64-250 - 12 CLEVELAND STREET - CONSERVATION COMMISSION .,.,,.� .Y _ .d.s.y. �
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310 CHR 10.99 DEP FdeNo. 64-250
(ro be provided by DEP)
Form 5 SALEM
C3ty/ro.ra
Appiioat ARTHUR RABY
cofmomrealth
of Massachusetts
Order of Conditions
Kassachuette Wetlands Protection Act
G.L. c. 131r 540
From SALEM CONSERVATION COMMISSION Issuing Authority
TO AETHTIR RARY S=
(Name of Applicant) (Name of property owner)
Address 8 English Street, Salem, MA Address
This order is issued and I delivered as follows:
❑ by hand delivery to applicant or representative on (date)
® by certified mail, return receipt requested on July 2. 1996 (date)
This project is located at 12 Cleveland Street, Lot B
The property is recorded at the Registry of Essex
Book 10085 Page 131
Certificate (if registered)
The Notice of intent for this project was filed on T ..,o 41 J996 (date)
The public hearing was closed on June 13, 1996 (date)
Findings
The Commi scion has reviewed the above-referenced Notice of intent and plans end has
held a public hearing on the project. Based on the information available to the Commission at this
time, the (nmmi gni Q„ has determined that the area on which the proposed work is to be done is
significant to the following interests in accordance with the Presumptions of Significance set forth to the
regulations for each Area subject to Protection Under the Act (check as appropriate):
Public water supply Flood ControlLand containing shellfish
Private water supply storm damage prevention Fisheries
Grand water Supply Prevention of pollution Protection of wildlife Habitat
Total Filing Fee submitted $250.00 State share 511 2 Sn
(1/2 fee in excess of f25)
City/Town share $137.50
Total Refund Due f City/(1/2 Portion
S state(1/2 toter
Effective 11/10/89 5-1
Therefore, the Commission hereby fin6s that the following conditions
are necessary, in accordance with the Performance standards set forth.in the
regulations, to protect those interests checked above. The
orders that all work shall be performed in accordance with said conditions and
with the Notice of intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of intent, the conditions shall control.
Cenral Conditions
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 complyingq with all other applicable federal, state or local
statutes, ordinances,'by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from
the date of this order unless either of the following apply:
(a) the work is a maintenance dredging project as provided for in the
Act; or
(b) the time for completion has been extended to a specified date more
than three years, but less than five years, from the date of issuance
and both that date and the special circumstances warranting the
extended time period are set forth in this Order.
5. This order may be extended by the issuing authority for one or more
periods of up to three years each upon application to the issuing
authority at least 30 days prior to the expiration date of the order.
6. Any fill used in connection with this project shall be clean fill,
containing no trash, refuse, rubbish or 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. No work shall be undertaken until all administrative appeal periods from
this order have elapsed or, if such an appeal has been filed, until all
proceedings before the Department have been completed.
S. No work shall be undertaken until the Final order has been recorded
in the Registry of Deeds or the Land Court for the district in which
the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also
be noted in the Registry's Grantor Index under the name of the owner
of the land upon which the proposed work is to. be done. In the case
of registered land, the Final order shall also be noted on the Land
Court Certificate of Title of the owner of the land upon which the
proposed work is Comm Commie.ssion The on theoform9atnthe endnofshall
this order
submitted to the
prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or
more than three square feet in size bearing the words,
"Massachusetts Department
ent of Environmental Protection,
File Number
250
10. where the Department of Environmental Protection is requested to make a
determination and to issue a superseding order, the Conservation
commission shall be a party to all agency proceedings and hearings before
the Department.
