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64-421 - 40 CLARK STREET - CONSERVATION COMMISSION yo Car L T Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions #64-421 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording,Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ------------- ------- To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 40 Clark Street #64-421 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County Book Page for: Gail &George Fialho Property Owner and has been noted in the chain of title of the affected property in: - - k - - i Book a�--�2Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wperomi5.ticc• rev.3/1/05 Page 9 cr9 ElMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. Ll WPA Form 5 - Order of Conditions #64-421 . Ma—ss—a-Musefts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information IIIIIIIIIIIIIIIIIIIIIIIIIIIillllllllllllllllll Important: Salem 2006071300035 Bk,25877 PgA When filling From: 1.Conservation Commission 07/13/2006 09:35:00 OTHER Pe 1/13 out forms on'- the n the computer,. 2. This issuance is for(check one): a. Order of Conditions b. use only the El Amended Order ofor ditions tab key to s.To: Applicant: ' move your cursor-do not Gail&George Fialho use the return a. First Name b.Last Name c.Company key. 40 Clark Street d.Mailing Address Salem MA 01970 e.City/Town I.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last—Name c.Company . d.Mailing Address - e.City/Iown f State g.Zip Code 5. Project Location: 40 Clark Street Salem a.Street Address b.Cdylrown MAP 7 LOT 3 a Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certlripte(d registered land) 13640 479' c.Book d.Page 7. Dates: May 25, 2006 Jurie 22,2006 June 22, 2006 a.Date Notice of Intent Fled b.Date Public Hearing Closed c.Date of Issuance b. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Slope Stabilization Plan to Accompany NOI 40 Clark Street a Plan Title Patrowicz Land Development Engineering Scott Ian Pafrowicz b.Prepared By c.Signed and Stampedby June 22, 2006 V=20 d.Final Revision Date - e.Scale T.AddHional Plan or Document Title g.Date wpzrartn5.doc- rev:X1105 Psga tors Ao v/25 4w- Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions #64421 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information ImpoW � From: Salem When ll Conservation Commission out forms on the computer, 2.This issuance is for(check one): a. N Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Gail&George Fialho use the return a. First Name b.Last Name c.Company key. 40 Clark Street d.Mailing Address Salem MA 01970 e.Cilyliown f.State g.Zip Code 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.City/rown f.State g.Zip Code 5. Project Location: 40 Clark Street Salem a.Street Address b.City/rown MAP 7 LOT 3 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known(note: electronic filers will click for GIS locator): e.Latitude f.Longitude s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate(H registered land) 13640 479 c.Book d.Page �. Dates: May 25 2006 June 22, 2006 June 22, 2006 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Slo�Stabilization Plan to Accompany NOI,40 Clark Street to Accom�ny NOI, 40 Clark Street a.Plan Idle Patrowicz Land Development Engineering Scott Ian Patmwicz b.Prepared By c.Signed and Stamped by June 22, 2006 1"=20' d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date wpelmn5.0ac• rev.W/O Pepe 1 019 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-421 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings f. Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ❑ Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: a. N the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and 30 wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank i linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet s. ❑ Land Under Waterbodies a.squarefeet b.square feet c.squarefeet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged wpafo,m&d0c• rev.311N5 Pepe 2 or 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions X164-421 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a.squarefeet b.square feet c.squarefeet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet 8. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ RlVerfrOnt area a.total sq.feet b.total sq.feet Sq ft within 100 It c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet I.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a. uare feet b.square feet c. sq q vy nourishmt. d.dy nourishmt. 14. ❑ Coastal Dunes a. uare feet b.square feet c. sq q cty nourishmt. d.cty nourishmt is. ❑ Coastal Banks a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 1s. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpafdm5.d=- rev.311105 Page 3019 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 5 — Order of Conditions #64-421 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection' [or, "MA DEP"] "File Number #64421 wpalam5.tl • m.311/05 Pape4a49 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-421 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall appy to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Storrnwater Policy Standards. Special Conditions: If you need more See Attached Sheet space for additional conditions, select box to attach a text document wpaf0M5.d0c• M.3n A5 Page 5 of L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-421 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No 2. The hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. a. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. If you need more c. The special conditions relating to municipal ordinance or law are as follows: space for Pei 9 P Y additional conditions, salad box to attach a text document ❑ wpelam5Aw- rev.301 N5 Pape 6 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions e6y-yai Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special June 22, 2006 condition pursuant to General Conditions 44, from the date of issuance. t. Date of Issuance Please indicate the number of members who will sign this form: Five This Order must be signed by a majority of the Conservation Commission. 