64-150 - 20 CLARK STREET - CONSERVATION COMMISSION 2b �ee
- - - -
i
1 ',rI
50
310 CNR 10.9 9 DFP File No. 64- -
Form 8 (To be provided by DEP)
Cityf.m, Satem
�i (llg,P� x A6xaAnm '
comommalth
of Massachusetts
PARTIAL
certificate of Compliance
Xassachusetts Wetlands Protection Act, G.L. c. 131, 540
Satem ConaeJcvattion Commis S ion issuing Authority
From
To Watteh A6 oham (Address)
(Name)
May 12, 1994
Date of issuance
This Certificate is issued for work regulated by an order of conditions issued
toWalter Abraham dated July 30 1987
and issued by the Salem
1. ❑ it is hereby certified that the work regulated by the above-
referenced order of conditions has been satisfactorily completed.
2. [3 it is hereby certified that only the following portions of the work
regulated by the above-referenced order of conditions have been
satisfactorily completed: (If the Certificate of Compliance does not
include the entire project, specify what portions are included. )
The filling portion of the Notice of Intent has been completed.
The construction of single family residences has yet to commence,
but due to the change th1,e Buffer Zone from th f'lli and th x iratio
of the Orde; of Co ditto 'tie Commission recommends Eha ail, uest o �e in�
3, [3 It is heresy cerill ied that the work regulated by t e a o e ion of eppilc�
referenced order of Conditions was never commenced. The order-of be i e .f�
conditions has lapsed and is therefore no longer valid. No futureestablish
work subject to regulation under the Act may be commenced without new Buffer
filing a new Notice of Intent and receiving a new order of Zone.
Conditions.
. . . . .. . .. . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . .. . . . . . . . . . . .. ... .
(Leave space Blank)
Effective 11/10/89 8-1
4. ] The certificate shall be recorded in the Registry of Deeds or the
Land court for the district in which the land is located. The order
was originally recorded on (date) at the
Registry of Essex , Book , Page
5. ❑ The following conditions of the order shall continue: (set forth any
conditions contained in the Final order, such as maintenance or
monitoring, which are to continue for a longer period. )
Issued by Sa
Signature(s)
i
i
when issued by the conservation commission this certificate must be signed by
a majority of is members.
on this -- 19r1, Iday of 19 94 before me
personally appeared rhP nh a 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.
JULY 15, 1999
Notary Public
my commission expires
Detach an dotted line and suhait tothe ..................................
..........................................................................
To Salem Conservation Comm' lsauing Authority
please be advised that the certificate of conpliance for the project
File Surber 64-148 has been recorded at the Registry of
and has been noted in the chain of title of the affected property on 19
If recorded lard the instrument nurber which identifies this transaction is
if registered land the document rurber which identifies this transaction is
Applicant
Signature
8-2
LAND COURTSURVEYS SUBDIVISIONS REGISTERED LAND SURVEYOR REGISTERED CIVIL ENGI NEER
LOTSURVEYS MORTGAGESURVEYS CONSULTING
PARSONS AND FAIA, INC.
60 LEWIS STREET LYNN, MASSACHUSETTS 01902
593-7927
April 25 , 1994
Salem Conservation Commission
City Hall
Salem, MA 01970
It�10
Re : File 1164-1-5-a- C' MiA
Lots 115 & 116 Clark Street
Salem, MA
Commission Members ,
I have made a visual inspection of the above referenced
site . In my opinion the site was substantially constructed in
conforman.ce with the Proposed Site Plan dated June 12 , 1987 .
There is one exception, the fill to the rear of the proposed
dwellings was placed higher than proposed .
If you have any questions please contact my office .
a
e
S a ' a
rsons and -aia Inc .
OF
a
CHARLES
DANIEL yG
.E FA1A 'm
ti
30316
e 0 #BTEat'° ?
oa° suav12'��
IXoN cp1�
t
Conservation Comnussion
Salem. Massachusetts 01970
� W
MINUTES OF MEETING
May 28, 1987
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday, May 28, 1987. Present were Paul Geoghegan,
Harry Takis, John Doyle, Martha Hogan, Rebecca Curran and the
Commission' s newest member Robert Crowle.
Paul Geoghegan called the meeting to order at 7:40 p.m.
