,
MA, 02106 ;
_T)
MA, 292-5673) for forms and further information.
LSSUA14CE OF 'A F=ir iSUMBER INDICATES ONLY COMPLETENESS OF FILING SUBlilTTED, NOT
PPROVAL OF ' APPLICATION.
ec: ( Conservation Commission
'opies also sent to:
( ) DEQE DiAinion of water Pollution Control
{ ) L' . S ?irm•:' Corps of Ennineea_. , l:eculatory Lranch
Cit ' r_a' 7'rwr, Board cf pall^
i� C==1CB Ci Ccastcl Lone 1",aTIL:U21,11ent
OwneY:
' (_y,) REPRr:.SENTATZGE
SECLIOiI C:!ilC ..
1100 PcDcl
Commanweollh of h✓IOSSaohUSe11S -
Executive Office of Environmental Affairs
Department of
*' Environmental Protection
a' P✓elio Boston/NoMr)eost Regional Office
William F. Weld
Daniel S. Gcen baum
MAY 18 1992
5/12/92 �s
DATE: RE: NOTIFICATION OF FILt��N� ryNFl6u41.,)20,3-�
WETLANDS/ - Salem ''°-�
(city/town)
This Department is in receipt of the following application filed in
accordance with the Wetlands Protection Act (M.G. L'.^, Chapter 131 ,
Section 40) : -
APPLICANT: Mr. Paul Claveau OWNER OF LAND: same
ADDRESS : 20 Highland ve ADDRESS :
Salem, MA 01970
PROJECT LOCATION : Clark Ave. Lot 116
Although a file # is being issued, the possible following '
deficiency (ies) in the filing have been noted:
No File r will be assigned to this project untill the following
missing information is sent to this office to complete the filing
in accordance with the Act:
( ) Notice of Intent ( ) Locus Map ( ) Plans
( ) Title 5 Plan ( ) Appendix A Documentation
COMMF14TS :
( ) Application has been forwarded to the waterways Licensing
Program to determine if a Chapter 91 License is required .
( ) Applicant is advised to forward a copy of the Notice of intent
to the Army Corps of Enginee-rs for Sec. 404 review (Call 1-
800-362-4367 for further information)
( ) Project may require a Water quality Certificate. Applicant
is advised to contact the DEP Division of Water Pollution
Control (1 Winter St. , Boston, MA, 02108 ; Tel: (617) 292-5673)
for forms and further information.
ISSUANCE OF A FILE NUMBER INDICATES O]01=LY COMPLETENESS OF FILING
SUBMITTED, NOT APPROVAL OF APPLICATION .
cc : (Y,) Conservation Commission
Copies also sent to:
( ) DEP Division of Water Pollution Control
( ) U. S. Army Corps of Engineers, Regulatory Branch
( ) City or Town Board of Health
( ) Office of Coastal Zone Management
( Al Representative For the Commissioner
2.
Wetlands Section Chief -
10 Commerce Way • Woburn, Massochusells 01801 FAX (617) 935-6393 Telephone (617) 935-2100
y
{ Cmwrvation Commission
z
Salvin. Massachusetts 01970
July 15, 1992
Julie Armstrong
12 Clark Avenue
Salem, MA 01970
Paul. Claveau
10 Clark Avenue
Salem, MA 01970
RE: DRAINAGE AGREEMENT BETWEEN CLAVEAU AND ARMSTRONG
Dear Ms . Armstrong and Mr . Claveau :
After further consideration of the proposal of Paul Claveau
setforth in the plan entitled Notice of Intent Prepared For Paul
Claveau, dated March 19, 1992 and filed with the Salem Conservation
Commission for an Order of conditions and the proposal of Julie
Armstrong setforth in the plan entitled Notice of Intent Prepared
For Julie Armstrong, dated May 15, 1992 and filed with the Salem
Conservation Commission for an Order of Conditions, the Commission
requests that the agreement to install and maintain a drainage
system between the above parties be memorialized in writing and
recorded. In so doing , the potential for conflict over the
maintenance and rights of the drainage system between future owners
will be lessened thereby providing greater protection against
further destruction of the properties and bordering wetland.
The mutual agreement should be in recordable form stating that
both parties, Julie Armstrong, 12 Clark Avenue and Paul Claveau, 10
Clark Avenue, agree to install and maintain the drainage system, a
swale, roughly 102 ' across Julie Armstrongs ' property running
closely to the 138 contour line which connects into a 90 ' swale on
Paul Claveaus ' property into a flat top catch basin with a 30" base
section and a 24" riser section . A 12" high density polyethylene
pipe drainage systems into a 1.2" thick blanket of riprap and berm
at the pipe end, and cite the titles and dates of the documentation
filed with the Notice of Intent . The agreement should also include
that this agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of both parties . The
agreement should be filed in the Registry .of Deeds with a copy of
same provided to the Commission.
Your cooperation in this matter is very much appreciated.
