64-293 - 419A LAFAYETTE STREET - CONSERVATION COMMISSION W; " LtI9A LA FXIOM 6yz93
1 _ '
310 CMR 10. 99 DEP File No, bd- C)
(To be provided by D_7:
Fors:[ 5
City/Town tialem
A4plicant
Cotmnons+eal th '
of Massachusetts
Amended 5/27/99
Order of Conditions
Massachuetts Wetlands Protection Act
G.L. c . 131, §40
From Salem ConservationCommission Issuing Authority
To Jonn Brennan Same
(Name of Applicant) (Name of properly owner)
Address 419 Lafayette Street Address
This Order is issued and delivered as follows :
❑ by hand delivery to applicant or representative on (date)
by certified mail, return receipt _ecuesced on -2 (date)
419&
This project is located at- 419A Latayette Street
The property is recorded at the Registry of gssee
Book -7041 Page 427
Certificate (i_ registered)
The Notice of Sntenc for this project was led on 2/26/99 (date}
The public hearing was closed on 3/11/99 (date)
Findings
The Commission has reviewed the above-referenced Notice of Intent and pLans and has
held a public hearing on the project. eased on the information avaitabLe to the ('nmmiccinn a; this
time, the nmmicc;nn has determined that the area on which the proposed work is to be cone is
significant to the foLLowing interests in accordance with the Presumptions of Significance set forth in the
regulations for each Area Subject to Protection under the Act��t (check as appropriate):
Public water supply Flood Control Land containing shellfish
Private water suppLy Storm damage prevention Fisheries
Ground water supply Prevention of pollution Protection of Wildlife Habitat
Tote[ Filing Fee Su!nitted 80.00 State Share 24.50
(1/2 fee in excess of S25)
City/Town Share 51.50
Total Refund Due S 0 City/Town Portion S State Portions
(1/2 Iota t) (1/2 total)
AlIUE COPY ATTEST
CITY CLf
ULEM, MASS.
14
Therefore, the Commission hereby finds that the following conditions
are necessary, in accordance with the Performance Standards set forth _- the
regulations, to protect those interests checked above . TheSe.---es---
orders that all work shall be performed in accordance with said-c- _l 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.
General Conditions
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 anv property rights or any exclusive privileges;
it does not authorize any injury to private property or invasion or-
private
fprivate rights.
3 . This Order does not relieve the bermittee or any other person of the
necessity of complying with all other applicable federal, state oz local
statutes, ordinances, by-laws or regulations .
a . 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 foz completion has been extended to a specified date more
than three years, but less than five years, from the date of issuance
and both that date and the special circumstances warranting the
extended time period are set Porch in this Order.
S. This Order may be extended by the issuing authority for one or more
periods of u_o to three years each upon applicacicn to the issuing
authority ac least 30 days prior to die expiration date of che; order.
o . Any rill used in connection with this project shall be clean
containing no trash, refuse, rubbish or debris, including buc not _invited
to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires,
ashes , refrigerators, r..ocor vehicles or parts of any of the foreco:ng .
7, No work, shall be undertaken until all administrative appeal periods from
this Order have elapsed or, if such an appeal has been -filed, until all
proceedings before the Department have been completed.
8 . No work shall be undertaken until the Final order has been Trecorded
in the Registry of Deeds or the Land Court for the district in w:hich
the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also
be noted in the Registry' s Grantor Index under the name of the owner
of the land upon which the proposed work is to be done. In the case
of registered land, the Final order shall also be noted on the Land
Court Certificate of Title of the owner of the 1-and upon which the
proposed work is to be done. The recording informacin shall be
submitted to the Commission on the form at the end of this order
prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or
more than three square feet in size bearing the words,
"Massachusect Depazcmenc of Environmental Protection,
File Number � 4v T
10. where the Department of Environmental Protection is recuesced to mare a
determination and to issue a Sunersedina Order. the Conservation
Commission shall be a marcv to all agency proceedings and 'hearings before
the Deoartmenc .
11 . Upon comoletion of the work described herein, the applicant shall
a
forthwith reuesc in writing chac a Certificate of Compliance be issued
stating than the work has been sacisfaccorily completed.
12 . The work shall conform to the following pians and special conditions :
Plans:
Title Dated Signed and Stamped by: On File with:
Notice of Intent c r_c_
3 of 3
Seawall Repair
Special Conditions (Use additional paper if necessary)
(Leave Space Blank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5-3A
l
• a
Issued 3y Conservation `\
l
f
Signature ( _ A J
'W I\
This Order must be signed by a majority of the Conservation Commission.
On this tj+h-day. of M -h 19 OQ 1 before me
personally appeared the above mentioned , to me known to be the
person described in and who executed the foregoing instrument and acknowledgec
that he/she exec pedsame as his/her free act and deed.
