64-483 - 419 LAFAYETTE STREET - CONSERVATION COMMISSION v� LO-4T�,Q- 5�rju-v �.
" Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
rf� WPA Form 5 — Order of Conditions 64-483
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I I II I I IIIIIIII I I IIIIIIIIIIIIIII
A. General Information 2008110700035 Bk:28139 Pg:141
Important: Salem 11/07/2008 09:46 CONDN Pg 1/15
When filling 1. From: Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your A
cursor-do not Richard Brennan
use the return a. First Name b. Last Name
key. K& B Excavating
c.Organization
105 Mason Street
d.Mailing Address
Salem MA 01970
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
John and Gracia Brennan
a. First Name b.Last Name
c.Organization
419 Lafayette Street
d.Mailing Address
Salem MA 01970
e.City/Town I.State g.Zip Code
5. Project Location:
419 Lafayette Street Salem
a.Street Address. b.City/Town
32 386 and 387
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: e.Latitude f. Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex
a.County b.Certificate Number(if registered land)
15092 566
c. Book d. Page
7. Dates: September 8, 2008 October 9, 2008 October 23, 2008
a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
a. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
419 A Lafayette Street
a. Plan Title
Rich Brennan
b. Prepared By c.Signed and Stamped by
d. Final Revision Date e.Scale
I.Additional Plan or Document Title g.Date
wpaforrf6ADC• rev.2127/08 Pagel of 10
N
Massachusetts Department of Environmental Protection
s Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 64-483
L` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on
this page shall be submitted to the Conservation Commission listed below.
Salem
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
To:
Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
419 Lafayette Street 64-483
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of: ////
T 1
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
vvpafpra5 Goc• rev.2/27/0e Page 10 of 10
3 CITY OF SALEM
_ CONSERVATION COMMISSION
October 23, 2008
Rich Brennan
419 Lafayette Street
Salem, MA 01970
Re: Order of Conditions—DEP#64-483
Repairs to an existing seawa11419 Lafayette Street
Dear Mr. Brennan:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the 10-day appeal period (as of November 2, 2008), this document and the
attached Special Conditions must be recorded at the Essex County Registry of Deeds
(Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). Once recorded,
please return a copy of Page 9 of the Order, which will indicate to the Commission that
the document has been recorded.
As indicated in the Order, prior to any work commencing:
1. this Order must be recorded,
2. a sign shall be displayed showing DEP File# 64-483 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 978-619-5685.
Sincerely,
( �ps10 �r7
Carey Dues
Conservation Agent/ Staff Planner
Enclosures
CC: DEP Northeast Regional Office
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 64-483
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: Salem
When filling t. From: Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): a. Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Richard Brennan
use the return a.First Name b. Last Name
key. K & B Excavating
c.Organization
m 105 Mason Street
d.Mailing Address
Salem MA 01970
e.City/Town f.State g.Zip Code
4. Property Owner(if different from applicant):
John and Gracia Brennan
a. First Name b. Last Name
c.Organization
419 Lafayette Street
d. Mailing Address
Salem MA 01970
e.City/Town f.State g.Zip Code
5. Project Location:
419 Lafayette Street Salem
a.Street Address b.City/Town
32 386 and 387
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: e. Latitude r.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex
a.County b.Certificate Number(if registered land)
15092 566
c. Book d. Page
7. Dates: September 8, 2008 October 9, 2008 October 23, 2008
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):
419 A Lafayette Street
a. Plan Title
Rich Brennan
b. Prepared By c.Signed and Stamped by
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g. Date
wpaform5Aoc• rev.2121108 Page 1 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 64-483
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
f. 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. Check all that
apply:
a. ❑ Public Water Supply b. ❑ Land Containing Shellfish c. ❑ Prevention of Pollution
d. ❑ Private Water Supply e. ❑ Fisheries f. ❑ Protection of Wildlife
Habitat
g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance standards set
forth in the wetlands regulations. This Commission orders that all work shall be performed in
accordance with the Notice of Intent referenced above, the following General Conditions, and any
other special conditions attached to this Order. To the extent that the following conditions modify or
differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these
conditions shall control.