Sincerely,
Richard F. Arms
Vice Chairman
EX\DH\DRAINAGE.AGREEMENT
, %k)N CQI,i
2� z Canservatim Commission
,,RS Salem. Massachusetts 01970
,It A1ASSWV5
Mr. Peter Caron, Director
Assessor's Office
Salem, MA 01970
April 14, 1991
Dear Mr. Caron,
Please provide the Conservation Commission with a certified
abutter's list for Paul Claveau's property, Map 3 Lot 116 . I would
like to send the notices out Thursday. If this a problem or if you
have any questions please call me at ext. 311 .
Thank you for your help.
Sincerely,
uli Riemenschneider
Conservation Administrator
jg/jr/ccal
z
CITY OF SALEM
- LERK OF THE WORKS
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INTER OFFICE MEMO
FROM W. J . Beaulieu , Clerk of Works DATE 16 January 1991
TO Geo . Whittie , City Engineer
SUBJECTCLark Ave . - Mr . Colnitts
This permit should not be allowed to Mr . Colnitts . He has already
installed 40 , 000 + Cu. Yds . of material on his orooerty at Clark
Avenue without even thinking of applying for permit . He is a
flagrant abbuser of the laws and regulations of this city .
NOTE : Good graded gravel should weigh from 1134 to 1221 pcf. The
+ aterial that he proposes to use has too much clay content and should
only be used with sandwich lavers of sand to achieve capillarity , also
per the GeoTech . Engineer this material should not be used in WET
of FREEZING conditions .
Please see the RED underlined description of material on page # 3
of the GeoTech Report .
IThanks
Vv
WILF ED J. BEAULIEU , CLERK OF THE Works
Ll' r'1i:4•r•>:':
ASSGCIATES,INC.
Geotechnicat Engineers September 10, 1990
J. M. Cashman, Inc.
77 Federal Avenue
Quincy, MA 02169
Attention: Mr. aruce ;Food
Reference: Deer Island; Hooton, Massachusetts
Evaluation of Glacial Till Soil Samples
Gentlemen:
In response to your recent request, samples of the on-site natural glacial
till from the Dear Inland project site were submitted for chemical analysis
as a check for the absence of common environmental contaminants so that the
glacial till soil could be disposed of off-site as unregulated soil in
accordance with current Massachusetts Department of Environmental Protection
and U.S. Environmental Protection Agency criteria.
In addition, we are also commenting on the suitability of the glacial till
for reuse as structural fill.
Selection of the specific chemical tests was oriented towards detecting a
broad range of common environmental contaminants including volatilo
organics, pesticides and PCB'z, 'heavy metals and petroleum hydrocarbons.
Results of these chemical analyses are enclosed herewith. Following is a
discussion of these test results.
A. Volatile Organic Chemical Analysis
A sample of the natural glacial till was analyzed for the presence of
volatile organics in accordance with EPA Method 8260 to provide an
indication of the presence of volatile halocarbons and volatile
aromatics.
Results indicated that the levels of volatile organics in the soil
were below their respective method detection limits.
Hence, it is considered that volatile organics do not have a present
impact or threat of impact on the glacial till soils at the site.
30 Norfolk Street
n n
J. M. Cashman, Int.
ASSOCIATES,INC.
September 10, 1990
Geotechnical Engineers Paye 2
B. Pesticides/PCBIs Chemical Analysis
A sample of the glacial till was also analyzed for the presence of
pesticides and PCBrs (EPA Method 6080) , Results indicated levels
below their respective method detection limits.
Hence, it is considered that pesticides and PC331s do not have a
present impact or threat of impact on the glacial till soils at the
site.
C. Heavy Metal Chemical Analysis
Levels of heavy metals (RCRA-8 Metals) in soil can be analyzed in two
Ways: first, by a simpler and lens. expensive nrecovereble metals"
teat referred to as Total Metals, and second, by the Toxicity Char-
acteristic Leaching Procedure (TCLII) . The RCRA-8 Mstala are arsenic,
barium, cadmium, chromium, lead, mercury, selenium and silver.
Recoverable levels approximate the total concentration in the soil
and, as such, include metals that may be found in soil grains, in
organic matter and as free metal.
The TCLP test measures the "leachability" of heavy metals from soil
and, thus, is more indicative of: the potential for release to the
environment.
Soil is considered a hazardous material under Massachusetts law if its
heavy metal concentration, as determined from the TCLP teat, exceeds
the maximum concentrations contained in the Federal Register Part II,
Environmental Protection Agency (EPA) 40 CFR Part 261 et al. Further,
Massachusetts law has no standard with regard to hazardous levels of
"recoverable" metals in soil.
The results of recoverable metals analyses indicate very low levels of
arsenic, barium, cadmium, chromium and lead in concentrations of 9.7
mg/kg, 31.1 mg/kg, 3.9 mg/kg, 19.4 mg/kg and 21.4 mg/kg, respectively.
These levels are typically near the low end of the reported range o£
concentrations found naturally in soils in the eastern United States.
Results are presented on Table 1.
The maximum non-hazardous TCLP concentra:ions for arsenic, barium,
cadmium, chromium and lead are 5.0 milligrams/liter (mg/L) , 100.0
mg/L, 1.0 mg/L, 5.0 mg/L, and 5.0 mq/L, respectively.
Mae
7
ASSOCIATES NC. S Cashman, Inc.