STEPHEN DIBBLE
Notary Public
My Commission E;Vres Nov.12,2004
otary Publi My commission expires
The applicant, the owner, any person agrrieved by this Order, any owner of land abutting the lard upon whit
The proposed work is to be done, or any ten residents of the city or town in which such land is located, a:
hereby nctified of their right to request the Oepartmenc of Envirormental Protection to issue a Supersedim
Order, providing the request is made by certified mail or hand delivery to the Department, with the
appropriate filing fee and Fee Transmittal Forn as provided in 310 CMR 10.03(7), within ten days frcn the
date of issuance of this determination. A copy of the request shall at the same time be sent by certified
rail or hard delivery to the Conservation Ccnnission and the applicant.
A UE COPY ATTEST.
CITYC ERK
SALEM, MASS,
Detach on dotted line and submit to the prior to conaencement of work
..........................................................................................................
To Issuing Authorit
Please be advised that the Order of Conditions for the project at
File Nurnber has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
,19
If recorded lard, the instrument nuboer which identifies this transaction is
If registered lend, the docunent nurber which identifies this transaction is
Signature Applican-
I •
SALEM CONSERVATION COMMISSION
SPECIAL CONDITIONS
ADDRESS: 419A Lafayette St & 419 Lafayette Street
1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting
documents and those final specifications which shall be filed with the Commission prior to
construction. Any change made or intended to be made to the approved plans shall require the
applicant to inquire of the Commission in writing whether the change is substantial enough to
require the filing of a new Notice of Intent.
2. Members and agents of the Commission shall have the right to enter and inspect the
premises at all reasonable times to evaluate compliance with the conditions in this Order. The
Commission may require the applicant to submit additional data or information necessary for the
Commission to conduct that evaluation.
3. Upon completion of the project, the applicant shall submit, with the request for a
Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor
registered in the Commonwealth of Massachusetts, stating that the site has been developed in
accordance with the requirements of this Order of Conditions,the referenced site plan and
supporting documents.
4. This Order shall apply to every successor in control or successor in interest of the
property described in the Notice of Intent and accompanying plans or part thereof. In the event
this land or any part thereof changes ownership before or during construction, the current owner
shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership
and shall forward proof of this notification to the Commission.
5. Additional erosion and sedimentation control measures deemed necessary by the
Commission shall be instituted by the applicant. Any siltation caused onto any wetland or
waterway area shall be promptly reported to the Commission. Such areas shall be restored to the
satisfaction of the Commission.
6. During construction, no debris, fill, or excavated material shall be stockpiled within 100
feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent
sediment from surface runoff entering wetlands.
7. Equipment servicing and overnight equipment storage must be conducted outside the
buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants.
8. *No spill or discharge of petroleum products or other pollutants will occur within 100
feet of any wetland resource area.
9. Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to
the commencement of construction activities. Said notice shall include, in writing, the names(s),
address(es), and business and home telephone numbers of the project supervisor(s) responsible
for insuring that operations are conducted in compliance with this Order.
10. All disturbed soils shall be immediately and similarly re-vegetated upon completion of
construction activities or shall be mulched until the next growing season. Hydroseeding will be
initiated no later than September 15.
11. No project activities will be conducted between December 1 and March 15. Projects +
shutting down for the winter will, by December 1, complete slope stabilization sufficient to
prevent erosion or siltation until project activities resume in March.
12. The Order of Conditions including these Special Conditions shall be posted on site.
*ongoing conditions that do not expire upon completion of the project or issuance of a
Certificate of Compliance.
sdkoncomlooc\Iafayettc 4I9A
310 CMR 10.99 DEP File No. b4—
(To be provided by DEP)
Form 5
City/Torn tialem
Applicant TQ#Ip- e+aaan
Commonwealth '
of Massachusetts
Order of Conditions
Massachuetts Wetlands Protection Act
G.L. c . 131, §40
From Salem ConservationCommission Issuing Authority
To Jonn Brennan
(Name of Applicant) (Name of property owner)
419 Lafayette Street
Address Address -'
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
by certified mail, return receipt requested on LJ 2❑ (date).
This project is located at 419A Lafayette Street
The property is recorded at the Registry of Rssese
Book 7041 ?age 427
Certificate (if registered)
The Notice of Intent for this project was filed on 2/26/99 (date)
The public hearing was closed on 3/11/99 (date)
Findings
The Commission has reviewed the above-referenced Notice of Intent and plans and has
held a public hearing on the project. Based on the information available to the Comm tgst on at this
time, the mnmmig ginn has determined that the area on which the proposed work is to be done is
significant to the following interests in accordance with the Presumptions of Significance set forth in the
regulations for each Area Subject to Protection Under the Act (check as appropriate): _
Public water supply Pq Flood Control land containing shellfish
Private water supply Storm damage prevention fisheries
Ground water supply Prevention of pollution Protection of Wildlife Habitat
Total Filing Fee Submitted 80.00 State Share 24.50
(1/2 fee in excess of S25)
City/Town Share 52.50
Total Refund Due S 0 City/Town Portion S State Portions
(1/2 total) (1/2 total)
a
Therefore, the Cn mission hereby finds that the following conditions
are necessary, in accordance with the Performance Standards set forth in the
regulations, tc protect those interests checked above. The 'i"=c. -
orders that all work shall be performed in accordance with said con MIT' s and
with the Notice of Intenc 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.