2. Number of signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant. Signatures Notary Acknowledgement Commonwealth of Massachusetts County of Essex 22nd June 2006 On this Day of Month Year Before me, the undersigned Notary Public, Kevin Cornacchio, Michael Blier, Kevin Carr, personally appeared Keith Glidden, David Pabich proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. Salem As member of Conservation Commission, Citylrown FAANKTAORMINA Notary Rublic Massadmge MY COMM Von Apti,1127,2D12 Signal illpf Notary Public Printed Name of Notary Public Place notary seal and/or any stamp above AP`s Z;?, 20/2. My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail,return receipt requested,on JA 6 100(3 Date Date vpalor .dw• rev.3/1/05 Page 7 o19 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions f164-421 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearty and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. vgefam5.o - rev.3HN5 Page 8 or9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64421 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. --------------------------------------------------------------------------------------------------------------------------- To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 40 Clark Street #64-421 Project Location DEP File Number Has been recorded at the Registry of Deeds of Essex County Book Page for. Gail&George Fialho Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number-- If registered land, the document number identifying this transaction is: Document Number Signature of Applicant wpefam doc• rev.311105 Pe9e9cr9 �a Attachment to Order of Conditions #64-421 Page lof VIP SALEM CONSERVATION COMMISSION DEP FILE#64-421 40 Clark Street City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage& Endangered Species Program (NHESP)of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13. This Order permits the grading and stabilization of a slope at a 3:1 slope with 1,700 square feet of native plantings and loan and seeded as shown on the approved site plan dated.• June 22, 2006 titled Slope Stabilization Plan to Accompany NOI,40 Clark Street GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 5 pages)at the Essex County Registry of Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information must be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34, Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-421,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Attachment to Order of Conditions #64-421 Page Jof Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest or successor in control of the property referenced in the Notice of intent, supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816),U.S.Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G.L.Ch.2 1 A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Slone Stabilization Plan to Accomvanv NOI,40 Clark Street. (Tule) June 22, 2006 (Dated) Scott Ian Patrowicz (Signed and Stamped by) City of Salem Conservation Commission (On fde with) 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field,as to whether the �o Attachment to Order of Conditions #64-421 Page lof change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number_as indicated shall continue in force beyond the Certificate of Compliance, in perpetuity,and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work,and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be twenty(20)hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; the Commission may require additional measures. 23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. Attachment to Order of Conditions # 64-421 Page 4'of 5 27. Within thirty(30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two(2)months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A,section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built'plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: y Attachment to Order of Conditions # 64-421 ' Page Sof I (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-'work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order, 40. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions, the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. I PIT 1�1 l�,I 4 ' L / I'�_ t vis �yh,, � y� S �„Y. �z�� v33 s iio,; .i k ,k'�.v3t ,{,L 'H i. cb^' $ " Y•r`��y t`11 �d: 24 1� max•. sok E� ? � `�d#?e-"Y"� _,,. /x•36` y,; � ri :.A� �y 'R"`Ai s.�' .siFP +g„.,rlev -Y �y.— ��sfs"r•s C P.J 1.T CITY OF SALEM CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a public hearing for a Notice of Intent under the Wetlands Protection Act,Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of the George & Gail Fialho, 40 Clark Street, Salem,MA 01970. The purpose of the hearing is to discuss the proposed slope stabilization within a buffer zone to a BVW at 40 Clark Street. This hearing will be held on Thursday,June 8,2006 at 6:00 pm in City Hall Annex,Room 313, 120 Washington Street. Kevin P. Cornacchio T Chairman Please print legal ad on: June 1, 2006 Please send bill to: Scott Patrowicz Patrowicz Land Development Engineering 14 Brown Street Salem, MA 01970 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM .�� CITY OF SALEM ' CONSERVATION COMMISSION June 27, 2006 Gail& George Fialho 40 Clark Street Salem, Massachusetts 01970 Re: Order of Conditions DEP#64-421—40 Clark Street, Salem, Massachusetts Dear Mr. & Mrs. Fialho: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (after July 2, 2006) and prior to starting any work on site, this document must be recorded at the Essex County Registry of Deeds (36 Federal Street, Salem, MA). Please fill out and return the Recording Information on page 9 of the Order of Conditions, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 745-9595 x 311. Sincerely, TFan Taormi er /Hat or Coordinator enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM I G r tir fi r..�• Y � .�,� ' 'a-1�` � .�{r Gia ," .,y ., tS.`.`yip V 'n4R i =h �$y}•M14. r [,. �'e ` �— 4�-\ ]-� i '�..n, Xv- . • �+r 1 iC1�� .` �@ '� 1""11'"•1 'Y`�<4,t• ,l��' t y � .� y .��—« 5 q'� u �,�}X.. T� G4 c -1 I \ �'1 NL a.f•�` a"�lY�t«ql ;� :sem d '-t4•�s��, t`'vr�T' 9a: „�: Ytsv a� �I J .Yn. s yyaery� yai �S rgsp IF Ell Qo - P� <ir to i I L ' 5 I ' ar a xjs6 `� j �+ii77 A < 1 � * 1 T f� � � ✓ I .'� Yui .{" �. ,•)`f.}'' µ y..y No' �! `�.k tr'.• v;. s.".Zr � _ yC_ �a�{' t S P�n�et � �t1Nt:. �` i+��X}• T1Lt'•"�Y k Y al ..s�s��'��.Y�la��]$<b��"p3j�f}'/� `�Y�G • W,i WEE ^3.ROSY h Q+� Lptygq lb"�yarT� �v` ,yi •t�cbki �.` � L ` F `b�� c .LR.�."v� y1 �T \\ MQ �R"»�n T;- � r�� 6 1 � ♦.M1,� is <iF y • } rgym.;__ !' �k �Wir r _ i 'rG f :5.. 1 1 .1- L -ir'4 ~ ci�s - xi 1*2 7 ♦^ vrI {��nM �-" N#'fir Y�� 1 �� y ��,x�� —�•. ^� goy- IV -'� ... i ♦a n$� f. r COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 MITT ROMNEY ��® STEPHEN R.PRITCHARD Governor Secretary KERRY HEALEY JUN 0 9 2006 ROBERT W.GOLLEDGE,Jr. Lieutenant Governor Commissioner DEPT. OF PLANNING& COMMUNITY DEVELOPMENT DEP File# 064-0421 RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM DATE: 6/6/2006 10:14 AM (city/town) The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act(M.G.L. c. 131, §40): Applicant: Gail & George Faiho Owner: Address: 40 Clark Street Address: SALEM,MA 01970 LOCUS: 40 Clark Street IF CHECKED,THE FOLLOWING ITEM(S)APPLY TO THIS NOTICE OF INTENT: A.-(X)-This project has been assigned the following file# : 064-0421 Although a file kis issued-please-note the following: — —. - (The 1:2 riprap slope is too steep.-Applicant should change design to provide a,1:3 slope.