Denied because:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the
wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice
of Intent is submitted which provides measures which are adequate to protect these interests, and a
final Order of Conditions is issued. A description of the performance standards which the
proposed work cannot meet is attached to this Order.
c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the
effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this
project may not go forward unless and until a revised Notice of Intent is submitted which provides
sufficient information and includes measures which are adequate to protect the Act's interests, and a
final Order of Conditions is issued. A description of the specific information which is lacking and
why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and less than or=
wetland boundary(if available) to one ft.
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a.linearfeet b.linearfeet c.linear feet d.linearfeet
5. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
6. 17-1 Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.c/y dredged f.c/y dredged
wpaform5.doc• rev.2127108 Page 2 of 10
Massachusetts Department of Environmental Protection
�- Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 — Order of Conditions 64-483
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. ❑ Bordering Land
. b.square feet
Subject to Flooding asquare feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
a. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet
Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
to. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the Ocean a.square feel b.square feet
c.Gy dredged d.Gy dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13.."❑ Coastal Beaches a.square feet b.square feet -c-Gy nourishml. d.Gy nourishmt.
14. ❑ Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d.Gy nourishmt.
15. ❑ Coastal Banks a.linea (feet b.linear feet
16. ❑ Rocky Intertidal Shores a.square feet b.square feet
b.square feet c.square feet d.square feet
17. ❑ Salt Marshes a.square feet
18. ❑ Land Under Salt Ponds a.square feet b.square feet
c.Gy dredged d.Gy dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.Gy dredged b.Gy dredged
21. ❑ Land Subject to Coastal
Storm Flowage a.square feet b.square feet
wpalomS Goc• rev.2127/08 Page 3 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 — Order of Conditions 64-483
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. 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.
7. 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.
8. 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 this 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.
9. 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 64-483 "
wpaforr 54oc rev.2127108 Page 4 of 10
Massachusetts Department of Environmental Protection
-- Bureau of Resource Protection - Wetlands
MassDEP File Number:
WPA Form 5 - Order of Conditions 64-483
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
10. 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.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. The work associated with this Order is(t)❑ is not(2)® subject to the Massachusetts
Stormwater Policy Standards. If the work is subject to the Stormwater Policy, the following
conditions apply to this work and are incorporated into this Order:
a) No work, including site preparation, land disturbance, construction and redevelopment, shall
commence unless and until the construction period pollution prevention and erosion and
sedimentation control plan required by Stormwater Standard 8 is approved in writing by the issuing
authority. Until the site is fully stabilized, construction period erosion, sedimentation and pollution
control measures and best management practices (BMPs) shall be implemented in accordance with
the construction period pollution prevention and erosion and sedimentation control plan, and if
applicable, the Stormwater Pollution Plan required by the National Discharge Elimination System
Construction General Permit.
wpalorm5.doc• rev.227/08 Page 5 of 10
Massachusetts Department of Environmental Protection
MassDEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 64-483
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
b) No stormwater runoff may be discharged to the post-construction stormwater BMPs until written
approval is received from the issuing authority. To request written approval, the following must be
submitted: illicit discharge compliance statement required by Stormwater Standard 10 and as-built
plans signed and stamped by a registered professional engineer certifying the site is fully stabilized;
all construction period stormwater BMPs and any illicit discharges to the stormwater management
system have been removed; and all post-construction stormwater BMPs were installed in accordance
with the plans (including all planting plans)approved by the issuing authority, and have been
inspected to ensure they are not damaged and will function properly.
c) Prior to requesting a Certificate of Compliance, the responsible party(defined in General
Condition 18(e))shall submit to the issuing authority an Operation and Maintenance (O & M)
Compliance Statement for the Stormwater BMPs. This Statement shall identify the responsible party
for implementing the Operation and Maintenance Plan and also state that: 1. "Future responsible
parties shall be notified in writing of their continuing legal responsibility to operate and maintain the
stormwater management BMPs and implement the Pollution Prevention Plan; and 2. The Operation
and Maintenance Plan for the stormwater BMPs is complete and will be implemented upon receipt of
the Certificate."
