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8 HARBOR VIEW TERRACE - CONSERVATION COMMISSION IZ�?A - 8 .4�ar�t v yew `Tu�a,cA. I V CITY OF SALEM CONSERVATION ON COMMISSION April 18, 2007 Mr. David Pabich 8 Harbor View Terrace Salem, Massachusetts 01970 Re: Determination of Applicability 8 Harbor View Terrace , Salem, Massachusetts Dear Mr. Pabich: Enclosed, please find the Determination of Applicability for the above referenced project. Following the 10-day appeal period (as of April 28, 2007), you may proceed with your project. This Determination is good for three years from the date of issuance, April 18, 2007. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, Carey ques Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Salem computer, use Conservation Commission only the tab key to move To: Applicant Property Owner (if different from applicant): your cursor- do not use the David Pabich return key. Name Name 8 Harbor View Terrace Y m� Mailing Address Mailing Address Salem Mat 01970 Cirylrown State Zip Code city/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Proposed Work Areas 8 Harbor View Terrace Salem MA April 3, 2007 Title Date Photos of Sea Wall and Concrete Walk April 3, 2007 Title Date 8 Harbor View Terrace Sea Wall Repair Detail April 3, 2007 Title Date 2. Date Request Filed: April 3, 2007 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): The proposed work is located in the 100 foot buffer zone to the coastal bank at the high tide line, above the coastal bank. Approximately 50 feet of seawall will be repaired. The existing structures include a seawall that is listing outward as well as a second wall immediately behind the first. The scope of the project will include first removing the soil between the walls and at points behidn the rear wall to facilitate the installation of the bolts. The next step is to drill bolt holes through both seawalls at approximately eight (8) locations. Once the bolts are installed gravel and filter fabric will be placed between the two walls to ensure proper drainage. The gravel will be topped with loam and seed to replicate the current condition. Once the walls are tied together, the large crack at the corner will be filled with grout and the corner reinforced with a galvanized angle bracket. Excavation of the walkway will occur within the buffer zone and upland to a coastal bank. All excavated material will be stockpiled on the ...I.-.J ..:J.. —{IL.. ....--1. -- A—.-.-:I ♦ ......J :� L— L....I.{:II:.. ...:II L �......J{-�...- {L.. L..{{ ...... Project Location: 8 Harbor View Terrace Salem Street Address Ciry/rown 32 387 Assessors Map/Plat Number Parcel/Lot Number wpaformP.dw•rev.3/1/05 Page 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling,dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaform ,doc•rev.3/1105 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Rivertront Area described on referenced plan(s) and document(s),which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project'is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1.The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2.The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). Any excavate material shall be located outside of the buffer zone and all excess material shall be removed from the site and properly disposed of. All work completed on the seawall shall be completed from the landward side if there is any change the applicant shall notify the Salem Conservation Agent and/or Conservation Commission at 978-619-5685. ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. wpaform8.doc•rev.3/V05 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ® by certified mail, return receipt requested on Date Date Jnr;l ISS , This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Attachment) and the property owner(if different from the applicant). Signatures'"' e5� �c April 12, 2007 Date wpalorrP2.tloc•rev.3/1105 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Attachment) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see 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 Determination. 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. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. wpalormg.tloc•rev.3/1/05 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tynngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Walas Alford Cummingion Hatfield Monterey Richmond Ware Suite 402 Amberst Dalton Hawley Montgomery Rows Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bemardstoo Egrertont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutasbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Chademont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Levered Orange Southwick Williamsburg Chester Granville Leyden as Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charlton Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbumham Clinton Hubbardston Millville Shirley Wallen Ashby Douglas Hudson Now Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brooldeld Leicester North Brookfield Spencer West Brook idd Barre Fitchburg Leominster Cool Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford! Stow Westminster Berlin Grafton Lunenburg Pardon Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Bmborough Hardwick Medway Phillipston Townsend Boylston Holden Mention Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington - Dartmouth Freetown Mattapoisett PrIwincetown Tsbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Welaleet Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bndgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Baume Easton Harwich Norwell Scituate West Tsbury TDD:508-946-2795 Brewster Edganown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Caner Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Maston a Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andovsr Chelsea Holbrook Methuen Randolph Walpae Arlington Cchasset Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wonham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Wmon Boxiord Everett Lynnfield Newburypon Sherbom Westwood Braintree Framingham Maiden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmngton Burlington Gloucester Marblehead North Andover Sudbury Winchester Caroundge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Towksbury Woburn Carlisle Haverhill Melrose Peabody Topsfidd Wpatorm2.doc•DEP Addresses•rev.10/6/00 Page tot 1 UNITED STATES POSTAL SERVICE • Sender: Please print your name, address, a"d P4:4 Is boxes I I I I I Salem COnservation Commission 120 Washington Street,3rd FI Salem,MA 01970 DOA V ' raw SENDER: COMPLETE THIS SECTION COMPLEIE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signal item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that-We Can return the card to you. B. ecelvedy PdMed N ) C Date of Z Deliveq ■ Attach this card to the back of the.mailpiece, J ) or on the front if,space permits. D. Is delivery address different from item 17 Oyes 1. Aiticle Addressed tdi If YES,enter delivery address below: ❑No 3. Service Type DECerfified Mail ❑Express Mail ❑Registered ❑ Return Receipt for Merchandise '0 Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yess 2. Article Number --t-rI I__ 1.i l 1111t l f r r i -s 1'651 1. (rmnsfer from service fabe# 1 '-1117335 !3113'13333 717616523 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES .iia s;9tlled, 23 ,AM 20Y7 • Sender: Please print your name, address, and ZIP+4 in this box I I I I Salem Conservation Commission I 120 Washington Street,3rd FI Salem,MA 01970 Dbfl s #di&e V I ►iit,,,,,]li,i„i„,IN,,,,,fi„f,i,,,i,f„it i;i„iti„1,i,if SENDER: DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent X ■ Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the met piece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Item 1? 0 Yes ,_ _ ___. _._�. .. __ �fi,,, If YES,enter delivery address below: 0 No i The Commonwealth of Massachusetts Department of Environmental Protection ,Northeast Regional,Office 3 205B Lowell Street` i 3. Service Type pp4,�_Wtlmingtbn,MA 01887 " ErCertified Mail 0 Express Mail 0 Reglstered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yas 2 AN a Number ~ aNcetabeq f 7005 3110 0000 7176 6530 tro se PS Fdrrt$ 1,1,,February 2004 Domestic Return Receipt 102595-02-M-1540 Massachusetts Department of Environmental Protection `r Bureau of Resource Protection - Wetlands City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: ` When filling out 1. Applicant: , forms on the computer, use only the tab key Name ct1 E-Mail Address to move your T 1/f7-��p- J�//)EW �'''r`- , cursor-do not Mailing Address use the return N04— 0]9 q key. Ciry/Town State Zip Code Phone Number Fax Number fit applicable) 2. Representative(if any): A PR� f1f,3. LOO I_ Contact Name EaNail Address H filing Address r own State Zip Code • Phone Number Fax Number(ff applicable) B. Determinations 1. I request the ET1 CW WI') make the following determination(s).Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s)and/or map(s)referenced below is an area subject to jurisdiction of the Wetlands Protection AcL ❑ b. whether the boundaries of resource area(s)depicted on plan(s)and/or map(s) referenced below are accurately delineated. fiK whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act. ❑ d. whether the area and/or work depicted on plans)referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of. Name of Municipality ❑ e.whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpafoml.tl : Page 1 al4 t ,.1 ,r Massachusetts Department of Environmental Protection `r Bureau of Resource Protection -Wetlands WPA Form 1- Request for Determination of Applicability Ciry/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location(use maps and plans to identify the location of the area subject to this request): � OA p-VIEW TEw' SALEK Street Address City/Toum HPX 32 LOT 'VrT Assessors Map/Plat Number Paroe"Number b. Area Description(use additional paper,if necessary): 3UMM -ZDNE (�- 4i6rk TTL ONO , A&IA ClI� S'4N< , gIFE IS 01-S'- Q� 1-Aiy9'Yarc— c. Plan and/or Map Reference(s): Title Date - Title Date Title Date 2. a. Work Description(use additional paper and/or provide plan(s)of work, if necessary): &C ATTAOgM OWLi poo ALL WX P/ZDPp-':�,,-p LS WtTHIAJ 'VHCV- ryoi 516 i2 qVNI�' TO A- CO45f2. FA-NZ. (,S0+/NA-U) „yslo,m,.ex Page 2 M 4 t �.'•\ •�� '�� � "�.YJ'� R4 b 'CAE � n. �YFI�'� .�. i y} ®� nk ���• F lin ®� 1� � ' � ..0..F W • 44 }1��VIEW TElet?ACE Mor- N Property Line to Low Water Mark (Per Deed) BENCHMARK: _ + 11 63 St eet Side Hex Nut 5'02 EI 23.04 (NGvD) 225 i B.W. w a + 19 01 MEAN HIGH WATER MIDWAY UP SEA WELL HARBOR VIEW TERRACE 20.91 6 2z ea TOP OF SEA WALL IS TOP OF COASTAL 3264 EROSION ONTROL \\\ i °21.45 BANK 21.27 21.25 r CONCRETE WALK 2071 T B89 W SALEM Go Doorr - HARBOR D Mop 32 Lot 387 +20. 10,8573 sq.fl. Wood k8 Deck Map 32 Lot 379 m 1% Sty. (Over) � AREA OF SEA N/F ro Dwelling 21.fis N WALL REPAIR Christopher Kent i%) I N 6 Harbor View Terr. 1i'I Deed Bk. 21737 Pg. 499 BUFFER ZONE + 2231 8.5 11�JI i 142.21' 20.19 10.16 B. _ T.W. T. . EROSION CONTROL Mop 32 Lot 381 SEA WALL N/F Peter Kirkpatrick 409 Lafayette St. Deed Bk. 13666 Pg. 415 PROPOSED WORK AREAS 8 HARBOR VIEW TERRACE ZONING DISTRICT — R1 SALEM, MASSACHUSETTS Setbacks Front — 15' Side - 10' HOR. SCALE IN FEET Rear - 30' 0 20 50 100 8 Harbor View Terrace RDA Project Description There are two activities proposed under this RDA: 1) Seawall repair 2) Bituminous concrete driveway and concrete walk removal. Seawall As shown in the attached photographs, there is approximately 50 feet of seawall in need of repair. The wall is currently listing outward,with a displacement of about 8 " at the top. There exists a second wall immediately behind the first, buried below about 4" of soil. The repair will consist of a series of 1-inch diameter galvanized bolts that will extend through both walls, anchoring the front wall to the rear one. As shown in the included cross-section diagram, the soil between the walls, and at points behind the rear wall,will be removed to facilitate the installation of the bolts. Boltholes will be drilled through both walls at approximately eight locations. Once the bolts are installed, gravel and filter fabric will be placed between the,walls to ensure proper drainage to reduce the destructive effects of freeze-thaw. The gravel will then be topped with loam and seed to replicate the current condition. Once the walls are tied together,the large crack at the corner will be filled with grout and the corner reinforced with a galvanized angle bracket. All proposed excavation is within the buffer zone, upland of the coastal bank. All excavated material will be stockpiled on the upland side of the work area. Any soils not used in backfilling will be removed from the buffer zone. Should the project duration extend into inclement weather, stockpiled soils will be covered with plastic. Drive and walk: The concrete walk (TV x 70')will be removed and replaced with a shorter brick walk (3' x 23'), landscaping and grass. The portion of walk that runs adjacent to the house is to be eliminated. The bituminous driveway (40' x 45') will be removed and replaced with loam and seed. The drive is entirely outside the buffer zone. i � a d �• ��1. —�-.s.