5-2
Y
I
11. Upon completion of the work described herein, the applicant shall
forthwith request in writing that a certificate of compliance be issued
stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
Plans:
Title Dated signed and stamped by: on File with:
F8381 8/10/94
Plan of Subdivision by Conservation Commission
Resource Area 4/22/96 Eastern Land Survey
Special conditions (Use additional paper if necessary)
Pursuant to 310 CMR 10.05 (6) (c) , the. Salem Conservation Commission voted by a
vote of three (3) in favor, one (1) opposed, that 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 MGL c. 131, Section 40, and therefore issued
an Order of Conditions prohibiting the work on the grounds that an outstanding
EnforcentOrder, dated September 18, 1989, requesting action on this property
was not complied with and there is evidence of illegal fill placed within the
Buffer Zone.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Leave. . . . . . . Space. Blank). . . . . .. . . . . . . . . . . . . . . . . . . . .
5-3A
Plans:
Title Dated signed and Stamped by: on File with:
special conditions (Use additional paper if necessary)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . (Leave. space• Blank). . . . . . . . . . . . . . . . . . . . . . . . . . ....
5-3B
V
issued By AL conservation Commission
Signa re(9) /
This order must be signed by a majority of the conservation Commission.
on this 2nd day of July 19 96 before me
personally appeared The Commission to me known to be the
person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her free act and deed.
Ncikary Public My commission expires
The applicant, the owner, any person agrrieved by this order, any owner of land abutting 'the land upon which
the proposed work is to be done, or any ten residents of the city or town in which such lend is located, are
hereby ratified of their righttorequest the Department of Environmental protection to issue a Superseding
Order, providing the request is made by certified mail or hand delivery to the Department, with the
appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the
date of issuance of this determination. A copy of the request shall at the sane time be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
Detach on dotted line and submit to the
Salem Conservation Comm' ipltior to con encement of work.
................................................................................
Issuing Authority
To
please be advised that the order of Conditions for the project at
Fila Runber
has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition B on
19
If recorded lard, the instrument number which identifies this transaction is
If registered lend, the document number which identifies this transaction is
Applicant
signature
5-4A
t
issued by the Department of Environmental Protection
signature
On this day of 19
before me personally appeared to me known to be
the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public my commission expires .
The applicant, the owner, any person aggrieved by the Superseding order, any owner of lard abutting the land
upon which the proposed work is to be done, or any ten persons Pursuant to G.L. c.30A 110A, are hereby
notified of their right to reguast`an adjudicatory hearing pursuant to G.L. c.30A, 410, providing the
request is made by certified mail or hard delivery to the Department, with the appropriate filing fee and
Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this
Superseding Order, and is addressed to: Docket Clerk, Office of General Counsel, Department of Environmental
Protection, one Winter Street, Boston, MA 02108. A Copy of the request shall at the same time be sent by
certified mail or hard delivery to the Conservation Commission, the applicant, and any other party.
A Notice of Claim for an Adjudicatory Rearing shall Comply with the Department's Rules for Adjudicatory
Proceedings, 310 CMR 1.DIM, and shall contain the following information:
(a) the DEP Wetlands File Nunber, name of the applicant and address of the project;
(b) the complete name, address and telephone ruiber of the party filing the request, and, if represented
by counsel, the name and address of the attorney;
(c) the names and addresses of all other parties, if known;
(d) a clear and concise statement of (1) the facts which are grovels for the proceedings, (2) the
objections to this Superseding Order, including specifically the manner in which it is alleged to be
Inconsistent with the Department's wetlands Regulations (310 CMR 10.00) and does not contribute to the
protection of the interests identified in the Act, and (3) the relief sought through the adjudicatory
hearing, including specifically the changes desired in the Superseding Order;
(e) a statement that a copy of the request hes been sent tote applicant, the conserver ion eommi ssi'on end
each other party or representative of such party.,
i .
Failure to submit all necessary information my result in a dismissal by the Department of the Notice of
Claim for an Adjudicatory Hearing.
Detach an dotted line and slit to the - onion to commencement of work.
.....................................................................................
issuing Authority.
To
Please be advised that the Order of Conditions for the project at
FSU Number
has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
19
if recorded land, the instrument rsanber which identifies this transaction is
if registered land, the document rasnbar which identifies this'tronsaction is
Applicant
Signature .
