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64-599 - 23 GLENDALE STREET - CONSERVATION COMMISSION Dro,. -l�ti� -tom � a.3 ��.�� - s ti� � _ - RONAN, SEGAL & HARRINGTON � ATTORNEYS AT LAW NOV O 5 2015 FIFTY-NINE FEDERAL STREET JAMES T.RONAN(1922-1987) SALEM,MASSACHUSETTS 01970-3470 OEPT OF P JACOB S.SEGAL PLANNING 8, GEORGE RY M NTE HARRINGTON COMMUN!rNS IIIr DEVELOPMENT TEL(978)744-0350 FAX(978)744-7493 FILE NO.S-1041.6 OF COUNSEL JOHN H.RONAN MICHAEL J.ESCHELBACHER November 2, 2015 Salem Conservation Commission 120 Washington Street Salem, MA 01970 ATTN: Thomas Devine RE: ORDER OF CONDITIONS 23 Glendale Street, Salem Dear Mr. Devine: Enclosed please find the recording information for the Order of Conditions filed for 23 Glendale Street, Salem, MA Very truly yours George W. Atkins, III GWA/dap Enclosure 1 e �Y f 1 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -WetlandsMassDEP File#64-599 WPA Form 5 - Order of Conditions 1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town G. Recording Information Prior to commencement of work, 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 this page 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: 23 Glendale Street 64-599 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: Essex South 34381 97 County Book Page Atkins Salem Realty LLC for: Property Owner and has been noted in the chain of title of the affected property in: 33857 91 Book Page In accordance with the Order of Conditions issued on: 8/21/2015 Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: DocumeDt Numbe R1L Si hbfure of ApAtcipfit w raform&doc• rev 6/162615 Page 12 of 12 t , 1 CITY OF SALEM CONSERVATION COMMISSION August 21, 2015 Susan St. Pierre 74 Bay View Avenue Salem, MA 01970 Re: Order of Conditions—DEP #64-599—Dion Yacht Yard Dear Ms. St. Pierre: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-business-day appeal period,this document must be recorded at the Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). Once recorded,please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order, prior to any work commencing: 1. this Order must be recorded, 2. a sign must be displayed showing DEP File#64-599 within public view, and 3. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions,please feel free to contact me at 978-619-5685. Sincerely, m Devine Conservation Agent Enclosure CC: DEP Northeast Regional Office Atkins Salem Realty, LLC Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-599 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 aoEp-Transaction# Salem Cityrrown A. General Information Please note: Salem this form has 1. From: been modified Conservation Commission with added 2, This issuance is for spaceto a.®Order of Conditions b.❑Amended Order of Conditions accommodate (check one): the Registry of Deeds 3. To: Applicant: Requirements Frederick J. Atkins Important: a.First Name b. Last Name When filling Fred J. Dion Yacht Yard Inc. out forms on c.Organization the 23 Glendale Street computer, use only the d.Mailing Address tab key to Salem MA 01970 move your e.City/Town I.State g.Zip Code cursor-do not use the 4. Property Owner(if different from applicant): return key. a.First Name b.Last Name Atkins Salem Realty LLC o.Organization 23 Glendale Street d.Mailing Address Salem MA 01970 e. City/Town f.State g.Zip Code 5. Project Location: 23 Glendale Street Salem a.Street Address b.City/Town 33 646 c.Assessors Map/Plat Number d. Parpel/Lot Number Latitude and Longitude, if known: d m s m s d.Latitude e.Longitt ude wpaform5.doc• .v,611612015 Page 1 or 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-599 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): South Essex a.County b.Certificate Number(if registered land) " 6618 82 c.Book d. Page 8/6/2015 8/20/2015 8/21/2015 _ 7. Dates: 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): See attached a.Plan Title b. Prepared By c.Signed and Stamped by ° �. d. Final Revision Date e.Scale f.Additional Plan or Document Title g. Date B. Findings 1. 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(the 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. ® 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. wpaform5.doc• v.611612015 Pap 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-599 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown B. Findings (cont.) 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 the interests of the Act, 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). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linearfeet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a. linear feet b. linear feet c.linear feet d.linea (feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.rly dredged f.cly dredged 7. ❑ Bordering Land Subject to Flooding a.square feel b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet a. ❑ 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. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft 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 j.square feet wpalorm5.doc• rev.6/16/2015 Page 3 0!12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-599 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction# Salem City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. El Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.Uy dredged dcly dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13 Cu yd cu yd ❑ Coastal Beaches a.square feet b.square feet c. nourishment d. nourishment ❑ Coastal Dunes cu yd cu yd 14' a.square feet b.square feet c. nourishment d.nourishment 15. ❑ Coastal Banks a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. El Salt Marshes asquare feet b.square feet c.square feet d.square feet 1s. ❑ Land Under Salt Ponds a.square feet b.square feet c. J dredged d.cly dredged 19. ❑ 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.cly dredged b.ay dredged '+ 21. ® Land Subject to 3230 3230 Coastal Storm a.square feet b.square feet Flowage 22. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feel d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet < wpafom5.doc• rev.6/1612015 Pap 4 of 12 i I Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-599 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityfrown B. Findings (cont.) p#23. If the 23. F-1 Restoration/Enhancement jec *: the purpose of restoring or �, a.s uare feet of BVW enhancing a q b.square feet of salt marsh wetland resource area 24. ❑ Stream Crossing(s): in addition to the square footage that a. number of new stream crossings b. number of replacement stream crossings has been C. General Conditions Under Massachusetts Wetlands Protection Act entered in Section B.5.c (BVM or The following conditions are only applicable to Approved projects. B.1 Tc(Salt Marsh)above, 1Failure to comply with all conditions stated herein, and with all related statutes and other please enter the additional regulatory measures, shall be deemed cause to revoke or modify this Order. amount here. 