� September 10, 1990
Geotechnical Engineers Page 3
Given that soil samples are diluted by a factor of 20 in performing
TCLP Extraction , the corresponding maximum concentrations for the
above metals could onlybe approximately
0.5 mg/L, 1.5 mg/L, 0.2 mg/L,
1.0 mg/L and 1.0 mg/L, respectively, and hence well within the allow-
able limits. Therefore, it is our opinion that none of the above
metals are present in significantly soluble concentrations.
Hence, heavy metals are considered to not have a present impact or
threat of .impact on the Soils at, the project site.
D. Total Petroleum Hydrocarbons by Infra-Red Analysis
A sample of the natural glacial till was analyzed for the presence of
total petroleum hydrocarbon (TPH) concentrations by Infra-Red - (IR)
analysis to provide a general indication of the presence of petroleum
products in the natural glacial till soils at the site.
Results indicated a TPH concentration below the method detection limit
of 40 parts per million (ppm) ; hence, the natural soils are not con-
sidered to be impacted by the presence of petroleum product.
The current Department of Environmental Protection action for regulat-
ing off-site disposal of excavated soil contaminated with total
petroleum hydrocarbons is 100 ppm..
In conclusion, given that the levels ,of volatile organics, pesticides and
PCB's, and total petroleum hydrocarbons were all below their respective
method detection limits, and that the concentrations in which various heavy
metals were detected are normal background levels, it is our opinion that
excavated natural glacial till from the Deer Island site, as represented by
the samples tested, may be disposed of off-site as unregulated soil in.
accordance with current DEP and EPA criteria.
In regard to the potential re-use ,of the glacial till, it is an excellent
material for structural fill when placed and compacted under properly
controlled conditions. Generally, it is a well-graded gravel, sand
(about 35 to 40 percent fines) which is readily_eompae ed at�I na i
moisture content to 95 percent of its modified Proctor density (130 to 134
gcf)-however,—it�aTiould-De-yded on y ur ng y, non-fzeezina conds_tir,na
Further, compaction�li£ts is facilitated by a,v&,, lo_x percentace of
boulders.
I -
J. M. Cashman, Tnc.
ASSOGATES INC
September 10, 1990
Geotechnical Engineers page 4
We trust that the above is sufficient for your present requirements. Should
you have any questions Concerning the above, please contact us.
Very truly yours,
McPHAIL ASSOCIATES, INC.
Ambrose J. Donovan
7�
Robert E. McPhail, P.E.
Enclosure
2301
REM/ajd
310 CMR 10.99
Form 9 DEP File No. � p
a
(To oe prwiDed by DEP)
Cay Town Salem
,- Commonwealth
of Massachusetts Aooucant Paul Cla,'_cau
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Salem Conservation Commission Issuing Authority
To Paul Clai�eau
Dateoflssuance June 20, 1991
Property lotiparcelnumber. address Clark Avanne neap #2 T.nf- ill 1r
Extent and type of activity:
Illegal fill encroaching onto part of the wetland.
The Conservation Comm; craiow has determined that the activity described
above is in violation of the Wetlands Protection Act.G.L. c. 131, §40, and the Regulations promulgated pur-
suant thereto 310 CMR 10.00, because:
Z Said activity has beenns being conducted without a valid Order of Conditions.
Said activity has beenns being conducted in violation of an Order of Conditions issued to
dated
File number . Condition number(s)
Otherfspecify)
The Conservation Commission hereby orders the following:
The property owner. his agents. permittees and all others shall immediately cease and desist from further
activity affecting the wetiand portion of this property.
❑ Wettand alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
91
Effective 11/10/89
Issued by the Department of Environmental Protection
Completed aoollcation forms and plans as required by the Act and Regulations shall be filed with the
on or betcre (date),
and no further work snail be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. Application forms are available at:
The property owner shall take every reasonable step to prevedt further violations of the act.
'-1 Other(specify)
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chad-
ter 131. Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine of not more
than twenty-five thousand dollars or by imprisonment for not more than two years or both.
Each pay or portion thereof of continuing violation shall constitute a separate offense.
Ouestions regarding this Enforcement Order should be directed to:
Issued by
Signature(s)
(Signature of delivery person
or certified mail number)
HEARING RIGHTS
You are hereDv notifea of your r:dhl to an aoivaicatory hearing under the Massachusetts Administrative Procedure Act.G.L.Chacter
30A.Section 10.regarding this Enforcement Order.In accordance with the Departments Rules for the Conduct of Adjudicatory Pro.
ceedings.310 CMR 1.00.a Notice of Claim for Adjudicatory Hearing must tie filed in writing wrtmn twenty-one 121)days of the date
of issuance of tnis Enforcement Order:must state clearly and concisely Ins facts wmcn are grounds for the proceedings and the relief
sought:must induce the aooroonate tiling fee and Fee Transmittal Form as provldea in 310 CMR 10.03(7):and must oe addressed to:
Docket Clerk
Office of General Counsel
Deoartment of Environmental Protection
One Winter Street.3rd Floor
Boston.Massachusetts 02108
A copy of said Notice or Claim must oe sent to the adpropriate regional office of DEP.