18 CLARK STREET - DETERMINATION OF APPLICABILITY
Mr. Walter Abraham was present to discuss his proposed plans-for his
property and has submitted a report by The Gulf of Maine Research to the
Commission. The applicant proposes to construct a single family house
on the property, within the 100 foot Buffer Zone. No work will be done
in the wetland. Mr. Abraham stated that he will be removing debris
including metal materials and replacing it with -a ya's grass for
slope stabilization. Mr. Geoghegan concluded that Mr. Abraham would
have to submit a Notice of Intent for the next meeting. The Commission
requested that Mr. Abraham detail the proposed diagram which should
include elevation, surrounding wetland and a scale for the next meeting.
20 CLARK STREET - DETERMINATION OF APPLICABILITY
Mr.. Abraham also proposes to construct a house on lot 20 within the 100
foot discretionary Buffer Zone. His proposals include the filling in of
500 square feet of Bordering Wetland in order to maximize the use of the
property. Ms. Curran quoted from the Wetlands Protection Act (10.55 4C)
"the said portion has a surface area less than five hundred .(500) square
feet, therefore the issuing authority may issue an Order of Conditions
permitting work in bordering vegetated wetland." The Commission
requested of Mr. Abraham that when submitting the Notice of Intent that
the diagram be well detailed and that lot 18 & 20 be combined as one
project .
Mr. Geoghegan suggested a site visit so the Commission would be fully
prepared when Mr. Abraham returned with the Notice of Intent. Mr. Takis
made a motion of Positive Determination for lot 18 & 20 and Ms. Hogan
second the motion.
It was unaminously in favor.
3 McKINLEY ROAD - DISCUSSION
Ms. Curran stated that the abutters of Forest River were not present,
but she had been informed by the neighbors that there was a pile of junk
in the area. Mr. Geoghegan suggested that Ms. Curran call the
Department of Public Works and request assistance in the removal , for it
is Conservation owned land.
562 - . 489
310 CMR 10.99
Form 7 i
DEP Re No. 1 6 4--T:*g
J
(To be orovioec cy DEP1
Commonwealth C.ty Town Salem
of Massachusetts Abraham
IN Aooucant
Extension Permit
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
From: Salem Conservation Commission Issuing Authority o
r Sale,n G�e..y
To: Mr. Walter Abraham tiS vat toy ctre�k �'o
(Name) fAddress) p
-o
The Order of Conditions (or Extension Permit) issued on July 30 , 1987 (date)
to Waltrr Abraham (name)forworkat 20 Mark Rtraa+ N
(address)is hereby extended for a period of 3 year(s) from the
date it expires.
This Extension Permit will expire on July 30, 1993 (date)
This cocument shall be recorded in accordance with General Condition 8 of the Order of Conditions..
C
O
O
N
.......................................................................................................................................................................................
(Leave Soace Slam)
R CEIVED
1990
SALEM PLA,IAN DEPT.
7.1
Effective 11/10/99
t! 562 490
�suedby Salem conservaticln Commission
;ignaturelsl
Issued by the Conse ion Commission this Extension Permit must be signed by a majority of its
nemoers.
Jn this o lz� , 19 9D before me
_e 1_�
personally ao��-QaV o'� �����y'�"� ' . tome known to be the
Gerson cescrloed in and who executed the foregoing Instrument and acknowiedged that he!she executed
the same as his/her free act and deed.
Notary ubli My commission expires
`� P r'` '��.
;ill
�ti I
Detach on oottetl line and submit to the prior to commencement of work.
..................................................................................................................................................................................................................
isshing Authority
To
Please oe advisea Inat the Extension Pemth to the Order of Conditions lot the oroleel a��
File Numoer nas teen recoraea at the Registry cf ane
nas Been nvea:h me cna;n or ave of the anecteo Grauer in accorcance wan General Condition a of the ongmal other of cohaihons on
19 it recoraea lana.the mstrument numaer which iaenvees this rransactwn is
it rectstereh land.the document numoer which identifies this transaction a
S
Aooi,cam
,cnature
7-2
x
Form 5 DEOE File No. 64-K&
(To be provided by DECE)
SALEM
- Commonwealth city/Town
of Massachusetts Applicant ABRAHAM
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
Fro.