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 Discharge Elimination
System Multi-Sector General Permit.
e) Unless and until another party accepts responsibility, the issuing authority shall presume that the
responsible party for maintaining each BMP is the landowner of the property on which the BMP is
located. To overcome this presumption, the landowner of the property must submit to the issuing
authority a legally binding agreement 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 BMP shall be a violation of the
Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving
more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the
stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the
required operation and maintenance must be submitted along with the legally binding agreement.
f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the
design plans, the Operation and Maintenance Plan section of the approved Stormwater Report, and
the Massachusetts Stormwater Handbook.
g) The responsible party shall:
1. Maintain an operation and maintenance log for the last three years including inspections,
repairs, replacement and disposal (for disposal the log shall indicate the type of material and
the disposal location);
2. Make this log available to MassDEP and the Conservation Commission upon request; and
3. Allow members and agents of the MassDEP and the Conservation Commission to enter and
inspect the premises to evaluate and ensure that the responsible party complies with the
Operation and Maintenance requirements for each BMP set forth in the Operations and
Maintenance Plan approved by the issuing authority.
h) All sediments 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.
wpaform5.dac• rev.2127108 Page 6 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 — Order of Conditions 84-483
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act cont.
j) The stormwater management system approved in the Final Order of Conditions shall not be
changed without the prior written approval of the issuing authority. Areas designated as qualifying
pervious areas for purpose of the Low Impact Site Design Credit shall not be altered without the prior
written approval of the issuing authority.
k) Access for maintenance of stormwater BMPs shall not be obstructed or blocked. Any fencing
constructed around stormwater BMPs shall include access gates. Fence(s) 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):
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The hereby finds (check one that applies):
Conservation Commission
a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
1. Municipal Ordinance or Bylaw 2.Citation
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final
Order of Conditions is issued.
b. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
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):
wpafcrm8.dw• rev.2/27/08
Page 7 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 — Order of Conditions 64-483
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special
condition pursuant to General Conditions#4, from the date of issuance. t. Date of Issuance
Please indicate the number of members who will sign this form: five (5)
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A
copy also must be mailed or hand delivered at the same time to the appropriate Department of
Environmental Prot tion Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
O�
Notary Acknow edgement
Commonwealth of Massachusetts County of Essex
9 October 2008
On this Day of Month Year
Before me, the undersigned Notary Public, K. Cornacchio, D. Pabich, M. Blier, A. Hamilton,
personally appeared and K. Glidden
proved to me through satisfactory evidence of identification, which was/were
personally known
Description of evidence of identification
to be the person whose name is signed on the preceding or attached document, and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of Salem Conservation Commission
City/Town
CAREY R.DUCUES
Nolary Public
Oelr o to CP
My crnm
My liluuon
14 2011 f}
Signature of otary Public u
Care R. Du ues _
Printed Name of Notary Public
Place notary seal and/or any stamp above August 16, 2013
My Commission Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on [ by certified mail, return receipt requested,on
QLL" Zc0
Date Date
v,afarra5Acc• rev.2/27/08 Page B of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 — Order of Conditions 64-483
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
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 of 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 Determination, or providing written information to the Department prior to issuance of a Superseding
Order or Determination.
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.
Section G, Recording Information is available on the following page.
wpaform8 doc• rev.2127108 Page 9 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands MassDEP File Number:
WPA Form 5 - Order of Conditions 64-483
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on
this page shall be submitted to the Conservation Commission listed below.
Salem
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
-----------------------------------------------------------------------------------
To:
Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
419 Lafayette Street 64-483
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wpalorrr,s.doc• rev.2/27/08
Page 10 0l 10
'. Attachment to Order of Conditions # 64-483
"F Page lof 6
SALEM CONSERVATION COMMISSION
DEP FILE #64-483
419 Lafayette Street
City of Salem, Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural
Heritage & Endangered Species Program (NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has
been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any
vernal pools.
This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L. Chapter 131, Section 40 and the City
of Salem Wetlands Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13.
This Order permits the repair of an existing granite seawall located along a coastal bank and on land subject to
coastal storm flowage. Approximately 2 sections 20-30 feet in length require repairs. The existing field stones are
failing and this Order of Conditions permits the replacement of these stones with large pieces of granite. In order to
protect the resource area the work shall be completed from land side and shall be completed during low tide.