-Why cant t this slope be vegetated instead of ripraped� L-C..O Other Regulatory Jurisdiction 1. 0 Application has been forwarded to Waterways Regulatory Program to determine if a Chapter 91 License is required. 2. () Applicant is advised to forward a copy of the Notice of Intent to the Corps of Engineers for review(call 1-800-362-4367 for information). D. 0 401 Water Quality Certification The project described in your Notice of Intent requires a 401 Water Quality Certification from the Department of Environmental Protection and may require submittal of a 401 application form. See below for further details: 1. 0 Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality Certification application form is not required. The Department has reviewed the plans submitted by the applicant and finds that there is reasonable assurance that the project or activity will.be conducted in a manner that will not violate the Massachusetts Surface Water Quality Standards,provided that: a) the applicant receives and complies with a Final Order of Conditions from the local conservation commission or the Department; This Information is available 1.alternate format.Call Donald M.Games,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://w .mass.gov/dep ZJ Printed on Recycled Paper b) The Order of Conditions does not cause the loss of more than 5,000sq.ft. of bordering vegetated wetlands and land under water and/or the dredging of more than 100 cubic yards of land under water; c) any loss of vegetated wetlands has been mitigated with a minimum replication of 1:1; and is not part of a subdivision; does not cause the loss of any Wetlands designated as d) The project is not exempt from the M.G.L. c. 131, §40-the Wetlands Protection Act; Outstanding Resource Waters; and does not cause the loss of any salt marsh. Therefore,provided that the above conditions are satisfied,the Final Order of Conditions will serve as the Water Quality Certification for this project. This does not relieve the applicant of the duty to comply with any other statutes or regulations. 2. ()Before the activity described in the Notice of Intent can commence,you must obtain a Water Quality Certification form from this Regional Office. Please complete the enclosed 401 Water Quality Certification application form and file it with this Regional Office for review. 3. ()Your project involves dredging of greater than 100 cubic yards of material or requires a permit from the Federal Energy Regulatory Commission for work in"waters of the Commonwealth." Therefore,your proposed project is subject to 314 CMR 9.00 and requires a Water Quality Certification. Please complete the enclosed 401 Water Quality Certification application form and file it with the Department of Environmental Protection,Waterways Program,and One Winter Street,Boston,MA 02108. Contact the Division of Waterways program at 617-292-5655 if you have and questions. For more information please contact: Ms.JILL PROVENCAL @(978) 694-3250 or at 978 694- 2224. Cc: Conservation Commission: Salem Conservation Commission,City Hall 1 Salem Green C� CITY OF SALEM CONSERVATION COMMISSION April 3, 2006 Via Certified Mail: #70051820 0000 87951476 Mario George Fialho 40 Clark Street Salem, Massachusetts 01970 Re: Enforcement Order—40 Clark Street, Salem,Massachusetts Dear Mr. Fiahlo: Enclosed you will find an Enforcement Order for the above referenced property. As the Order states, you must install hay bales and silt fencing at the toe of the stockpiled earth/boulder slope and contact me following installation so that I can inspect and approve the said erosion control measures. Once you have installed the erosion control measures you are then directed to cease and desist from any further activity on your property and file the enclosed Notice of Intent (NOI) with the Commission on or before May 25, 2006 or the Commission will begin levying fines of $200 a day until a Notice of Intent is received by the Commission. Should you have any questions regarding this matter I can be reached at (978) 745-9595 extension 311. Sincerely, VWV rank Tao na Planner/Harbor Coordinator Enclosures Cc: Salem Conservation Commission DEP-Northeast Regional Office 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM ra Ln M1 FFICIALr.,s _-SE m Postage p V� a- p CeNfled Fee A- �q M Rehm Receipt Fee may. P Hare (EMorsemem Required) M 'tIcted Dell, F9e N (Endorsement Regolred) / �DN�n1 � (� Totes Postage&Feas $ qo LI aq L S9. F•U. t!) C3 ent To oriPO i1 xNo..;-- 20 �g -ell r4, -- orPOBoxNo- --------------------`-".. . -.-.--.--.-----.----..--.-.------..-. Clly State,MP+M1 r O/� :rr ,r Certified Mail Provides: ■ A mailing receipt teamaalzoozava r'ooes w+ou sd • A unique identifier for your mailplece ■ A record of delivery kept by the Postal Service for two years ImportantIN d Mall may ONLY be combined with First-Class Mails or Priority Mail®, Is Certified Mail Is notavallable for any class of International mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,Please=skier Insured or Registered Mail. • Foran additional fee a Refum Racelpott maybe requested to provide proof of delivery.To obtain Reium Receipt service,please complete antl attach a Retum Receipt(PS Form 8811 to the article and add applicable postage to cover the fee.Endorse mailpiece Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mall receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorizedanent.Advise the clerk or mark the mailplecr with the endorsement'ResuktetldDDee ■ If a postmark on the Certified Man receipt is desired,please present the eN- cle at the post orrice for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affm label with postage and mail. IMPORTANT:Save this receipt andpresent it when making an Inquiry. Internet access to delivery Information is not available on mall addressed to APOs and FPOs. l Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important This Enforcement Order is issued b When filling out y' forms on the SALEM April 3, 2006 computer,use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Mario George Fiahlo return key. Name of Violator yj`n 40 Clark Street V °0� Address 1. Location of Violation: Property Owner(if different) 40 Clark Street Street Address Salem 01970 City/Town Zip Code MAP 7 LOT 0003 Assessors Map/Plat Number Parcelll-ot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): Placement of fill and boulders along an existing slope to create a retaining wall or boulder rip-rap slope and the removal of buffer zone vegetation within a buffer zone to a Bordering Vegetated Wetland and Intermittent Stream. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40)and its Regulations(310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated pefo msa.dw•rev.7/1494 Page 1 of 3 r Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 9A — Enforcement Order provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 File Number Condition number(s) B. Findings (cont.) ❑ Other(specify): C. Order The issuing authority hereby orders the following (check all that apply): ■ The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. N Complete the attached Notice of Intent.The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before rl �i 2°D6 Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act. The property owner shall install hay bales and siltation fencing at the toe of the stockpiled earth/ boulder slope. Once hay bales and silt fencing is installed the property owner shall notify the Conservation Agent at 978-745-9595 ext 311 to inspect and approve said erosion control measures. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section(a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years,or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation'. Each day or portion thereof of continuing violation shall constitute a separate offense. Pegg 2 013 yyffiOmfJe.Aoc-rev.7/14104 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Frank Taormina Planner/Conservation Agent Name (978)745-9595 ext 311 Phone Number Monday Wednesday 8am-4pm Thursday Sam-7pm Friday 8am-12pm(noon) Hours(Days Available Issued by: Salem Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signa s: r •to`'�� IwS /820 0000 8795 H76 Signature of delivery person or certified mail number Pepe 3 of 3 wpeformpe.eec•rev,7114104 I JF .. Xu � CITY OF SALEM �' CONSERVATION COMMISSION TT VTr%TT FARM PROJECT LOCATION: yo 6Q8--< DATE OF SITE VISIT p PROJECT PROPONENT: � k'60 G0vc'4- / Z0 DEP FILE NUMBER: PROPOSED WORK: I&J I I„ WQ ll S/C-w IN ATTENDANG•:,A�., � �, � s,4,b��" ,_ .. x -x• ;s:. "'�, ::,� ,��:..� .ick*"," Commission Members/Agent. Abutters: Applicant/Property Owner/Representative: µag•,,}x,,;; ��... F 'r l. H".:ik�4s"y,�`?,: .`�.t'�e"rs-`o#'s�3: a �,<"';r `s�'�T�' a'"' ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation F-1 Notice of Intent ❑Certificate of Compliance IffEnforcement/Violation ❑Emergency ❑ Informal ,AREASOF]URISD I. ...-�`�+' a'�u .4nv;�s, ,H.o..n:a. — -.a.✓r.,:$ ,x.:J.®:,.�.:t::s. INLAND RESOURCE AREAS '�` COASTAL RESOURCE AREAS i Bank ❑ Land Subject to Coastal ❑Land Under the Ocean Storm Flowage Bordering Vegetated Wetland j ( ❑ Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding ❑ Coastal Dune ❑ Barrier Beach Eland Under Water Bodies or Waterway j; Name. ij ❑ Coastal Bank ❑Rocky Intertidal Shore it ❑Riverfrom Area j ❑ Salt Marsh ❑Land Under Salt Pond it ❑Veinal Poolsj; ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run I 11 ❑ Bordering Vegetated Wetland in Coastal Area i' 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM ❑Water Body 00 Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑ Coastal Dune gINTERESTS PRO.T.ECTED:•. a ' "Protection of Water Supply Protection of Groundwater Supply Flood Control 13 Storm Damage Prevention Prevention of Pollution Protection of Fisheries It Protection of Wildlife Habitat ❑ Protection of Land Containing Shellfish Is this an exempt project:If so,why? Are resource area boundaries delineated correctly? If not,explain. 12 qpw Photos ❑ Site Map ❑ Other: OBSERVATIONS: =17 r- - M M11 Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. //y� (AC --....� r-..�.�...�.r e�..,^^+A.-r<a 4 m.y�i[.�.y.a.r+n+T•'eRYs+larfn n'-in.P m".�is Rf 17EIVE - MW 2 5 2006 ■ � DEPT, 0 `'LANNING$ • LAND DEVELOPMENT ENGINEERING COMMUNITY DEVELOPMENT May 24, 2006 • City of Salem Conservafion Commission 120 Washington Street-Third Floor Salem, MA 01970 RE: Notice of Intent Application Slope Stabilization (Buffer Zone work) #40 Clark Street, Salem, MA Assessor's Map 7, Lot 3 PLDE#06-15 • Dear Commission Members: On behalf of my client: George and Gail Failho(land owner and applicant), I respectfully request that you review the attached Notice of Intent application to allow for slope stabilization for the back • yard of an existing single-family house. All work is to be performed in a buffer zone. The nearest wetland resource area is a Bordering Vegetated Wetland (shown on the attached Site Plan). I respectfully submit seven (7) copies of the Notice of Intent application to include the following: •NOI Application (WPA Form 3), •NOI Wetland Fee Transmittal Form, *List of abutters(prepared by Salem Assessor's), •Abutter Notification Form, •USGS Locus Map, •Salem GIS Locus Map, •Plan entitled: "Slope Stabilization" prepared by PLDE dated May 24, 2006, • •Copy of check for$42.50 (NOI filing fee made payable to the Commonwealth of Mass), •Check for$67.50 (NOI filing fee made payable to the City of Salem). It is my understanding that I will notify the abutter's (from the list of abutters provided to me by your office)via certified (RRR) mail with the attached Abutter Notificabon Form. I will submit the"green cards" (RRR)to the Commission the night of the public hearing. It is also my understanding that • you will prepare the legal advertisement and will submit it to the Salem Evening Newspaper for publication of the hearing date. I will receive the invoice for the legal advertisement. One copy of the above NOI package is being sent to DEP-Wetlands, Northeast Regional Office, 2058 Lowell Street, Wilmington, MA 01887. The NOI Wetland Fee Transmittal Form and the State • portion of the filing fee is being sent to DEP, P.O. Box 4062, Boston, MA 02211. 14 Brown Street, Salem, Massachusetts 01970 Cell: 978-836-6400 Fax: 978-745-4110 Email: scott.patrowicz@verizon.net • Thank you for taking this matter under consideration. We look forward to the public hearing on June 8, 2006. If you have any questions, please do not hesitate to call me. • Since*atrovWAcz, PATND DEVELOPMENT ENGINEERING �i Scott • I• • cc.Gail and George Failho w/attachments cc.DEP-Wetlands, Northeast Regional Office • PATROWICZ LAND DEVELOPMENT ENGINEERING Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town Important: When filing out A. General Information forms on the computer,use 1. Project Location (Note: electronic filers will click on button for GIS locator): only the tab key to move your 40 Clark Street Salem 01970 cursor-do not a. Street Address b. City/Town c.Zi Code use the return y P key. Latitude and Longitude: d. Latitude e. Longitude Map 7 Lot 3 f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: Gail and George Failho a. First Name b. Last Name c.Company Note: 40 Clark Street Before d;Mailing Address completing this Salem MA 01970 form consult your local e. City/Town f.State g.Zip Code Conservation 978-745-4125 Commission h. Phone Number i. Fax Number j.Email address regarding any municipal bylaw 3. Property owner(if different from applicant): ❑ Check if more than one owner or ordinance. a. First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code h. Phone Number L Fax Number j.Email address 4. Representative (if any): Patrowicz Land Development Engineering a. Firm Scott Patrowicz, P.E. b.Contact Person First Name c.Contact Person Last Name 14 Brown Street d. Mailing Address Salem MA 01970 e.City/Town f.State g.Zip Code 978-836-6400 978-745-4110 scott.patrowicz@vedzon.net h. Phone Number L Fax Number - j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110 $42.50 $67.