To MR. WALTER ABRAHAM
(Name of Applicant) (Name of property owner)
Address 65 Valley Strept Address 20 Clark Street
This Order is issued and delivered as follows:
❑ lby hand delivery to applicant or representative on (date)
by certified mail,return receipt requested on (date)
This project is located a' 20 Clark Street _
The property is recorded at the Registry of Essex
Book 16 Page 3969
Certificate(if registered)
31343
The Notice of Intent for this project was filed on June 14, 1987 (date)
The public hearing was closed on July 30 1987 (date)
Findings
The Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Commission at this time, the Commissinn 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):
❑ Public water supply ❑ Storm damage prevention
❑ Private water supply J Prevention of pollution
( ❑ Groundwater supply ❑ land containing shellfish
\ k1 Flood control ❑ Fisheries
5-t
Therefore,the Commission hereby finds that the following conditions are
necessary, in accordance with the Performance 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 Commigsion
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at thesite not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 64148
10.Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
1 1 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
5-2
Plans:
Title Dated Signed and Stamped by: On File with:
'Proposed Site Plan' 7/12/87 Parsnns k Fara T„r c�iom r er.. Commissi
Special Conditions(Use additional paper if necessary)
1. Staked haybales shall remain in place until permanent vegetative cover has been
established.
2. Fill shall not include any bituminous or concrete material,
3. The final slope shall not exceed a 4:1 slope as shown on plans.
.......................................................................................................................................................................................
(Leave Space 81ank)
5.3A
Issued By SALEM Conservation Commission
Signature
This Order must be signed by a majority of the Conservation Commission.
On this 30 day of j u l N 19 R 7 before me
personally appeared above named 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.
x!y emrmi.sion rxpiros A;.:st i2,V94
Notary Public My commission expires
The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work Is to
be done or any ten residents of the city or town in which such land is located are hereby notified of their right to request the Department
of Environmental Quality Engineering to Issue a Superseding Order,providing the request is made by certified mail or hand delivery to
the Department within ten 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 the applicant. r/
Detach on dotted line and submit to the Commission prior to commencement of work.
.....................»....t......._.......................................................................................................................................................................
_...
To Issuing Authority
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on , 19_
If recorded land, the instrument number which identifies this transaction is
If registered land,the document number which identifies this transaction Is
Signature Applicant
5-4A
SG
Form 3 DF_CE File NO.
\ " (To be proviced by DECE)
~ C
r Commonwealth r Cityfrown Jcz el�'1
of Massachusetts L
e r / ApPliWnt �t {-t�L
Notice of intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part I:General Information
1. Location:Street Adders 2-0 ( /curk '-2f_
Lot Number 115
2. Project:Type T> JP. Description OL'i/r:t ir �)� -G7xVwL.[.4 1'f 6�— 2S S_
r
3. Registry:County =>`->c ,2' Current Book_ ��° 8 Page
Certificate(If Registered Land)
4. Applicant Lc)i f/Cys ���ii `� U4 Tel. '7LL='S'L
Address ��..
L i
5. Property Owner Cc 'c" /7r7— i /i41,1 Tel.
Address—L/i
6. Representative —Tel.p ✓ ' Z
Address �yo / COG✓ /"'� .�✓��l r d�/Or
7. Have the Conservation Commission and the DECE Regional Office each been sent, by certified mail or
hand delivery, 2 cooies of completed Notice of Intent, with supporting-plans and documents?
Yes (,� No ❑
3-1
8. Have all obtainable permits,variances and approvals required by local by-law been obtained?
Yes ❑ No
Obtained: Applied For: Not Applied For.
9. Is any portion of the site subject to a Wetlands Restrictlon Order pursuant to G.L c. 131, §40A or G.L
c. 130, §1057 Yes ❑ No
10.Ust all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number/Letter Title.Date
a JCb 1 r
1UN`� Itr y 041l.JOra S^y4
11.Check those resource areas within which work is proposed:
(a) ❑ Buffer Zone
(b)Inland:
❑ Bank' Land Subject to Flooding.
111,"'6ordertng Vegetated Wetland ❑ Bordering
❑ Land Under Water Body 8 Waterway' ❑ Isolated
(c)Coastal:
❑ land Under the Ocean' ❑ Designated Port Area'
❑ Coastal Beach' ❑ Coastal Dune
❑ Barrier Beach O Coastal Bank
❑ Rocky Intertidal Shore' ❑ Salt Marsh'
❑ Land Under Salt Pond' ❑ Land Containing Shellfish'
❑ Fish Run'
'Likely to involve U.S. Army Corps of Engl�Aers concurrent jurisdiction. See General Instructions for
Completing Notice of Intent. 3-2 ' .
