64-618 - 417 LAFAYETTE STREET - CONSERVATION COMMISSION GL
. .. .........
CITY OF SALEM
CONSERVATION COMMISSION
April 15, 2016
William J. Manuell
Wetlands& Land Management, Inc.
100 Conifer Hill Drive– Suite 516
Danvers, MA 01923
Re: Order of Conditions—DEP#64-618-417 Lafayette Street house addition and
deck
Dear Mr. Manuell:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the 10-business-day appeal period, this document and the attachment must be
recorded at the South 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:
1. this Order must be recorded,
2. a sign shall be displayed showing DEP File 464-618 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,
___(om Devin���
e
Conservation Agent
Enclosures
CC: DEP Northeast Regional Office
Michael J. and Andrea Cawlina
Massachusetts Department of Environmental Protection Provided by MassIDEP
Bureau of Resource Protection - Wetlands 64-618
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �DEP Transaction#
Salem
City/Town
A. General Information
Please note: Salem
this form has i. From:
been modified Conservation Commission
with added 2. This issuance is for
space to a. MOrder of Conditions b. Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To- Applicant:
Requirements
Andrea & Michael Cawlina
Important: a. First Name b. Last Name
When filling
out forms on c.Organization
the 417 Lafayette Street
computer,
use only the d.Mailing Address
tab key to Salem MA 01970
move your a.City/Town f. State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key,
a. First Name b. Last Name
c.Organization
MailingAddress
e. Cityrrown f.State g.Zip Code
5. Project Location:
417 LAfayette Street Salem
a. Street Address b.Cityrr—own
32 385
c.Assessors Map/Plat Number d. Parcel/Lot—Number
Latitude and Longitude, if known: d m S d m S
d. Latitude e Longitude
wpaform5doe- rev 6116M15 Page 1 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection - Wetlands 64-618
WPA Form 5 - Order of Conditions _MassDEP-File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 _ebEP-Transaction#
Salem
Cityrrown
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)
32737 542
c.Book d. Pag-e
7. Dates: 3/31/2016 4/14/2016 4/15/2016
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 a.Scale
f.Additional Plan or Document Title T-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. El Public Water Supply b. [9 Land Containing Shellfish c Z Prevention of
Pollution
d. 0 Private Water Supply a. Z Fisheries f. Z Protection of
Wildlife Habitat
g. 0 Groundwater Supply h. 0 Storm Damage Prevention i. Z Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to-
a. M 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- rev.6/16/2015 Page 2 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection - Wetlands 64-618
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
CityfFown
B. Findings (cont.)
Denied because:
b. El 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. El 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. El Buffer Zone Impacts: Shortest distance between limit of project
disturbance and the wetland resource area specified in 310 CMR 10.02(l)(a) a. linear feet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. F-1 Bank
-;. linear—feet linear feet linear feet d. linear feet
5. E] Bordering
Vegetated Wetland a.square feet b.square feet c.square feet J.square feet
6. Land Under
Waterbodies and a square—feet -6.square feet c-.square—feet square feet
Waterways e. y�dredged f.cly dredged
7. Bordering Land
Subject to Flooding a.square feet— -6.—square feet c-sq ua—refeet d.square feet
Cubic Feet Flood Storage cubic feet f.cubic—feet g. cubic—feet h.cubic feet
8. 0 Isolated Land
Subject to Flooding Tsquare feet b square feet
f.cubic feet
Cubic Feet Flood Storage c-.cubic—feet d.cubic—feet -e.cubic feet
9. El Riverfront Area
a.total sq.feet b.total sq.feet
Sq ft within 100 ft
c.square feet d.square feet a.square feet f.square feet
Sq ft between 100-
200 ft g.square feet h.square feet L square feet square feet
vtoaform5.doc- rev.611612015 Page 3 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection - Wetlands 64-618
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
CityfTown
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
lo. 0 Designated Port
Areas Indicate size under Land Under the Ocean, below
11. F-1 Land Under the -a-.-squarefeet b.square feet
Ocean
Tc/y dredged d.cly dredged
12. [1 Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
cu yd cu yd
13. El Coastal Beaches -a square feet b square feet c. nourishment d.nourishment
14. F1 Coastal Dunes cu yd cu yd
b square feet c. nourishment d. nourishment
a square feet
15. El Coastal Banks a.linear feet b. linear feet
16. F-1 Rocky Intertidal square-feet b.square feet
Shores
17. F-1 Salt Marshes -a.-square feet -E-square feet square-feet d.square feet
18. F� Land Under Salt
Ponds a.square feet b.square feet
cly dredged d.cly dredged
ig. Fj Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. El Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.dy dredged b.cly dredged
21. Z Land Subject to 25 25
Coastal Storm a.square feet b.square feet
Flowage
22. F 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 L square feet I.square feet
wpaform5,doc- rev,611612015 Page 4 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-618
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/Town
B. Findings (cont.)
#23.If the 23. El Restoration/Enhancement
project is for
the purpose of
restoring or
enhancing a a.square feet of BVVV b.square feet of salt marsh
wetland
resource area 24. El Stream Crossing(s):
in addition to
the square
footage that a. number of new stream crossings b. number of replacement stream crossi.ngs
has been C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(BVVV)or
B.1 Tc(Salt The following conditions are only applicable to Approved projects.
Marsh)above, 1. Failure 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,frorn 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.31 0
CMR 10.05(l 1)(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 4/15/2019 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.doc- rev,61160015 Page 5 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-618
WPA Form 5 - Order of Conditions MaSSDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 e-DEP-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 64-618
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.
wPaforrr6.doc- rev 6/1612015 Page 6 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection - Wetlands 64-618
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.)
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) F1 is subject to the Massachusetts Stormwater Standards
(2) Z 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;
iii. any illicit discharges to the stormwater management system have been removed, as per
the requirements of Stormwater Standard 10;
wpafcrrr5,doc- rev.6/16�015 Page 7 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-618
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -e-DEP-Transaction
Salem
Cityrrown
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 13MPs 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 Cerfificate 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 13MP. 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(f)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 13MP 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.
f) 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.
v,paform5,doc- rev,6/16/2016 Page 8 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-618
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP TransaGtion#
Salem
Cityrrown
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.
vqeeform5,doc- rev.611 M01 5 Page 9 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP
Bureau of Resource Protection - Wetlands 64-618
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/Town
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? E Yes El No
2. The Salem hereby finds (check one that applies):
Conservation Commission
a. EJ 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 -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. Z that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
Wetlands Protection & Conservation 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):
The attached conditions are issued under the Wetlands Protection Act and are sufficient
for compliance with the local ordinance
.rafor.5.doc- re� 6/16=15 Page 10 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands Q -(– G(�P
WPA Form 5 - Order of Conditions MassIDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP T nsaction#
K C-\
Cityfrown
E. Signatures
Important:When This Order is valid for three years, unless otherwise specified as a special
filling out forms condition pursuant to General Conditions#4,from the date of issuance. 1. D of I uance
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 filed electronically at the same time
w ith the appropriate MassDEP Regional Office.
Signa ures.,-
by hand delivery on by certified mail, return receipt
re ue�s ed on
& i e//(� —
Daty
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.
wpa5si9s.doc- rev.=512010 Page
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-618
WPA Form 5 - Order of Conditions MassDEP File#
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.
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 MassDER 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
wpaform5doc- rev.6/16/2015 Page 12 of 12
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee
Transmittal Form Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
1. Location of Project
a. Street Address b.Cityrrown,Zip
c. Check number d.Fee amount
Important:
When filling 2. Person or party making request(if appropriate, name the citizen group's representative):
out forms on
the computer, Name
use only the
tab key to Mailing Address
move your
cursor-do Cityf rown State Zip Code
not use the
return key. Phone Number Fax Number(if applicable)
3. Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation
(Form 413), Order of Conditions (Form 1', Restoration Order of Conditions (Form 5A), or Notice of
Non-Significance (Form 6)):
Name
Mailing Address
Cityrrown 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):
El Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other
projects)
El Superseding Determination of Applicability—Fee: $120
El Superseding Order of Resource Area Delineation— Fee: $120
wpaform5.doc- rev.412M015 Page 1 of 2
Mas achusetts; 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.
r
wpaform5.doc- rev.4/22/2015 Page 2 of 2
41 Z.' -618
Attachment to Order of Conditions # 64
Page 1 of 5
SALEM CONSERVATION COMMISSION
ATTACHMENT TO ORDER OF CONDITIONS
DEP FILE #64-618
417 Lafayette Street
City of Salem, Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (4/7/16, online) from Natural
Heritage & Endangered Species Program (NBESP) 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 construction of a house addition, new deck, and associated improvements per 3/31/2016
Notice of Intent,approved plans,and these conditions.