9-2a
I'�
�i
`r
Issued by Salem Conservation Commission
Complete❑application forms ana plans as reawred p•; the Hct and Regular ons shall be flea wan the
on cr before (clate)
ano no Curtner worK shall be performed until a public nearing has been nein ana an Oraer of Cononions
has been issued to reaulate sato work. Application forms are available at.
The proDeriv Owner Shall take every reasonable step to prevent further violations Of the act
tS ther s ecii
_ o I D vl
David Colpitts has assumed responsibility for correcting the
violation, however, the law places responsibility on the property
owner and if David Colpitts does not comply, you may be required
to carry out Mr . Colpitts ' Enforcement Order . ,
Failure to comDiv with this Oroer may constitute grounds for legal action. Massachusetts General Laws Chap-
ter 131. Section 40 provides.
Whoever violates any provision of this section shall be punished by a tine of not more
than twenty-five thousand dollars or by imprisonment for not more tnan two vears or both.
Each bay or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to T„1 ; R; omeasshrte dei
Issuedbv Salem Conservation Commigginn
Sionatureis'I
J
1
(Sionaiure of oeirvery person
or certifiec mail numper)
9-2b
'tl
J
Salem. Massachusetts 01970
ASsn�N�9
TO: CONSERVATION COMMISSION MEMBERS
FROM: DEBBIE HURLBURT, ACTING CONSERVATION ADMINISTRATOR
RE: CLARK STREET, PAUL CLAVEAU
DATE: FEBRUARY 25, 1992
-------------------------------------------------------------------
Attorney Ellen Winkler will be before the Commission at
Thursday ' s meeting to informally discuss the next step for her
client , Paul Claveau.
As you will recall, a letter was sent to Mr . Claveau on
February 6, 1992 informing him that illegal fill had been dumped
onto his property.
On June 20, 1991, an Enforcement Order was issued to legally
stop any work or further dumping on this property.
On July 11, 1991, a letter was received from Attorney
Serafini ' s office asking the Commission to withhold further actions
until Mr . Claveau could come before the Commission to discuss what
you would like to see have done on his ,property.
Attorney Winkler and Mr . Claveau will be available to answer
any questions that you may have .
EX\DH\CLAVENF
Planning �AIIarb
Gone iftlem Girrn
n�
DECISION mo
s
�r
o= m
Special Permit r�
Wetlands and Flood Hazard District
Paul Claveau
cn rs
Clark Avenue
Salem, MA 01970
RE: Clark Avenue
On Thursday, May 21, 1992, the Planning Board of the City of
Salem held a public hearing, which was continued to June 4, 1992 ,
regarding the application of Paul Claveau for a Special Permit
under Section 7-16, Wetlands and Flood Hazard District of the Salem
Zoning Ordinance, with respect to a proposal to correct an erosion
problem on a. fill slope within the buffer zone at Clark Avenue,
Assessor ' s Map 3, Lot 116 .
At a regularly scheduled meeting of the Planning Board held on
Thursday, June 4, 1992, the Board voted by a vote of six (6) in'
favor , none opposed, to approve the application as complying with
the requirements of a Special Permit, subject to conditions.
1. Conformance with Plan
Work shall conform to plan entitled, "Notice of Intent
Plan, Prepared for Paul Claveau" , dated March 19, 1992.
2. Conservation Commission
Work shall comply with all requirements of Order of
Conditions issued by the Salem Conservation Commission on
April 23, 1992 - File #64-203.
3. Board of Health
Work shall comply with all requirements of the Board of
Health approval dated May 13, 1992 .
4. Construction Practices
All construction shall be carried out in accordance with
the following conditions:
a. No work shall commence before 7 : 00 a.m. on weekdays
and 8:00 a.m. on Saturdays. No work shall continue
beyond 5:00 p.m. There shall be no work' conducted on
Sundays or holidays.
b. All reasonable action shall be taken to minimize the
negative effects of construction on abutters. Advance
notice shall be provided to all abutters in writing at
least 72 hours prior to commencement of construction.
5 . Violations
Anny violations of these conditions shall result in
revocation of this permit by the Planning Board.
This Special Permit shall not take effect until a copy of the
decision bearing the certification of the City Clerk that twenty
days have elapsed and no appeal has been filed or that if such
appeal has been filed, and it has been dismissed or denied, is
recorded in the Essex County Registry of Deeds and is indexed in
the grantor index under the name of the owner of record or is
recorded and noted on the owner ' s certificate of title. The fee
for recording or registering shall be paid by the owner of
applicant.
Walter B. Power, III
Chairman
o
c.� _
EX\DH\CLAVDECI zCD cs+
Na o
r
om �
T;
am
ma
tn cn
N N
I
Draft Decision
Wetlands and Flood Hazard District
Paul Claveau
Clark Avenue
Salem, MA 01970
RE: Clark Avenue
1 . Conformance with Plan
Work shall conform to plan entitled, "Notice of Intent
Plan, Prepared for Paul Claveau" , dated March 19, 1992 .
2 . Conservation Commission
Work shall comply with all requirements of Order of
Conditions issued by the Salem Conservation Commission on
April 23, 1992 - File #64-203 .