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. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 6. If this Order constitutes an Amended Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 8/21/2018 unless extended in writing by the Department. 7. 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. wpaform5.dm- rev.6/16/2015 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-599 WPA Form 5 - Order of Conditions MassDEP-File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction# Salem City/town C. General Conditions Under Massachusetts Wetlands Protection Act 8. 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. 9. 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 the 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. 10. 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, "MassDEP"] "File Number 64-599 " 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 13. The work shall conform to the plans and special conditions referenced in this order. 14. Any change to the plans identified in Condition#13 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. 15. 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. 16. This Order of Conditions shall apply 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. wpaform5.doc• rev.6/762015 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-599 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 17. 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. 18. 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. 19. The work associated with this Order(the "Project') (1) ❑ is subject to the Massachusetts Stormwater Standards (2) ® is NOT subject to the Massachusetts Stormwater Standards If the work is subject to the Stormwater Standards,then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; N. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wraform5doe- rev.0612015 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-599 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction# Salem cityrrovm C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party (defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement)for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan")and certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(0 through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f)through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. 0 The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.dm• rev.6/162015 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-599 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3) consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits) shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(l 1), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. waaform5.doc• rev.6/16r2015 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-599 MassDEP File# WPA Form 5 - Order of Conditions Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The hereby finds(check one that applies): Conservation Commission a. ❑that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.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. b. ®that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands Protection &Conservation Ordinance c.50 1.Municipal Ordinance or Bylaw 2.Citation 3. 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. The special conditions relating to municipal ordinance or bylaw are as follows(if you need more space for additional conditions, attach a text document): Attached conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance wpaform5.doc• rev.6116/2015 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: \ Bureau of Resource Protection -Wetlands CSI-(— S f I Jam" WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEr Transaction# City/Town E. Signatures Important:When This Order is valid for three years, unless otherwise specified as a special dv filling out forms condition pursuant to General Conditions#4,from the date of issuance. f. ate Wf Issuance on the computer, use only the tab Please indicate the number of members who will sign this form. key to move your This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers cursor-do not use the return The Order must be mailed by certified mail (return receipt requested)or hand delivered to key. the applicant. A copy must be mailed, hand delivered or fed electr nically-.5"me time j&'---h with the appropriate MassDEP Regional Office. FmA Sig nat zi M Lak 'flayi AL ❑ by hand delivery on (�by certified mail, return receipt regio � , o /c\Nl[ Q� Date Dat 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 MassDEP 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 for 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 providing written information to the Department prior to issuance of a Superseding Order. The request shall state clearly 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. wpa5sigs.doc• rev.0212512010 Page Vof Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-599 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransoction# Salem Cityrrown G. Recording Information Prior to commencement of work, 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 this page shall be submitted to the Conservation Commission listed below. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ----------- ------------------------------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: 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 wpa(o=5.tloc- rev.61162015 Page 12 of 12 Massachusetts Department of Environmental Protection L71 Bureau of Resource Protection -Wetlands DEP File"umber: Request for Departmental Action Fee Transmittal Form Pr°videdby°EP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a.Street Address b.City/town,Zip c.Check number d.Fee amount Important: When filling 2 Person or party making request(if appropriate, name the citizengroup's representative): out forms on the computer, Name use only the tab key to Mailing Address move your Cursor-do City/rown State Zip Code not use the return key. Phone Number Fax Number(if applicable) VQ ` 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 413), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): Name Mailing Address City/rown State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability—Fee: $120 ❑ Superseding Order of Resource Area Delineation—Fee: $120 wpafom doc• rev.4222015 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/). 4. 