GENERAL CONDITIONS
I. 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 13 1, Section 40, Wetlands Regulations 3 10 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#64-618 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.
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 13 1,
Section 40,the Wetlands Regulations 3 10 CNIR 10.00,and shall have the right to require any data or
documentation that it deems necessary for that evaluation.
Attachment to Order of Conditions # 64-618
WO;
Page 2 of 5
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. 1
9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S. Army
Corps of Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority
of sec. 27(5) of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00.
(3) 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.
]I. 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 to accompany a NOTICE OF INTENT APPLICATION to the Salem
Conservation Commission for the construction of a new DECK &HOUSE ADDITION
(Title)
3/23/2016
(Dated)
Scott Ian Patrowicz
(Signed and Stamped hy)
City of Salem Conservation Commission
(on file with)
15. Any proposed changes in the approved plants) or any deviation in construction from the approved
plan(s)shall require the applicant to file a Notice of Pro'ect Change with the Commission. TheNotice
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.
Attachment to Order of Conditions # 64-618
Page 3 of 5
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 iequire additional measures.
23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland
resource areas to prevent sediment from entering wetland resource areas.
24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or
replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed.
25. The area of construction shall remain in a stable condition at the close of each construction day.
26. Any de-watering of trenches or other excavation required during construction shall be conducted so as
to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered
through 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.
Attachment to Order of Conditions # 64-618
Page 4 of 5
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, firmly
anchored,to prevent soils from being washed by rain or flooding.
DURING CONSTRUCTION
29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all
times when work is in progress.
30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
31. All waste products,grubbed stumps, slash;construction materials,etc. shall be deposited at least 100 feet
from wetland resource areas and 200 feet from river.
32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage
system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be
immediately removed.
33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil
prior to seeding and final stabilization.
34. Immediately following drainage structure installation all inlets shall be protected by silt fence, 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(COQ:
(1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if
required by the Conservation Commission at the time of request).
(2) A letter from a Registered Professional Engineer certif��g 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;
Attachment to Order of Conditions # 64-618
1A
Page 5 of 5
(b) Locatioris and elevations of all storinwater 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 he 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.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resouroe Protection -Wetlands 64-618
WPA Form 5 - Order of Conditions MassDEP 91-e—#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -ZEP Transaction#
Salem
CiWrom
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.
S M%.40.N"4%
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
.C-ommission---------------------------------------------------- --------------------------------------------
To:
.S
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
4 1 07 t..04:�Zj 46 T ra %),r (0 4 - (,0 18 —
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of. 000a
e 1:111,944IF % 341444 -f7age *b t4ft
County Book
0, r%c-. C.M%..a Ilia.,r'l
for: Property Omer
and has been noted in the chain of title of the affected property in:
040--vo : S?—Isl 6%+t�
Book Page
In accordance with the Order of Conditions issued on:
4 1 1-C I I to
Date I
If recorded land, the instrument number identifying this transaction is:
2-47110
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpaftx=5.doc- m.IVIEC2015 Page 12 d 12
CITY OF SALEM
rp ' CONSERVATION COMMISSION
SITE VISIT FORM
qz /4,z)c/
PROJECT LOCATION: ADATE OF SITE VISIT
PROJECT PROPONENT: DEP FILE NUMBER:—
PROPOSED WORK:
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14—N"Aff
Conum
Applicant/Property Owner/Representative: AQ� U�j
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0M#RM#O#;7-
El Photos El Site Map El Other:
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Mkek
topography; existing vegetation; possible alternative sites, signs of wildlife, possible vernal pools, rarespecies
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses.
Tt7'
gnumnom
Notice of Intent Application
Wetlands Protection Act and Salem Wetlands Ordinance
417 Lafayette Street
Salem, NIA
March 2016
Wetlands & Land Management, In'c.
1.00 Conifer Hill Drive-Suite 516
Danvers, MA 01923
Wetlands & Land Mannement, Inc. 100 Conifer Hill Drive-#516
Danvers,MA 01923
978-777-0004 Telephone
978-539-0005 FAX
March 22, 2016
Tom Devine
Salem Conservation Commission
120 Washington Street
Salem, MA 01970
RE: New Notice of Intent for Proposed house addition and deck
at 417 Lafayette Street
Dear Mr. Devine and Conservation Commission Members:
On behalf of the applicant, Wetlands & Land Management Inc. is submitting this new
Notice of Intent application to construct a house "in-fill" addition and add a grand new
deck on the water side of the home. The Commission will recall they recently approved a
revised pier and float proposal at this site last winter.
I would say this project will be less complicated than the previous submission primarily
because the existing house and the proposed addition and deck are well removed from the
resource areas associated with the adjacent harbor.
All of the work is limited to areas that have been previously used or developed on this
site. The work occurs in the buffer zone to a masonry coastal bank wall and the salt
marsh on the water side of the wall. Land subject to coastal storm flowage extends into
the maintained lawn. A small portion of the proposed deck and stair landing extend into
this zone.
Would you please schedule this matter for your April 14 meeting? I will attend to answer
any questions you may have.
Sincerely,
Wetlands & Land Management, Inc.
I
W 9
William J. Manuell
Welland Scientist
For the Applicant
Locus Map
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MAP REVISED
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This is an official copy of a portion of the above relicranced fie 0 d map, It
was,extracted using F-MIT On-Une. 71Tis map does net reflect changes
In or amendments winch may have been made sulosequent to the date on the
title clock. For the latest product information about National Flood Insurance
...... ..........
.d rl check the FEMA Flood Map St..at.m..,fierma.g.
Notice of Intent Application (WPA Form 3)
PFo�id—edbylVlassDEP:—
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
; . MassDEP File Number
WPA Form 3 - Notice of Intent I �
L Do�c
wmenl�Transacl:Lojl�urr�ber
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Salem Wetlands By-law Cityrrown
Important:
When filling out A. General Information
forms on the
computer, use I. Project Location (Note: electronic filers will click on button to locate project site):
only the tab key
to move your 417 Lafayette Street Salem 01970
cursor-do not
use the return a.Street Address b.Cityrrown c�Zip Code
key. Latitude and Longitude: 42.5007 -70.8882
00----h d.Latitude e.Longitude
32 385
1.Assessors MaplPlat Number g. Parcel/Lot Number
2. Applicant:
Andrea & Michael Cawlina
a.First Name b.Last Name
Note:
Before c.Organization
completing this 417 Lafayette Street
form consult
yourlocal d.Street Address
Conservation Salem MA 01970
Commission e.Cityrrown f.State g.Zip Code
regarding any
municipal bylaw 978-836-6400
or ordinance. h. Phone Number i. Fax Number j.Email Address
3. Property owner(required if different from applicant): El Check if more than one owner
SAME
a. First Name b. Last Name
c.Organization
d.Street Address
a.Cityrrown f.State g.Zip Code
h.Phone Number i. Fax Number j.Email address
4. Representative (if any):
William Manuell
a. First Name b. Last Name
Wetlands & Land Management, Inc.
c.Company
100 Conifer Hill Drive#516
d.Street Address
Danvers MA 01923
e.City/Town f.State g.Zip Code
978-777-0004 978-539-0005 bill@wetlandslm.com
h. Phone Number L Fax Number j.Email address
5. Total WPA Fee Paid (from N01 Wetland Fee Transmittal Form):
$220.00 $97.50 $122.50
a.Total Fee Paid b.State Fee Paid c.Cityrl-own Fee Paid
wpaform3.doc-rev.4122/2015 Page I of 9
Massachusetts Department of Environmental Protection Provided-by Ma-s'sDEP.—
Bureau of Resource Protection -Wetlands I
MassDEP File Number
WPA Form 3 - Notice of Intent I I
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 L-2HMV!ransaction Nu
iTlbej
Salem
Salem Wetlands By-law Cityrrown
A. General Information (continued)
6. General Project Description:
Construct a house addition and a new deck.
7a. Project Type Checklist: (Limited Project Types see Section A. 7b.)