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid • 6. General Project Description: The owner proposes to stabilize a slope in the back yard of an existing single-family house (within a buffer zone to a BVW) wpaform3.doc•rev.4/12/06 Page 1 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem ' !! City/Town A. General Information (continued) 7. Project Type Checklist: • a. ® Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ❑ Dock/Pier f. ❑ Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry i. ❑ Transportation j. ❑ Other • 8. Property recorded at the Registry of Deeds for: Essex 13640 a.County b.Page Number 479 c. Book d.Certificate#(if registered land) 1 , 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑ Yes b. ® No If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the • 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. 10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ® Yes-answer 11 below, then skip to Section C. b. ❑ No-skip to Section B. • 11. Buffer Zone Setback— For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): a. ®QVW b. ❑ inland bank c. ❑ coastal resource area • The distance between the closest project disturbance and the associated resource area is: 2 d. linear feel • wpaform3.doc•rev.4/12/06 Page 2 of 7 Massachusetts Department of Environmental Protectiony EP: Provided DER Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem cityrrown B. Resource Area Effects 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document tfanSBClIOn a. ❑ Bank 1. linear feet 2. linear feet number b. ❑ Bordering Vegetated (provided on Wetland 1.square feet 2.square feet your receipt page)with all c. ❑ Land Under 1.square feet 2.square feet supplementary Waterbodies and information you Waterways 3.cubic yards dredged submit to the d. ❑ Bordering Land Department. Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced ❑ For f. ❑ Riverfront area 1.Name of Waterway(if available) projects impacted by 1. Width of Riverfront Area (check one): the riverfront area and a ❑ 25 ft. - Designated Densely Developed Areas only buffer zone of another ❑ 100 ft. - New agricultural projects only resource area, add ❑ 200 ft. -All other projects 50%to the total fee. 2. Total area of Riverfront Area on the site of the proposed project: Square Feet 3. Proposed alteration of the Riverfront Area: a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 ft.and 200 ft. 4. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 5. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No • wpafonn3.doc•rev.4/12/06 Page 3 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem r Cdy/rown B. Resource Area Effects 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement (if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number �P(provided on b. ❑ Land Under the Ocean 1.Square feet your receipt page)with all 2.Cubic yams dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you c. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1.Square feet 2.Cubic yams beach nourishment e. ❑ Coastal Dunes 1_Square feet 2.Cubic yards dune nourishment 410 f. ❑ Coastal Banks 1, Linear feet g. ❑ Rocky Intertidal Shores 1.Square feet h. ❑ Salt Marshes 1.Square feet 2.Sq ft restoration, rehab.,or creation 0 i. ❑ Land Under Salt Ponds 1.Square feet 2.Cubic yams dredged j. ❑ Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. . k. El Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yams dredged i. ❑ Land Subject to Coastal 0 Storm Flowage 1.Square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 0 10.24 or 310 CMR 10.53? a. ❑ Yes ❑ No If yes, describe which limited project applies to this project: b. Limited Project 0 wpaform3.doc•rev.4/12/06 Page 4 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem 0 Co town C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP 4D Include your (attached) document transaction 2. ❑ DEP BVW Field Data Form (attached) number (provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) your receipt page)with all 4. ® Other Methods for Determining the BVW Boundary (attach documentation): supplementary information you a. ❑ 50% or more wetland indicator plants submit to the Department. b. ❑ Saturated/inundated conditions exist c. ❑ Groundwater indicators d. ® Direct observation For all projects affecting other e. ❑ Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative 5. Other resource areas delineated: In explaining hesue� ow D. Other Applicable Standards and Requirements area was delineated. 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ❑ Yes M No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 2003 Route 135, North Drive July 1 b. Date of Map Westborough, MA 01581 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ElYes M No If yes, include proof of mailing or hand delivery of NO] to: 40 Division of Marine Fisheries-Southeast Marine Fisheries Station 50A Portside Drive Pocasset, MA 02559 b. ❑ Not applicable—project is in inland resource area only . 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. El Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC wpaform3.doc•rev.4/12/06 Page 5 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown D. Other Applicable Standards and Requirements Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? document transaction a. [-IYes ® No number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page)with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ❑ Yes ® No If yes, describe which exemption applies to this project: submit to the Department. b. Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No If yes, stormwater management measures are required. Applicants should complete the Stormwater • Management Form and submit it with this form. b. If no, explain why the project is exempt: back yard of a single-family house project • E. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users:Attach the document transaction number(provided on your receipt page) for any of • the following information you submit to the Department. 1. ® USGS or other map of the area (along with a narrative description, if necessary) containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. ® Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVWj replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). 4. ® List the titles and dates for all plans and other materials submitted with this NOI. 