3 . Tree Removal
All trees to be removed shall be reviewed and approved by
the City Planner
4. Board of Health
Work shall comply with all requirements of the Board of
Health approval dated May 13, 1992 .
5 . Construction Practices
All construction shall be carried out in accordance with
the following conditions:
a. No work shall commence before 7 : 00 a.m, on weekdays
and 8 : 00 a.m. on Saturdays. No work shall continue
beyond 5 : 00 p.m. There shall be no work conducted on
Sundays or holidays .
b. All reasonable action shall be taken to minimize the
negative effects of construction on abutters. Advance
notice shall be provided to all abutters in writing at
least 72 hours prior to commencement of construction.
6 . Violations
Any violations of these conditions shall result in
revocation of this permit by the Planning Board.
EX\DH\CLAVDECI
5
SERAFINI, SERAFINI AND DARLING JUL 1 199
ATTORNEYS AT LAW �� EM Fp Al�F'��K DEPT.
63 FEDERAL STREET VT WSSS111111C
SALEM. MASSACHUSETTS 01970
JOHN R. SERAFINI. SR. TELEPHONE
JOHN R. SERAFINI.JR. 508 744-02$2
JOHN E. DARLING 617.5812743
WENDY L. THAYER
TELECOPIER
JOSEPH P. COLONNA
506 741-4683
July 11, 1991
VIA FAX AND FIRST CLASS MAIL
Conservation Commission
City of Salem
One Salem Green
Salem, MA 01970
att: Juli Riemenschneider
RE: Clark Avenue
Map 2, Lot 116
Paul Claveau
Dear Ms. Riemenschneider:
This office represents the above named Paul Claveau in
connection with the recent action taken by your Commission
involving the above described property.
Although the date of issuance of the Enforcement Order is June
20, 1991, the letter was not received by Mr. Claveau until July 9,
1991. The postmark, copy enclosed, indicates a mailing date of
July 8, 1991.
All of you, I 'm sure, are familiar with his particular
property, and with the fact that Mr. Claveau is an innocent party.
I believe that the party responsible for the problem has
acknowledged to you that he will undertake to correct the same.
Mr. Claveau, unfortunately, is in a position where he has made
plans to build a house, and has already accrued substantial expense
toward that end.
At this particular time we would ask that the Commission
withhold any action against Mr. Claveau to afford him the
opportunity of meeting with you to see what can be done about
obtaining a Certification of Compliance as to his own property.
We do not have any confidence in the ability of the party
responsible for the violation to correct the same in a timely
manner. We therefore would ask the Commission to suspend any
Conservation Commission
City of Salem
July 11, 1991
Page 2
action and afford us the opportunity of coming in to discuss the
matter so that we will be able to effect an appropriate solution
which will permit my client to go forward with his plans.
Sincerely, Q�
J SERAFINI, SR.
Attorney for Paul Claveau
JRS,SR. /ln
1
... a
A!'I 6Hf,Ca q AT L.nry -
' `.6"' ELDERAI
5 M. i",Nr'.rI AV,WBETTS 61$
W., R SERAL p Sq TEYE PHOI(L
506 lAa•'O?f:.
" JOny 3 AaG„V+.• .. ...Gila 812:4
T :, rp t V R 3
».�r,ar co.GFa. TEL ECO FI C F,
July: Si ; 199
. ..
., ,VIA tax
# ' Cc}nsal-va.'.1
r City ..aa lays
One aSi+m+l C::4 FaL oen
049,7,i? 'y' - , '�: •�" v n M R
�cn#+{i„di�u
MAP 2q Lot tat
ISe�r 233. RjtmenQhn ide
- r C6n"70C$,i"vee With rhe i MvQ;[it, action riv% n y , Voun Commission
i.AFCF.9i J'�2[#t� *i„�.' el".3fvi josp}°s..::e? pro
a' t.s _e
4
S h't'.- • .a .. Y
A.l�though '�..he : ato A isiatx 'rCE^. of tl2 ,-. -E*l'1C�y7�i.'C'==Nl^e�n't. Order ,3'S June: .,
r :4 0-..x-;ygc�2. ' ;f`a tom :.? .} �-,x ,..;iia Tint I v4`.*3ils:a:� b CFY`-, 4-d���:6�4'( unill July. gy
,,.q. �•„ :t Y'910 :ne' a xt£�+'mtk,Yx. "$at'Y a+. ?x.a,tlpt;8 mailing date of, .t
1Pal,
• a-'
All 04{,4 vour i .,. :1E:f.„.y isc)', t :m,,llar 'Wit"' X09- paTt.joular
e v+R L• t e +r ,l 4_!3 E' fti"ti t"dT. 7 j+i3_'. iF Adenfruart
M Prop Y . asp a 1 y.'