1. Single Family Home 2. 0 Residential Subdivision
3. Commercial/industrial 4. El Dock/Pier
5. Utilities 6. 0 Coastal engineering Structure
7. El Agriculture (e.g.. cranberries, forestry) 8. El Transportation
9. F-1 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)?
If yes, describe which limited project applies to this project. (See 310 CMR
1. El Yes Z No 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 South
a.County b.Certificate#(if registered land)
32737 542
c. Book d.Page Number
B. Buffer Zone & Resource Area Impacts (temporary & permanent)
1. F 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. M 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.
wpaform3.doc-rev.4/22/2015 Page 2 of 9
Massachusetts Department of Environmental Protection POVidid b7y massbEP:
I
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
L -6-o–cur2ent—T�ansactiu,,jb�r�
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Salem Wetlands By-law Cityrrown
B. Buffer Zone & Resource Area Impacts (temporary& permanent)(cont'd)
Resource Area Size of Proposed Alteration Proposed Replacement(if any)
For all projects a. 0 Bank 1. linear feet 2. linear feet
affecting other b. E1 Bordering Vegetated
Resource Areas, Wetland 1.square feet 2.square feet
please attach a
narrative c. F1 Land Under
explaining how Waterbodies and 1.square feet 2.square feet
the resource
area was Waterways 3.cubic yards dredged
delineated.
Resource Area Size of Proposed Alteration Proposed Replacement(if any)
d. F1 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
f. E] Riverfront Area 1. Name of Waterway(if available) specify coastal or inland
2. Width of Riverfront Area (check one):
E] 25 ft. - Designated Densely Developed Areas only
E] 100 ft. - New agricultural projects only
El 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 feet within 100 ft. c.square feet between 100 ft.and 200 ft.
5. Has an alternatives analysis been done and is it attached to this NOI? El Yes El No
6.Was the lot where the activity is proposed created prior to August 1, 1996? El Yes El No
3. Coastal Resource Areas: (See 310 CMR 10.25-10.35)
Note: for coastal riverfront areas, please complete Section 13.21 above.
wpaform3.doc-rev.412212015 Page 3 of 9
Massachusetts Department of Environmental Protection Orcivided bi 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 L Document Transaction Number
S Tier;
Salem Wetlands By-law cityrrown
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 a. E] Designated Port Areas Indicate size under Land Under the Ocean, below
number
(provided on your
receipt page) b. E] Land Under the Ocean 1.square feet
with all
supplementary
information you 2.cubic yards dredged
submit to the
Department. c. F-1 Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below
d. M Coastal Beaches 1.square feet 2.cubic yards beach nourishment
e. F1 Coastal Dunes 1.square feet 2.cubic yards dune nourishment
Size of Proposed Alteration Proposed Replacement(if any)
f. F1 Coastal Banks 1. linear feet I
g. El Rocky Intertidal
Shores 1.square feet
h.F1 Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation
i. F] Land Under Salt
Ponds -1 square feet
2.cubic yards dredged
i. EI Land Containing
Shellfish 1.square feet
k. F] 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. 0 Land Subject to 2
Coastal Storm Flowage 1.square feet
4. F� 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 BVVV b.square feet of Saft Marsh
5. El Project Involves Stream Crossings
a.number of new stream crossings b.number of replacement stream crossings
wpaforrn1doc-rev.4/2212015 Page 4 of 9
PFOVIcIfid Cy-Mi's—SIDEP7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
M'assDEP File Number
WPA Form 3 - Notice of intent Document T I ransaction Number
Massachusetts Wetlands Protection Act M.G.L. cl 131 §40
Salem
Salem Wetlands By-law CityTFown
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 (3101 CMR
10.11).
Streamlined Massachusetts Endangered Species ActfWetlands 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 t.,.tt-
Natural Heritage and Endangered Species Program (NHESP)? z;z�:
Massachusetts Natural Heritage Atlas or go to
http://maps.massqis.state.ma.us/PRI EST HAB/viewer.htm.
a. C Yes ED No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
2016 on-line viewer 11 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, M ESANVetlands Protection Act review, please
complete Section CA.c, and include requested materials with this Notice of Intent(NOI), OR
�-ction CAJ, if applicable. If MESA supplemental information is not included with the NOI,
_T::4,;_-n 1 of this form, the NHESP will require a separate MESA filing which may take
up to 90 days to revlew(unless noted exceptions in Section 2 apply, see below).
c. Submit Supplemental Information for Endangered Species Review
1. 0 Percentage/acreage of property to be altered:
(a)within wetland Resource Area percentage/acreage
(b)outside Resource Area percentage/acreage
2. 0 Assessor's Map or right-of-way plan of site
2. El 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)D Project description (including description of impacts outside of wetland resource area&
bufferzone)
(b) E] Photographs representative of the site
Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see
hftp://wvvw.mass.govieea/anencies/dtq/dfw/natural-heritage/regulatory-review . 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.
wpaform3.doc-rev.4/22/2015 Page 5 of 9
Massachusetts Department of Environmental Protection Provided 6y MissmP.'
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent IL
__R2S��t Tranjaqi�o e
2Numb r
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Salem Wetlands By-law Cityrrown
C. Other Applicable Standards and Requirements (cont'd)
(c)[I MESA filing fee(fee information available at
http://www.mass.gov/dfwele/dfw/nhesp/regulatorV 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
(a)D Project plans showing Priority & Estimated Habitat boundaries
(fl OR Check One of the Following
1. E:1 Project is exempt from MESA review.
Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14,
hftp://www.mass.gov/dfwele/dfw/nhesp/regulatory 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 Tracking# b. Date submitted to NHESP
3. 0 Separate MESA review completed. I
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. E] Not applicable—project is in inland resource area only b.El Yes M No
I
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-South(a)state.ma.us Email: DMF.EnvReview-North(a)state.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.
wpaform3.doc-rev.412212015 Page 6 of 9
Massachusetts Department of Environmental Protection Provided by MassbEP.
Bureau of Resource Protection -Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent Documen I I Transaction Number I
Massachusetts Wetlands Protection Act M.G.L. Salem
Salem Wetlands By-law CityfTown
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. [-] Yes Z 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
number b.ACEC
(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 4.00'7
with all
supplementary a� L1 Yes [I 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. E1 Yes M No
7. Is this project subject to provisions of the MassDEP Stormwater Management Standards?
a. E] 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.C] 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.E1 Proprietary BMPs are included in the Stormwater Management System.
b. No. Check why the project is exempt: Project is a pier—no stormwater discharge
1.ED Single-family house
2.0 Emergency road repair
3. F-1 Small Residential Subdivision (less than or equal to 4 single-family houses or less than
or equal to 4 units in multi-family housing project) with no discharge to Critical Areas.
D. Additional Information
E] 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.
I. LISGS or other map of the area (along with a narrative description, if necessary) containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
2. Plans identifying the location of proposed activities (including activities proposed to serve as
a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative
to the boundaries of each affected resource area.
wpaform3.doc-rev.4/22/2015 Page 7 of 9
Massachusetts Department of Environmental Protection I Provided b�y MassDIEP.—
I
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 - Notice of intent Docu ent Transaction Number
ILI] Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Salem Wetlands By-law 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 Deck and House Additions—417 Lafayette Street
a. Plan Title
Patrowitz Land Development Engineering Scott Patrowicz, PE
b. Prepared By c.Signed and Stamped by
3-23-16 10
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
5. F-1 If there is more than one property owner, please attach a list of these property owners not
listed on this form.
6. El Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. F1 Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8. Attach NOI Wetland Fee Transmittal Form
9. El Attach Stormwater Report, if needed.
E. Fees
1. 0 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:
7119 3-24-16
2.Municipal Check Number 3.Check date
7118 3-24-16
4.State Check Number 5.Check date
Andrea Cawlina
6.Payor name on check First Name 7.Payor name on check: Last Name
wpaformIdoc-rev.4/22/2015 Page 8 of 9
Massachusetts Department of Environmental Protection PovidedbyMassDEP:
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 Salem
Salem Wetlands By-law CityrFown
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 in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CIVIR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this appli�ation, 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 proje cation.
1 3'
Je
1.Signa�of Ap licant 2.Date
4.Date
3. Sigheture of Property Owner(if different)
—C'�
5.L4 pe—of R-epresentative(if any) 6.Date
For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents,
two copies of the NOI Weiland Fee Transmittal Form, and the city/town fee payment, to the
Conservation Commission by certified mail or hand delivery.
For MassIDEP:
One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one
copy of the NOI Weiland 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.4/22/2015 Page 9 of 9
Notice of Intent Fee Transmittal Form
(WPA Appendix B)
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
N01 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, I. Location of Project:
use only the tab
key to move your 417 Lafayette Street Salem
cursor-do not a. Street Address b.City/Town
use the return
key. 7119 $122.50
00-1) c.Check number d.Fee amount
2. Applicant Mailing Address:
Michael &Andrea Cawlina
a.First Name b.Last Name
c.Organization
417 Lafayette Street
d.Mailing Address
Salem MA 01970
e.City/Town f.State g.Zip Code
978-836-6400
h.Phone Number i.Fax Number j.Email Address
3. Property Owner(if different):
SAME
a. First Name b. Last Name
c.Organization
d.Mailing Address
e.Cityrrown f.State g.Zip Code
h. Phone Number i. Fax Number j.Email Address
To calculate
filing fees, refer B. Fees
to the category
fee list and Fee should be calculated using the following process &worksheet. Please see Instructions before
examples in the rilling out worksheet
instructions for
filling out WPA Step 11Type 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/individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions.
Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category
(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in
addition to another Resource Area or the Buffer Zone,the fee per activity should be multiplied by 1.5 and then
added to the subtotal amount.
Step 51'rotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
Step S/Fee Payments:To calculate the state share of the fee,divide the total fee in half and subtract$12.50.To
calculate the cilyttown share of the fee,divide the total fee in half and add$12.50.
Weeffdoe-Wetiand FmTransraiftal Fom-rev.10/11 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
N01 Wetiand 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
House addition One $110.00 $110.00
New Deck One $110.00 $110.00
Step 511rotal Project Fee:
Step Wee Payments:
$220.00
Total Project Fee: a.Total Fee from Step 5
$97.50
State share of filing Fee: b. 112 Total Fee less$12.50
$122.50
Cityrrown share of filling Fee: c. 1/2 Total Fee plus$12-—50—
C. Submittal Requirements
a.) Complete pages I and 2 and send with a check or money order for the state share of the fee, payable to
the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent. a copy of
this form,and the city/town fee payment.
To MassDEP Regional Office(see Instructions):Send a copy of the Notice of Intent or Abbreviated Notice of
Intent; a copy of this form;and a copy of the state fee payment. (E-filers of Notices of Intent may submit these
electronically.)
noifeeff.doc-Wetland FeeTransmiftal F.-re�,10111 Page 2 of 2
MICHAEL J CAWLINA
'ANDREA M CAWLINAL 7119 ,
417 LAFAYETFE ST, 11-35/1210 CA
82643
,,SALEM MA 01970-53d7
I Date
,�,:,Pa�To The
order Of s
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Bank
Weal.th 10167naent Banking
ACHRJ1210�
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1: 12 100,0 3rS,&§:�,_000 It 3 3 ? 10 700'11$ ? I I q
MICHAELJ CAWL
INA
ANDREA m.cAwLlINA
417LAFAYE`rrEST� 1 1-3511210 CA
82643
SALEM MA 01970-5337.
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Abutter Information
CITY OF SALEM CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
NOTIFICATION TO ABUTTERS
Under the Massachusetts Wetlands Protection Act
&the City of Salem Wetlands Protection Ordinance
A Public Hearing will be held at the City Hall Annex 120 Washington Street, Salem, MA 01970
at:
6:30 prn on April 14,2016
To consider a Notice of Intent application for a house addition and a new deck
Of Andrea and Michael Cawlina
For the property located at 417 Lafayette Street—Map 32,Lot 385
This application is to construct a kitchen addition and new deck on the rear of the home.
This is a joint hearing under the requirements of G.L. Ch 131 Section 40, as amended, and the
Salem Wetlands Protection Ordinance and Regulations. Plans are available at the Department of
Planning and Community Development at the City Hall Annex 120 Washington Street Salem,
MA from 8 am- 4 pm Monday — Wednesday, 8 am -7 pro on Thursday, and 8 am- 12 pro on
Friday. For information call the Conservation Agent at 978-619-5685.
Note: Notice of the public hearing, including its date, time and place, will be published at least a
week prior to the meeting date in The Salem News.
Note: Notice of the public hearing, including its date, time, place, will be posted on the Public
Meetings Bulletin Board in Salem City Hall not less than 48-hours in advance.
Note: You also may contact the Salem Conservation Commission or the nearest Department of
Environmental Protection Regional Office for more information about this application or
the Wetlands Protection Act.
To contact DEP call:
Central Region: (508) 792-7650 Northeast Region: (978)694-3200
Southeast Region: (508)946-2714 Western Region: (413) 784-1100
CITY OF SALEM
ASSESSOR'S CERTIFICATION OF ABUTTERS AND
PROPERTY OWNERS
BOARD/COMMISSION: Conservation Commission
PROJECT SITE: 417 Lafayette Street 132-0385-01
DATE: 3/15/2016
DESCRIPTION OF REQUIREMENT: 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
rSalem, the names and addresses of those listed on the attached sheets are"abutters and
property owners" (as defined by Wetlands Protection Act 3 10 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
CC)LL
-.IEVV-'(E"RAC:LE
H WB'-
14
I�dR�
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rn
co - 0
A'4ENUE 114
A p
C39
ft N�..ONI�016 WMA5AM
Parcel ID:32-0385-0 Parcel ID:32-0166-0 Parcel ID:32-0167-0
CAWLINA FAMILY LIVING LEBLANC KEMITH K PICCIOTTO JUDITH S
CAWLINA MICHAELJIANDREA 420 LAFAYETTE STREET 418 LAFAYETTE STREET
417 LAFAYETTE STREET SALEM, MA 01970 SALEM,MA 01970
SALEM,MA 01970
Parcel ID:32-0382-0 Parcel ID:32-0384-0 Parcel ID: 32-0386-0
411 LAFAYETTE REALTY MORAN PHILIP D BRENNAN JOHN W
CONRAD LEWIS/CONRAD CAROLEA BRENNAN GARCIA A
411 LAFAYETTE ST 415 LAFAYETTE ST 419 LAFAYETTE ST
SALEM,MA 01970 SALEM, MA 01970 SALEM,MA 01970
Parcel ID:32-0387-0 Parcel ID:32-0422-0 Parcel ID:32-0169-0
BRENNAN FAMILY JOHNSON LOUIS M KEANE MATTHEW
BRENNAN JOHN W MITCHELL DENISE T 414 LAFAYETTE STREET
419 LAFAYETTE ST 435 LAFAYETTE STREET SALEM,MA 01970
SALEM, MA 01970 SALEM, MA 01970
Parcel ID:32-0168-0 Parcel ID:32-0383-0 Parcel ID:32-0388-0
BARDINI FABIO MERRY PETER R BARDINI FABIO
416 LAFAYETTE STREET MERRY M.ELIZABETH 416 LAFAYETTE STREET
SALEM,MA 01970 413 LAFAYETTE ST SALEM, MA 01970
SALEM,MA 01970
Attachment A — Project Description
Project Description — New Addition and D......
at 417 Lafayette Street
Introduction
The subject property is located at 417 Lafayette Street in Salem, Massachusetts. The site
is developed with a residential dwelling, utilities, driveways, lawn and landscaping. The
entire area around the property is developed with other residential properties. The pryojcct
site is bounded by Lafayette Street and houses across the road to the west, residential
homes to the north and south and Salem Harbor to the east. A masonry wall separates the
developed portion of the property from the adjacent coastal resource areas.
I n T I
Inc. has previously visited the site and performed an
evaluation of the coastal wetland resource areas at the site. The limits of these resource
areas have been previously determined through the issuance of an order of conditions for
DEP file numbers 64-577 and 64-606. Both of these orders of conditions are still open
and valid. Below is a description of coastal resource areas on or adjacent to the site.
Coastal Wetland Resource Areas
Coastal wetland resource areas on the property consist of coastal bank, coastal.beach,
salt marsh and land subject to coastal storm flowage. A 100-foot buffer zone extends
horizontally from the coastal beach, salt marsh and bank although the site plan depicts
only the most landward extent of buffer zone from the coastal bank.
Other coastal wetland areas occur off shore but these are well removed from the project
area.
Coastal Bank
The project site contains a masonry wall, which serves the function of a coastal bank.
The wall is approximately two feet high, extends the entire width the property, and
continues northerly and southerly beyond the project site. The wall was recently
repointed and repaired under an order of conditions for DEP# 64-577.
In this location, the masonry wall is obviously functioning as a vertical barrier to storm
damage, and is not providing sediment to down drift beaches. As such, the appropriate
performance standards for work on or near a coastal bank specify the work shall not have
an adverse effect on the stability of the coastal bank, nor shall the work have an impact
on any habitat sites of any rare vertebrate or invertebrate species.
Coastal Beach
The property contains coastal beach and/or mud flat resource. Beaches are areas of
unconsolidated sediment subject to wave or tidal action. The site has two beach areas.
One area is a small sandy area directly adjacent to the existing masonry wall. The
second, more expansive beach/mud flat area extends from mean low water to the
seaward face of salt marsh at the site.