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. • 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. a. ® Attach NOI Wetland Fee Transmittal Form s. ❑ Attach Stormwater Management Form, if needed. wpafonn3.doc•rev.4/12/06 Page 6 of 7 ! Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transactio Number ! Salem City/rown F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and NOI Wetland Fee Transmittal Form). No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland ! Fee Transmittal Form)to confirm fee payment: -0 k-I 5 T I 5^) ti—F l o b 1.Municipal Check Number 2.Check date 3.State Check Number 4.Check date ��I ,, ( OEcx� ('-/>•1 t -1'1 C> ! 5. Payor name on check: First Name 6. Payor name on check: Last Name G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the ` expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail (ret rn re pt r quested)to all abutters within 100 operty line of the project location. ��H OF M4 5/24/06 ! Si n ure of Applicant 61 c'p2 Date SCOTT IAN 5 - PATROWICZ m Signature of Property a (d d" rent) CIVIL -, Dale ,9 No.33656 O y 5/24/06 Signature of R resent a(if any) Date For Conservation Commission: bl rm `�SrONALENs�� Two copies of the completed Notice of Intent(Fo3), upporting plans and documents;two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the cityttown fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents,one copy of • pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to the DEP Regional Office(see Instructions) by certified mail or hand delivery. (E-filers may submit these electronically.) Other: If the applicant has checked the"yes" box in any part of Section D, Item 3, above, refer to that section and the Instructions for additional submittal requirements. ! The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. 0 wpaform3.doc•rev.4/12/06 Page 7 of 7 0 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands El NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. Applicant Information When filling out forms on the 1. Applicant: computer, use only the tab Gail and George Failho key to move a. First Name b. Last Name c. Company i your cursor- 40 Clark Street do not use the d.Mailing Address return key. Salem MA 01970 e. City/rown f.State g.Zip Code 978-745-4125 • h. Phone Number 2. Property Owner(if different): a. First Name b. Last Name C. Company . d.Mailing Address e.Cityrrown f.State g.Zip Code h. Phone Number 3. Project Location: 40 Clark Street Salem a.Street Address b.City/town To calculate B. Fees filing fees, refer • to the category Notice of Intent(Form 3)or Abbreviated Notice of Intent(Form 4): fee list and examples in the The fee should be calculated using the following six-step process and worksheet. Please see instructions for g g p filling out WPA Instructions before filling out worksheet. Form 3(Notice of Intent). Step I/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per category(identified in Step 3) to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5rrotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. Wpalmm3.dm•NOI WellarW Fee Trammel Farm•rev.311/05 Pape 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step Irrype of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee Slope Stabilization (back yard of an 1 $110 $110 existing single family house) i• Step 5/Total Project Fee: $110 Step 6/Fee Payments: Total Project Fee: $110 a.Total fee from Step 5 State share of filing fee: $42.50 • b. 112 total fee less E12.50 Cityrrown share of filling fee: $67.50 c. 112 total fee plus$12.50 C. Submittal Requirements O a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form, and the city/town fee payment. c.) To DEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of • Intent may submit these electronically.) Wpatorm3.doc•N01 Wetland Fee Transmittal Fonn•rev.3/1/05 Page 2 of 2 • • L. GAIL FIALHO 05.98 53-179/113 4572 M. GEORGE FIALHO 0035432 40 CLARK ST. PH.508-745-4125 SALEM,MA 01970 LUTE sRDER .� $ IL.G�✓ • J DOLLARS Eastern Bank ' E �o1hC_e_Q7TP ., 4? 2• 1:01130179BI: 00 3543 45 • AM L. GAIL FIALHO os-98 53-179/113 4571 M. GEORGE FIALHO 0035432 40 CLARK ST. PH.508-745-0125 DATE SALEM,MA 01970970 E a ORD OF o Eastern Bank ? E swu4vscon,rwmao> 1 %A EA$TFWLp9s1pm0enh mn 1:0113017981: 00 3543 4571 • • • E ParcellD Location Owner Co-Owner Mailing Address City State Zip 05-0007-0 CLARK AVENUE DRISCOLL BARBARA ET AL 18 WALLACE ROAD LYNN MA 01901 07-0002-0 44 CLARK STREET VIZCAI NO JOSE M MARCHAND MICHELLE D 44 CLARK STREET SALEM MA 01970 07-0003-0 40 CLARK STREET FIALHO M GEORGE FIALHO L GAIL 40 CLARK ST SALEM MA 01970 07-0004-0 38 CLARK STREET LEBLANC PAUL J PAULETTE 38 CLARK ST SALEM MA 01970 07-0034-0 39 REAR CLARK STREET NOBILE FRANK LOIS A 39R CLARK STREET SALEM MA 01970 07-0035-0 39 CLARK STREET LACHANCE FRANCIS A NOELLA R 39 CLARK STREET SALEM MA 01970 07-0036-0 41 CLARK STREET NOBILE LOIS A 39R CLARK STREET SALEM MA 01970 07-0037-0 45 CLARK STREET OWENS PHILIP A OWENS ANGELA R 45 CLARK ST SALEM MA 01970 07-0038-0 47 CLARK STREET GIAMATTEI JOHN L GIAMATTEI NANCY M 47 CLARK ST SALEM MA 01970 07.0076-0 42 CLARK STREET GAGNE LORRAINE M 42 CLARK STREET SALEM MA 01970 End of Report • • ABUTTER NOTIFICATION FORM • DATE: May 24, 2006 REGARDING: Salem Conservation Commission Public Hearing Notice To Whom It May Concern: As an abutter within 100-feet of the proposed project, please be advised that a NOTICE OF INTENT application has been filed with the City of Salem Conservation Commission under the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Ordinance. APPLICANT: Gail and George Failho • PROJECT LOCATION: #40 Clark Street, Salem, MA ASSESSOR'S MAP: 7 LOT: 3 PROJECT DESCRIPTION: Proposed stabilization of a slope for an existing single family house. All work is to be performed in a buffer zone to a Bordering Vegetated Wetland resource area. • PUBLIC HEARING DATE & TIME: June 8; 2006 at 6:00 PM PUBLIC HEARING PLACE: Salem City Hall Annex, 120 Washington Street, Third Floor NOTE: You may consult a copy of the SALEM EVENING NEWS for information regarding the time and date of the public hearing. You may contact the Salem Conservation Commission at 978- 745-9595. Plans and the Notice'of Intent application describing the proposed work are on file with the Salem Conservation Commission located at Salem City Hall Annex, 120 Washington Street, Third Floor, Salem, MA 01970. Phone: 978-745-9595. You may also contact the Massachusetts Department of Environmental Protection, Northeast Regional Office, 205B Lowell Street, �• Wilmington, MA 0188T Phone: 978-694-3200 for more information about this application and/or the Wetlands Protection Act. • • • �►�� fr.��]p� �® � �c �� . �,, rte, Fall 1��..1.a. Is NO -�.ra • 1� ., . - 71� - ,�� r� � 1 . l!I�$ VAR' \fez UP I PdANVIN.,IMI WNW ml INS �///!/(!