SS
Part If: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 pian,narrative
or calculations)
Natural Features:
Soils
14 Vegetation
Topography
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
Boundaries of resource areas checked under Part I,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
a!Inerts and open channels (with inverts),dams and dikes
Subsurface sewage disposal systems
Underground utilities
_ ' Roadways and parking areas
A Property boundaries,easements and right9-of-way
Other
Part III:Work Description
Indicate which of the following information has been provided(on a plan,in narrative description or caicula-
dons)to clearly,completely and accurately describe work proposed within each of the resource areas
checked in Part I, Rem 11 above.
Identifying
Number/Letter
(of plan,narrative
or calculations)
i Planview and Cross Section of:
!� Structures(such as buildings, piers, towers and headwalls)
Drainage and flood control facilities, including culverts and open channels(with inverts),
dams and dikes
I Subsurface sewage disposal systems S underground utilities
�—
Filling, dredging and excavating, indicating volume and composition of material
Compensatory storage areas,where required in accordance with Part III, Section 10:57
_ (4) of the regulations
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 t0 the following:
3.3
89
I. 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 1,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. Clearty,completely and accurately describe,with reference to supporting plans and calculations where
necessary:
(a) All me.Sures and designs prcposad to nvotA tits performance standards set forth under each re-
source area specified in Part II 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 Type: Identifying number or letter
❑ Inland of wpPon documents
❑ Coastal Resource Area Type: Idendying number or letter
❑ Inland of support documents
3-4
90
Identifying number or letter
❑ Coastal - Fesource Area Type: of support documents
®Mand
j�of�e� �ti ✓eC-(44teS Cr��t /awl . �FPvxit• rxFrlr
Fill -(k c 1Iu1. 5eo ->jF
{ Btu C s
ly,describe,with reference to supporting plans and calculations where
2. Clearly,completely and accurate
necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to insure 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 11 or
Part III of these regulations.
Identifying number or lever
7 . . 77 Fred TYPe Bordered BY too-Foot Cisna: of support documentseveCidI% /cfz
35
Part V:Additional Information for a Department of the Army Permit
1. COE Application No. 2.
(to be provided by COE) (I'J�mt of waterway)
3. Names and addresses of property owners adjoining your property:
c
�I
4. Document other project alternatives(i.e.,other locations and/or construction methods,particularly those
that would eliminate the discharge of dredged or fill material into waters or wetlands).
5. 8'/1" x 11" drawings in planview and cross-section,showing the resource area and the proposed activ-
ity within the resource area:Drawings must be to scale and should be clear enough for photocopying.
Cel-65 =n is tE fra-n *4LIe D'hisiort cf Water Pollution Control before the Federal pe mt can be slued.
Certification may be obtained by oontactirg the D'rvscn of Water Pollution Control. 1 Winter SueetBoston.
Whe,a to aci.rty will take place witin the area under the Massachusetts approved Coastal Zone
Management Prcg am the apprzrit cerl5es that: his proposed acw¢y cornp=s with and will be conducted
n a manner that is cons5terrt watt the approaed Program
i Inforrnation proved will be used in evaluawg the application for a permit and is made a matter of public.
record trough ssuance of a pubic notice. Disclosure of is informaWn s vOluntary. however if necessary
'formation 's not provided. to appfcaton cannot be processed nor can a permit be ssued.
I hereby certify under the pans 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.
7
•���_ ,1,1
Sig re of Applic Date
Signature of P.GG icanfg Representat v Date
FORM "E°t•pt+°" to ENC Form 4346 .ppre•.d by aOUSACE. 6,)ley 1664••
NED 100 (TEST).-Mia det°ment .enuin. . joint Deportment or the Army and stet. of Mout bweu. •ppNut;on
1 MAY 82 for . permit to eb um ..rmu•ion to p.,for. .ttitilite m U.,ted St.,.. ....... The office
.( 4...gemenc ind gad Rt IOMB6 hs .pOrowd :ho.4 .......r. by the US Army Corp.
r.9uired
or Entine.n. OMB '.umber 0'01.0036 .nd eapvnen do,, of JO Thi.
$epvmber t967 .ppli et".
...umem .ill be W in 6 point typ.
3.6 ,
i
78
Form 1 _ DEOE Re No.