Salt Marsh
---- ------ associated adjacent to the Harbor in this location is easily
definable. The landward limit coincides with the base of the masonry wall or the edge of
the beach area adjacent to the wall. The seaward limit is sharply defined by an earthen
escarpment that separates the adjacent mud flats from the higher salt marsh.
Land Subject to Coastal Storm Flowage
Land subject to coastal storm flowage is defined as land subject to inundation caused by
coastal storms up to the I 00-year storm surge or storm of record.
The attached FEMA Flood Insurance Rate Map for this area indicates the limit of the
land subject to coastal storm flowage.
Rare Species
According to the 2016 Oliver on-line data viewer, no estimated habitat of rare wetlands
wildlife or certified vernal pools are shown to exist on or near the subject parcel.
Discussion of Proposed Work
The proposed project involves the construction of a new kitchen addition and adding a
new deck on the rear of the home at 417 Lafayette Street. The work will occur in the
buffer zones to coastal bank and coastal beach. A small area of deck and the deck stairs
extend into the mapped area of land subject to coastal storm flowage.
The overall project includes an interior kitchen renovation that also includes the exterior
addition plus the new deck. Various appendages of the house will be removed including
the spiral stair at the rear and the side stoop entrance on the driveway side of the home.
The rear of the home will be opened up to allow for framing of new doorways. It is
likely that the rear of the home and possibly the left side will be re-shingled as well. The
roof of the new addition will be built as a deck and the existing second floor deck will be
connected to this new "roof deck." The exterior wall of the second floor bedroom will be
opened up to allow exit onto the new roof deck.
The initial phase of the project will be to install erosion controls as shown on the project
plans. The potential for erosion at the project site is minimal as the project work area is
2
minimal and the slope of the land surface is more or less flat. The erosion controls will
function more as a limit of work than an erosion control barrier.
The addition and deck will be supported on several concrete frost walls. A mini-
excavator is used for excavation of the footings and foundation walls. Soil excavated to
pour footings and foundations is dug and side cast adjacent to the trench. Forms are set
up and the footings and walls are poured with concrete. After a short period to allow the
concrete to cure, the forms are stripped off and the walls are backfilled.
z:3;=ruction is delivered and dropped in the rear yard of the lot
within maintained lawn area. The lumber is generally carried around the site by
construction personnel to where needed. A dumpster will be on site for rubbish control
during construction. Once the addition is complete, the deck is constructed and final site
landscaping will have completed. Disturbed aicas -wi*." L�, '�,�—z�'.
landscaped. There is no change or only minor grade adjustments to the existing
landscape. The existing driveway will be repaired as needed at the conclusion of the
project.
A discussion of each of the resource areas, potential impacts and mitigation follows.
Coastal Bank
The coastal bank is a masonry structure that serves as a vertical barrier to storm waves.
The performance standards at 3 10 CMR 10.3 0 provide that when a coastal bank serves as
a vertical barrier to storm waves, a project shall not have an adverse impact to the
stability of the bank; the project shall not have an adverse impact on rare species; and the
project shall not armor an eroding or sediment contributing coastal bank.
The kitchen addition is just barely in the buffer zone. The nearest part of the kitchen
addition is roughly 98 feet from the seawall coastal bank. The deck is approximately 80
feet landward of the coastal bank seawall. The deck stair landing is as close as 72 feet to
the nearest point along the seawall. The intrusive work of the project is very limited and
this physical separation is adequate to isolate the work on site from the adjacent wall and
thus maintain the stability of the masonry wall.
The erosion control barrier serves as a visual reminder of the work area limits to ensure
there is no physical damage to the seawall coastal bank.
Coastal Beach
Coastal beaches are significant to storm damage control and flood prevention and the
protection of wildlife habitat. In general, the Wetlands Protection Act establishes that the
volume and form of the beach, and the ability to respond to wave action are critical.
Also, distribution of grain size, water quality and water circulation, as well as relief and
elevation are important in maintaining wildlife habitat and marine fisheries.
3
The proposed construction project will not occur on the beach area, thus the beach sand
volume, form and ability to respond to wave action will not be affected by any site
activities. Again, because the project is not on a beach resource area, there will be no
effect on the distribution of grain size, water circulation or relief and elevation to the
beach.
The project does not propose any point source discharge of storm water. Roof runoff will
infiltrate into the flat lawn area in the rear yard. Appropriate erosion control is shown on
the site plans. These mitigating measures are proposed to ensure the project does not
cause any impacts to the adjacent beach.
Land Subject to Coastal Storm Flowage
The FEMA Flood Insurance Rate Maps indicate a zone of coastal flooding. The limit of
flooding is mapped on the project plans. A portion of the deck and a portion of the stair
landing encroach into this zone.
The Wetlands Protection Act and Regulations define this resource area, but do not
establish performance standards for work in land subject to coastal storm flowage. In
general, when work occurs in a coastal flood area, we are concerned that the work does
not deflect wave energy to abutting properties. At this site, the wave energy is absorbed
by the coastal seawall extending not only in front of this structure,but also along the
entire coastline in this area. The area behind the seawall will be subject to over wash and
potential temporary inundation but not the destructive wave energy.
Given the work is proposed at the very outer edge of mapped coastal flood area, it is
unlikely that the proposed work will have any negative effect on neighboring properties.
Buffer Zone
The proposed deck construction is with buffer zone to the coastal bank and the coastal
beach. As the project site is already developed with a residential home and landscaping,
there will be no new alterations of undeveloped buffer zone.
Erosion controls are proposed around the perimeter of the work. The potential for
erosion at this site is minimal. Critical ldctors for determining erosion potential are how
much area is exposed to potential erosion, how much runoff is available to carry soil off
the site and what is the slope of the exposed surface. The slope of the land relates to the
velocity of the storm water as it travels over the site, and in turn, how much energy is
available to pick up and carry sediment load.
The potential area to be exposed to erosion at any time is less than 700 square feet and
the landscape is developed and virtually flat, which does not contribute to potentially
erosive velocity of storm water at the site. Work in the buffer zone to coastal bank and
coastal beach will not have an impact on the adjacent coastal resource areas.
4
Summary
The proposed work at 417 Lafayette Street is in buffer zone to coastal bank and coastal
beach. The setback from the adjacent resource areas prevents any direct alteration to
those areas. Excavation work for the proposed footings and foundation walls is over 80
feet from the coastal bank wall and should have no destabilizing effect on the seawall.
The onshore work is isolated from the adjacent beach by the seawall and the proposed
erosion controls. There will be no direct alteration of this resource area.
While the project does occupy a small area of land subject to coastal storm flowage, the
effect of lateral deflection of wave energy is expected to be negligible. All project
activities in the buffer zone should have no adverse impacts to the coastal resource areas
at this site.
5
minimal and the slope of the land surface is more or less flat. The erosion controls will
function more as a limit of work than an erosion control barTier.
The addition and deck will be supported on several concrete frost walls. A mini-
excavator is used for excavation of the footings and foundation walls. Soil excavated to
pour footings and foundations is dug and side cast adjacent to the trench. Forms are set
up and the footings and walls are poured with concrete. After a short period to allow the
concrete to cure, the forms are stripped off and the walls are backfilled.
T
zzi-.�;truction is delivered and dropped in the rear yard of the lot
within maintained lawn area. The lumber is generally carried around the site by
construction personnel to where needed. A dumpster will be on site for rubbish control
during construction. Once the addition is complete, the deck is constructed and final site
landscaping will have completed. Disturbed arcas
landscaped. There is no change or only minor grade adjustments to the existing
landscape. The existing driveway will be repaired as needed at the conclusion of the
project.
A discussion of each of the resource areas, potential impacts and mitigation follows.
Coastal Bank
The coastal bank is a masonry structure that serves as a vertical barrier to storm waves.
The performance standards at 3 10 CMR 10.30 provide that when a coastal bank serves as
a vertical barrier to storm waves, a project shall not have an adverse impact to the
stability of the bank; the project shall not have an adverse impact on rare species; and the
project shall not armor an eroding or sediment contributing coastal bank.
The kitchen addition is just barely in the buffer zone. The nearest part of the kitchen
addition is roughly 98 feet from the seawall coastal bank. The deck is approximately 80
feet landward of the coastal bank seawall. The deck stair landing is as close as 72 feet to
the nearest point along the seawall. The intrusive work of the project is very limited and
this physical separation is adequate to isolate the work on site from the adjacent wall and
thus maintain the stability of the masonry wall.
The erosion control barrier serves as a visual reminder of the work area limits to ensure
there is no physical damage to the seawall coastal bank.