rt u t4 M'" shat the bait r Y s pc,iLia for, t a
fi 1
t�3za ,.t? f11
'atY .'toat YJ�s vilT unc r§��i,1: -6 or"kaot the:;same,
. . i•e '' i5'1.L%ta"R'Ltp ,:.1't'�a"al?e`.'T r
'Fs, ,tri, a E"f'"1,n;UiCJ?t. 'W1l C- '6 he ' tap, made
Ylaies- ,tDaraa., rrr� 1„., cCrad a.as t} r: sttxbt �t9Yia� a�xpense
rlAt
s , T W1-'UNs2 rc4' Vt qlaveazx , to urfford him the , e
Pt,+ 47 Wos,a..Y QtfA ` ual, '' ^7 is�'L'.:, 311�{i�- •,tC"1.t rY 'Y'i�' C}S3i'!ti'. obou'C... i y
firfJ'_ S`! Y'!CY' QS 'w .It;- Amt?w;:;,i` Ly}; „+:i"?,1,a'+.v.,t i"7 T§ C? cid CG- :i:' S wn, pr C`apE''.'t.ty tr
r r Es t ` Zlr oat Com."f " t th4l u.�ii tt;t f thy, party r
e
`Qr the 'VAC�.c`3 N&A s�� s.o rr'.."'. Iltte n ,
5 �''.. . �`F'sh � 1.I4 .3timely., ...
C`9"'ra[iar. We therefore, tr�4"�{;�:(G + th,•a CC,Y#hition "C.r``'Supend. any. {
*'"a6 { we'.0 r'•• {. vn Mm_•.a -v +� rxw y L ..(:�+ s a t ru;a ^ ,—;!421� fi
_ 3r . ..,n...v�ss..:.. ` _.�..�..�.....w .... aaC.� _ D.... , ... _.i m...m. x,”- •S..f
it_ No } '.; 11 , ' i 16 2? Nu CUa F-. 02
Conservation 'tommasg3_ei
City o: Salem
July 11 ; 19^ .` .
rege 7
action and affOro as troy 'vvpO_txanity OF �v i1r.0 in to digcuss the
pat:tor. so that we pit 11 `'3, 'We 't, QUM 0.'TkA,.jJr'T:;'�'A�"�--..�C E: solution,
OHM will par"it gy r.,'.iont u tic fcN'vard with vill that,
I
3r ,ry,eu tir F�ai: glaveau
i
f..
£ A y.
a
. t rnv�3n�itei" + +'n-fF+1�t'pww k lr.y«.
ear:.yY.aamC�fs�a*e,.
F �E
•
NOTICE OF INTENT
CLARK AVENUE, SALEM, MA.
ASSESSOR' S MAP 3, LOT 116
DEP FILE NO.
i
NOTICE OF INTENT FEE TRANSMITTAL FORM
• DEPARTMENT OF ENVIRO?Z�43dTAI PROTECTION
DIVISION OF WETLANDS AND WATII&MYS
NOTICE OF INTENT (NOI) APPLICANT: PROPEEtI'1'. OWM:
Name Mr. Paul Claveau Name same
Street20 Highland Avenue Street
City/Town Salem, Ma. 01970 City/Town
State Ma. 01970 Zip Code State Zip Code
phone Number 508-581-2743
Project Iocation: Street/Lot Number Clark Avenue, Lot 116 Ass—Ror ' s 3
City/Town Salem, Ma.
DEP FILE NUMER (if available)
NOI FIIMC FEE DISP= FEE
Total NOI Filing Fee: $ 250 . 00 Total Disputed Fee: $
(as determined in Notice of
State Share of Filing,Fee: $ 112 _ Sn Insufficient Fee letter from
(1/2 of fee in excess of $25.00) conservation commission)
City/Town Share of State Share of Fee: $
Filing Fee: $ 137 . 50 (1/2 of total disputed fee)
City/Town Share of Fee: $
(1/2 of total disputed fee)
INSTRUCTIONS
1. Send this Fee Transmittal form with a check or money order, payable to
the Commonwealth of Massachusetts, to the DEP Lock Box at:
Department of Environmental Protection
Box 4062
Boston, MA 02211
2. Attach a coov of this form to the Notice of Intent submitted to the
local Conservation Commission.
3. Attach a copy of this form and a copy of the DEP check to each of the
Notice of Intent forms submitted to the DEP regional office.
11/10/89
�� �i
\��-��\���� \\_so\l •� V� -� moo`.- i
'l,C,///���t/�'�g� v_ ��}/ � ,n� �.• 1 _�h .. / '
,moi° r 1 �° �� �. 11ti loo, o `. tiI'�-.✓ .. o <-�-; rJ
1 �[• •�O' r .- v6 - I \ 2 v ���-�_ ,. \ ��) � x11.Le rs'
'.? "
a
�F ^r ✓w ems' ' VCo aa� e
M ..h � _ r�0 • L 7l� �< � o� 7 l / N
aP ,'Memori
Park
e \ ) a J S C ti t ,J .�Stadey TW
✓ � 1 ate; � � ` �u �J �;: ✓ `�ti � � ��
„ 1, � 4 - r0 1 n✓ ��r
1 ,R
\ h
3
0
L"Ilff
S � Blaney Flock Bea �,`�� �O Q e
a . so �{. \� "�.. I (es eeaais�( P l" o•
SCALE 1:25 000 _
7 0 MILE
1000 0 1000 2000 3000 4000 5000 6000 7000 FEET
1 5 0 1 KILOMETER
CONTOUR INTERVAL 10 FEET
DATUM IS MEAN SEA LEVEL
NOTICE OF INTENT
LYNN, MASS. CLARK AVENUE
Mass.�� N4222.5—W7052.5/7.5 SALEM, MA.
p� 1970
QUADRANGLE LOCATION ASSESSOR'S MAP 3
AMS 6868 IV NW-SERIES V814
LOT 116
REID LAND SURVEYORS
Land Surveyors and 0d Engineers
QUADRANGLE LOCATION AND NAME 365 Chatham Street • Lynn. MA 01902
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION .
• 310 CMR 10.99 _
Form 3 DEP File No.
.-=-J Commonwealth ' fro°'°'m' by OEPI
I'Zt� of Massachusetts c i Y,Tows
ADMICant
Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
and
Application for a Department of the Army Permit
Part 1:General Information
1. Location: Street Address Clark Avenue, Salem Ma Lot Number 116 , Assessor ' s .Map 3
2. Project: Type Catannry 2 Description Remedial work to correct
an erosion problem on a fill slope within the Buffer Zone
1' associated with a proposed residential
1 r1 ai i n4
• dwelling at the referenced location.
3. Registry: Counry FRsey Current Book 9708 &Page 15S
Certificate(if Registered Land)
4. Applicant Mr.Paul Claveau Tel. 508-745-3062
Address 20 Highland Avenue Salem Ma 01970
S. Property Owner Tel.
Address
6. Representative Ms Ellen Winkler Attorney At Law Tel. 508-581-2743
Serafini , Serafini and Darling, 63 Federal Street, Salem, Ma.
Address 01970
7. a. Have the Conservation Commission and the Departments Regional Office eacn been sent, by certified
mail or hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes 12 No
• b. Has the fee been submitted? Ye�20 00
c. Total Fling Fee Submitted
d. CitylTown Share of Fling Fee S 1 17 5 n State Share of Fling Fee ;44r5�
(sent to Citylrown) (1/2 of fee in excess of S25, sent to DEP)
e. Is a brief statement attached indicating how the applicant calculated the fee? Yes C No
11/10/89 310 CMR - 280.27
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
• 8. Have all obtainable permits,variances and approvals required by local by-law been obtained?
Yes = No r
Obtained: Applied For: Not Applied For:
Local filing with City of Special Permit from
Salem under City Ordinance Planning Board for work
34-4. to be performed within
Buffer Zone of Wetlands
Same filing as with Cons . and Flood Hazard 'District
Comm
— Zoning Ordinance Sec.
7-16.
9. Is any portion of the site'subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L.
c. 130. §105? Yes 0 No
10. Ust all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number/Letter Title.Date
1 tice of Intent Plan
t Prepared for Paul Claveau
Reid Land Surveyors , Dated March 19, 1992_
•
11 Check those resource areas within which work is proposed:
(a)3L Buffer Zone
(b)Inland:
Bank' Land Subject to Flooding,
Bordering Vegetated Wetland' _ Bordering
Land Under Water Body&Waterway' Isolated
(c)Coastal:
Land Under the Ocean" = Designated Port Area,
Coastal BeachCoastal Dune
Barrier Beach - Coastal Bank
Rocky Intertidal Shore" _ -Salt Marsh'
Land Under Salt Pond' _ land Containing Shellfish'
• = Fish Run*
Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for
Completing Notice Of Intent.
i t/t0/89 310 CMR - 280.28
910 CMR: DEPARTMENTOF ENVIRONMENTAL PROTECTION
• 70.99: continued
12. Is the wetland resource area to be altered by the proposed work located on the most recent
Estimated Habitat Map (if any) of rare. "state-listed" vertebrate and invertebrate animal species
occurrences provided to the conservation commission by the Natural Heritage and Endangered
Species Frogram?
YES . ( ] NO (X ] Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [ ] (it any) October 1987 VAI i eig+ar9' I Q Q I
If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with
supportingdocumentation with the Natural Heritage and Endangered Species Program by
/certified mail or hand delivery,so that the Program shall have received Appendix A prior to the
filing of this Notice of Intent?
YES [ ] NO [ ]
t r X e
•
11/10/89 310 CMR -280.29
7t0 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
Part 11:Site Description
Indicate which of the following information has been provided (on a plan,in narrative description or calcula-
tions)to clearly, completely and accurately describe existing site conditions. - -
Identifying
Number/Letter
(of plan, narrative
or calculations) -
Natural Features:
Sods
Vegetation
1 Topography
1 Open water bodies(including ponds and lakes(
Flowing water bodies(including streams and rivers)
Public and private surface water and ground water supplies on or within 100 feet of site
Maximum annual ground water elevations with dates and location of test
1 Boundaries of resource areas checked under Part 1,item 11 above
Other
Man-made Features:
Structures(such as buildings,piers,towers and headwalls)
Drainage and flood control facilities at the site and immediately off the site, including
culverts and open channels (with inverts),dams and dikes
Subsurface sewage disposal systems
Underground utilities i
1 Roadways and parking areas
1 Property boundaries, easements and rights-of-way
Other
Part 111:Work Description
Indicate which of the following information has been provided(on a plan,in narrative description or calcula-
tions)to clearly, completely and accurately describe work proposed within each of the resource areas
checked in Part I, item 11 above.