�5`t*.. �y a v. ,l�ww q� BCoi w,.e.,....w."" i�" y't- - r �•�-'� ,sem`.Hr��.ia�:..r.> j' W s Wall from south Top of wall looking south el,d'. w ' ✓ w X. K View of"second" wall behind first l' kP j y Y f � s Concrete walk EXCAVATION BEHIND PRIMARY WALL TO EXTEND TO BOTTOM OF WALL EXCAVATION BEHIND SECOND WALL AT EACH BOLT LOCATION 1 1/4" HOLE DRILLED THROUGH BOTH WALLS. WALLS BOLTED WITH 1" DIAMETER BOLTS EXISTING GRADE24" TO REMAIN 000 O 12 000 = APPROXIMATE O 000 5.0' 00 0 FREE-DRAINING 000 00 GRAVEL WITH O FILTER FABRIC 0o0 l t BEACH O SECOND WALL PRIMARY WALL NOTES: APPROXIMATELY 8 BOLTS TO BE INSTALLED ALL SOIL TO BE STOCKPILED ON UPLAND 8 HARBOR VIEW TERRACE SIDE OF WORK AREA AREA TO BE LOAMED AND SEEDED IMMEDIATELY SEA WALL REPAIR DETAIL FOLLOWING WORK APRIL 2, -2007 ALL WORK TO BE DONE AT LOW TIDE Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands l WPA Form 1- Request for Determination of Applicability Ciry/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor regulations which.may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project,other than a single family house or public project,where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved,definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverrront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial,or commercial project ❑ Municipal project ❑ District, county,state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S.Amry Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence(e.g.,record of date subdivision lot was recorded)supporting the classification above(use additional paper and/or attach appropriate documents,if necessary.) wpdami. o Page 3&4 Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of per)ury that the foregoing Request for Determination of Applicability and accompanying plans,documents,and supporting data are We and complete to the best of my knowledge. I further certify that the property owner,if different from the applicant,and the appropriate DEP Regional Office were sent a complete copy of this Request(including all appropriate documentation)simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the properly owner. PAv I D FA?>J04 Name y 2vi0N) Mailing A^tl+tlres�s `"z lv 1 City/Town nn l'-�� /_I �y State Zip Code Signatures: I also understandkiLst will be placed in a local newspaper at my expense in accordance ' Wetlands Protection Act regula ions. Signature of Applicant Date Signature of Representative(if any) Date wparorml.doc P.9.4 of 4 CITY OF SALEM CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a public hearing for a Request for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of David Pabich. The purpose of the hearing is for a determination of work related to repairs to a seawall and removal of bituminous driveway and concrete walkway within a coastal bank and buffer zone of a coastal bank at 8 Harbor View Terrace. This hearing will be held on Thursday, April 12, 2007 at 6:00 p.m. in Room 313, third floor at 120 Washington Street. 41 7 Kevin P. Cornacchio Conservation Commission Chairman Please run legal advertisement on: April 5, 2007 Please send bill to: David Pabich 8 Harbor View Terrace Salem, MA 01970 978-744-7558 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM Page 1 of 1 Carey Duques From: David Pabich [dpabich@comcast.net] Sent: Monday, April 02, 2007 2:46 PM To: Carey Duques Subject: RDA -8 Harbor View Terrace Hi Carey- On behalf of my client, (me) I am submitting the following description of proposed work within the buffer zone at 8 Harbor View Terrace, Salem. There are two activities proposed under this RDA: 1) Seawall repair 2) Bituminous concrete driveway and concrete walk removal. Seawall- As shown in the attached photograph, there is approximately 50 feet of seawall in need of repair. The wall is currently listing outward, with a displacement of about 8 " at the top. There exists a second wall immediately behind the first,buried below about 4" of soil. The repair will consist of a series of long bolts which will extend through both walls, anchoring the front wall to the rear one. The plan is to remove the soil between the walls and at points behind the rear wall