Materials are to be on site priori to the start of the project. The existing eel grass and vegetation, adjacent to the sea
wall, shall be protected and supported as necessary and as much asossible using plywood or whatever material
P gPYv' is
appropriate during construction. All material shall be hauled off site at the end of each day and not stored within the
buffer zone. Where necessary, high strength concrete shall be used between pieces of granite. Loose metal pieces
currently on site near the metal rails shall be removed and properly disposed off site. The metal rails that are
embedded in the ground can remain. Improvements to the existing stairs is also permitted under this Order of
Conditions, including reattaching the stairs to the existing seawall with cement. Repairs to an existing divot in the
seawall, where a dead-man was installed for hauling boats, is also permitted. An existing Chapter 91 License dated
9/11/93 covers the initial construction of this wall and any subsequent repairs.
GENERAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety (all 6 pages) at the Essex County Registry of
Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day
appeal period and within 30 days of the issuance. A copy of the recording information must be
submitted to the Salem Conservation Commission before any work approved in this Order
commences.
2. Approval of this application does not constitute compliance with any law or regulation other than
M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands
Protection Ordinance, Salem Code Chapter 34, Section 34-1 —34-13.
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, a sign shall be displayed showing DEP File#64-483, and not placed on
a living tree.
Attachment to Order of Conditions # 64-483
'<< Page 2of 6
5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the
date of the issuance of this Order.
6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers
to act on its behalf in administering and enforcing this Order.
i
7. The Commission or its Agent, officers,or employees shall have the right to enter and inspect the property at
any time for compliance with the conditions of this Order, the Wetlands Protection Act MGL Chapter 131,
Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or
documentation that it deems necessary for that evaluation.
8. The term"Applicant' as used in this Order of Conditions shall refer to the owner, any successor in
interest or successor in control of the property referenced in the Notice of intent, supporting documents
and this Order of Conditions. The Commission shall be notified in writing within 30 days of all
transfers of title of any portion of the property that takes place prior to issuance of the Certificate of
Compliance.
9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S. 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) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 2 1 A ss7
and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the
septic system within 100 feet of wetlandsshallbe submitted to the Commission prior to
construction initiation.
(4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR
744.).
10. If there are conflicting conditions within this Order, the stricter condition(s) shall rule.
11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and
surface waters during construction or after completion of the project.
12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
13. The Commission reserves the right to impose additional conditions on portions of this project or this site
to mitigate any actual or potential impacts resulting from the work herein permitted.
14. The work shall conform to the following attached plans and special conditions:
Final Approved Plaits
419 A Lafayette Street Seawall Repair
(Title)
(Dated)
Attachment to Order of Conditions # 64-483
Page Sof 6
(Signed and Stamped by)
City of Salem Conservation Commission
(On file with)
15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved
plants) shall require the applicant to file a Notice of Project Change with the Commission. The Notice
shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the
change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend
this Order of Conditions. A copy of such request shall at the same time be sent to the Department of
Environmental Protection.
16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has
been issued,the applicant or current landowner shall submit to the Commission a statement signed by the
buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of
the Order of Conditions.
PRIOR TO CONSTRUCTION
17. Prior to the commencement of any activity on this site other than activities listed above,there
shall be a Pre-Construction Meeting between the project supervisor, the contractor responsible for the
work, and a member of the Conservation Commission or its Administrator 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 Commission
Agent at (978) 745-9595 ext 311 at least forty-eight (48) hours prior to any activity to arrange for the
pre-construction meeting.
18. 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 Administrator shall inspect and approve such installation at the pre-construction
meeting.
19. 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.
20. There shall be twenty(20) hay bales and wooden stakes under cover on the site to be used only for
emergency erosion control.
EROSION CONTROL
21. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction,
and shall be maintained during construction in the wetland areas and buffer zones. The erosion control
specifications provided in the Notice of Intent and the erosion control provision in the Order will be the
minimum standards for this project; the Commission may require additional measures.
22. 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.
23. 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.
Attachment to Order of Conditions N 64-483
".` Page 4of 6
24. The area of construction shall remain in a stable condition at the close of each construction day.
25. 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 hay bale sediment traps, silt filter bags or other means approved by the Commission or its
Administrator.
26. 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.
27. If soils are to be disturbed for longer that 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
28. 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.
29. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
30. 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.
31. 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.
32. 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.
33. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale
barriers and/or silt bags to filter silt from stormwater before it enters the drainage system.
34. There shall be no pumping of water from wetland resource areas.
35. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other
components shall be fixed immediately.
36. During construction, all drainage structures shall be inspected regularly and cleaned as necessary.
37. 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 21 A,section 16.