Coastal Beach
Coastal beaches are significant to storm damage control and flood prevention and the
protection of wildlife habitat. In general, the Wetlands Protection Act establishes that the
volume and form of the beach, and the ability to respond to wave action are critical.
Also, distribution of grain size, water quality and water circulation, as well as relief and
elevation are important in maintaining wildlife habitat and marine fisheries.
3
The proposed construction project will not occur on the beach area, thus the beach sand
volume, form and ability to respond to wave action will not be affected by any site
activities. Again, because the project is not on a beach resource area, there will be no
effect on the distribution of grain size, water circulation or relief and elevation to the
beach.
The project does not propose any point source discharge of storm water. Roof runoff will
infiltrate into the flat lawn area in the rear yard. Appropriate erosion control is shown on
the site plans. These mitigating measures are proposed to ensure the project does not
cause any impacts to the adjacent beach.
Land Subject to Coastal Storm Flowage
The FEMA Flood Insurance Rate Maps indicate a zone of coastal flooding. The limit of
flooding is mapped on the project plans. A portion of the deck and a portion of the stair
landing encroach into this zone.
The Wetlands Protection Act and Regulations define this resource area, but do not
establish performance standards for work in land subject to coastal storm flowage. In
general, when work occurs in a coastal flood area, we are concerned that the work does
not deflect wave energy to abutting properties. At this site, the wave energy is absorbed
by the coastal seawall extending not only in front of this structure, but a]so along the
entire coastline in this area. The area behind the seawall will be subject to over wash and
potential temporary inundation but not the destructive wave energy.
Given the work is proposed at the very outer edge of mapped coastal flood area, it is
unlikely that the proposed work will have any negative effect on neighboring properties.
Buffer Zone
The proposed deck construction is with buffer zone to the coastal bank and the coastal
beach. As the project site is already developed with a residential home and landscaping,
there will be no new alterations of undeveloped buffer zone.
Erosion controls are proposed around the perimeter of the work. The potential for
erosion at this site is minimal. Critical factors for determining erosion potential are how
much area is exposed to potential erosion, how much runoff is available to carry soil off
the site and what is the slope of the exposed surface. The slope of the land relates to the
velocity of the storm water as it travels over the site, and in turn, how much energy is
available to pick up and carry sediment load.
The potential area to be exposed to erosion at any time is less than 700 square feet and
the landscape is developed and virtually flat, which does not contribute to potentially
erosive velocity of storm water at the site. Work in the buffer zone to coastal bank and
coastal beach will not have an impact on the adjacent coastal resource areas.
4
NOI Status Sheet
Address: 4-( (:r4- DEP #: (�'q 4er
Application Type: Date Submitted:
Contact Name: /2' Phone:
Proposed activity: X.
Application Complete
"e'orrect Fee Received
Abutters List Requested _Rbeeived
,Legal Ad Sent <Legal Ad Confirmed 4__Wline
-Added to Agenda Agenda to Applicant
--Agent Comments to Commission
---DEP Comments
Hearing Opened: Continued: Site Visit:
,A-6'utters Notice Confirmed
�Permit Sent to Applicant and DEP
-Confirmation of Delivery
—Expiration 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:
H CON COMWAdministrativ6project status sheet\NOI status sheet 2012-12-27.doc
CITY OF SALEM
CONSERVATION COMMISSION
Salem Conservation Commission
978-619-5685
Will hold a public hearing for a Notice of Intent for Andrea&Michael Cawlina, 417 Lafayette St
Salem MA. Purpose of hearing is to discuss proposed house addition and deck at 417 Lafayette
St within an area subject to protection under the Wetlands Protection Act MGL c.131§40 and
Salem Wetlands Protection & Conservation Ordinance. Hearing will be held 4/14/16 at 6:30pra
in the City Hall Annex, 3 Id floor conference room, 120 Washington St.
Please print legal ad on:
April 7, 2016
CITY OF SALEM
ASSESSOR'S CERTIFICATION OF ABUTTERS AND
PROPERTY OWNERS
BOARD/COMMISSION: Conservation Commission
PROJECT SITE: 417 Lafayette Street 132-0385-01
DATE: 3/15/2016
DESCRIPTION OF REQUIREMENT: 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 3 10 CMR 10.05(4)(a))to the
parcel(s) of land listed above as the project site.
Assessor's Signature: Date:2
Number of initialed pages attached:
Once Certified, Return to:
Tom Devine, Department of Planning and Community Development
Parcel ID: 32-0385-0 Parcel ID:32-0166-0 Parcel ID: 32-0167-0
CAWLINA FAMILY LIVING LEBLANC KEMITH K PICCIOTTO JUDITH S
CAWLINA MICHAELJ/ANDREA 420 LAFAYETTE STREET 418 LAFAYETTE STREET
417 LAFAYETTE STREET SALEM, MA 01970 SALEM, MA 01970
SALEM, MA 01970
Parcel ID: 32-0382-0 Parcel ID:32-0384-0 Parcel ID:32-0386-0
411 LAFAYETTE REALTY MORAN PHILIP D BRENNAN JOHN W
CONRAD LEWIS/CONRAD CAROLE A BRENNAN GARCIA A
411 LAFAYETTE ST 415 LAFAYETTE ST 419 LAFAYETTE ST
SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970
Parcel ID:32-0387-0 Parcel ID: 32-0422-0 Parcel ID:32-0169-0
BRENNAN FAMILY JOHNSON LOUIS M KEANE MATTHEW
BRENNAN JOHN W MITCHELL DENISE T 414 LAFAYETTE STREET
419 LAFAYETTE ST 435 LAFAYETTE STREET SALEM, MA 01970
SALEM, MA 01970 SALEM, MA 01970
Parcel ID:32-0168-0 Parcel ID:32-0383-0 Parcel ID:32-0388-0
BARDINI FABIO MERRY PETER R BARDINI FABIO
416 LAFAYETTE STREET MERRY M. ELIZABETH 416 LAFAYETTE STREET
SALEM, MA 01970 413 LAFAYETTE ST SALEM, MA 01970
SALEM, MA 01970
cz� Del
ER-RA(ZE
H B VIEW"I
9M
AVENUE 14
2W 4M �on�1�016 atW,45AM
Commonwealth of Massachusetts
Executive Office of Energy &Environmental Affairs
LOL Depa I rtment of Environmenta I Protect I i.on .
One Winter Street Boston, MA 02 108 617-.29;��5500
HECEIVED
Charles D.Baker Matthew A.Beaton
Governor Secretary
Ka I r.yn E.Polito APR 20 2017 Martin Suuberg
Lieutenant Governor DEPT, OF PLANNING & Commissioner
COMMUNITY DEVELOPMENT
!App' 2017
Andrea and Michael Cawlina
c/o Wetlands& Land Management, Inc.
100 Conifer Hill Drive# 516
Danvers, MA 01923
Attn: William J. Manuell
Re: Draft Waterways License Waterways License Application No. W15-4353
Construction and Maintenance of a Non-Commercial Dock
417 Lafayette Street, Flowed Tidelands of Salem Harbor, Salem, tssex County
Dear Mr. Manuell:
The Department of Environmental Protection has tentatively approved the above-referenced
referenced License Application. Pursuant to 3 10 CNM 9.14�2)(b), a Draft Waterways License is
enclosed.
Final Mylar Project Site Plans will be required upon notice from the Department and prior to
issuance of the Chapter 91 License.
A valid Waterways License shall be issued twenty-one (2 1) days from the date of the issuance of
this Draft License if the Department has not received a written request, by certified mail, for an
adjudicatory hearing pursuant to section 9.17(2).
NOTICE OF APPEAL RIGHTS
Who has the right to appeal?
The following persons shall have the right to an adjudicatory hearing concerning this decision by the
Department to grant or deny a license or permit, in accordance with 310 CMR 9.17(l): (a) an
Applicant who has demonstrated property rights in the lands in question, or which is a public agency;
(b) any person aggrieved by the decision of the Department to grant a license or permit who has
submitted written comments within the public comment period; (c) ten (10) residents of the
Commonwealth who, pursuant to M.G.L. Chapter 30A, § 10A, have submitted comments within the
This Information Is available In alternate format.Contact Michelle Waters-Ekanem,Director of Diversity/Civil Rights at 617-292-6761.
TTY#MassRelay service 1-800-439-2370
MawDEP Website:�mass.govldep
Printed on Recycled Paper
public comment period with at least 5 of the 10 residents residing in the municipality(s) in which the
license or permitted activity is located. The appeal shall clearly and specifically state the facts and .
grounds for the appeal and the relief sought, and each appealing resident shall file an affidavit stating
the intent to be part of the group and to be represented by its authorized representative; (d) the
municipal official in the affected municipality who has submitted written comments within the public
comment period;, and (e) CZM, for any project identified in 3.10 CMR 9.13(2) (a) for CZM
participation or, in an Ocean Sanctuary, if it has filed a notice of participation within the public
comment period.