to facilitate the installation if the bolts. Once the bolts are installed, gravel will be placed between the walls to ensure proper drainage. This will help to reduce the destructive effects of freeze-thaw (most likely the cause of the failing). This will then be topped with loam and seed to replicate the current condition. Once the walls are tied together, the large crack at the corner will be filled with grout and the corner reinforced with a galvanized angle bracket. All excavation is within the buffer zone. Drive and walk- The concrete walk (2'6" x 70') will be removed and replaced with a shorter brick walk (3' x 23'), landscaping and grass. The portion of walk that runs adjacent to the house is to be eliminated. The bituminous driveway (40' x 45') will be removed and replaced with loam and seed. The drive is entirely outside the buffer zone. 4/2!2007 City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete lbrm and make two copies. Date Received Amount Received 6 aJf p� Form of Payment Che& Cash CHECK PAYMENTS: write check number CASH PAYMENTS: write client initials c 1 Sign Permit Appikatlon Fee IX i Conservation Commission Fee Payment received for what service? Planning Board Fee Q Odd Town Hall Rental Fee Other Name of staff person receiving payment Additional Notes DAVID A. PABICH 5er-7214/2113 329 HEATHER PARRY 003063906 8 HARBORVIEW TERRACE SALEM, MA`01970 DATE ^7 3 PAY TOTHE (. ,,\ ORDER OF - - OLLARS 8 BEVERLY 3 COOPERATIVE BAN$ BM11y,MA01916 MEMO - 1: 2ii372i4Si: 003063906u' 0329 Original Check and Form: DPCD Finance Copy 1: Client Copy 2:Application File Massachusetts Department of Environmental Protection ---- Bureau of Resource Protection -Wetlands WPA Form 1- Request for Determination of Applicability c-i /rown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out t- Applicant: forms on the � v 1, ^-I computer, use Name -& paa 1� &- only the tab key [r� �ARWQ t )EK) -FE-Mail Address to move your Cl Y Q41 cursor-do not Mailing Address — use the return MIA- -0 9 key. cityrrown �� State Zip Code � ��fy- '�558 Ptrore Number Fax Number(it applicable) 2. Representative(d any): Finn Conrad Name E-Mail Address Mailing Address City/town State Zlp Cotle Phone Number Fax Number(apappllmble) B. Determinations 1. I request the S� CON COM make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s)and/or map(s)referenced below is an area subject to jurisdiction of the Wetlands Protection Ad ❑ b.whether the boundaries of resource area(s)depicted on plan(s)and/or map(s)referenced below are accurately delineated. &/,C.whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act. ❑ d. whether the area and/or work depicted on plan(s)referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of. Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wPetertnl.Eoc Page t Wa ' Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands } WPA Form 1- Request for Determination of Applicability Clry/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description I. a. Project Location (use maps and plans to identify the location of the area subject to this request): a-qAegm—Vi EW ?QP, "I l m Street Address CdYrrown _MkP 32 LoT VJ Assessom Map/Plat Number Parce"Number b. Area Description (use additional paper, if necessary): FUS_ '2D6J ca- 416f4 77W L INC, CtItIA3T)4L_ S�N,L gITE IS �_ nF ��a,-,tY�t� c. Plan and/or Map Reference(s): Title Date Title Date Title Date 2. a. Work Description(use additional paper and/or provide plan(s)of work, if necessary): �� 19-9T�1-ISA DF.SCd� IFT)DrJ ___ ALt_ Ei10px PauPrz qw' TO A- coq.srj gxlwu4 t!s b�ALL Pea.2 of 4 ' 1 ' �f�� w1_ve• ^� 3 .a. ����� s .+r rr, �- �+,w � �Un(a o- - � f' w / we Y i ��\ a ,�C ���• - ", �. NAkBoo-110, TP�+4cc� Sq�.er 9RC4Ez:�r LOC MoNj F3 NAVIEW -reacE ®. 1 —AA A♦ w N Property Line to Low Water Mark (Per Deed) HENGtl99A6B: _ T W Sl(eel Side Hey Nut t W -- + ,.eio1Z MEAN HIGH WATER HARBOR VIEW TERRACE MIDWAY UP SEA WELL 20 T 69.22' 1 et. O 0- P OF SEA WALL �\ L�1IS TOP OF COASTAL 3.169 EROSION �ONTROL _ a " 1 ; BANK \ / tf. 7 CONCRETE I WALK " "' i4'66 3 ee SALEM Fl i, T.W. B.W. Door cHARBOR Door Mop 32 Lot 387 +"<2+.0 10,8573 sq.fl. i Wood #8 Deck Map 32 Lal 379 m Sly. (Ower) AREA OF SEA Dw N� Christopher Kent iNw elkng WALL REPAIR 5 Harbor View Terr. Ct N� Deed 8k. 21737 Pg. 499 .i BUFFER ZONE 14221' - jn 1.7 70. 