AFTER CONSTRUCTION
38. Upon completion of construction and final soil stabilization, the applicant shall submit the following to
the Conservation Commission to request a Certificate of Compliance (COC):
(1) A Completed Request for a Certificate of Compliance form (WPA Form 8A or other form if
required by the Conservation Commission at the time of request).
.'. Attachment to Order of Conditions # 64-483
Page Sof 6
(2) A letter from a Registered Professional Engineer certifying compliance of the property with this
Order of Conditions.
(3) An "As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor
showing post-construction conditions within all areas under the jurisdiction of the Massachusetts
Wetlands Protection Act. This plan shall include at a minimum:
(a) All wetland resource area boundaries with associated buffer zones and regulatory setback
areas taken from the plan(s)approved in this Order of Conditions;
(b) Locations and elevations of all stormwater management conveyances, structures and best
management designs, including foundation drains,constructed under this Order within any
wetland resource area or buffer zone;
(c) Distances from any structures constructed under this Order to wetland resource areas-
"structures"include,but are not limited to,all buildings, septic system components, wells,
utility lines,fences,retaining walls,and roads/driveways;
(d) A line delineating the limit of work-"work"includes any filling,excavating and/or
disturbance of soils or vegetation approved under this Order;
39. 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.
40. 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.
41. 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 Administrator has
authorized their removal.
ADDITIONAL CONDITIONS
42. The work shall be completed from land side and shall be completed during low tide.
43. Materials are to be on site prior to the start of the project.
44. The existing eel grass and vegetation, adjacent to the sea wall, shall be protected and supported as
necessary, and as much as possible,using plywood or whatever material is appropriate during construction.
45. All material shall be hauled off site and not stored within the buffer zone.
46. High strength concrete shall be used between new pieces of granite.
47. Loose metal pieces currently on site near the metal rails shall be removed and properly disposed off site.
The metal rails imbedded in the ground can remain.
48. Spill kits shall remain on all equipment throughout the duration of the project.
„ Attachment to Order of Conditions k 64-483
'r Page 6of 6
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LAW OFFICES OF PHILIP D. MORAN, P.C.
ATTORNEY AND COUNSELLOR AT LAW
265 ESSEX STREET•SUITE 202
SALEM,MASSACHUSETTS 01970
(978)745-6085
Fax(978)741-2572
Poluran email:philipmoranesq®aol.com
PHILIP D.MORAN
September 11, 2008
Chairman
Salem Conservation Commission
City Hall
93 Washington Street
Salem, MA 01970
RE: Petition of John Brennan
Dear Mr. Chairman and Members of the Conservation Commission:
As a neighbor and former Chairman of the Salem Conservation Commission, both
I and my wife Carole support Mr. John Brennan in his application for approval to repair
his sea wall at 419 Lafayette Street, Salem. We both hope you will grant him his approval
with an Order of Conditions that is most reasonable.
Thank you for your anticipated courtesy and cooperation in this matter.
Very truly yours,
Philip D. Moran, Esq.
cc: Mr. John Brennan
v CITY OF SALEM
CONSERVATION COMMISSION
Q STTF VISIT FARM
PROJECT LOCATION: IAe n DATE OF SITE VISIT' 9 Z3�g
PROJECT PROPONENT: Zann.0,ati DEP FILE NUMBER:
PROPOSED WORK: ain lac Se0.w
IN ATTENDANCE:
Commission Members/,Agent: Abutters:
Applicant/Property Owner/Representative: )`
SITEVISITPURPOSE ,-
❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation Notice of Intent
❑Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal
'AREAS OF JURISDICTION:,
INLAND RESOURCE AREAS COASTAL RESOURCE AREAS
-, ❑Bank ❑ Land Subject to Coastal ❑Land Under the Ocean
' Storm Flowage
L1Bordering Vegetated Wetland
F] Designated Port Area ❑Coastal Beach
El Land Subject to Flooding
❑ Coastal Dune ❑Barrier Beach
❑Land Under Water Bodies or Waterway
Name: ❑ Coastal Bank ❑Rocky Intertidal Shore.