(To be provided by OEOE)
ug
CH/Town Salem
Commonwealth Walter Abraham
` of Massachusetts Applicant
Request for a Determination of Applicability,
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
Salem
1. I,the undersigned,hereby request that the
Conservation Commission make a determination as to whether the ares,described below,or work to be
performed on said area,also described below,Is subject to the jurladiction of the Wetlands Protection
Act,QL c.131.§40-x,t.
2 The area is described as foUcvvs:(Use maps or plans,if necessary,to provide a description and the
location of the area subject to this request.)
20 Clark Street
See Attached Sheet Site Description
3. The work in said area is described below.(Use additional paper.H necessary,to describe the
proposed wort.)
See Attached S1ieiet Proposed Work Description
1.1 -
• '79
4. The owner(s)of the area,if not the person making this request,has been given written notification of this
requeston (date)
The name(s)and address(es)of the owner(s):
Walter--. Abraham
65 Valley St.
Salem, MA 01970
5. 1 have filed a complete copy of thb request with the appropriate regional office of the Massachusetts
Oepsrtment of Environmental Qualify Engineering on May 71 - 1987 (date)
,Northeast Southeast
FAWP601IRMS104ft 5 Comonwealth Lakeville Hospital
Woburn,MA 01801 Avenue "' "` Lake%4e,MA 02346
Central Western
75 Grove Street Public Health Center
Worcester,MA 01605 University of Massachusetts
Amherst,MA 01003
6. 1 understand that notification of this request will be placed in a local newspaper at my expense in actor-
dance with Section 10.05(3)(b)1 of the regulations by the Conservation Commission and that I will be
biped accordingly.
e�A /&��A/ Name Walter Abraham
Address 65 Valley St . , Salem,MA 01970 Tel. 745-5807 -
1-2
SITE DESCRIPTION
The site which is currently undeveloped is located at 20 Clark
Street in Salem, Massachusetts (Figure 1) . The 11,020 s.f. lot is '.
situated on the southern side of Clark Street; a single family home
abuts the property to the east (Figure 2) . The property is abutted
to the west .by'kan undeveloped lot (18 Clark Street) . The property
is .located between the 110-120 foot elevation contours of the
U.S.G.S. Lynn Quadrangle. The site and the abutting properties
appear to have been filled some time ago. At the rear of the site
the property drops off steeply to an area of red maple swamp which
can be classified as Bordering Vegetated Wetland. The Gulf of Maine
ResearchCenter Inc, of Salem,. Massachusetts was restained to
identify the Wetland Resource Areas on the site.
The dominant wetland plant species noted in this area included
red maple (Acer rubrum) , sweet pepperbush (Clethra alnifolia) ,
jewelweed (Impatiens 'capensis) , sensitive fern (Onoclea sensibilis)
and skunk cabbage (Symplocarpus foetidus) . There is approximately
800 s.f. of Bordering Vegetated Wetlands on the property, the
greater portion of the wetland being located on lot 125. Because
Bordering Vegetated Wetlands exists at the rear of the property, a
large portion of the lot is located within the 100 foot
discretionary Buffer Zone.
PROPOSED WORK DESCRIPTION
The applicant proposes to construct a single family house on the
property, within the 100 foot discretionary Buffer Zone. The
applicant . also proposes to fill approximately 500 s.f. of Bordering
Vegetated Wetland at the rear of the property in order to position
the proposed single family home and to maximize the use of the
property. According to 10.55 (4) (c) of the Massachusetts Wetlands
Protection Act, an issuing authority may issue an order of
Conditions permitting the loss of a portion of Bordering Vegetated
Wetlands when; "said portion has a surface area less than five
hundred ( 500) square feet."
. • The applicant proposes. to place clean fill at the rear of the
property and will place staked haybales at the toe of the slope to
prevent sediments from entering the wetland. The slope will be
stabilized with mulch and maintained until the slope is
revegetated. Redtop (Agrostis alba) a fast starting, sod-forming
grass will be seeded for slope stabilization. At no time will work
be allowed to impact wetlands beyond the proposed 500 s.f. The
staked haybales will be periodically inspected and replaced as
necessary.
i r
V U1 rn44
iii/! err' yIV �.�� •v 'av �ti= � iy''�,yyC'
® � '� \', Adv, ,j®�. '^ � �� �r^ ///F
"or
01§�%! .4 . : il��APIP Z
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LAND COURT SURVEYS DEVELO►MENT3 REGIS.L1EDLANOSURVEE
VOR REGISTERED CIVIL ENGINEER
LOT SURVEY! qw CONSULTING
PAnRSOcNS AND FAIA, INC.