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. ' z wpafo.S.doc• Y.42712015 Page 2 of 2 Attachment to Order of Conditions # 64-599 e f Page 1 of 5 SALEM CONSERVATION COMMISSION ATTACHMENT TO ORDER OF CONDITIONS DEP FILE #64-599 Dion Yacht Yard 23 Glendale Street City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map(8/13/2015, online)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 contain any vernal pools. This order permits the expansion of an existing boat storage building and associated activities per August 6, 2015 Notice of Intent, approved plans, and these conditions. Additionally, any utility poles that conflict with this project are permitted to be relocated. And due to the flat nature of the site, protection of affected catch basins is sufficient erosion and sediment control for this project,unless the Conservation Commission or its Agent determine otherwise based on site conditions during construction. GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(including all 5 pages of Special Conditions) 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 50. 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 on site, a DEP Sign showing DEP File#64-599 must be installed at the entrance to the site and seen from the public way, but 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. i 4 Attachment to Order of Conditions# 64-599 f Page 2 of 5 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, 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. Arany 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. 21A 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 SITE PLAN SHOWING PROPOSED WORK TO ACCOMPANY A Conservation Commission NOTICE OF INTENT APPLICATION for a RECONSTRUCTED BOAT STORAGE BUILDING (Title) 8/5/2015 (Dated) Scott Ian Patrowicz (Signed and Stamped by) City of Salem Conservation Commission E (On file with) Attachment to Order of Conditions # 64599 Page 3 of 5 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 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. [Reserved]. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there must be a Pre-Construction Meeting on site between the project supervisor,the contractor responsible for the work, and the Conservation Agent and/or a member of the Conservation Commission 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 Agent at (978)619-5685 at least forty-eight(48) hours prior to construction 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 Agent 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 adequate additional erosion and sediment controls stored onsite for emergency purposes. 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 any wetland resource area and/or buffer zones. The erosion control measures shown on the approval plan(s)and provisions in the Order will be the minimum standards for this project; the Commission or its Agent 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. may. Attachment to Order of Conditions # 64-599 gtf ` Page 4 of 5 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 straw bale sediment traps,silt filter bags or other means approved by the Commission or its Administrator. 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 than 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,£urnly 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,strawbale 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). geAttachment to Order of Conditions # 64599 ate' Page 5 of 5 (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: (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 Agent has authorized their removal. ADDITIONAL CONDITIONS 43. No substantial grade changes shall be made on the eastern approach to the expanded building. 44. The Conservation Commission recommends relocating the water main at least 10' from any above- ground structure. SUSAN ST. PIERRE CONSULTING SERVICES August 6,2014 Mr.Gregory St. Louis Chair,Salem Conservation Commission 120 Washington Street Salem,MA 01970 Re: Notice of Intent 23 Glendale Street—Dion Yacht Yard Dear Mr. St.Louis Enclosed please find one original and seven copies of the Notice of Intent filed on behalf of Frederick J.Atkins, Fred.J. Dion Yacht Yard, Inc. for work proposed at 23 Glendale Street at the Dion Yacht Yard. The Project involves the expansion of an existing boat storage building to accommodate additional on-site boat storage. I would appreciate it if you could schedule this project for a hearing at your August 20,2015 meeting. If you have any questions, regarding the filing or the proposed work, please feel free to contact me at(781)439-2461. 0 Susan St. Pierre,,AICCP -Z!2 President CC: G.Atkins F.Atkins MA DEP Northeast Region Enc. 1 original;7 copies Notice of Intent 74 Bay View Avenue I Salem,MA 01970 I Tel. 781.439.2461 1 sst.pierre@comcast.net y .k e ! Notice of Intent Dion Yacht Yard On-Site Boat Storage Nk k . J DION G r IVAQ�ygpp4lNC_ . W � r 3 I Submitted to: Salem Conservation Commission Submitted by: Susan St. Pierre Consulting Services Submitted for: , Frederick J.Atkins Frederick J.Dion Yacht Yard Inc. 23 Glendale Street Salem,MA 01970 August 6, 2015 Susan St Pierre Consulting Services 74 Bay View Avenue,Salem,MA 781- 439- 2461 Dion Yacht Yard Notice of Intent Filing INDEX Attachment 1 Notice of Intent Application Form and Wetlands Fee Transmittal Form Attachment 2 Project Description Attachment 3 Abutters List Attachment 4 Site Photographs Project Plans Site Plan Showing Proposed Work to Accompany a Conservation Commission Notice of Intent Application for a Reconstructed Boat Storage Building, Sheet 1-1, prepared by Patrowicz Land Development Engineering and dated August 5, 2015. Dion Yacht Yard Notice of Intent Filing Attachment 1 Notice of Intent Application Form/Fee Transmittal Form a i Massachusetts Department of Environmental Protection Provided by MassDEP Bureau of Resource Protection -Wetlands MaaaDEP File Number _ L11 WPA Form 3 — Notice of intent DocumentTransacbonNumber }- Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _ c City/Town Important: When filling out A. General Information forms on the computer,use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 23 Glendale Street Salem 01970 cursor-do not use the return a.Street Address b.City/Town c.Zip Code key. �I I Latitude and Longitude: 42030'36" 70°53'11" d.Latitude e.Longitude � 33 0646-0 f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: Frederick J. Atkins a.First Name b.Last Name Note: Fred J. Dion Yacht Yard Inc. Before c.Organization completing this 23 Glendale Street form consult your local d.Street Address , Conservation Salem MA 01970 Commission e.City/Town f.State g.Zip Code regarding any municipal bylaw (978)414-5463 or ordinance. h.Phone Number i.Fax Number j.Email Address 3. Property owner(required