❑Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond
❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata-
Shellfish dromous Fish Run
❑ Bordering Vegetated Wetland in Coastal Area
120 WASMNQTON Sree:FT, SAU N1, MAssAL-HUSE rs 01970 . Tei.: 978.745.9595 FAX: 978.740.0404 . www.SA1.FM.Cona
BUFFER ZONE (within 100-feet)
❑Water Body ❑ Bordering Vegetated Weiland BankLA
Coastal Beach ElCoastal Dune
INTERESTS PROTECTED:
❑Protection of Water Supply ❑ Protection of Groundwater Supply Flood Control
AStorm Damage Prevention ❑Prevention of Pollution ❑Protection of Fisheries
❑ Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish
Is this an exempt project: If so,why?
Are resource area boundaries delineated correctly? If not,explain.
SITE VISIT DOCUMENTATION''t n . '�"€ ;.,.�
.m ,d4._
❑Photos ❑ Site Map ❑Other:
Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses. I�
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fie,., V-� w Qvwitic, 4 t Ci VA
well. .
RECOMMENDATIONS: __. w
0
v CITY OF SALEM
CONSERVATION COMMISSION
/f p STT VTSTT FnRM
PROJECT LOCATION: `� I �� DATE OF SITE VISIT
PROJECT PROPONENT: �«�� n � DEP FILE NUMBER:
PROPOSED WORK:
IN ATTENDANCE:
Commission Members/Agent Abutters:
Applicant/Property Owner/Representative: C� 2)f QYvAQ A— — 1.-=CaS uv\, SL' .
SITE VISIT PURPOSE
❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation xNotice of Intent
❑Certittcate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal
.... - ` ' , , z... , ,
AREASOFJURISDICTION '° 'was ,a* ,.-
INLAND RESOURCE AREAS COASTAL RESOURCE AREAS
❑Bank ❑ Land Subject to Coastal ❑Land Under the Ocean
Storm Flowage
[:]Bordering Vegetated Wetland - -
❑ Designated Port Area ❑Coastal Beach
El Land Subject to Flooding
❑ Coastal Dune ❑Barrier Beach
E]Land Under Water Bodies or Waterway
Name: " Coastal Bank ❑Rocky Intertidal Shore
❑Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond
❑Vernal Pools _ ❑ Land Containing - ❑Anadromous/Cata-
Shellfish dromous Fish Run
❑ Bordering Vegetated Wetland in Coastal Area
120 WASHINGTON .STREET, SALEM, MASSACIIUE`FN 01970 1"F1,: 978.745.9595 FAX: 978.740.0404 • WWW.SALEbI.COM
BUFFER ZONE (within 100-feet)
❑Water Body ❑ Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ]Coastal Dune
INTERESTS PROTECTED:
❑ProtectionofWater Supply E] YYY"
Protection of Groundwater Supply Flood Control
Storm Damage Prevention revention of Pollution ❑"'"'Protection of Fisheries
❑ Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish
Is this an exempt project: If so,why?
Are resource area boundaries delineated correctly? If not,explain.
SITE VISIT`DOCUMENTATION: �'_ . us4 a� s�_„ ,�,� v ,. : ._< �� .�� , -
iGSlPhotos ❑ Site Map ❑Other:
` F
OBSERVATIONS*."
Take into account relevant aspects or features such as: natural or piped drainage or "obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses.
aimvii- -I- -)Utms of Qa tQawau nte� a-i,au
11�.C, IL.k1�llYlQ �QCit,�sM>` COk'�AAYVIYZq '1�t� �rmRn !"�S f�f COY ��C�
RECOMMENDATIONS:,.
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Massachusetts Department of Environmental Protection Proylded
Bureau of Resource Protection - Wetlands
r sr DEP Ftle Number t� , ��,
WPA Form 3 - Notice of Intent
�`���Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City/Town
Important.
When filling out A. General Information
forms on the
computer, use 1. Project Location (Note: electronic filers will click on button for GIS locator):
only the tab key
to move your q, �11A 6�PA yEETC 3T 174"XM
cursor-do not a.Str t Address - b.Ci frown c.Zi
use the return h' P Code
key' Latitude and Longitude:
d. Latitude e. Longitude
f.Assessors Map/Plat Number g. Parcel/Lot Number
2. Applicant:
PIICHAF 0 B R EV riAtJ K+ t EXCAyh'nAi -
a. First Name b. Last Name c.Company
Note: los HASO/J .ST.
