64-143 - 6 DEARBORN LANE - CONSERVATION COMMISSION Al3 , - -
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Form 5- _ DEOEFoe No,. - 64-143
(To be provided by DEUE)
Commonwealth City/Town Salem
of Massachusetts Applicant S. L. PapPalardo
Order.of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
Fro Salem Conse
To Samuel Leonard Papalardoi,:Jr. Samuel Leonard Papalardo Jr.
Name of Applicant) (Name of property owner)
Address 6 Dearborn Lam_ — Address r n _ -- T 'ua
This Order is issued and delivered as follows:
❑ 1byyhhand delivery to applicant or representative on (date)
6ycertified mail,return receipt requested on (date)
This project is located a 6 Dearborn Lane
The property is recorded at the Registry of Essex County
Book Page
Certificate(if registered)
The Notice of Intent for this project was filed on September 20 1986 (date)
.The public hearing was closed on September 25, 1986 (date)
Findings
The Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has.held a public hearing on the project. Based on the information available to the
Conservation Commission -at this time,theons ervat ion Commission has determined that
_ the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
❑ Public water supply Storm damage prevention
❑ Private water supply ❑ Prevention of pollution
❑ Groundwater supply ❑ Land containing shellfish
❑ Flood control ❑ Fisheries
5.1
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Therefore,the Conservation Commission hereby finds that the following conditions are
necessary,in accordance with the Performance Standards set forth in the regulations,to protect those inter-
ests checked above.The ra t i n s ism orders that all work shalt be performed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol-
lowing conditions modify or differ from the plans,specifications or other proposals submitted with the Notice
of Intent,the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas-
ures,shall be deemed cause to revoke or modify this Order.
2: This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury
- to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal,state or local statutes,ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act;or
(b) the time for completion has been extended to a specified date more than three years,but less than
five years,from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order..
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
8. Any fill used in connection with this project shall be clean fill,containing no trash,refuse,rubbish or de-
bris,including but not limited to lumber,bricks, plaster,wire,lath,paper,cardboard,pipe,tires,ashes,
refrigerators, motor vehicles or parts of any of the foregoing. .
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or,If
such an appeal has been filed,until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property. In the
case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done.In the case of registered land,the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done.The recording information shall be submitted to the rhmmi ss;on on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site•not less than two square feet or more than three square feet in size
bearing the words,"Massachusetts Department of Environmental Quality Engineering
File Number 64-143
10.Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.-
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:
52
Plans:
i Title Dated Signed and Stamped by: On File with:
"_Plan of Land in Salem-6 Dearborn T.ane
August, 1986 Sherman Eidelman Conservation Commission
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Special Conditions(Use additional paper R necessary)
1. Proposed structure shall conform to plot plan entitled, " Plan of. Land in Salem, for
6 Dearborn Lane", dated August 1986, prepared by Sherman Eidelman. Any alteration
of the plan shall require the Applicant to inquire, in writing, of the Commission whether
a new filing is required. ,
2 The finished slope of the bank shall be 2:1. The bank shall be loamed and seeded for
stability. .
3: Any excavated materials shall be removed from the site.
4. A minimum of 10' shall be maintained between the proposed addition and the City's
drainage easement.
i 5. There shall be no encroachment on the public right-of•way to the beach.
6. Following the construction of the foundation, the Commission shall inspect the site
I prior to issuance of a building permit.
7. As-built plans, stamped by a registered Professional Engineer or Land Surveyor, shall
be submitted to the Conservation Commission prior to issuance of a Certificate of Compliance..
1
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..........................................................................................................................................................................
.... .... ..
(Leave Space Blank)
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Issued By sal m Conservation Commission
Signatures r C
o7gc,�–
This Order must be signed by a rn of the Conservation Commission.
On this--- 25 - day of__ 19 86—before me
-- -- -- —
personally appe TNto me known to be the
person described in and who ext ciited the foregoing instrument and acknowledged that
_he/she executed
the as his/her free act and
Notary Public My commission expires
The appkwt,.theovmer,.any person agodevedbytniSAordetjnyowherof landabutting.thelandupon-which the proposed work Is to
be done or any ten residents of the city or town in which such land is located are hereby notified of their right to request the Department
of Environmental Quality Engineering to issue a$upersedng Ober-proviCmA the requestismadeby certified mail or hand delivery to
the Department within ten days from the date of issuance of this order.A copy of the request shelf at the same time be sent by certified
mail or hand delivery to the Conservation Commissioeedd-t ieApplicant_--
Conservation Commission pdortocommencement ofwork. _
Detach ondottedline and.submit tothe
--_- _ -- -- _ - -
.. ._. .. - .. :Issuing Authority
To ....