if different from applicant): ❑ Check if more than one owner a.First Name b.Last Name Atkins Salem Realty LLC c.Organization 23 Glendale Street d.Street Address Salem MA 01970 e.City/rown f.State g.Zip Code (978)414-5463 h.Phone Number i.Fax Number j.Email address 4. Representative(if any): Susan St. Pierre a.First Name b.Last Name - Susan St. Pierre Consulting Services c.Company 74 Bay View Ave d.Street Address Salem MA 01970 e.City/rown f.State g.Zip Code (781)439-2461 sst.pierre@comcast.net h.Phone Number i.Fax Number: j.Email address 5. Total WPA Fee Paid (from NO[Wetland Fee Transmittal Form): $1,050 $512.50 $537.50 a.Total Fee Paid b.State Fee Paid a Cdy/Town Fee Paid wpaform1doc•rev.4/22/2015 Page 1 of 9 L1LMassachusetts Department of Environmental Protection FrowdedbyMassDEF;,` " Bureau of Resource Protection -Wetlands MassoEPFile Number '. WPA Form 3 - Notice of intent Dowment Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ' - - Cityrrown .A. General Information (continued) 6. General Project Description: Expansion of existing boat storage building to increase on-site covered boat storage capacity. P 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ❑ Single Family Home 2. ❑ Residential Subdivision 3. E Commercial/Industrial 4. ❑ Dock/Pier 5. ❑ Utilities 6. ❑ Coastal engineering Structure 7. ❑ Agriculture (e.g., cranberries,forestry) 8. ❑ Transportation 9. ❑ Other - 7b. Is any portion of the proposed activity eligible to be treated as a limited project(including Ecological Restoration Limited Project)subject to 310 CMR 10.24 (coastal)or 310 CMR 10.53(inland)? i.❑ Yes E No If yes, describe which limited project applies to this project. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2.Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project(310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for. Essex a.County b.Certificate#(if registered land) 6618 82 c.Book d.Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas(see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal 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. wpaformIdoc•rev.4/22/2015 Page 2 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands f " ,MassDEP File Number •.,;m WPA Form 3 — Notice of intentL11 Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _ _. — - - - r City/Tom B. Buffer Zone & Resource Area Impacts (temporary&permanent)(cont'd) Resource Area Size of Proposed Alteration Proposed Replacement(if any) For all projects a. ❑ Bank 1.linear feet 2.linear feet affecting other b. ❑ Bordering Vegetated Resource Areas, Wetland 1.square feet 2.square feel please attach a narrative c. ❑ Land Under explaining how 1.square feet 2.square feet the resource Waterbodies and Waterways area was y 3.orbic yards dredged delineated. Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet replaced t ❑ Riverfront Area 1.Name of Waterway(f available) -specify coastal or inland 2. Width of Riverfront Area (check one): ❑ 25 ft. -Designated Densely Developed Areas only ❑ 100 ft. -New agricultural projects only ❑ 200 ft.-All other projects 3.Total area of Riverfront Area on the site of the proposed project: square feet 4.Proposed alteration of the Riverfront Area: a.total square feet b.square feel within 100 ft. c.square feel between 100 ft.and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 6.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No 3. ®Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.2.f. above. wpaform3,doc•rev.4/22/2015 Page 3 of 9 Massachusetts Department of Environmental Protection Provided by MassDER Bureau of Resource Protection -Wetlands w MassDEP File Number WPA Form 3 - Notice of Intent ' t Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A - ..._.x City/Tom B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) 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 number a.❑ Designated Port Areas Indicate size under Land Under the Ocean, below numb (provided on your receipt page) b. ❑ Land Under the Ocean with all 1.square feet supplementary information you 2.cubic yards dredged submit to the DepartmenL c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d.❑ Coastal Beaches 1,square feet 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment Size of Proposed Alteration Proposed Replacement(if any) f. ❑ Coastal Banks 1.linear feet g. ❑ Rocky Intertidal Shores 1.square feet _ h.❑ Salt Marshes 1.square feet 2.sq 1l restoration,rehab.,creation i. ❑ Land Under Saft Ponds 1.square feet 2.cubic yards dredged j. ❑ Land Containing Shellfish 1.square feet k.❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.cubic yards dredged 1. ® Land Subject to 2,755+/-(permanent)475+/- Coastal Storm Flowage temporary(water line) 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a.square feet of BV W b.square feet of Sall Marsh 5. ❑ Project Involves Stream Crossings a.number of new stream crossings b.number of replacement stream crossings wpaform1cloc•rev.4/22/2015 Page 4 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _ _._ . ._ - - ., . . City/Town C. Other Applicable Standards and Requirements ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Notice of Intent—Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)7 To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to htto://maos.massais.state.ma.us/PRI EST HAB/viewer.htm. a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife 1 Rabbit Hill Road b.Date of map Westborough,MA 01581 If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review(321 CMR 10.18).To qualify for a streamlined, 30-day, MESANVetlands Protection Act review, please complete Section C.1.c, and include requested materials with this Notice of Intent(NOI); OR complete Section C.U, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). c. Submit Supplemental Information for Endangered Species Review' 1. ❑ Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage (b)outside Resource Area percentagelacreage 2. ❑ Assessor's Map or right-of-way plan of site 2. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work " (a)❑ Project description (including description of impacts outside of wetland resource area& bufferzone) (b)❑ Photographs representative of the site Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see htto://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-reviews. Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. " MESA projects may not be segmented(321 CMR 10.16).The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaforrn3.doc•rev.4122/2015 Page 5 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: • x Bureau of Resource Protection -Wetlands I MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number', Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -• e- - -- - City/rown C. Other Applicable Standards and Requirements (cont'd) (c)❑ MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nheso/regulatory review/mesa/mesa fee schedule.htm). Make check payable to"Commonwealth of Massachusetts-NHESP"and mail to NHESP at above address Projects altering 10 or more acres of land, also submit. (d)❑ Vegetation cover type map of site (e)❑ Project plans showing Priority& Estimated Habitat boundaries (t) OR Check One of the Following 1.❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, htto://www.mass.gov/dfwele/dfw/nheso/requlatory review/mesa/mesa exemptions.htm, the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.❑ Separate MESA review ongoing. a.NHESP Traddng# b.Date submitted to NHESP 3.❑ Separate MESA review completed. Include copy of NHESP"no Take"determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable—project is in inland resource area only b.❑ Yes ® No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either. South Shore-Cohasset to Rhode Island border, and North Shore-Hull to New Hampshire border: the Cape&Islands: Division of Marine Fisheries- Division of Marine Fisheries- Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street—3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester, MA 01930 Email: DMF.EnvReview-SouthCoastate.ma.us Email: DMF.EnvReview-North&Dstate.ma.us Also if yes,the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. wpaforrn3.doc•rev.422/2015 Page 6 of 9 I Massachusetts Department of Environmental Protection Provided by MassDEP: ' Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Ciry/rown C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online Users: a. El Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on your 5. Is any portion of the proposed project within an area designated as an Outstanding Resource Water receipt page) (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? with all supplementary a. ❑ Yes ® No information you submit to the 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act(M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? a. ❑ Yes ® No 7. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q)and check if: 1.❑ Applying for Low Impact Development(LID) site design credits (as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2.❑ A portion of the site constitutes redevelopment 3.❑ Proprietary BMPs are included in the.Stonnwater Management System. b.® No. Check why the project is exempt: 'Project is limited to reconstruction/expansion of an existing boat storage builidng. No grading or drainage changes are proposed 1.❑ Single-family house 2.❑ Emergency road repair 3.❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in mufti-family housing project)with no discharge to Critical Areas. D. Additional Information ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent Minimum Required Documents (310 CMR 10.12). 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 Rem.) 2. ❑ Plans identifying the location of proposed activities(including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc•rev.4/2212015 Page 7 of 9 Massachusetts Department of Environmental Protection Prov ded byMassDEP: Bureau of Resource Protection -Wetlands t MassDEP File Number WPA Form 3 — Notice of intent Document Transaction Number. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - _ ._ _.. cityrrown D. Additional Information (cont'd) 3.❑ Identify the method for BVW and other resource area boundary delineations(MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4.❑ List the titles and dates for all plans and other materials submitted with this NOI. Site Plan, Sheet 1 of 1 a.Plan Title Patrowicz Land Development Scott Patrowicz b.Prepared By c.Signed and Stamped by August 5, 2015 1"= 10' d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 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. 8. 0 Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. E. Fees 1. ❑ Fee Exempt: 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: 418 8/6/15 2.Municipal Check Number 3.Check date 416 8/6/15 4.Stale Check Number 5.Check date Susan St. Pierre Consulting Services 6.Payor name on check:First Name 7.Payor name on check:Last Name wpafokm3.doc•rev.4/22/2015 Page 8 of 9 Massachusetts Department of Environmental Protection Provided by MesaDEP: Bureau of Resource Protection -Wetlands Mas'aDEP File Number. WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Cltyrrown F. 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 to 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 by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested)to all abutters within 100 feet of the property line of the project � . k Y_ w n - f� 1.Signature of Applicant 2.Date _ 3.Signature of P operty Owner(if diff 1),/� 4.Dale 5.Sgnature 6f Representative(if any) e.Date For Conservation Commission: J Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment,to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents,one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office(see Instructions)by certified mail or hand delivery. Other: If the applicant has checked the"yes"box in any part of Section C, 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. wpaform3.doc•rev.4122/2015 - Page 9 of 9 LI) 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 Important:When A. Applicant Information filling out forms on the computer, 1. Location of Project: use only the tab - keytomoveyour 23 Glendale Street Salem cursor-do not a.Street Address b.Cityrrown use the return key. c.Check number d.Fee amount 2. Applicant Mailing Address: Frederick Atkins �n a.First Name b.Last Name Fred J. Dion Yacht Yard Inc. c.Organization 23 Glendale Street d.Mailing Address Salem MA 01970 e.Cityrrown f.State g.Zip Code (978)414-5463 It.Phone Number i.Fax Number I.Email Address 3. Property Owner(if different): a.First Name b.Last Name Atkins Salem Realty LLC c.Organization 23 Glendale Street d.Mailing Address Salem MA 01970 e.Cityrrown f.State g.Zip Code (978)414-5463 It.Phone Number L Fax Number j.Email Address To calculate B. Fees filing fees,refer to the category fee list and Fee should be calculated using the following process&worksheet. Please see Instructions before examples in the filling out worksheet. instructions for filling out WPA Step 1IType of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3(Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity. Step 3/1ndividual 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 5frotal 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 cityttown share of the fee,divide the total fee in half and add$12.50. mifeeffAoe•Wedantl Fee Transmittal Poll•rev.10111 Pagel 02 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 