UVtr U!(�1126LS3 and aIiSVGIJOS3
G Sag-7927
O LINCOLN AVENUE SAUGUS, MASSACH ETTS
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porf0 20 CLARK STREET
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_S. RUSSELL SYLVA r O
Commissioner J
2G 1 ol8of? ECEI V E D
935-2160
- nage: July zs, 1987 JUL 301987
ASSIG.'ED FILE NO: - Ehl PLAiNNING DEPt.
The Division of Wetlands is in receipt of an application filed
Qlapter 131, Section 40, the application is in the name of: under M.G.L.
PLICZ2.'r: Walter Abraham QPNg OF LAND SAME
65 Vallev St.
Salem, MA -
F�—JECT LDC,TICX.: 20 Clark St,
I17t: 115
Pi TEY`P REVVM7
The application is incomplete. 1,bfile ntmiber will be assigned 4�til rater a1
checked Moa is submitted to this Office:
( ) notice of Intent
( > Project requires the filing of a ( ) P1a^s
Form 3 (Motion of Intent) rather than
Form 4 (Abbreviated Notice of Intent)
YATETS-AYS Rr-VIa-
( ) Project may require a Chapter 91 License—Project has been referred to
Waterway's.
(x ) Preliminary review indicates that the e. project does notrequire a
However, should further review indicate that the. projectmay�r 91
rec
a Chapter 91 License, the Department reserves the right to refer the
to Waterways at that time, Project
ISS[PACE OF A FILE LICATIONR
APPF:7VAL OF THE APPLICATIt�DICATES —MW OCMPLEPENES9 OF FILIPt; SLT&�IIT'I£D, i7C7P.
Verytrul
Sabin M. Iard, Jr. ,
�Put]t �9iohal Ltivirorunental Engi.�r
Cc: Conservation Commission,
MINUTES OF MEETING
JULY 30, 1987
The Salem Conservation Commission met at One Salem Green, second floor
conference room on Thursday, July 30, 1987. Present were Phil Moran,
Harry Takis, John Doyle, Fred Harney, Paul Geoghegan, Bob Crowley, and
Conservation Advisor Rebecca Curran.
PUBLIC HEARING - 20 CLARK STREET
Chairman Phil Moran read the notice of the continued public hearing on
20 Clark Street. The owner of the property, Walter Abraham, was present
to discuss the proposed construction of a single family home within the
buffer zone. To accomodate this construction the applicant proposes to
fill approximately 500 square feet of bordering vegetated wetland at the
rear of the property in order to maximize the use of the land. Mr.
Takis and Mr. Doyle stated that they had been to Mr. Abraham' s property
and determined that the proposed construction had no negative impact on
the adjacent wetland. Mr. Abraham then informed the Commission that he
would be using clean material for filling. Staked hay bales would be
used for erosion control.
Mr. Geoghegan made a motion to close the public hearing. Mr. Takis
second the motion and the Commission was unaminously in favor.
Mr. Moran stated that an Order of Condition be issued which shall state
that; all construction shall reference the plan, all fill must be clean,
and that the slope shall not be steeper than 4 to I as indicated on the
plans.
PUBLIC HEARING - HAMBLET & HAYES
Mr. Moran opened the continued Public Hearing by reading the notice
from Hamblet and Hayes located on Colonial Road. Mr. Wallace,
representing the applicant informed the Commission that a modification
in the plans had been made. A site visit was held June 30, 1987 at
which time a representative of Hancock Survey explained the proposal.
Mr. Wallace submitted the revised plans which shows the berm constructed
of granite rather than the original bituminous. After the Commission
reviewed the plans, Mr. Doyle made a motion to close the Public Hearing
and was seconded by Mr. Takis. Mr. Moran stated that an Order of
Conditions would be issued.
CERTIFICATE OF COMPLIANCE - HAMBLET & HAYES
A representative from Hancock Survey was present to request a
Certificate of Compliance from the Commission on an Order of Conditions
granted on September 27, 1984. The construction of a valve chamber and
sump on an existing drain had recently been completed. The Order of
Conditions included the construction of a grease trap.Because all
chemicals used in the area are water soluble there is no need for grease
traps since they would serve no purpose. The Commission agreed. Mr.