Please be edv1sed4hatthe70rderofCohottionsf6r:the'00ject - - - -
FileNumber - .' ties HeeHrecordeCBrthe Registryof V - - -- - -- - and ::
has been noted in the chain of title of the affected property In accordance with General Condition a on19—
If
g—If recorded land,the.instrument number which dentifies this transaction
It registered land,the document number whichidentifies this transaction
Signature Applicant C
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1�Jefia.�.�e.ZG a�(�iuRuuzzrrzeizlczL c��� �rt�izeP�vir�
S. RUSSELL SYLVA 5 7� //��'� �//duce
Commissioner GL!/Rl ic/16Jda/ume&d, Can/
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` October 24, 1986
935-2160 a+
DATE: z:
Sa}e
ASSIGNED FI N0: 64 X43 h QT
calER� P1AAf°.,
IThe Division of Wetlands is in receipt of an application filed under M.G.L.
Chapter 131, Section 40, the application is in the name of:
APPLICANT: OWNER.Leonard Paoalardo OWNER OF LAND. same
E
6 Dearborn Lane
I Salem, MA 01970
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PROTECT LOCATION: 6 Dparhnrn I ana IO': 5
PROJECT REVIEW
( ) The application is incomplete. No file number will be assigned until material
checked below is submitted to this Office:
( ) Notice of Intent ( ) Plans
( ) Project requires the filing of a
Form 3 (Notice of Intent) rather than
Form 4 (Abbreviated Notice of Intent) ( ) Locus
WATERWAYS REVIEW
( ) Project may require a Chapter 91 License-Project has been referred to
Waterways.
( x ) ,Preliminary review indicates that the project does not require a Chapter 91
License. However, should further review indicate that the project may require
a Chapter 91 License, the Department reserves the right to refer the project
to Waterways at that time.
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF FILING SUBMITTED, NOT
APPROVAL OF THE APPLICATION.
Very trul ''you
Sabin M. Iord, Jr. ,
Deputy Regional Environmental Engineer
cc: Conservation Commission,Salem, MA 01970
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FOm4° \t=C.EIV EL) DEOEFileNo.
(To be provided by DEQEI
C SEP 2
— 19P6 C,�Ro„,n
Commonwealt
of Massachuse tSgLEM PLAPI:' Applicant
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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 General Instructions for completing the
Notice of Intent.
1. Location:street Address doeN .4414_1Z_ Lot Number
2. Project:Type iTioa Description /d Y�a
l/ao,rea
3. Registry:County Current Book &Page
Certificate(If Registered Land)
4. Applicant: �¢ EL ��uoto �.lD.rlAT�u �2 Tel.
Address: D Rru
Tel.
5. Property Owner: meq —
Address:
i,
6. Representative: Tel.
Address
7. Have the Conservation Commission and DEQE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes Ut No ❑
8. Have all obtainable permits, variances and approvals required by local by-law been obtained or applied
for?Yes ❑ No
Obtained: Applied For: Not Applied For:
Bu/toiN4
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L.c. 131, §40A or G.L.
c. 130,§105? Yes ❑ No IN
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number/Letter Tftle/Date
41
I
11. For work proposed within the Buffer Zone(as defined in Part I,Sections 10.02(2)and 10.04 of the reg-
ulations)describe,with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and!ocation 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.
12.For work proposed within Land Subject to Flooding(as defined in Part III,Section 10.57(2)of the reg-
ulations)describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
_ t
(b) Mitigating measures and designs proposed to meet the performance standards set forth in Part III,
Section 10.57(4)of the regulations.
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans,docum nts and supporting data are true and complete,to the best of my knowledge.
Signature of Applicant Date
Signature of Applicant's Representative Date �.
4.2
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Z Conservation Commission
Salem. Massachusetts 01970
AS �a
Proposed Conditions
1 . Proposed structure shall conform to plot plan entitled, "Plan of
Land in Salem, for 6 Dearborn Lane", dated August 1986, prepared by
Sherman Eidelman. Any alteration of the plan shall require the
Applicant to inquire, in writing, of the Commission whether a new filing
is required.
2. The finished slope of the bank shall be 2:1. The bank shall be
loamed and seeded for stability.
3. Any excavated materials shall be removed from the site.
4. A minimum of 10' shall be maintained between the proposed addition
and the City' s drainage easement.
5. There shall be no encroachment on the public right-of-way to the
beach.
6. Following the construction of the foundation, the Commission shall.
inspect the site prior to issuance of a building permit.