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee 3 1 1050 1050 Step 6/Total Project Fee: $1,050 Step 6/Fee Payments: 50 Total Project Fee: $1,otal a.Total Fee from Step 5 State share of filing Fee: $512.50 b. 1/2 Total Fee less$12.50 Cityrrown share of filling Fee: $537.50 c. 1/2 Total Fee plus$12.50 C. Submittal Requirements 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 cityttown fee payment. To MassDEP 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.) noifeeC.d=•Wetland Fee Tmnsn itW Forth•rev.10111 Page 2 of 2 Dion Yacht Yard Notice of Intent Filing Attachment 2 Project Description 1. Project Summary The Project involves the expansion of on-site boat storage capacity at the Fred J. Dion Yacht Yard located at 23 Glendale Street in Salem, MA (see Figure 1, Locus Map and Figure 2 Aerial View). The proposed activity involves the re-construction of a portion of an existing boat storage building (Building C)to create a new stand-alone boat storage building(Building D) located on the northern portion of the site (see Sheet 1 of 1,Site Plan). The improvements are needed to accommodate the boat storage and operational needs of the facility and will reduce the amount of current boat hauling traffic to an off-site location. Currently,the site can accommodate boat storage of 100 boats up to 60 feet in length and includes inside storage for 70 boats. The demand for on-site inside boat storage has been increasing and the owner would like to expand the existing facility to provide additional covered on-site boat storage capacity. 2. Existing Conditions The Fred J. Dion Yacht Yard facility offers various marine services including boat repairs and restorations and has been in operation for almost 100 years. The 4.7 acre site includes several buildings and sheds used for the facility offices, boat storage and repairs as well as a 50 ton travel lift and a 35 ton, 185 foot hoist spar crane and a Brownell boat trailer for boat hauling and repair work. The site also includes areas for exterior boat storage. The waterside includes a large timber pier and several floating docks(see Figure 2 Aerial View and Sheet 1 of 1,Site Plan). 3. Proposed Site Development The Project involves the demolition and reconstruction of the southeasterly portion of Building C and the addition of a new 34.5+/-foot x 80+/-foot addition to create a stand-alone 4,800 square foot boat storage building(Building D)with a crushed stone floor (see Bldg. D on Sheet 1 of 1, Site Plan). An existing fire hydrant located within the footprint of the proposed Building D will be relocated and, if needed, an existing 6"cement lined ductile iron waterline will be relocated to the exterior of the building as shown on Sheet 1 of 1. No other site or utility work is proposed. 4. Wetland Resource Areas and Impacts Wetland resource areas on the project site include Coastal Bank and Land Subject to Coastal Storm Flowage (100 year flood zone). The existing steel sheetpile wall represents the limits of the Coastal Bank while Land Subject to Coastal Storm Flowage includes almost the entire site (see Figure 3, 2014 FEMA Flood Map which delineates elevation 11, NAVD as the 100 year flood line Page I1 Dion Yacht Yard Notice of Intent Filing and Sheet 1 of 1, Site Plan). There is also a 100 foot Buffer Zone that extends from the top of the sheetpile walls(Coastal Bank) 100 feet inland. The proposed building addition will occur in approximately 2,755 +/- square feet (sf) of Land Subject to Coastal Storm Flowage. The floor of the proposed building will remain as crushed stone. No work is proposed within the Coastal Bank Resource Area or the Buffer Zone. Temporary impacts to approximately 47S sf of Land Subject to Coastal Storm Flowage will result if the water line is relocated. There are no performance standards for Land Subject to Coastal Storm Flowage and no adverse impacts to wetland resource areas will result from the Project. S. Construction Methods and Schedule The owner hopes to begin construction this fall with Project completion by late winter/early Spring of 2016. Building demolition debris will,be removed from the site and property disposed of. The landside will be restored upon completion of construction. e ta'F WPO AL • Gkin t '• s;• e gin lima AR AMR t d VAP aim P� ;fry � � � wo•'.� ,[may � �" f R („tib r • w,� / M J 1 .-_.W Ilaw Aye—•*�""' u Proposed Buim Wing G ` 1 Expansion it it M -- •'w-....a �_e�a111� -may • ti. J, fig_-..r__ �. Glendaie St+ -� t V, cr 3'J +` fir' 1 v' •: �, o�. �ao4e GooSle-earth Dion Yacht Yard Notice of Intent Filing = TfA' .rt w Af1� a1 '.r..Fitr +-e¢ii a,se=rtax. 'Y SE7 •�;fi`1 ' `. ' F t"�'••' " r + MAP SCALE 1"0 500' "1a s ..•fp�atr y .• a a .�yam :c 50 0 500 1000 A ' rR 414 rz.,* . FEET e #'j '� i tr Y I ucrco P LMILW }; RO Y. F. ,` - st§f '^" 4 ID PANEL 0419G Eaia �PCE"!A GLOVqq STREET N ZONE VE r .�,.F $1� EE�Ta J +qe.9 t (EL 13) i .:I FIRM t EA, qA`'.j� N"� �i''�' � �' - n FLOOD INSURANCE RATE MAP �3� 9 \, EDEN='rim,^' i��,��' `.' " S !E•M H R+ROR s-TREETf�a •..af ESSEX COUNTY, - _ ® MASSACHUSETTS • 1r = ~ . IALL.IURISDICTTONS) » �n Project Locus77 SLOW""' il�X_SERVY • Imo_ PANEL419OF600 (SEEMAP INDE%FOR FIRM PANEL LAYOUT)t4NeINS =� II " §` cDNNut6IY IABR PANEL sv[tm `. pVENUEm ;i' 1.1'F n In t ' ;GTENO (EL 1i) m �*� r �r 1411".TREETET s + >n7 1�xf rz �•� t w -v'1 61L ZONE E }�,-�- ✓\, TEHRACE aO aJE r4' K A (EL 16) y . a Not.W uwr The Map Wolper an.txI— , NL p .,.t h q • ahold m urea arum placing map orders we .may T 9 r i P r n Community Numeer Shawn ahow Should M f urea on namanot aPPncatWna for Ne auEiem {.i• Cf !n{T pap. M. 1l4 fFfi R Sa .r community �mLIFTON .� ., efr h •,"s. a t'` -m-1` AVENUE e,4 " ZONE ArE ' _ MAP I041 09C419G N k q •), '4 - t'r• 011+ m a 9 o v A MAP REVISED JULY 16,2014 sag S• «' #}Clt1,yr�COlt,Saplem +1 9�O� yi�� GJtI1lIU'4 « 'F r ay, Fe4erul F L \i nn•emen LA9ency ! 