•'�Lj�61 b WE Mi / ®R ,AVW-Ml FORM RNMid Kw r-' R10 ,° �r•IR � i NO mg vog allo�?"r.; 1 �MARik �=��"sem � o P a, • • t�of�i ��'+� e �9C$ IrAllift O Nor s�- P ❑ • � eE, ��0�0 �8 114 • �ROAD�,14$ p.e e L • �� Nobe��b ` �, i ori 0 PATROWICZ LAND DEVELOPMENT ENGINEERING r 4• 1,700 SF PLANTED AREA 3:1 (H:V) SLOPE WITH INDIGENOUS SPECIES: HIGH �� #40 CLARK STREET BUSH BLUEBERRY AND OTHER NATIVE SHRUBS (30 MINIMUM), GROUND N/F GAIL & GEORGE FAILHO ' COVER (300 SPRIGS MINIMUM). SPREAD GRASS SEED AND HAY MULCH TO PLANTED LAWN w NAP 7, LOT 3 MINIMIZE EROSION. REPAIR EROSION AS REQUIRED BY HAND GRADING AND (MOWABLE SLOPE) t;\' BOOK 13640, PAGE 479 RE-SEEDING. 3 to 10 MATCH EXISTING LAWN AREA ps / GRAPHIC SCALE I 1 10 0 5 1D 20 40 EXISTING FILL ( IN FEET ) 1 inch = 10 ft. Qw \ EXISTING GROUND / #38 CLARK STREET INSTALL 4'LOAM MIN N/F PAUL & PAULETTE LEBLANC � MAP 7, LOT 4 AoRI 1 COMPACTED GRAVEL FILL (MHD M1.01.0) Re A,00T �j U 5 r 9 0 E O o K tdE U1 +b 4O .�� \ ----107, cVV� \ BORDERING VEGETATED WETLANDS • ° Opti #42 CLARK STREET - �° N/F LORRAINE GAGNE R «,- ,a v �, �I NAP 7, LOT 76 e i qn HAYBALE/SILT FENCE \ 8 /o I 1 w� EROSION CONTROL SLOPE STABILIZATION CROSS- SECTION ; , .\°� - Rq f NOTES \ Q� 1. LOCUS IS SHOWN ON SALEM ASSESSOR'S MAP 7, LOT 3. DEED REFERENCE: BOOK 13640, PAGE 479. \ REGRADED, LbAMED LAWN AREA' a" ° s , /° PLAN BOOK 264, PLAN 5. 2. TOPOGRAPHY PER ACTUAL ON-THE-GROUND SURVEY BY NORTH SHORE SURVEY CORPORATION, MAY, 2006. 3. ELEVATIONS SHOWN ON THIS PLAN ARE NOT BASED ON NGVD OF 1929 DATUM. TEMPORARY BENCHMARKS HAVE BEEN SURVEYED ON THE LAND AS FOLLOWS: TBMµ1: ELEVATION = 104.92 BASEMENT FLOOR STAKE HAYBALE TWO 3' LONG STEEL REBAR \ ` ^ 4. THIS PLAN DOES NOT SHOW ALL UTILITY LINES (AND/OR UNDERGROUND CONDUITS) SINCE FIELD SURVEY OR 2'x2' WOOD STAKE LOAM (6' MIN.) AND SEED ' ( \ \ \ os I i > �� WAS PERFORMED ON VISIBLE ABOVE-GROUND STRUCTURES ONLY. THE LOCATIONS OF EXISTING UNDERGROUND B� o Rz ALL DISTURBED AREAS / ^_ \ /; j \ \ \ ` I \ \ UTILITY LINES SHOWN ON THIS PLAN ARE APPROXIMATE BASED ON THE BEST AVAILABLE INFORMATION GIVEN o / \ \ ` \ \ ' , I I _ TO PUDE AT THE TIME OF THE PREPARATION OF THIS PLAN. PRIOR TO ANY SITE WORK, THE SITE AL % __ __ i I /�„' ' I I I a CONTRACTOR SHALL NOTIFY DIG-SAFE AND VERIFY LOCATIONS OF ALL UTILITY LINES ON THE SITE AND ss / - I '� REMOVE EXISTING BOULDERS / ADJACENT TO THE SITE WITHIN THE AREA OF THE SCOPE OF WORK. PRIOR TO CONSTRUCTION THE SITE COMPACTED / � . I I o I ( ` / ,`` o O BORROW / ' I / CONTRACTOR SHALL VERIFY (AND/OR DETERMINE) ALL INVERTS AND ELEVATIONS OF PIPES (THAT ARE wm DIRECTION •/ �__ ` W ` ` CROSSING ANY PROPOSED UTILITIES) TO INSURE THERE ARE NO CONFLICTS WITH EXISTING UTILITIES. M w o / OF FLOW HAYBALE _g // II / / -Y `� , \ \ ADJUSTMENTS TO THIS PLAN (IF REQUIRED) SHALL BE PERFORMED BY PLDE (WITH CLIENT WRITTEN WETLANDS ® N? o WETLANDS �I� UNDISTURBED BURIED 4 +B ,,,� I 1/ ,/ / \�% \ .�o \\ AUTHORIZATION) AFTER NOTIFICATION FROM THE SITE CONTRACTOR BASED ON ACTUAL FIELD LOCATIONS OF i m BUFFER �'-�' . .e5 / ( \ \ \ \f0 UTILITIES. PUDE IS NOT RESPONSIBLE (OR LIABLE) FOR ANY UNAUTHORIZED (BY PLDE IN WRITING) FIELD C m ' .- / _ \ �i \ 4� ` ��r �S CHANGES. PLDE IS ALSO NOT RESPONSIBLE (OR LIABLE) FOR ANY BROKEN (OR DAMAGED) UTILITY LINES �III� �5 Y 1• / I -� \ \ o? \ _ :a�" BEFORE, DURING OR FOLLOWING SITE EXCAVATION/CONSTRUCTION. 'U COMPACTED CROSS-SECWN A ;' I \ \ \ \ ry `, / ` 1 \\ \\ \\ , aE� 0 0 5 \\ 5. ANY AND ALL CONSTRUCTION METHODS, MATERIALS AND INSTALLATIONS/DEMOUTIONS SHALL COMPLY WITH BORROW e e'o- e \mak �i �' `� ' �JL _,ice o NOTE: CONTRACTOR SHALL BE RESPONSIBLE FOR INSURING EROSION EXISTING ROCK PILE "`�y ' '� / \ \ \ \ \ `\ \ 3�' \ - ALL LOCAL AND STATE BUILDING CODES, LOCAL PUBLIC WORKS DRAIN LAYERS IMANUAL (IF APPLICABLE), 000000 // CONTROL DIKE IS AT ALL TIMES, IN GOOD OPERAYING CONDITION. N5 , \ \� �\ \\ \' o,\ \ \ \� / LOCAL DPW/ENGINEERING DEPT. SPECIFICATIONS AND CONDITIONS, MASS. HIGHWAY DEPT. SPECIFICATIONS, AND DETERIORATING HAYBALES SHALL BE REPLACED. POROSITY OF e \ \ \\ \ 8 \ _ \\ GOOD ENGINEERING/CONSTRUCTION PRACTICES FOR SOLID/PERMANENT AND AESTHETICALLY PLEASING PLAN HAY13ALES SHALL BE MAINTAINED TO INSURE RUNOFF IS BEING \ `� \ `� \{ZELOC TE \ o� o i PROPERLY FILTERED. EROSION UNDER OR AROUND THE HAYBALES \ CONSTRUCTION. AS PART OF CONSTRUCTION, IT IS THE RESPONSIBILITY OF THE SITE CONTRACTOR TO RECTIFY IS STRICTLY PROHIBITED. s, \ \ \ \ \o \ \ 4 - ANY DESIGN DEFICIENCIES FOUND ON THIS PLAN BY THE CONSTRUCTION OF ANY REQUIRED IMPROVEMENTS TO /w\ \ PLAN AREA\� \ � \ a \ - �90 -'a * ,1,700±SF a - \ \ \' \ N. COMPLY WITH LOCAL/STATE BUILDING CODES, MHD SPECIFICATIONS AND ABOVE MENTIONED REQUIREMENTS FOR maeg Q y \ \ 8\ CONSTRUCTION. AS PART OF THE CONTRACT FOR CONSTRUCTION, IT IS THE RESPONSIBILITY OF THE SITE HAYB ALE EROSION CONTROL ( LIMIT 0 F WORK) �, \ h \ , , \ s �� CONTRACTOR AND/OR BUILDING CONTRACTOR, TO ADHERE AND CONSTRUCT IMPROVEMENTS IN ACCORDANCE \\ \ \\ �� \ \\ \\ss �\ \ \ \\ \ \ '� _ WITH ALL PERMIT CONDITIONS ISSUED BY THE STATE AND THE LOCAL TOWN/MUNICIPALITY. ' Not To Scale INSTALL 76 LF 5 2:�,�M \\ � �� \\ \ �._ \ � \ \ � HAYBALES EROS)QN 0y e \\ \ ``\' 1k, \ \ \ ` \ \ \' \ \ / °b 6. THESE SITE PLANS ARE NOT CONSTRUCTION DOCUMENTS. THESE SITE PLANS ARE INTENDED ONLY TO CONTROL (LIMIT';,1F ' \ \\ \ \ \ \` \ \ \ \\\ \ \ ' WORK LINE) \ ,\\ \ \ 8 \ \ \ \\ \ �` --- OBTAIN THE NECESSARY PERMIT APPROVALS FROM THE TOWN/MUNICIPAIJTY. FIELD DECISIONS WILL LIKELY BE r \` o\ .� \ -1- \\, ,� \ .\ MADE DURING CONSTRUCTION (BASED ON ACTUAL FIELD CONDITIONS) WHICH WALL SUPERSEDE THESE SITE .f w := `9i�\\\ \,.� � \ \ \\ \� �--��"\-\ \ , PLANS. ----------------- oC�T9T N; •�` \ \ \9� \ \ \� �f_ — - - ----- - . \ _ '°z-- g - U �D TYETLAA'DS '` + �\ �3 1� ��\ `• _` — — — — — — — — _ ``i00, PLANS FOR PERMITTING PURPOSES- ONLY ----------------- --- 14T \ - cNo' eaZg1 \cA 5 \ \ _- % Yam �\ \ \ -� — —> ' _ — �st INSTALL 75 LF 90-- HAYBALES _ O . 0a.o� a r' \ \ %e �f�\\\\\-�\ i ^rye i�� —\\, r '"' _ - 8e CONT OL (( IMIT ON �F /ONA Q � ., '' •.-- ---_ + - +B ` e CONTROL ;MIT OF 9 ST 1 6/22/06 REVISED PER DEP AND SALEM CC COMMENTS _ O g '�r - �4 EXISTING 1HAYBA S s� � �' - NO. DATE DESCRIPTION OF REVISIONS LU N v ©�L�Q �GD \•� BSS - - / / i - ez , • 0 o - C}o REMOVE FILL DIRT IN THISSLOPE STABILIZATION AREA, GRADE TO MATCH PRE- XISTING SLOPE, PLANT 3 :� ,o o �.� ��WITH NATIVE SPECIES_CUKE",Z _ —_ _ - - - PLAN TO ACCOMPANY � - o KIND TO EXISTING PLANTS.