How can I request an adjudicatory,hearing?
A person requesting an adjudicatory hearing must submit a 'Notice of Claim" to the Department,
with a copy of theMassDEP Adjudicatory Hearing Fee Transmittal Form and include the details
specified below, within twenty-one (21) days of the date of issuance of this decision. The MassDEP
Adjudicatory - Hearing Fee Transmittal Form is available at the following website:
http://www.mass.gov/eea/docs/de�/service/adr/adiherfm.doc The Notice of Claim must.be made in.
writing and sent by certified mail or hand delivery to:
MassDEP
Case Administrator
One Winter Street, 2nd Floor
Boston, MA 02108
A copy of the complete Notice of Claim must be sent at the same time by certified mail or hand
delivery to: (1) the Applicant, (2) the municipal official of the city or town where the project is
located,and(3)the issuing office of the MassDEP,which in this case is located at.:
MassDEP
Waterways Regulation Program
One Winter Street, 5th Floor
Boston, MA 02108
The MassDEP Adjudicatory Hearing Fee Transmittal Form and a valid check payable to "The
Commonwealth of Massachusetts" in the amount of one hundred dollars ($100)must be mailed to:
MassDEP
Commonwealth Master Lockbox
P.O. Box 4062
Boston, MA 02211
What information must be included in the hearing request?
Pursuant to 3 10 CMR 9.17(3), any Notice of Claim requesting an adjudicatory hearing must include
the following information:
(a) the MasslJEP Waterways Application File Number;
(b) the complete name,address,flix number and telephone number of the Applicant;
(c) the address of the project;
(d) the complete name, address, fax number,and telephone number of the party filing the request
and, if represented by counsel, the name, address, fax number, and phone number of the
attorney-,
Draft Waterways License and Special Conditions Page I of 6
Waterways Application X2: W15-4353
417 Lafayette Street, Salem,Essex County
DRAFT WATERWAYS LICENSE
AND SPECIAL CONDITIONS
Andrea and Michael Cawlina
of Salem in the County of Essex -- and Commonwealth aid, has applied to the
Department of Environmental Protection for license to co d maintain a residential
docking facility, as further-described below-------------------- ------------- -----------------
and has submitted plans of the same; and whereas cc o said appli aftd ef the tim
and plaee fixed for a hear:fig thefeen-, has been as req d by law, Mayor and
City Council -- of the- City of Salem; ------------- ------ ---------------- --- ----------
NOW, said Department, having he ies des* be heard, and having fully
considered said application, hereby, L authorizes and
licenses the said------------------------------ ------- -----a_ - --------
Andrea and Michae a-- su to the p ons of the ninety-first chapter of the General
Laws, and of all I ch a be ce applicable thereto, to -- construct and
maintain a 45-foot long wooden pier and a 16-foot long by 10-foot
wide flo y ot long ot wide aluminum gangway; the work also
inclu s stairs on either side of the pier structure ----------------------
in and on tidelands Salem Harbor at 417 Lafayette Street-- in the-City of Salem
and in acc 'With cations shown and details indicated on the accompanying Draft
License Plans Sheets 1-2, dated October 28, 2015, revised on February 7, 2016,
and March 31,201 ed by Scott Ian Patrowicz- ---------------------------------------------------
No specific Legislative Authorizations and/or Licenses have been, previously issued for the
project site.
(e) if claiming to be a person aggrieved,the specific facts that demonstrate that the party satisfies
the definition of"aggrieved person"found in 3 10 CMR 9.02;
(f) a clear statement that a formal adjudicatory hearing is being requested;
(g) a clear statement of the facts which are the grounds for the proceedings, the specific
objections to the MassDE'P's written decision, and the relief sought through the adjudicatory
hearing,,including specifically the changes desired in the final written decision; and
(h) a statement that a copy of the request has been sent to: the Applicant and the municipal
official of the city or town where the project is located.
Dismissal of request,
The request for appeal will be dismissed if the filing fee is not paid, unless the appellant is exempt or
is granted a waiver.
Exemptions
The filing fee is not required if the appellant is a city or town (or municipal agency), county, or
district of the Commonwealth of.Massachusetts,or a municipal housing authority.
Waiver
The Department may waive the adjudicatory hearing filing fee pursuant to 3 10 CMR 4.06(2) for a
person who shows thatpaying the fee will create an undue financial hardship. A person seeking a
waiver must file an affidavit setting forth the facts believed to support the claim of undue financial
hardship together with the hearing request as provided above.
Please feel free to contact Susan You of the Waterways Regulation Program at (617) 556-1198 if
you have any questions. .
,Sincerely,
Ben Lynch
Section Chief
Waterways Regulation Program
Cc: Mayor Kimberley Driscoll,City of Salem
Salem City Council
Salem Planning Board
Salem Zoning Board of Appeals
Salem Conservation Commission
Salem Harbonnaster
Massachusetts Division of Fisheries and Wildlife—Natural Heritage Program
Kate Ostrikis,Massachusetts Division of Marine Fisheries
Massachusetts Historical Commission
U.S.Army Corps of Engineers,New England Division
Massachusetts Coastal Zone Management
Philip and Carole Moran
John and Garcia Brenan
Barbara Warren(notify other four commentators through Barbara Warren)
Drall Waterways License and Special Conditions Page 2 of6
Waterways Application N2: W15-4353
417 Lafayette Street Salem Harbor, Salem,Essex County
The structures authorized hereby shall be limited to the following uses: provide residential non-
commercial docking and boating access to navigable waters.
This License is valid for a term of thirty (30) years from the date of issuance. By written request
of the Licensee for an amendment, the Department may grant a renewal for the term of years not
to exceed'that authorized in this license.
This Licensi is subject to the following Special Conditions a ard Conditions. These
Special Conditions will he included, ii substantially 'form.' along with -the
Standard Conditions,with the Chapter 91 Waterways Li 0 ed pursuant hereto.
Special Condition 1: Any structural alteration, ch e, or any other m ion from that
explicitly authorized herein and contained on the icense shall r-q rior review
of the Department to determine whether additio required puts to M.G.L.
Chapter 9 1,the Public Waterfront Act, dtheWate ations at 3 10 CNM 9.K
Special Condition 2: The Licensee s ublic on foot, free of charge, from
dawn to dusk, for any lawfid purpose e su perty lying'seaward of the
present mean high water m 'fhese co ns s 0 ed to prevent the Licensee
from taking reasonable scour ad by users of the area intended for
public passage, incl ut *mited passing on adjacent private upland areas,
depositing refuse o kind-or e in the and shore, and from excluding the public
from portions of sai e no, nded for pedestrian passage. Further, the
exercise b ublic in accordance with this condition shall be
conside se the I' ability provisions of M.G.L. Chapter 21 § 17C
shall The this ion is to provide access in and across the intertidal zone
local ite for ac uch Iling and viewing of the waterway in addition to the
public fishing, gation which already exist in private tidelands. Said
allowance shall ence upon issuance of the license.
Special Conditio see shall place and maintain, in good repair, two (2)public access
signs which meet tiWura Department sign specifications (see page 6) one on either side of
the pier along the high water mark,.stating that public access is permitted in the intertidal zone.
The sign shall be erected and photo documentation.shall be submitted to the Department within
six(6)months of License issuance.
Special Condition 4: The Licensee sh all store the seasonal ramp and float in.an upland location,
outside any wetland resource area or associated buffer zone.
Special Condition 5: The Licensee shall space individual deck planks of the pier structure at
Draft Waterways License and Special Conditions Page 3 of 6
Waterways Application N2: W154353
417 Lafayette Street� Salem Harbor,Salem,Essex County
least 3/4-inches apart in order to minimize the impact on the salt marsh below.
Special Condition 6: All structures authorized under this License shall be constructed to meet.the
Engineering and Construction Standards pursuant to 310 CMR 9.37.
Special Condition 7: The Licensee shall.allow agents of the Department to enter the project site to
verify compliance with the conditions of this License.
Special Condition 8: All work authorized herein shall be completed five (5) years of the
date of license issuance. Said construction period may be extende Department for one or
more one year penods without public notice, provided pplicant submits to the
Department thirty (3 0).days prior to the end of.the cons d, a written request to
extend the period and provides adequate justification fo nsio
Special Condition 9: The Licensee shall requ king, that the ent issue a
Certificate of Compliance in accordance wi C n 0) days of
completion of the licensed project. The request )y a ce ation by a
registered professional engineer licensed in the Co at the project was completed in
accordance with the License.