'G B. . — � T.W. T. . EROSION CONTROL Mop 32 Lot 381 SEA WALL N/F Peter Kirkpatrick 409 Lafayette St. Deed Bk. 13666 Pg. 415 PROPOSED WORK AREAS 8 HARBOR VIEW TERRACE Zj N0 DISTRICT — R1 SALEM, MASSACHUSETTS Setbacks Front — 15' Side — 10' HOR. SCALE IN FEET Rear — 30' 0 20 50 100 8 Harbor View Terrace RDA Project Description There are two activities proposed under this RDA: 1) Seawall repair 2) Bituminous concrete driveway and concrete walk removal. Seawall : As shown in the attached photographs, there is,approximately 50 feet of seawall in need of repair. The wall is currently listing outward,with a displacement of about 8 " at the top. There exists a second wall immediately behind the first, buried below about 4" of soil. The repair will consist of a series of 1-inch diameter galvanized bolts that will extend through both walls, anchoring the front wall to the rear one. As shown in the included cross-section.diagram, the soil between the walls, and at points behind the rear wall, will be removed to facilitate the installation of the bolts. Boltholes will be drilled through both walls at approximately eight locations. Once the bolts are installed, gravel and filter fabric will be placed between the walls to ensure proper drainage to reduce the destructive effects of freeze-thaw. The gravel will then be topped with loam and seed to replicate the current condition. Once the walls are tied together, the large crack at the corner will be filled with grout and the corner reinforced with a galvanized angle bracket. All proposed excavation is within the buffer zone,upland of the coastal bank. All excavated material will be stockpiled on the upland side of the work area. Any soils not used in backfilling will be removed from the buffer zone. Should the project duration extend into inclement weather, stockpiled soils will be covered with plastic. Drive and walk: The concrete walk (2'6" x 70') will be removed and replaced with a shorter brick walk (3' x 23'), landscaping and grass. The portion of walk that runs adjacent to the house is to be eliminated. The bituminous driveway (40' x 45') will be removed and replaced with loam and seed. The drive is entirely outside the buffer zone. �. :,'�k x � _ y!• f'f�:. 'a'.�' L Sys iaam`�' ).. }� ' � Ig �gyFwl_ 1 "AU 77 x Ar'_ � W t� � `2 ' F ,9+.1. ..ysw, �Yr�•� j�3`�� . {vfv�a � 1 (4 3•'� x ;- t yp ttTx • z - - ��/ \Elf- Concrete walk EXCAVATION BEHIND PRIMARY WALL TO EXTEND TO BOTTOM OF WALL EXCAVATION BEHIND SECOND WALL AT EACH BOLT LOCATION 1 1/4" HOLE DRILLED THROUGH BOTH WALLS. WALLS BOLTED WITH 1" DIAMETER BOLTS EXISTING GRADE 24" TO REMAIN 000 000 APPROXIMATE 12„ 000 o MHW 000 5.0' o0 FREE-DRAINING 000 GRAVEL NTH 000 BEACH FILTER FABRIC 000 O 7 SECOND WALL PRIMARY WALL NOTES: APPROXIMATELY 8 BOLTS TO BE INSTALLED ALL SOIL TO BE STOCKPILED ON UPLAND 8 HARBOR VIEW TERRACE SIDE OF WORK AREA AREA TO BE LOAMED AND SEEDED IMMEDIATELY SEA WALL REPAIR DETAIL FOLLOWING WORK APRIL 2, 2007 ALL WORK TO BE DONE AT LOW TIDE Massachusetts Department of Environmental Protection El Bureau of Resource Protection -Wetlands City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Altematives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project,other than a single family house or public project,where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved,definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional,industrial,or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S.Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence(e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpe(ortnl.dx Page 3&4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Citylrown WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans,documents,and supporting data are true and complete to the best of my knowledge. I further certify that the property owner,if different from the applicant,and the appropriate DEP Regional Office were sent a complete copy of this Request(including all appropriate documentation)simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner. NameQ� Maillr�g Address FYI /n� rL� Cityrrown State MA Zip Code Signatures: I also understand t t notifi tion of this Request will be placed in a local newspaper at my expense in accordance S Clio 10.05(3)(b)(1)of the Wetlands Protection Act regula ions. �17,2�0g Signature of Applicant Date Signature of Representative(if any) Data Pegs a d wpatom,t.dw