Before d.Mailing Address
completing this
form consult SAIX-M MA 01970
f
your local e.CityfTown f.State g.Zip Code
Conservation 9178 711, 117219767'1119/03
Commission h. Phone Number i. Fax Number j. Email address
regarding any
municipal bylaw 3. Property owner(if different from applicant): ® Check if more than one owner
or ordinance.
JON/J+ 6XIIi 13RExtNAn1 PAnEs -op ^pPLj '-"T
a. First Name b.Last Name c.CcaWerrt
ffII LAr-A-yE1Tf
d. Mailing Address
,SAIE-M MA 01770
e.City/Town f.State g.Zip Code
?7L1 7V'11336
— -
h. Phone Number i. Fax Number j. Email address
4. Representative (if any):
a. Firm
b.Contact Person First Name c.Contact Person Last Name
d.Mailing Address
e.City/Town f.State g.Zip Code
h. Phone Number i. Fax Number j.Email address
5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form):
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
6. General Project Description:
REPAIR I REPLAu 30' 3>27'7o?J OF -Tt Al ALL
wpaform3.doc•rev.3/29/05 Page 1 of 7
Massachusetts Department of Environmental Protection ProuiaeabyDE1=' }, ,
Bureau of Resource Protection - Wetlands
WPA Form 3 - Notice of Intent
I ,,��Document Transacbon Number!.
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
City/Town
A. General Information (continued)
7. Project Type Checklist:
a. ❑ Single Family Home b. ❑ Residential Subdivision
c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial
e. n Dock/Pier f. ❑ Utilities
g. t& Coastal Engineering Structure h. ❑ Agriculture—cranberries,forestry
(3EA W ALL)
i. ❑ Transportation j. ❑ Other
8. Property recorded at the Registry of Deeds for:
CSS/ x S66
a.County b. Page Number
I .S o g Z
c.Book d.Certificate#(if registered land)
9. Has work been performed on the property under an Order of Resource Area Delineation involving
Simplified Review within 3 years of the date of this application?
a. ❑ Yes b. X No
10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland
P 1 Y 9 9 ,
inland bank, or coastal resource area?
a. ® Yes - answer 11 below, then skip to Section C.
b. ❑ No - skip to Section B.
If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the
50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order
of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of
Compliance, whichever is later.
11. Buffer Zone Setback—For projects that involve work only in the buffer zone, select the applicable
adjacent resource area (check one):
a. ❑ BVW b. ❑ inland bank c.Mcoastal resource area
The distance between the closest project disturbance and the associated resource area is:
. 1 A� �
d.linear feet
wpaform3.doc•rev. 3/29/05 Page 2 of 7
Massachusetts Department of Environmental Protection Provided by DEP' µ 7
Bureau of Resource Protection - WetlandsLl
rr :DEP Fde Nufnber�* * .�F F1
WPA Form 3 - Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 `' °.DocumentT ansachon Number!
City/Tom
B. Resource Area Effects
1. Inland 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.
Online Users:
Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any)
—
document — -
transaction a. Bank 1.linear feet - 2.lineanue�
number b. ❑ Bordering Vegetated
(provided on Wetland 1.square feet 2.square feet
your receipt
page)with all c. ❑ Land Under 1.square feet 2.square feet
supplementary Waterbodies and
information you Waterways
3.cubic yards dredged
submit to the d. ❑ Bordering Land
Department. Subject to Flooding 1.square feet 2.square feet
3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced
e. ❑ Isolated Land Subject
to Flooding 1.square feet
2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced
f. ❑ Riverfront area 1.Name of Waterway(if available)
1.Width of Riverfront Area (check one):
❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
❑ 200 ft. -All other projects
2. Total area of Riverfront Area on the site of the proposed project: Square Feet
3. 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.
4. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No
5.Was the lot where the activity is proposed created prior to August 1, 1996? 59 Yes❑ No
wpaform3.doc•rev.3/29/05 Page 3 of 7
Massachusetts Department of Environmental Protection Provided by DEP ,i
Bureau of Resource Protection - Wetlands
',DEP Fife Numbers, ,Eu`$ °
WPA Form 3 — Notice of Intent E"u'z5 9 R nSm
m�
L
� 121,AUR Document Transaction Number,
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40n
City/Town
B. Resource Area Effects
2. Coastal Resource Areas:
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. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
number
(provided on b. ❑ Land Under the Ocean 1.square feet
your receipt
page)with all 2.Cubic yards dredged
supplementary Indicate size under Coastal Beaches and/or Coastal Dunes
information you c. ❑ Barrier Beach below
submit to the
Department. d. ❑ Coastal Beaches 1.Square feet 2.Cubic yards beach nourishment
e. ❑ Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment
f. ❑ Coastal Banks 1.Linear feet
g. ❑ Rocky Intertidal Shores 1.Square feet
h.❑ Salt Marshes 1.Square feet 2.Sq ft restoration,rehab.,or creation
i. ❑ Land Under Salt Ponds 1.Square feet
2.Cubic yards dredged
j. ❑ Land Containing
Shellfish 1.Square feet 2.Square feet restoration,rehab.
k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
1.Cubic yards dredged
i. ❑ Land Subject to Coastal
Storm Flowage 1.Square feet
3. Limited Project:
Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 or 310 CMR 10.53?
a. ❑ Yes ❑ No If yes, describe which limited project applies to this project:
b.Limited Project
wpaform3.doc•rev.3/29/05 Page 4 of 7
Massachusetts Department of Environmental Protection Provided
Bureau of Resource Protection -Wetlands
DEP File Nnuumber€e pj
r ml`i'a �� uyt� a efL�'1g g P;
WPA Form 3 — Notice of Intent
_ DocumentTransaction Number,
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -.. _ T..m.
City/rown
C. Bordering Vegetated Wetland Delineation Methodology
Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary:
Online Users: 1. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP
Include your (attached)
document
transaction 2. ❑ DEP BVW Field Data Form (attached)
number
(provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached)
your receipt
page)with all 4. ❑ Other Methods for Determining the BVW Boundary(attach documentation):
supplementary
information you a. ❑ 50% or more wetland indicator plants
submit to the
Department. b. ❑ Saturated/inundated conditions exist
c. ❑ Groundwater indicators
d. ® Direct observation
For all projects
affecting other e. ❑ Hydric soil indicators
Resource
Areas, please f. ❑ Credible evidence of conditions prior to disturbance
attach a
narrative 5. Other resource areas delineated:
explaining now D. Other Applicable Standards and Requirements
the resource pP a
area was
delineated. 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent
Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and
Endangered Species Program?
a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
b. Date of Map Westborough, MA 01581
2. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
a.❑ Yes N No If yes, include proof of mailing or hand delivery of NOI to:
Massachusetts Division of Marine Fisheries
251 Causeway Street, Suite 400
Boston, MA 02114
b. ❑ Not applicable—project is in inland resource area only
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
a. El Yes No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP
Website for ACEC locations). Note: electronic filers click on Website.
b.ACEC
wpaform3.doc•rev.3/29/05 Page 5 of 7
Massachusetts Department of Environmental Protection Provided by DEPS {["L7 �,"
Bureau of Resource Protection - Wetlands ,kDEP File Number ,,rtf;Flry
WPA Form 3 — Notice of IntentMau,, F a" dE"2,N�'
Docu
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ment Transaction Number'..
City/Town
D. Other Applicable Standards and Requirements
Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Include your Restriction Act (M.G.L. c. 131, § 40A)or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?
document
transaction a. ❑ Yes ® No ,
number
(provided on
your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the
page)with all wetlands regulations, 310 CMR 10.00.
supplementary
information you a. ❑ Yes t4 No If yes, describe which exemption applies to this project:
submit to the
Department.
b.Exemption
6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No
If yes, stormwater management measures are required. Applicants should complete the Stormwater
Management Form and submit it with this form.
b. If no, explain why the project is exempt:
E. Additional Information
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.
t. ❑ USGS or other map of the area (along with a narrative description, if necessary)containing
sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this 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.
3. ❑ Other material identifying and explaining the determination of resource area boundaries
shown on plans (e.g., a DEP BVW Field Data Form).
4. ❑ List the titles and dates for all plans and other materials submitted with this NOI.
5. ❑ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
6. ❑ Attach NOI Wetland Fee Transmittal Form
9. ❑ Attach Stormwater Management Form, if needed.
wpaform3.doc•rev.3/29/05 Page 6 of 7