Moran stated that before a Certificate of Compliance could be issued the
Commission would need an engineer' s certificate stating that the Order
SITE DESCRIPTION
The site which is currently undeveloped is located at 18 Clark
Street in Salem, Massachusetts (Figure 1 ) . The 9, 975 s. f. lot is
situated on the southern side of Clark Street. A single family home
abuts the property to the west, and the property is abutted to the
east by an undeveloped lot ( 20 Clark Street) 2(Figure . The
g )
property is located between the 110-120 foot elevation contours of
the U.S.G.S. Lynn Quadrangle. The site and the abutting properties
appear to have been filled some time ago. At the rear of the site
the property drops off steeply to an area of red maple swamp which
can be classified as Bordering Vegetated Wetland. The Gulf of Maine
Research Center Inc. of Salem, Massachusetts was retained to
identify the Wetland Resource Areas on the site.
The dominant wetland plant species noted in the area included
red maple (Acer rubrum) , sweet pepperbush (Clethra alnifolia)
jewelweed (Impatiens capensis) , sensitive fern (Onoclea sensibilis)
and skunk cabbage (Symplocarpus foetidus) . There is only a small
portion of this resource area on the property, the greater portion
of the wetland being located on lot 125 and, to a lesser extent on
lot 115. Because Bordering Vegetated Wetlands exist at the rear of
the property, approximately half of the lot is located within the
100 foot discretionary Buffer Zone.
PROPOSED WORK DESCRIPTION
The applicant proposes to construct a single family house on the
property, within the 100 foot Buffer Zone. No work is proposed
within the wetland resource area itself, however, a pile of metal
refuse material is located at the southwest corner of the property,
which the applicant proposes to remove and replace with clean fill.
Care would be taken to ensure that this fill would not encroach upon
the nearby Wetland Resource Area. Staked haybales would be placed
at the base of the slope to prevent eroded material from entering
the Bordering Vegetated Wetland. The slope will be stabilized with
mulch and maintained until revegetation takes place. The slope will
be seeded with Redtop (Agrostis alba) , a fast starting, sod-forming
grass widely used in the Northeast for slope stabilization. At no
time, either in the replacement of the metal refuse material, or in
the construction of the house will the proposed work encroach upon
the Wetland Resource Area located on the property.
Because no work is proposed within the Resource Area, and staked
haybales will prevent work in the Buffer Zone from impacting the
wetland, it is respectively requested that the Salem Conservation
Commission issue a Negative Determination for the project as
proposed.
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CITY OF SALEM
CONSERVATION COMMISSION
Will continue a public hearing under the Wetlands Protection Act, Mass.
G.L. Chapter 131 , Section 40, at the request of Mr. Walter Abraham. The
purpose of the hearing is to discuss the applicants proposal to
construct a single family homee at 20 Clark Street, within a wetland
buffer zone and the filling of 500 square feet of bordering vegetated
wetland. The hearing will be held on Thursday, July 30, 1987, 7:30 P.M. ,
One Salem Green, Second Floor conference room.
Philip D. Moran
Chairman
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CHUSETTS
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y used and held for use for Gabe ,\
specifically inclglee in anothe,
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but not B.Rw to any commercial , x .
atrade , service, recreational ,
Q a 2 , «RrQ!■ , taternal govern- 47
b medical or religious enterpr8.d
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May 16 , 1990
Mr . Harry Hewitt
Hewitt Construction Company
18 Verdon Street
Salem, MA 01970
RE : 22 Clark Street
Dear Mr . Hewitt :
On May 4 , 1990, the Salem Conservation Commission sent an
enforcement order regarding unauthorized dumping and filling at
22 Clark Street and a letter requesting your attendance at a
Conservation Commission meeting on May 10, 1990 .
The postal receipt which I received today, indicates that
unfortunately, you did not receive the letter until May 14 , 1990,
after. the scheduled Commission meeting had occurred. I apologize
for any confusion this delay may have caused and I am writing to
again request that you attend the next Commission meeting
scheduled for Thursday, May 24 , 1990 . If you fail to respond to
this request, the Commission will have to proceed based on
information it now has regarding this matter .
Please call me at 745-9595 ext . 311- to confirm your
attendance at next Thursday ' s meeting.
Sincerely,
Kathleen M. Winn
Conservation Administrator
R1128
. 1
310 CMR 10.99
Forth 9 DEP File No. j
(To oe provided by DEP) .