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Salem. Massachusetts 01970
^�Assnc��e
TO: Conservation Commission Members
FROM: Dale Yale, Staff Advisor
RE: Order of Conditions - Pappalardo, Dearborn Lane
At our last meeting, a public hearing was field on this proposal to
construct a 15' X 22' addition to an existing single-family home on
Dearborn Lane.
Several issues were raised during the hearing which the Commission
wished to research further:
the public right-of-way to the beach.
status of g
1) The sta P
2) A drainage easement which exists adjacent to the property.
3) The question of a limitation on the size of the house as
originally approved by the Conservation Commission due to
wetland concerns.
Research of the minutes of the hearing on the original house
construction revealed there was no specific limitation on the size of
the house beyond the designing of a structure which could fit a
difficult lot upon which to build.
Specific conditions addressing the right—of—way and the drainage
easement can be incorporated into the Order of Conditions.
Attached for your review are draft conditions for approval of this
project.
D7O3
VTtty of 4alplll, C, assMchusetts
n ,
3 J ��,�f° _ �latuting ,�3nartl
(Rttr $alrm Grent
April 8 , 1981
SPECIAL PERMIT
WETLANDS AND FLOOD HAZARD DISTRICT
Nicholas J. Decoulos , Trustee
Dearborn Lane Realty Trust
?48 Andover Street
Peabody, Massachusetts 01960
On Thursday, October 16, 1980 , the Planning Board of the City of Salem held a public
hearing regarding the application of Nicholas J. Decoulos , Trustee of Dearborn Lane
Realty Trust, for a Special Permit under Section P, Wetlands and Flood Hazard Districts ,
of the Salem Zoning Ordinance , with respect to development of Lot #5 Dearborn Lane
for single residential purposes in Salem , Massachusetts.
At a regularly scheduled meeting of the Planning Board on April 2 , 1981, the Board voted
unanimously to approve the application as complying with the requirements for the
G.
issuance of the permit with the following conditions:
i. That the new meets and bounds of Lot #5 , as shown on a revised plan entitled, "Plan
of Land in Salem, property of Nicholas J. Decoulos , by John J. Decoulos , Peabody,
dated April 1981" , be approved by the City Engineer.
?. That the drainage easement shown on the plan be granted to the City.
3. That the plan be recorded at the Registry of Deeds and that the prior easement be
abandoned.
4. This order does not grant any property rights or any exclusive privileges; it does
not authorize any iniury to private/public property or any invasion of public/private
rights.
I hereby certify that a copy of this decision has been filed with the City Clerk, and a
copy is on file with the Planning Board. This Special Permit shall not take effect until
a copy of the decision bearing the certification of the City Clerk that twenty days have
elapsed and no appeal has been filed or that if such appeal has been filed, and it has
been dismissed or denied, is recorded in the Essex County Registry of Deeds and is
indexed in the grantor index under the name of the owner of record or is recorded and
noted on the owner.'s certificate of title. The fee for recording or registering shall be
paid by the owner or applicant.
WALTER B. POWER III
Chairman, Planning Board
WBP:Jar
UNRED STATESS PO SSM SE�tCVICEP M o
SENDER INSTRUCTION,S.."
Print your neme,address,and ZIP Co n16 16
span below. .�
• Complete items L Z,3,and 4 on the reverse.
• Attech to front of artlA E d span termite, PENALTY FOR PRIVATE
otherwise affix to back of article. USE.sem
• Endorn arfinde"Retum Receipt Requested"
ad acent to number.
RETURN
TO h "_ (Nems of Sander)
e /
lYI) �%o.and Street,Apt,Suite,P.O.Box or A.D.ANo.)
PLA/Vr!l.NU (City,State,end ZIP Cotle)
S9LFPq
� �fP;
19 SENDER: Complete items 1,2,3 and 4.
o Put your address in the"RETURN TO"specaon the
3 reverse side.Failure to do this will prevent this card from
being returned to you.The return`raceiat fee will provide
y0Y the namB of this oarsan delivered to and the data Of
tlellverv.Foredditionsl fees the following services are
available.Consult postmaster for fees and check box(es)
41F for service(s)requested.
J
IP 1. ❑ Show to whom,date and address of delivery.
A 2. Restricted Delivery.
V
3. Artticle^Addressed to:
(0 27ti n �o mss_
&J—(L-,,...
4. Type of Service: Article Number
Registered ❑ Insured
'Registered
❑ COD
❑ Express Mail
Always obtain signature of addfessee or agent and
DATE DELIVERED.