— — - �• aav NOTICE OF INTENT APPLICATION Y �` _•�� -------- at 9 '' - # 40 & # 38 Clark Street Y _ Salem, Massachusetts J �000 / Date: May 24, 2006 a PLDE#06-15 Scale: 1" = 10' Sheet 1 of 1 E Land Owners: Gail and George Failho 40 Clark Street, Salem, MA 01970 W PATROWICZ LOCUS C T T S ° 1000 / LAND DEVELOPMENT ENGINEERING a LOCUS PLAN FROM L C V GRAPHIC 14 Brown Street, Salem, MA 01970 gSALEM GIS SCALE: 1"= 1000' SCALE / (978) 836-6400 0 w s—a• I �W� PLANTED SLOPE WITH INDIGINWS SPECIES: #40 CLARK STREET HIGH BUSH BLUEBERRY (30 SHRUBS), GROUND wV4 N/F GAIL & GEORGE FAILHO ' COVER (200 SPRIGS). MAP 7, LOT 3 PLANTED LAWN \' BOOK 13640, PAGE 479 8-to• (MOW BLE SLOPE) MATCH EXISTING LAWN AREA O GRAPHIC SCALE ShAIN. '- - 3 to 10 10 0 5 to 20 .0 GRANITE BOULDERS PLACED ON A y -( CRUSHED STONE BED ON MIRAFl \_ w o FABRIC (140N) 1 inch FM ft. _—III=1 I I-III-III=1 —I 11 _ 2to3 II�IIIIII IIi I1-1I1=Iii—1I�;III=� � I wO4w d, INSTALL SMALLER BOULDERSI �- (1-3 FEET DIAMETER) ON TOPS'_ ' =III 38 CLARK STREET OF ROCK SLOPE # NIF PAUL & PAULETTE LEBLANC .q� d'� ,(/� 6'•�� _ - _ MAP 7. LOT 4 EXISTING GROUND 0 (3-4 FEET DIAMETER ON _ Rd Rj I �I I�� I III—I CHINQUE SMALL STONES IN INSTALL LARGER BOULDERS BETWEEN BOULDERS 100 p 1 10.9 BOTTOM OF ROCK SLOPE \ III III I INSTALL eLOAM MIN Nr; Yi'��?,gUF,�� 4 W � 1 to 2 •''� i 11 I—III '9TL•+D �TO •. ul ' +moo '� _•� � 1 II / - I COMPACTED GRAVEL FILL (MHD M1.01.0)F Cr EXISTING FILL �. -. \ ' /a — I'll, BORDERING VEGETATED WETLANDS = II �I — c ngAw� 709 40 �, � - �12'MIN DEPTH CRUSHED STONE BED III a III- t,MHD M2.01.1 2"MINUS) •;.•.,� I- - s `� II, #42 CLARK STREET j MIRAFl FABRIC (14ON) _ ^�• N/F LORRAINE CACNE _ MAP 7, LOT 76 �1� i �i5 1 .b 8• EROSION HAYBALE/SILT FENCE "III =I I = \ : \ P 'o I �„ \ OQw EROSION CONTROL _III fil =I I 1=I \ \ ' ; � �� , - „ . m__ �� - NOTES REGRADED, LOAMED LAWN AREA� ' ° I-I II I ILII=II - 5,3ootSF y6 �w J I. LOCUS IS SHOWN ON MARBLEHEAD ASSESSORS MAP 7, LOT 3. DEED REFERENCE: BOOK 13640, PAGE • t• / \ Q / 479. PLAN BOOK 264, PLAN 5. SLOPESTABILIZATION CROSS- SECTION • • �•.q° e1 y / / \\\ O1 2. TOPOGRAPHY PER ACTUAL ON-THE-GROUND SURVEY BY NORTH SHORE SURVEY CORPORATION, MAY, 2006. ' - / / \ Q� / 3. ELEVATIONS SHOWN ON THIS PLAN ARE NOT BASED ON NGVD OF 1929 DATUM. TEMPORARY BENCHMARKS Not To Scale ) - ^O-� a / / x� � � / i / � �� Q� M1, HAVE BEEN SURVEYED ON THE LAND AS FOLLOWS: 6 _ TBM#1: ELEVATION = 104.92 BASEMENT FLOOR 4. THIS PLAN DOES NOT SHOW ALL UTILITY LINES (AND/OR UNDERGROUND CONDUITS SINCE FIELD SURVEY WAS PERFORMED ON VISIBLE ABOVE-GROUND STRUCTURES ONLY. THE LOCATIONS OFEXISTINGUNDERGROUND STAKE HAYBALE i UTILITY LINES SHOWN ON THIS PLAN ARE APPROXIMATE BASED ON THE BEST AVAILABLE INFORMATION GIVEN TWO 3' LONG STEEL REBAR -ss- ` y,' �/ _ _ -' / OR Yx2� WOOD STAKE LOAM (6� MIN.) AND SEED r0 I / / ' ;�` USE EXISTING BOULDERS IN SLOPE TO PLDE AT THE TIME OF THE PREPARATION OF THIS PLAN. PRIOR TO ANY SITE WORK, THE SITE ALL DISTURBED AREAS `� ` ,='/ J ' / { STABILIZATION PROJECT: CONTRACTOR SHALL NOTIFY DIG-SAFE AND VERIFY LOCATIONS OF ALL UTILITY LINES ON THE SITE AND ADJACENT TO THE SITE WITHIN THE AREA OF THE SCOPE OF WORK. PRIOR TO CONSTRUCTION THE SITE CONTRACTOR SHALL VERIFY (AND/OR DETERMINE) ALL INVERTS AND ELEVATIONS OF PIPES (THAT ARE m� ) / • ty / +� \ CROSSING ANY PROPOSED UTILITIES) TO INSURE THERE ARE NO CONFLICTS NTH EXISTING UTILITIES. AIL ° � I - - COMPACTED +� �� - )4i�n �o� / �a\� ':n_'!:TMENTS TO THIS PLAN (IF REQUIRED) SHALL BE PERFORMED BY PLDE (WITH CLIENT WRITTEN 0 111 e DIRECTION = BORROW w t\ / --\R .I� ; ' I _ ' •/ .� �Of�` 'o AUTHORIZATION) AFTER NOTIFICATION FROM THE S;TE CON.RAGTOk B,%SEL ON ACTJAL FIELD -OCJ,rK:,NS Or ° / OF FLOW �Ro �.` ` I I / I I - I \ a . -b�` UTILITIES. PLDE IS NOT RESPONSIBLE (OR LIABLE) FOR ANY UNAUTHORIZED (BY PLDE IN WRITING) FIELD WETLANDS p _� - HAYBALE , '\'( 't / 'rq ` CHANGES PIDE IS ALSO NOT RESPONSIBLE (OR LIABLE) FOR ANY BROKEN (OR DAMAGED) UTILITY LINES WETLANDS __ UNDISTURBED - IANTED OPE AREA + �` o m ° BUFFER �� 4• (� +�r ` ` BEFORE. DURING OR FOLLOWING SITE EXCAVATION/CONSTRUCTION. EXISTING ROCK PILE; �� SOf SF, Toa_._ � - ° \ ` \ 5. ANY AND ALL CONSTRUCTION METHODS, MATERIALS AND INSTALLATIONS/DEMOUTIONS SHALL COMPLY WITH • ° COMPACTED CROSS—SECTION ' \� ALL LOCAL AND STATE BUILDING CODES, LOCAL PUBLIC WORKS DRAIN LAYERS MANUAL (IF APPLICABLE), BORROW \ ., \. \ 4a + �o�\ q o. LOCAL DPW/ENGINEERING DEPT. SPECIFICATIONS AND CONDITIONS, MASS. HIGHWAY DEPT. SPECIFICATIONS, AND ° NOTE: CONTRACTOR SHALL BE RESPONSIBLE FOR INSURING EROSION --- bye\ 00-\ GOOD ENGINEERING/CONSTRUCTION PRACTICES FOR SOLID/PERMANENT AND AESTHETICALLY PLEASING CONTROL DIKE IS AT ALL TIMES, IN GOOD OPERAYING CONDITION. \90\ - --- '+ `\ \ ��\ •.\ \'\_ \ ��+ \\\ % -- i CONSTRUCTION. AS PART OF CONSTRUCTION, IT IS THE RESPONSIBILITY OF THE SITE CONTRACTOR TO RECTIFY DETERIORATING HAYBALES SHALL BE REPLACED. POROSITY OF _ Q- Oy \ '� \ ------' - ANY DESIGN DEFICIENCIES FOUND ON THIS PLAN BY THE CONSTRUCTION OF ANY REQUIRED IMPROVEMENTS TO HAYBALES SHALL BE MAINTAINED TO INSURE RUNOFF IS BEING - \ \ \ \ �+ '” PLAN �� + as - \ �\ `� �' COMPLY WITH LOCAL/STATE BUILDING CODES, MHD SPECIFICATIONS AND ABOVE MENTIONED REQUIREMENTS FOR PROPERLY FILTERED. EROSION UNDER OR AROUND THE HAYBALES �\ \ \ \ ss, \` �9' % °� �� CONSTRUCTION. AS PART OF THE CONTRACT FOR CONSTRUCTION, IT IS THE RESPONSIBILITY OF THE SITE IS STRICTLY PROHIBITED. INSTALL-1-10-LF \ \\ \\ \\ 7 '2 �\ ' CONTRACTOR AND/OR BUILDING CONTRACTOR, TO ADHERE AND CONSTRUCT IMPROVEMENTS IN ACCORDANCE HAYBALES EROSION- - \\ \\ l WITH ALL PERMIT CONDITIONS ISSUED BY THE STATE AND THE LOCAL TOWN/MUNICIPALITY. CONTROL (LIMIT OF \\ �' \ \ �� ___ HAYBALE EROSION CONTROL ( LIMIT OF WORK) ,ARK LINE, \ `o�.�� \\ `y95 ------- ` �� --- -103- 6. THESE SITE PLANS ARE NOT CONSTRUCTION DOCUMENTS. THESE SITE PLANS ARE INTENDED ONLY TO \ �\\ \ \ Y - % OBTAIN THE NECESSARY PERMIT APPROVALS FROM THE TOWN/MUNICIPAUTY. FIELD DECISIONS WILL LIKELY BE Not To Scale ��_ ` \\�` \ \� / -`` \� �p � �".�� 103-�� y MADE DURING CONSTRUCTION (BASED ON ACTUAL FIELD CONDITIONS) WHICH WILL SUPERSEDE THESE SITE ead tr P ` \`•�\+ �_—\__.Q?`` �.=__`\ �\ \ \ .Mdf' +' #` + , PLANS. PLANS FOR PERMITTING PURPOSES ONLY o T ANDS+ 0\ \ \ir��. : � --.. h TED SLDPE' '" \� :%'`�i9j$'% 9798 ��.tH Mgsf9C e - p - 95 0`� SCOTT IAN s o \ �' 9 _ PA7Fi0 N 94 N - n - 7 rio e� �- - � qQ Op� � \ \ `�� \ \ '- - -- - - _ - -�� .-• --\_'-_ .9 N5. a . y \ � - - - - - - - - - � ��`�N \m�`� - - _ _ '-s _ _9tiINSTALL 751F g fit ' 0 0 �j r� �` es\ -\B� - - - -- _ HAYBALES@ IT OF s EROSION - r - ee _1WDRK-LIN LIMIT N0. DATE DESCRIPTION OF REVISIONS - \�; EXISTING H.AYBA � t; :.' ---------- U) - �,, .\ `.\ '• —�—� +d'�l"+ ------ �p ` '�� -�_�- _ \U\vUv ti S7 L N ♦ \ REMOVE FILL DIRTIN THIS,"' -: - . �aa a� �. ORE E�fiNG_SL LANE_ SLOPE STA131LIZAIION A \ / - - ♦ NTH-NATIVE SPECIES (LIKE � � � - �4KINO TO EXISTING PLANTS r� / PLACED BOULDERS AREA LOCI - + \ \ N ' - - PLAN TO ACCOMPANY 0 ___ --5s - -- - CT NOTICE OF INTENT j APPLICATION Ir 53- I .-_ # 40 Clark Street -- Salem, Massachusetts Date: May 24, 2006 PLDE#06-15 Scale: 1" = 10• Sheet 1 of 1 U Q �mr ' Land Owners: Gail and George Failho 40 Clark Street, Salem, MA 01970 PATROWICZ a- LOCUS PLAN FROM LOCUS ° 100° LAND DEVELOPMENT SALEM GIS GRAPHIC g 14 Brown Street, SCALE: 1"= 1000' SCALE / (978) 836-6400 0