1k SSS m' no.o•<a ropy maporu mm tw.e rererencee naaa maP. rc 4' YIE 6 9,9'b0 F ZOrN,EAE / nn woo F-MIT o-u ml P raw na room cnanaoo • '®]` f �,9 Fy0`+r q t); (EC 11) »,�\; • / ni Mcram«km palmaimn�oma..rwmnan owurmaganetciaa�e kna�rehrca 4eW mep check ma FEMA FItta Mep Stara et w+.w.mac fema.pw Figure 3, FEMA Flood Map Dion Yacht Yard Notice of Intent Filing Attachment 3 Abutters List CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND , ' PROPERTY OWNERS BOARD/COMMISSION: Conservation Commission PROJECT SITE: 23 Glendale Street{33_0646_01 DATE: 6/8/2015 DESCRIPTION OF REOUfREMENT: All abutters and any property owner within 100 feet of the property line of the land where the activity is proposed including if land is separated by a public or private street or a body of water and not unreasonably distant from the project site. This is to certify that the time of the last assessment for taxation made by the City of" Salem, the names and addresses of those listed on the attached sheets are"abutters and property owners" (as defined by Wetlands Protection Act 310 CMR 10.05(4)(a))to the parcel(s) of land listed above as the project site. Assessor's Signature: Date: Number of initialed pages attached: Once Certified,Return to: Tom Devine,Department of Planning and Community Development t Salem Web GIS-'Map Page http://host.appgeo.conVsalemma/Map.aspx y Welcome to the Cafy,oent, Mr�ssa'cier�rs`'etts New Property Search 1 s Property ID 33_06 - 1191 f 46-e i� t N Address 23 GL Owner FRED Ini s d Property ID 33 0644 0 z Address 15 GLENDF ' Owner AMODEO F V%1 AV a Property ID 3306470 1 Address 18 GLENDF Owner RYAN GER, Property ID 33 0645_0 Address 21 GLENDF Owner KERWINJC Property ID 33 0646_0 Address 23 GLENDF Owner FREDERICI Property ID 33 0747_8( �r Search 100 L Distance ft f L� IVF Matting Labels Q r. ry fya Q+ vvoLNaooi © o n IPFV ® Scale 1" 191 ft Salem Ci4y Hall 93 Washington Street,Salem,MA 01970 Phone:978-745-9595 City Hall Hours of Operation: Monday,Tuesday&Wednesday BAM-4PM Thursday SAM'-7PM Site designed 5y AppGw, 1 of 1 6/8/2015 12:02 PM 33_0644_0 33_0748_0 _ 33_0631_803 - AMODEO ROBERT C _ FREDERICK.3 ATKINS TRUST FIELD CHRISTOPHER 15 GLENDALE ST 23 GLENDALE ST .. 20 WILLOW AVENUE UNIT 3 SALEM,MA 01970 SALEM,MA 01970 - SALEM,MA 01970 33_0647_0 - 33_0749_0 33_0621_0 - RYAN GERALD C FREDERICK 1 ATKINS TRUST WILLIAMS DAVID 18GLENDALEST 23 GLENDALE ST : 21 WILLOW AVE` SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 fi��7emofiC-E5 339645 0 33 0663_0 33 0630_801ie0.14y KERWIN. C'QtICe- - BEAUREGARD JEAN T 21GLENDALEST 40CEAN AVE 22 WILLOW AVE UI SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 - KIn5 SQ Mt�Q0.I Fy LLC +P Vh PMAL2S 33_0646_0 r I 33_0662_0 33_0630_802 ;'. __ T• JOHNSON MARVIN S 23 GLENDALE STREET 8 OCEAN AVE 22 WILLOW AVENUE U2 SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 - -- 33_0747_801 33_0633_801 330630803 "R2AIf•� �i'oST _ DEVOEDAVID J Y j 2 I 16 WILLOW AVE UNIT 1 22 WILLOW AVE U3 SALFiUrMA-@4*0 �� SALEM,MA 01970 SALEM,MA 01970 }; 13 at At lan-h'c- t 1Tlnl-q eh2.acl1_pad Okclg5 33_0747_802 33_0633_802 - 33_0622_0 SHAPIRO CYNTHIA M - SNOW KATHLEEN A MCMAHON THOMAS V 1R 24 GLENDALE STREET UNIT 2 16 WILLOW AVE U2 23 WILLOW AVE SALEM,MA 01970 SALEM,.MA 01970 - SALEM,MA 01970 33_0747_803 33_0633303 Ch e n y i fon 33_0750_0 JACKSONJUDIA - N FREDERICK J ATKINS TRUST' 24 GLENDALE STREET U3 16 WILLOW AVE UNIT 3 23 GLENDALE STREET - SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 " 33_0661_0:,: ,, 33_0632_0 - DELANEY DENISE BROOKS STEPHEN/BROOKS JILLIAN �. 10 OCEAN AVE 1212.CROSSTIMBERS.DRIVE SALEM,MA 01970 LOUISVILLE,KY 40245 33_0660_0 33 0631 801 `W 0-Nd KELLEY KARLA S ;. K I-"�s��mr" 1 12 OCEAN AVENUE - 20 WILLOW AVENUE UNIT ' . - SALEM,MA 01970 SALEM,MA 01970 - .� 33 06590 C,e�" `�. `I e f - 33 063.1_802 - Imo' } BALDWIN JANICE 16 OCEAN AVENUE 20 WILLOW AVENUE UNIT 2 j -SALEM,MA 01970 , SALEM,MA 01970 11 easy reei�seostvvv-wa-a lon iirr-�—t�Wj 'i i 09 N al�zasyi Ilse Avery®klkalS INU®^^ ; IIeeBPS{IiR mel�oP uP Edges S J i ® xxMi8 A'S,Q Claire Kerwin T&M Domakes Realty Trust T&M Domakes Realty Trust 21 Glendale Street 22 Willow Ave U1 22 Willow Ave U2 Salem,MA 01970 Salem, MA 01970 Salem, MA 01970 Atkins Salem Realty LLC Periwinkle Realty Trust Yifon Chen 23 Glendale Street 139 Atlantic Ave 16 Willow Ave Unit 3 Salem,MA 01970 Marblehead MA. 01945 Salem,MA 01970 Stephanie Hayward Tyler Heath T&M Domakes Realty Trust 20 Willow Ave 16 Ocean Ave 22 Willow Ave U3' Salem, MA 01970 Salem,MA 01970 Salem,MA 01970' I: 1 I juettes favi ® �� re^4 6P3 dn'd0 cta halo. fift el P*aJ ww l@WWay many s� �� a 11.8u0IFMf&le re�-upM7, 1 1-800-GO-AV4R4FL7 el:d 4ed dm em n Dion Yacht Yard Notice of Intent Filing Attachment 4 Photos of Existing Facilities .� . LAL Ilpi III! r * @ View of Existing Building to be partially >w Demolished and Expanded es 0100 73)v p u View of Existing Building and other Structures to the North SUSAN ST. PIERRE I CONSULTING SERVICES August 6,2014 Mr.Gregory St.Louis Chair,Salem Conservation Commission 120 Washington Street Salem,MA 01970 Re: Notice of Intent 23 Glendale Street—Dion Yacht Yard Dear Mr. St. Louis, Enclosed please find one original and seven copies of the Notice of Intent filed on behalf of Frederick J.Atkins, Fred J. Dion Yacht Yard, Inc. for work proposed at 23 Glendale Street at the Dion Yacht Yard. The Project involves the expansion of an existing boat storage building to accommodate additional on-site boat storage. I would appreciate it if you could schedule this project for a hearing at your August 20, 2015 meeting. If you have any questions,regarding the filing or the proposed work, please feel free to contact me at(781)439-2461. Susan St. Pierre,AICP President CC: G.Atkins F.Atkins MA DEP Northeast Region Enc. 1 original;7 copies Notice of Intent 74 Bay View Avenue I Salem,MA 01970 I Tel. 781.439.2461 I sst.pierre@comcast.net n ---------------------- ADJACENT CARPENTRY SHOP q (EXISTING) L 12 g �,-0• _ 4 N,-0. 5 16'-0• �c-o• N I, I'1` 1'��I"� ► I I I I L L I L I I LLSS'�d36 I• I cIyyL� N RI7�F d�P LLRI I. I I. I I. I. I L__ _I I 1 I-I'a-1 a I Z p LgO T{IF 9 µYO t11 I I I ! I I I I I I I ROOF LL 90 PSF 9 O III �IIXI}f�LIf�IIIJIL ILI, IIILLLL . I SNOW • 90 PBFSHOW DRIFTING L SE MT VERS IN m SQB• I 151111 ,� IIIAI. LLII, IIILILI. (, LLL LIIII, IIII. I ;I Ii. Ii. l. Iillll ACCORDANCE WTH NABS m I STATE BIIILDMG CODE W w < a a 1-t 11-t11-r11_r 1-r11 r11-r11;r 1-r - 11-r 1-r11-r11-r11 'I IIIIIIII 11 Of illllll , ll l IIIIIIII , , , TRUSS BRIDGING (TTP) a N W IIIIIiII. l. 11. II , . , . . . , N.P11'' � wRcn mo (n III al � al..� al � al_. Z W 1I1.II,1J11I1;1I �1VI,�1I1 -+III,LIIOL�iIIII1I-FI1Iri1;-1, 1lli.`lIllIilI�I,ElI ll I11,�;►I�_ `�IL�,III,II �I II`Ll.,ILII{IIII (r LtI,;l�,I " ns H T. . . . AACOTEESR o OF ROOF TR Ir -14 -114 Ili rTi` T -13EE � N za-0 zO'-a 1 I I I I ERHEAD DOOR,TYP. 1 I II IiIki II I I�2 I I oIIT I� �2V LOCATIONS T m LJS RIA A GYOR .I7'(P1 1 I I I L I I I I ! lU ' k It,COpf�REF :PIER. . --1--�-- 1�� ME�g4Y�tE�)I FLOOR PLAN NORTH It SCALE•. 1/8" — I i is t N N 5/8' TEXTURE ONE a ELEVEN SNEATNING' 2x6 EXTERIOR NALL , 1x1 VERSA-LAN POST 5V7 T SIMPSON CB T VB-T _ POST SADDLE 8' OF 3/4 CRUSHED STONE RADE d$`vry4ei� ao`a Z _ O /- . . 