O� 5. Si pp"� —Atl
�j igneture—Agent
1
n X
m 7. Date of Dal' y
C
2 e. Addressee'sAddress(ONL
9
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{,z Conservation Commission
FS
M Salem. Massachusetts 01970
S SIIII
City of Salem
Conservation Commission
Will give a public hearing under the Wetlands Protection Act (MGL,
Chapter 131 , Section 40) at the request of Leonard Pappalardo,
6 Dearborn Lane. The purpose of the hearing is to explore the effects
of the construction of an addition to an existing dwelling at 6 Dearborn
Lane within a wetland area. This hearing will be held on Thursday,
September 11, 1986, at 7:30 p.m. , One Salem Green, second floor
conference room. ,/i )
7" e.c .
Phillip D. Moran
Chairperson
September 4, 1986
City of Salem
Conservation Commission
At a regular meeting of the Conservation Commission to be held on
Thursday, September 11, 1986, a Determination of the Applicability of
the Wetlands Protection Act, MGL Chapter 131, Section 40, will be made
on the proposal by Thomas Moribito and David Tremblay to subdivide a
parcel of land on Almeda Street and construct an access roadway to the
lots within the buffer zone of a wetland area. This meeting will be
held at 7:30 p.m. , One Salem Gren, second floor conference room.
Phillip D. Moran
Chairperson
September 4, 1986
This notice posted on "Official Bulletin Board"
City Hall Ave . . Ca!em, rdasr3 . on lt,�t7e4l&.3
tt 90- .!M in accordance witT�Chap. 62 /fib
6.
of the Acts of 1958.
J/eel (e
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�e/iczafrrteizCa�CJrt�i�arerrrereCczL/��ca��� �,�r(tfuzee«iiz��
`_ ��Kl�`UlI.�CtpQ/2 lJ, adfa/L = .J �aK��P�C7t1Ci ✓U:CI.LQI%,
S. RUSSELL, SYLVA 5 <CJaiYr/YLQJ2Uep (fL �' aentc� O
Commissioner
RECEIVED �. UJ CCGL
935-21 0 SEP 8 - 1986 DATE: September 4, 1986
TSN: Salem
SALEM PLANNING DEPT. ASSIGNED FILE N0:
The Division of Wetlands is in receipt of an application filed under M.G.L.
Chapter 131, Section 40, the application is in the name of:
APPLICANT: Sameul Leonard Papalardo, Jr. OWNER OF LAND: Same
6 Dearborn Lane
Salem, MA 01970
PROJECT LOCATION: 6 Dearborn Lane LOT: 5
PROJECT REVIEW
( X ) The application is incomplete. No file number will be assigned until material
checked below is submitted to this Office:
( ) Notice of Intent ( ) Plans
( ) Project requires the filing of a
Form 3 (Notice of Intent) rather than
Form 4 (Abbreviated Notice of Intent) ( ) Lxus
X (U.S.G.S. Locus P1ap
nessecary)
WATERWAYS REVIEW
( ) Project may require a Chapter 91 License-Project has been referred to
Waterways.
( ) Preliminary review indicates that the project does not require a Chapter 91
License. However, should further review indicate that the project may require
a Chapter 91 License, the Department reserves the right to refer the project
to Waterways at that time.
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF FILING SUBMITTED, NOT
APPROVAL OF THE APPLICATION.
Very trul you ,
Sabin M. Lord, Jr. ,
Deputy Regional Environmental Engineer
cc: Conservation Commission,
Salem, MA 01971
{
rz Conserves®n Commissim
.j �.
Salem. Alassachucetts 01970
-F.)>AI ASS n��*�.
City of Salem
Conservation Commission
Will give a public hearing under the Wetlands Protection Act (MGL,
Chapter 131 , Section 40) at the request of Leonard Pappalardo,
6 Dearborn Lane. The purpose of the hearing is to explore the effects
of the construction of an addition to an existing dwelling at 6 Dearborn
Lane within a wetland area. This hearing will be held on Thursday,
September 11 , 1986, at 7:30 p.m. , One Salem Green, second floor
conference room.
c.c .
j Phillip D. Moran
Chairperson
September 4, 1986
City of Salem
Conservation Commission
At a regular meeting of the Conservation Commission to be held on
Thursday, September 11 , 1986, a Determination of the Applicability of
the Wetlands Protection Act, MGL Chapter 131, Section 40, will be made
on the proposal by Thomas Moribito and David Tremblay to subdivide a
parcel of land on Almeda Street and construct an access roadway to the
lots within the buffer zone of a wetland area. This meeting will be
held at 7:30 p.m. , One Salem Gren, second floor conference room.
Phillip D. Moran
Chairperson
September 4, 1986'
This notice posted on "Official Bulletin Board"
City Hall Ave . , Cale:, Mass . on „�¢, re11u3> /s&
Lt 9'o,? .!r! in accc_dance with Chap. 626 .
of the Acts of 1958.