Commonwealth Ciry,town Ratan
of Massacnusetts aooucam
law - ---
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Salem Conservation Commission Issuing Authority r-
To Harry Hewitt
Date oflssuance May 4T19c0 _
Property lotroarcelnumber. address 22 Clark Street, Assessor' s Map 3, Lot 132
Extent and type of activity:
Unauthorized dumping/filling in a wetland buffer zone .
The 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:
A Said activity has beentis being conducted without a valid Order of Conditions.
V Said activity has been/is being conducted in violation of an Order of Conditions issued to
,dated
File number , Condition number(s)
Other(specify)
The Ratam rnnservation Cnmmissiert, hereby orders the following:
The prooerty owner. his agents, permittees and all others shall immediately cease ano desist from further
activity affecting the wetiand portion of this property.
Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
9-1
Effective 11!10/89
1 1
Issued by the Department of Environmental Protection
Completed application forms and plans as required by the Act and Regulations shall be filed with the
on or before (date),
and no further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. Application forms are available at:
The property owner shall take every reasonable step to prevent further violations of the act.
-1 Other(specify) .
Failure to comply with this Order 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 fine of not more
than twenry-five thousand dollars or by imprisonment for not more than.two years or both.
Each day 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 herepy nOhled Of vour r!gnf to an amuoicatory hearing under the Massachusetts Administrative Procedure Act.G.L.Chapter
30A,Section 10,regarding this Eniorcemem Order.In accordance with the Departments Rules for the Conduct of Adjudicatory Pro-
ceedings.310 CMR 1.00.a Notice of Claim for Acludicatory Hearing must de filed in writing within twenty-one 1211 days of the date
of issuance of this Enforcement Order:must state cteanv and concisely the facts which are grounds for the proceedings and the relief
sought:must include the appropriate filing lee and Fee Transmittal Form as provided in 310 CMR 10.03(7):and must pe addressed to:
Docket Clerk
Office of General Counsel
Department of Environmental Protection
' I
One Winter Street.3rd Floor
Boston.Massachusens 02108
j A copy of said Notice of Claim must oe sent to the appropriate regional office of DEP.
9-2a
• Issued by c-i en EeFntassen Commission
Comoietec application forms and plans as reowred oy the Ac;and Regulations shall be filed with the
on or before (date).
anti no further work shall be performed until a public nearing has been held ano an Orcer of Conditions
has been issued to regulate said work. Application forms are available at:
The property owner shall take every reasonable step to prevent further violations of the act.
Other(specify) -
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Cfiap--� --- --
ter 13 1. 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. — --p 9
Each pay or ---
portion thereof of continuing violation shall constitute a separate offense.
should be directed to'.
Questions rebaro ng this Enforcementrder O Kathleen—W¢nn, �—�T ext. 311
Issued by
Sionature
(Signature of dei very Berson
or certiftec mail numoer)
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, .E.D. 1980
j 3 p6 4 — ALL AVIS /979
•j $ •
a s AVIS 1978
4'e Ao z REV., BY AV/S /976
REV. BY 1111974
\��60 $ LFyG \��6 REV.` BY AVIS 1973
2
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1,. JUL, no
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Essex County Registry of Deeds
32 Federal Street
Salem, Massachusetts 01970
09"10/90
# 421 Recit.ime 0246 Type 0,00
INSTRUMENT # 244
# 422 Recet.ime 0246 Type 0.00
INSTRUMENT # 245
To tai 41.00
77)
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G�arR S�reet
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130 �
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LOT 115 LOT 116 6��• � !off
1 1020 S.F 9,97 5 S .F.
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bale o.o: /o.00
3 \ 40 SECTION A -A SCALES. I"=20 HORZ. & I = 4 VERT.
SALEM CONSERVATION COMMISSION APPROVAL
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DATE '.
itt ti 1 ` �✓e�a�f
PROPOSED SITE PLAN
�7 e e.J�
c�a,4e^JC / SALEM MASSACHUSETTS
SCALE ' I" = 20 JUNE 12 , 1987
C�lef f dll dP /vdGea �f �C-•�d,� a..�/ PARSONS AND FAIA INC.
fcr r''`'�e��•„ ar ° '� area ,J ; adnsa 480 LINCOLN AVE.
SAUGUS MASS .
5 2xs-� Sewar s
=�zs9
CLARK STREET _
e
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