1 Z 0) CONCRETE PIER 9 O - (q) nq REBAR :A r:..."12'_6•.z 7-6' x I'-0' m -1' CONCRETE FOOTING,TYP. 1. a 14'-0' x 4'-O' x r-3' 301-0' F CONCRETE FOOTING, SIM.) 114 REBAR • Ir O.G. Q Q a •_ . EACH NAY.BOTTOM 6A 4 l a�m5p R w w FOOTING DETAIL rn a SCALE: I/2° n " Qn C) §g z c O F- A. 30,_0. B 30'-0' ! m Nz ROOHNG MEMBRANE J ROOF PER �L OVER 3H' DECKING O � N Y Ip 30' PRE-ENGINEERED a- I WOOD TRUSSES • IC OC- 2,d BRACE AT ( t QS LINES BEAM - (4)1 3/1' x W LVL'S BEAM - (3) 1 3/4 x IC LVL'S BEAM - (3) 1 3/4 x N' LVL'S b n 2,4 EXTERIOR WALL W/ 5/8' T-11 SHEATHING a ix VERSA-LAM POST rrYP) ) 8' OF 3/4' CRUSHED STONE !a9{!p _ BUILDING SECTION 'A' �f SCALE: 1/8x co 4 5 Z o I 2 3 4 Z m 6'-01 K'-O' - I6'-O' 3 _0 Srl I/S ROOFING MEMBRANE < IMPSON CC6_1 POVER 3/1' DECK t OST CAP 1 ISOLATION BOARD m - W J V' Ww Q N Q SIMPSON ECCE l I/830' PRE-ENGINEERED W W POST CAP a �� i WOOD TRUSSES M O.C. ��` N W 0 OUTSIDE CORNERS ` ` BEAM - N) 1 3/T •`` < K' LVL'S Q LJ O 2xf EXTERIOR WALL W/ ` 5/e' T41 SHEATHING ��\ � m Q N Y O i Vl Z G AT J BRVNE lxl VERSA-LAM POST (TYP) i ` n j N � `� B'OF 3/Y CpBHED STORE w 4 1 11 � 1 1 3g BUILDING SECTION 'B' i SCALE: 1/6" Its DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application pursuant to M. G. L. Chapter 91 Waterways License Application Number W15-4506 Applicant: Fred J. Dion Yacht Yard, Inc Project Location: 23 Glendale Street, Salem MA, 01970 Public Comments Deadline: January 21, 2016 NOTIFICATION DATE: December 22, 2015 Public notice is hereby given of the Waterways application by the Fred J. Dion Yacht Yard, Inc to construct and maintain a new boat storage building, also maintain existing structures and fill at 23 Glendale Street, in the municipality of Salem in and over Filled Tidelands of Salem Harbor. The proposed project has been determined to be water- dependent. The Department will consider all written comments on this Waterways application received by January 21, 2016 (Public Comments Deadline). Failure of any aggrieved person or group of ten citizens or more to submit written comments to the Waterways Regulation Program by the Public Comments Deadline will result in the waiver of any right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c). Additional information regarding this application may be obtained by contacting the Waterways Regulation Program at (617) 292-5615. Project plans and documents for this application are on file with the Waterways Regulation Program for public viewing, by appointment only, at the address below. Written comments must be addressed to: Jerome Grafe, Regional Planner, DEP Waterways Regulation Program, One Winter Street - 5th Floor, Boston, MA 02108. RECBVED DEC 2 D 2015 DEPT.OF PLANNING k% COMMUNITY DEVELOPMENT r ( I FOR REGISTRY USE I, HEREBY CERTIFY THAT THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTRY I OF DEEDS. i I Scott Ian Palrowicz, P.E. I i i I I I I i i 1 Ad lucent Property H'Inerei Mme e1 >"cme�) SAID y 1. VlOo ivlew Condanlnlun YI\ HARBOR p22 Was Ave (Map 33, Lot 6301 55 p 2. Janice Baldwin, �Yv""5' sa— 1" = 80' Glendale Cove Condanlnlun ' GRAPHIC 920 Vlllow Ave (nap 33, Lot 631) 9 SCALE 3. Stepinen 6 Allan Broaks #IB Willow Ave (Map 33, Lot 632) 1 x 4. Clalre Kerwin _ #P1 Glendale St (Map 33, Lot 646) �M\\ 5. Harloarview Condanlnlun o p24 Glendale St (Map 33, Lot 747) a 6. Kerns Keltey #12 Ocean Ave (Map 33, Lot 660) LOCUS PLAN m $ _ 7. Benice Delaney ^Y pts Ocean Ave (Map 33, Lot 661) 1 = X000' 8. Marvin Johnson /I W ♦I1 p8 Ocean Ave (Map 33, Lot 662) Iloehsec 553B, 9. Jean 6 Dorothy Beauregard Ma.1299 (1931) II I, mt p4 Ocean Ave (Map 33 Lot 663) Ne.1560(1Y ) �n p 10 Frederick J. Atkins Trust y 1y ORR Ocean Ave (Map 33, Lot 749) No.2"Sj l (1912) Z( 'I w 6375 (1975) '�1 l 8'lid�Boo'a1Oh g • Ne. 812 (1981 11Sg x Ill 1 ( lm aanmay) .. _. 17I 1'Fi PLANI. ' 7 1A DATUM: NGOD'88 MHW, .� $m (dexisting sheet pile well) WSII 4g`t $ w i` t9ss CD o I 4 .V a.x*w I F a .IMHW� D A1 8 a lam sued < 9 C 7 17-71 (ou uN "i ♦e OF M4, 1 e2 SCOT(MH w 5 8 s vA> Lcz 711 B 2 oats: lo/ 9/15 3 —1lJ 4 Sheat 1 ar 3 Ir-1 PLANS ACCOMPANMNG PETITION OF l Frederick J.Atkins, Fred J.Dion Yacht Yard,Inc. J to Construct and Maintain a Proposed Soot Storage Building and to I iMaintain Existing Buildings, Fill and Waterside Facilities - - - 23 Glendale Streat,,Salem, Massachusetts (aepcui to S.,an N Ter) I FOR REGISTRY USE I, HEREBY CERTIFY THAT THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTRY DEEDS. I I Scott Ian Patrowicz, P.E. E 1 j I I SITE PLAN 1N OF MIS '9 `)<1 T SdW fll ple 1' � \ Fw�� IV g \ i DAVM: NGW'88 JcM Fal P \\` ri . I 4 i 0 GRAPHIC SCALE 0 NLW (� MHW. � . eoIIE MI pl MEW /�INW..m.a ( — ~ Imo. e/I exolln9 4Tlang Fy w� I /II✓ x 3'Nke_nOWay R mtWalk 111 axlatNg one 401ong x 9a^9eoY) exle0ng gnvM boat tare � i 1 jE rr^^ (Exlstlrg] Portlm to be re—meutrvcted ! New footprint= 2,75533 Total Pnpocetl Wall- I� 4.80033(Hoot Storage) ! Date: 10/29/15 $) 1 Sheet 2 of 3 Pro osed t PLANS ACCOMPANYING PETITION OF /+ Frederick J.Atkins, C BI J. pE�ae�ti� Fred J.Dion Yacht Yard, Inc. (Etasting) 6�m`r I I to Construct and Maintain a Proposed -% Ot "s", I Boot Storage Hulling and to �\_ j Maintain Evicting Bultlingc, Fill one Wa[enitle Facilities ! aemee oc 23 Glendale Street, Salem, Massachusetts xxmoi { i I FOR REGISTRY USE I, HEREBY CERTIFY THAT THIS PLAN WAS PREPARED IN ACCORDANCE WITH THE RULES AND REGULATIONS OF THE REGISTRY DEEDS. I Scott Ian Patrowicz, P.E. 1 I 1 I + I exbting 1, t T �/ ; ed'k WI pier \MLw � / �Nw `A.--L E 1YL , exb ng a ee p I i exNed 4.n._wMa raO.aY&mtwalk 444444LLL " AA \ I' exletbg one 401ong x i FEMA VE�B'.lde ( g'y) (20ta) MM gangweY) 1 + exbtb,g grand!boot Yard I ! 9 IE - Evisting Portion to be re—conelrueted / = 2.ow52SE r N.footprint= 2.75525` F 11 , ! Total Proposed Bldg- r (Exbting) ! 4.80025E(Boat Storage) � I D 8 (Existing) I Pro osed 17 C BI g. DIV! Oe (Existing) Om • ', ----- 2 -2 B= H y z I (Existing) 'a7 Cj c rhe I a g - - SITE PLAN 4 y I t�7 DATUM: NGVD'88 Date: 10/29/15 1 Sheet ] of 3 v N U m" PLANS ACCOMPANYING PETITION OF �a• n '�g j j Frederick J.Atkins, w*nwncz T .i Fred J.Dion Yacht Yard,Inc. au—� to Construct and Maintain a Proposed W 9F0j pEa m Boat Storage Building and to 1 Maintain Existing Buidi ege. RII and Waterside Facgities 1 = 40' GRAPHIC 27 Glendale pStreet.s Sol.. Ma..husetts SCALE ) 1 NOI Status Sheet Address: �( , S4- DEP #: Application Type: IV 02 Date Submitted: Contact Name: 6� �r � � ` Phone: -2V Proposed activity: E ^5�✓� �.a�t S�rayQ l�,2� ^� Application Complete rCorrect Fee Received ,,Abutters List Requested ,Received h.egal Ad Sent Ugal Ad Confirmed' Online ,--�`AAdded to Agenda Agenda to Applicant Agent Comments to Commission )DEP Comments Hearing Opened: Continued: Site Visit: ,Abutters Notice Confirmed -IWmit Sent to Applicant and DEP Confirmation of Delivery EExpiration date added to calendar dded to database Applicant Recorded OoC with Registry Preconstruction Meeting: Certificate of Compliance Sent to Applicant and DEP Confirmation of Delivery Applicant Recorded CoC with Registry Notes: H1CON COMMWdministrative\project status sheet\NOl status sheet 2012-12-27.doc