Please see page 4 for additional conditio s
Duplicate of Draft License Plan No. W15-4353 on file in the office of said Department, and original of
said plan accompanies this License,and is to be referred to as a part hereof.
Draft Waterways License and Special Conditions Page 4 of 6
Waterways Application N2: WI 5-4353
417 Lafayette Street, Salem Harbor, Salem,.Essex County
STANDARD WATERWAYS LICENSE CONDITIONS
1. Acceptance of this Waterways License shall constitute an agreement by the Licensee to conform with all terms
and conditions stated herein.
2. This License is granted upon the express condition that any and all other applicable authorizations necessitated
due to the provisions hereof shall be secured by the Licensee pdor to the commencement of any activity or use
authorized pursuant to this License.
3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the
issuance,by the Department of a new Waterways License in accordance withh the r A ' ns and procedures established
in Chapter 91 of the Massachusetts General Laws. Any unauthorized sub ge in use or unauthorized
substantial structural alteration of any structure or fill authorized herein shall r aterways License void.
4. This Waterways License shall be revocable by the Department for no with the terms and conditions
set I forth herein. This License may be revoked after the Departme tten notice of the alleged
noncompliance to the Licensee and those persons who have fi en r . r such notice with the
Department and afforded them a reasonable opportunity to co id noncompli ailure to correct said
noncompliance after the issuance of a written notice by the nt shall render ays License void
and the Commonwealth may proceed to remove or cauwse 0 any structure r fill ed herein ithe
expense of the Licensee,its successors and assigns as an ed and Is acture 1.
5. The structures and/or fill authorized herein shall be main and in accordance with the terms
and conditions stated herein and the details indicated on the acco ense plans.
6. Nothing in this Waterways License shall d as author' oachnient in, on or over property not
owned or controlled by the Licensee,except consent o er or owners thereof. The Licensee
stated that Andrea and Michael Cawlina was r at e e application was submitted on
February 20,2015.
7. This Waterways License subject t State, County, and Muni cipal laws,
ordinances and regulations t limite final of Conditions issued pursuant to the
Wetlands Protection Act hap §40.
8.This Waterways Lic anted u express c n that the use of the structures and/or fill authorized
hereby shall be in strict co ce ble re ents and authorizations of the IjEP.
9. This Lice e s or
Ti ac with the public easement that exists by law on private tidelands, the
lice allow the p e an eely upon the area of the subject property lying between the high and
low w for the p fis mg,navigation,and the natural derivatives thereof
Co alth Tide - The Licensee shall not restrict the public's right to use and to pass freely, for
any lawful p on Ian g seaward of the low water mark. Said lands are held in trust by the
Commonwealth e ublic.
Great Pond o monwealth - The Licensee shall not restrict the public's right to use and to pass
freely upon lands lying se of the high water mark for any lawful purpose.
Navigable River or Stream - The Licensee shall not restrict the public's right to use and to pass freely,
for any lawful purpose,in the waterway.No restriction on the exercise of these public rights shall be imposed unless
otherwise expressly provided in this license.
10. Unless otherwise expressly provided by this license, the,licensee shall not limit the hours of availability of any
areas of the subject property designated for public passage, nor place any gates, fences, or other structures on such
areas in a manner that would impede or discourag I e the free flow of pedestrian movement thereon.
Draft Waterways License and Special Conditions Page 5 of 6
Waterways Application-N2: W15-4353
417 Lafayette Street, Salem Harbor, Salem,Essex County
The amount of tidewater displaced by the work hereby authorized has been ascertained by said
.Department, and compensation thereof has been made by thesaid—Andrea and Michael Cawlina--
by.paying into the treasury of the Commonwealth -- two dollars and zero cents.($2.00) -- for each
cubic yard so displaced, being the amount hereby assessed by said Department-- (1.0 cubic yards
$2.00) (Exact amount to be determined in licensing).
Nothing in this License shall be so construed as to impair the legal ri any person.
This License shall be void unless the same and the accomp e recorded within 60 days
from the date hereof, in the Registry of Deeds for the S t e County of--Essex
IN WITNESS WHEREAS, said Department of Protection have set their
hands this day of e o thousand an enteen.
ion Ghief Department of
Environmental Protection
OM EAL MASSACHUSETTS
La
Y1
Y
by Mi ma
es na Mer sum of N/A the amo dby
r as aju ge for rights and privileges M granted in th.e land of
the calth.
BOSTON,
i9proved bi,t
Go r
Draft Waterways License and Special Conditions Page 6 of 6
Waterways Application N2: W15-4353
417 Lafayette Street, Salem Harbor, Salem, Essex County
SIGNAGE SPECIFICATIONS
OF THE MASSDEP WATERWAYS REGULATION PROGRAM
Unless otherwise expressly provided-in a license or other written authorization of the Department,all required
signage shall conform to the following specifications,as applicable:
Signs shall utilize durable materials and methods of construction and maintained in good
condition.
Signs shall be a minimum of 5" x 10" (or 50 square inches) Letter height shall be a
minimum of 1/2".
The MassDEP Chapter 91 Waterways License number t shall bee displayed on all
signs(as applicable).
for on-foo
Each sign shall indicate that public passage is d'k access along the
0
shoreline for the purpose of fishing, fowBg,naAand strolling.
Signs shall be posted on both sides of the pile-supported structure, at the mean high water
shoreline, or as directed by the Draft Chapter 91 Waterways License(see Special Conditions#3).
An example of an acceptable sign is provided below.
Cl�
_,AGE
fOR,
II LM VT
DRAFT.
L09
IM site "t III
- -----------------------------------------------------------------------------------------------------------------------
Note to Licensee:these specifications do not need to be recorded with the License at the RegLs,*y ofDeeds.
-----------------------------------------------------
FOR REGISTRY USE 1, HEREBY CERTIFY THAT THIS PLAN WAS
PREPARED IN ACCORDANCE WITH THE
RULES AND REGULATIONS OF THE REGISTRY
OF DEEDS.
Scott ]on Patmwlcz� P.E.
0 as Solon
OF
snow
40, FATRO� - M
L :1
GRAPHIC AVOR
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LOCUS
#417 LAFAYETTE ST. LOCUS PLAN
� El"** 1" 2000'
"".Ap�f ANARSA CARMNA #415 LAFAYETTE ST.
PRIZIP A"A'Aks
Is,
Is
SITE PIAN
DATUM: MLW=0.0
#419A LAFAYETTE ST.\-",,,-
MAN s efies.As
MAI�o, urr eas
a-
0"
STEPS
PROPOSED WOODE14
(for pedestrian access
around the pier)
COASTAL BANX
($.I of sasseassit) --STEPS TO PROPOSED PIER
EXISTNG STEPS TO REMAIN
Salem AMfXAN ROSS 9EAM FOR
/-CGANGWAY
H10H WATER
(SIO CMR 10�23) os', I s, ISTING
pprusnaest. It. MECHANISM
-------------- FIL IS-CONNECTED TO
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----------- 7UCH
------------- ,M'C6161. DOES NOMA M
-HOREZONTAI-Cf--EWJ-DOES
PROPOSED FLOAT (STOTAL HEIGHT- 2'HIGH --- --- SUDE UP III DOM
PLASTIC FLOATATION DRUMS & VHIGH DEC IND) T.Ith-thg-tides) I
-------------- -----------------
Tulal onodf fl.ts ADDER
u......................
Salem MEAN LOW WATER_____� .........
It.
(ounuati A'
Dat ton, J&F`�.o
S A L E M H A R B 0 R
Rendised: 3/31/17
Date: 2/7/16
Sheet 1 of 2
PLANS ACCOMPAN"I'ING PETITION OF
Michael J. &Andrea Cawlina
for the construction of a pier, gangway &
float (secured to four plies)
totsd.1:
417 Lafayette Street. Salem, Massachusetts
(odjoennt to salsori Honor)
L-----------------------------------------------------
-----------------------------------
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round the pler)
—j
COASTAL BEACH eliv,3.4(e4 M __I >
jftsts) >
COASAL BEACH _SALT MARSH (3,0 CMR fa.�) (.Pprx) .1 M rrj
bo (7)
bffack) INSTAI-1- STOPS (so that the ly z
(ant CMR tium (mo VMR fo_72) bottom of the fast to,- at SQ4 MEA WA R a.� >
uproximate fins
elevutlor:15.6 during low tide.
which 1. more than 36" above ,,em. ML,,__,,
the tidol flat.)
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