5-48
310 CHR 10.99 -
DPP Fik No,
Form 4
(Co be provided by DEP)
Coneonwealth Cityfr w
of Massachusetts Appbana
Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act, G.L. c. 131, $40
To be used only for projects of minimum impact, as described in the,Ge al
Instructions for Completing the Notice Of Intent.
1. Location: street Address I Z C\e�cln�o S�
Lot Number Lr0 0 �
' Description C•-•5�...,��ti,a.+ ✓
2. Project: Type-- m
Sw q N o•v.. �. �
3.Registry: County, FSSe r Current Book 1 0 o S5 & Page t
Certificate(If Registerd Land) ' t5 _y3bS
4.Applicant: A2�1, +L f" Tel.
Address \: N t en^ A
S.Pzoperty Owner: Tel.
74 S- 431oS
Address:
Am-tJt-- lA qA SA
6.Representative: `*ro
lr.-� I-u�f l4 Asa Tel. -)Lis -
Address: N 5-kow:qS4 lc, r.A
7. a. Have the Conservation Commission and the Department's Regional office
each been sent, by certified mail or hand delivery, 2 copies of completed
Notice Of Intent, with supporting plans and documents?
Yes ® No ❑
b. Has the fee been submitted? 6311yes ❑ No f 1§0
c. Total Filing Fee submittedf d
%
d. City/Town share of Filing Fee Statea h (arei �o filexcess of f25, sans to DEO
(sent to City/TOwn)
e. Is a brieftatemen attached indicating how the applicant calculated
the fee? Cl YesNo
8. Have all obtainable permits, variances aapprov�s required by local by-
law been obtained or applied for? Yes No
obtained Applied For: Not Applied For:
if P.:,A..+:f Iwk S 7 e Qln..+.�...dq ply �J w..1C�
9. Is any portion of the site subject to a Netlan RestF}ction order pursuant
`.O G.L. c. 131, 540A or G.L. C. 130, 51057 Yes No lel
ective 11/20/92 4-1
10. List all plans and supporting documents submitted with this Notice of
Intent.
Identifying Title/Date
cNumberG/Letter p
r �3 O1 PIA+ O� SUn .a SAO `� ,1
11. For work proposed within the Buffer zone (as defined in Part I, sections
10.02(2) and 10.04 of the regulations) describe, with reference to
supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
(b) Mitigating'measures and designs to insure that the proposed work will
not alter the resource area which said Buffer zone- borders; or if it will
alter said resource area, the mitigating measures and designs proposed to
meet the performance standard established for that resource.area in Part
II or Part III of these regulations.
.Q n.cve..a1'a.J O.•E n.q'4C�•4( S P..a}Fj��^'� `o.�7e w. 0_esbov ct ArneR
12. For- work proposed within Land subject to Flooding (as defined in
Part III, section 10.57(2) of the regulations) describe, with reference
to supporting plana and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
N I A ALL 4+ewK Qo, S jAe-A 0 (A-J
(b) Mitigating measures and designs proposed to meet the performance
standards set forth in Part III, sections 10.57(4) and 10.60 of the
regulations.
N � p
13. is the project within estimated habitat which is indicated on the most
recent Estimated Habitat Map of State-Listed Rare wetlands
(if
any) published by the Natural Heritage and Endangered speciesProgram?
YES [ ] No Date printed on the Estimated Habitat Map
NO MAP AVAILABLE ( ] (if any)
4-2
If yes, have you sent a copy of the Notice of Intent to the Natural Heritage
and Endangered Species Program via the U.S. Postal Service by certified or
priority mail (or otherwise sent it in a manner that guarantees delivery
within two days) no later than the date of the filing of this Notice of Intent
with the conservation commission and the DEP regional office?
YES [ _j NO ( ]
If yes, please attach evidence of timely mailing or other delivery to the
Natural Heritage and Endangered species Program.