Identifying
Number/Lener
(of plan, narrative
-- or calculations)
Planv- w and Cross Section of:
1 Struc:.:res(such as buildings. piers, towers and headwalls)
1 Drainage and flood control facilities.including culverts and open channels(with Inverts).
dams and dikes
Subsurface sewage disposal systems&underground utilities
- 1 Filling, dredging and excavating, indicating volume and composition of material
Compensatory storage areas, where required in accordance with Part 111.Section 10:57
(4)of the regulations
Wildlife habitat restoration or replication areas
Other
Point Source Discharge
• Description of characteristics of discharge from point source(both closed and open
channel),when point of discharge falls within resource area checked under Part 1.item
1 1 above.as supported by standard engineering calculations, data and plans.including .
but not limited to the following:
11/10/89 - 310 CMR -280.70
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
• 1. Delineation of the drainage area contributing to the point of discharge
2. Pre-and post-development peak run-off from the drainage area,at the,point of discharge. for at least the
10-year and 100-year frequency storm;
3. Pre-and post-development rate of infiltration contributing to the resource area checked under Part I, item
11 above:
4. Estimated water quality characteristics of pre-and post-development-run-off at the point of discharge.
Part IV:Mitigating Measures
1. Clearly,completely and accurately describe,with reference to supporting plans and calculations where
necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each re-
source area specified in Part 11 or Part III of the regulations;or
(b) why the presumptions set forth under each resource area specified in Part II or Part III of the regula-
tions do not apply.
Coastal Resource Area'fype: Identifying numoer or letter
Inland - I of su000n documents
r ! �•i ._ i `rK .-.Tyi L3F '^°*.+ h °"'+'3*^dY'�-. C -03 .aP & - - - .
Coastal Resource Area Tyoe: I Identifying number or lever
Inland I or sudoon documents
~ 11
1
I
1
1
I
, I I
310 CMR - 280.31
i
i
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION
i
• 10.99: continued -
coastal Resource Area Type: I toenmymg numoer or tener
II of support documents
Inwnd
2. Clearly, completely and accurately describe.with reference to supporting plans and calculations where .
necessary:
_ (a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work
• does not alter an area specified in Part I,Section 10.02(1)(a)of these regulations:or
(b) if work in the Buffer Zone will alter such an area,all measures and designs proposed to meet the
performance standards established for the adjacent resource area.specified in Part II or
Part III of these regulations.
Coastal Resource Area Type Bordered By 100-Foot Discretionary Zone: Identifying pumper or letter
z intend ... at support documents a.
1.Existing siltation fence and hay bales are to
be maintained until vegetation has been est- 1
ablished.
2 . Intercepting swale to -be constructed at top o
slope to intercept runoff and direct it to a -
riprap stilling basin at the bottom of the sl pe.
Runoff will pass through a catch basin with a
sump to collect sediment.
3. Existing slope to be cutback to 2 : 1 and loam d
and seeded. A revegetation mat is to be insta led
to permit grass slope to become established.
•
I l/10/89 _ 310 CMR - 200.32
310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION -
Pert V:Additional Information for a Department of the Army Permit
• 1. COE Application No. 2.
(to be provided by COE) (Name of waterway(
3. Names and addresses of property owners adjoining your property: -
4. Document other project alternatives(i.e.,•other locations and/or construction methods. particularly those
that would eliminate the discharge of dredged or fill matenal into waters or wetlands J.
5. 8y." x 11 " drawings in.planview and cross-section,showing the resource area and the proposed actio
ity within the resource area. Drawings must be to scale and should be clear enough for photocopying.
'Certification is required from the Division of Water Pollution Control before the Federal permit can be
issued.Certification may be obtained by contacting the Division of Water Pollution Control,t Winter Street
Boston, Massachusetts 02108.
Where the activity will take place within the area under the Massachusetts approved Coastal Zone
Management Program,the applicant certifies that his proposed activity complies with and will be conducted ','
in a manner that is consistent with the approved program. ,
Information provided will be used in evaluating the application for a permit and is made a matter of public
record through issuance of a public notice.Disclosure of this information is voluntary,however,if necessary
information is not provided,the application cannot be processed nor can a permit be issued
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents and supporting data
are true and complete, to the best of my knowledge.
Signature of Appucant Date
G/-/)-9 Z
Signature Of Applicant's Representative Date .
FORM 'E....ue. to ENO Form •346 .9,....4 6r BGUSACE. 6 M.r 1902'
MED100 (TEST) T*,. .e..m.., too,•...
IMAY 82 • w.^, Oe..nmm. ./ t!e Aror ..4 ht.'. ei Muuc.u•nu •O.h.u,ow
fer • p.rmt a eeu,. ..rm,..... to .olerm •caro.. a Unu.d Stu.. v.o.. T!. Win.
.1 M........ ..d Buec., 10Ma1 1,.• q.r...4 tb...oo..ue..rpund 0. t!. US Armr C.rtm
of E.,....... OMB Numeu 0702.0036 ..d ...v..... "t. of 30 S..,.m..r 1961 •pa,o' Th,.
.uum•a .dt 0. ..t m 6 ..u, q...
t1/10/89 310 CMR - 280.33
r