I hereby certify under the pains and penalties of perjury that the foregoing
Notice of Intent and accompanying plans, documents and supporting data are
true
eeyandd complete, to the best of my knowledge. , p
toi
signature of Applicant Date
rA
Signature of Applic nt'e a rase tative Date
4-3
�)pN Cp)1
e/i
Conservatim Commission
�J
Salem. Massachusetts 01970
t
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, at the request of Arthur Raby, 8 English
Street, Salem, MA 01970. The purpose of the hearing is to discuss the effects of a proposal to
construct a single family home within a Buffer Zonezi� I Geve d S�ez�-
This hearing will be held on Thursday, May 23, 1995 at 7:00 p.m. in the second floor conference
room at One Salem Green.
Fred Harney >
Chairman
_ n
May 16, 1996
X .T
jm\bd\concomno.met
c!c7
This notiee post®d on "Offleial Bulletin Board"
City Hell�A�ve , S tlGM1 glass. on
23A ���"ae 6f 'f��G. rdae�ra cerStt, 33�"5ac.
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENviRoNMENTAL PBATECTION
METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE
WILLIAM F.WELDJury 0 b 1770 TRUDY COXE
Governor - 77U
Secretary
ARGEO PAUL CELLUCCI .,GaalDAVID B. STRUHS
Lt. Governor Na61eem 0 larw1in Ne� Commissioner
DEP File # 064-0250
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM
DATE: 6-4-96 (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 : ARTHUR RABY Owner: SAME
Address : 8 ENGLISH STREET Address :
SALEM, MA 01970
Project Location: 12 CLEVELAND ST. , LOT B.
IF CHECKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT:
A. " This project has been assigned the following file
Although a file # is being issued, please note the following:
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT
APPROVAL OF APPLICATION
B. " No File # will be assigned to this project until the following missing
information is sent to this office, to meet the minimum submittal requirements
in accordance with the Wetlands Protection Regulations at 310 CMR 10 . 00 :
1 . ( ) copy (s) of a completed Notice of Intent (Form 3 or Form 4 of
Sect . 10 . 99, whichever is applicable) and a copy of the Fee
Transmittal Form, with a copy of the check for the State' s share of
the Notice of Intent filing fee .
2 . ( ) copy(s) of plans, calculations, and other documentation necessary
to completely describe the proposed work and mitigating measures to
protect resource areas .
3 . ( ) _ copy (s) of an 8yz". X 11" section of the USGS map of the area.
4 . ( ) copy (s) of plans showing compliance with Title 5 of the State
Environmental Code, 310 CMR 15 . 00 .
5 . ( ) Proof that a copy of your Notice of Intent has been mailed or hand
delivered to the Natural Heritage and Endangered Species Program.
COMMENTS :
(see page 2 for additional information)
10 Commerce Way • Woburn,Massachusetts 01801 • FAX (617)932-7615 • Telephone (617)932-7600 • TDD#(617)932-7679
;�Panted on Recycled Paper
C. Other Regulatory Jurisdiction
1 . ( ) 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. 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 . ( ) 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 of Environmental Protection has
reviewed the plans submitted by the applicant and finds that there is
reasonable assurance that the project or activity will be conducted
in a manner that will not violate the Massachusetts Surface Water
Quality Standards, provided that :
a) the applicant receives and complies with a Final Order of
Conditions from the local conservation commission or the
Department;
b) the Order of Conditions does not cause the loss of more than
5, 000 sq. 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
d) the project is not exempt from the M.G.L. c . 131, 940 - the
Wetlands Protection Act; is not part of a subdivision; does not
cause the loss of any wetlands designated as 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 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, One Winter
Street, Boston, NA 02108 . Contact the Division of Waterways Program
at 617-292-5655 if you have any questions .
For more information please contact : PHILIP DIPIETRO
at (617) 932-7600 .
CC : Conservation Commission ( ) U.S. Army Corps of Engineers
( ) Owner ( ) Coastal Zone Management
( ) DEP - Water Pollution Control (X) Representative : S . LOVELY
( ) DEP - Waterways 14 STORY STREET
( ) Other: SALEM, MA 01970
2
D RI DISTRICT
RC
a
FRANCIS A. & RI TA M.A. TARDIFF LA DRIER A. & OL!tiETTE
THERIAUL T
i
N 84"20'37"E -1
80.40'
L 102.00 SHED TO BE 0,..
LOT B REMOVED EXISTING
v- W DWELLING
tri
Si'-7,252 :j- SF. — 25' - TEN
No . 12 I
31 :tCLEVELAND I
STREET
ti o o �, 3q`± N N REALTY
N o� o oI o o TRUST
) r g" PROPOSED Ld N �i
DWELLING cfl N
� cD
30' p
4S' 15 t - LOT A
60000.1 SF. L/ No,
ri
- . 91 .39' 80.x0' 250. 00 To
S84'20'37"W
CLEVELAND 40' WIDE STREET
``"
L
ZONING DISTRICT Rl
-RESIDENTIAL' ONE -FAMILY '
ITEM MIN /MAX. LOT A LOT B
7252 SF.
LOT AREA 15,000 SF. 6000 SF.f
-' UNDER ' THE SUBDIWSION
L LOT WDTH 100 FT. 80 FT.# 91.39 FT.
APPROVAL
CLFV6t.A4JVST. ' FRONT YARD ' 15 FT. 39 FT. 20+ FT.
CONTROL. 1AN NOT-REQUIRED ,
10 FT. _15+ FT.
SIDE YARD 10 FT.
RE
AR YARD ' 30 FT. ' 1± FT. 31+ �FT.
'S
30%' . 224-
LOT COVERAGE _% 15±% ALEY PLANNING, BOARD
# VARIANCE REQUESTED
LOCUS," MAP
cb
�DA TE
D I STR I CT .
LINE
RI ' DISTRICT
Ile.
T LAURIER A. & OLIVE1 IE '
A M.A RDIFF
FRANCIS A. & RIT
714ERIA UL T
CN
9 N84*20'37"E
V,
102.00 86.6o' � ASSESSORS MAP .23 - PARCEL, 10
HED BE
S To
RE=VED EXISTING LIA -MARIE RABY, ARTHUR JOSEPH RABY
LOT '. B DWELLING
& DIANNE MICHELLE PERO
.7FN
SF. N 12 EED' REFERENCE: BOOK� 10085 PAGE 131
31 ± CLEVELAND
PLAN REFERENCE: ' BOOK 1276 ,PAGE600
MEET
S
REALTY
0 0)
0 0
00 0 TRUST
0 0
L6 LO
C4
..r%"
ivv 0
<7
cn 39! (n
154 LOT A
6,000-+- SF.
No . to
15+
91039 80.00 250.00 To efferso' A V'e.
in
S84*20'37"w
40' MDE
- CLEVELAND ,
SUBDIVISION
LAND
PLAN OF
LOCA TED IN
� MAS
SALEM
PREPAREDBY
FOR REGIS 77?Y USE' ONL Y
A OCIATES,� I N C.
EASTERN AND SURVEY , SS
CHRI -R R. ' MELLO PLS.,�
S TOPHE
04. LOWELL ST. PEABODY, MA. 01960
(508) ,531-8121 , ,
HEREB Y CER TIF Y THIS PLAN CONFORMS CHRISTOPHER
TO THE RULES AND REGULATIONS -OF THE �i zi ELLO
SCALE: 1 '20 AUGUST 10, ', . 1994
3
REGISTERS OF DEEDS OF, THE COMMON
WEALTV OF MASSACHUSETTS.
E S OL)rZ C E7, A REA
A PIZ)L Z 2 6�,
THIS PLAN IS BASED,ON THE REFERENCED PLANS, DEEDS
AND THE RESUL IS OF A FIELD SUR VEY AS OF THIS DA 7E.
NO CER77F7CA77ON IS IWENDED AS TO PROPERTY 777LE
AS TO, THE EXIS7ENCE OF UNWRIT7EN OR UNRECORDED
EA SEMEN TS.
0 10 '20 40 80
60
N