General Conditions
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, by-laws or regulations.
a . The work authorized hereunder shall be completed within three years from
the date of this Order unless either of the following apply:
(a) the work is a maintenance dredging project as provided for in the
Act; or
(b) the time for completion has been extended to a specified date more
than three years, but less than five years, from the date of issuance
and both that date and the special circumstances warranting the
extended time period are set forth in this Order.
S. 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 sill used in connection with this project shall be clean fill,
containing no crash, 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. No work shall be undertaken until all administrativeappeal periods from
this Order have elapsed or, if such an appeal has been filed, until all
proceedings before the Department have been completed.
8. No work shall be undertaken until the Final order has been recorded
in the Registry of Deeds or the Land Court for the district in which
the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also
be noted in the Registry' s Grantor Index under the name of the owner
of the land upon which the proposed work is to be done. In the case
of registered land, the Final order shall also be noted on the Land
Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording informatin shall be
submitted to the Commission on the form at the end of this Order
prior to commencement of the work. -
9. A sign shall be displayed at the site not less than two square feet or
more than three square feet in size bearing the words,
"Massachusett Dep�argtment of Environmental Protection,
File Number �S,y,3
10. where the Department of Environmental Protection is requested co make a
determination and to issue a Supersedina Order, the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department.
-2
11. Upon completion of the work described herein, the anolicant shall
forthwith reauesc in writing that a Certificate of Compliance be issued
stating that, the work has been sacisfaccorily completed.
12 . The work shall conform to the following plans and special conditions :
Plans:
Title Dated Signed and Stamped by: On File with:
Notice of .Intent - a C-r.-
3 of 3
Seawall Ren.air
Special Conditions (Use additional paper if necessary)
(Leave Space Blank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
i
i
Issued Eiy Conservation \
Signature(
This Order must :De signed by a majority of the Conservation Commission.
On this 11th day. of^_rGh 19 tag , before me
personally appeared the above mentioned to me known to be the
person described in and who executed the foregoing instrument and acknowledged
;that he/she exec ed same as his/her free Act and deed.
STEPHEN DIBBLE
Notary Pub0c
W Commission Opires Nov.12,2004
tary Publi My commission expires
The applicant, the owner, any person agrrieved by this Order, any owner of land abutting the land upon which
the proposed work is to be done, or any ten residents of the city or town in which such land is located, are
hereby nctified of their right to request the Department of Environmental Protection to issue a Superseding
Order, providing the request is made by certified mail or hand delivery to the Department, with the
appropriate filing fee and Fee Transmittal Form as provided in 310 CXR 10.03(7), within ten days from the
date of issuance of this determination. A copy of the request shall at the same time be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
Detach on dotted line and submit to the prior to commencement of work.
............................................................................................................
To Issuing Authority
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
,19
If recorded land, the instrument nurber which identifies this transaction is
If registered lend, the document number which identifies this transaction is
Signature Applicant-
I
5-4F
SALEM CONSERVATION COMMISSION
SPECIAL CONDITIONS
ADDRESS: 419A Lafayette St
1. All work shall conform to the above-referenced Notice of Intent, site plan and supporting
documents and those final specifications which shall be filed with the Commission prior to
construction. Any change made or intended to be made to the approved plans shall require the
applicant to inquire of the Commission in writing whether the change is substantial enough to
require the filing of a new Notice of Intent.
2. Members and agents of the Commission shall have the right to enter and inspect the
premises at all reasonable times to evaluate compliance with the conditions in this Order. The
Commission may require the applicant to submit additional data or information necessary for the
Commission to conduct that evaluation.
3. Upon completion of the project, the applicant shall submit, with the request for a
Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor
registered in the Commonwealth of Massachusetts, stating that the site has been developed in
accordance with the requirements of this Order of Conditions, the referenced site plan and
supporting documents.
4. This Order shall apply to every successor in control or successor in interest of the
property described in the Notice of Intent and accompanying plans or part thereof. In the event
this land or any part thereof changes ownership before or during construction, the current owner
shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership
and shall forward proof of this notification to the Commission.
5. Additional erosion and sedimentation control measures deemed necessary by the
Commission shall be instituted by the applicant. Any siltation caused onto any wetland or
waterway area shall be promptly reported to the Commission. Such areas shall be restored to the
satisfaction of the Commission.
6. During construction, no debris, fill, or excavated material shall be stockpiled within 100
feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent
sediment from surface runoff entering wetlands.
7. Equipment servicing and overnight equipment storage must be conducted outside the
buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants.
8. *No spill or discharge of petroleum products or other pollutants will occur within 100
feet of any wetland resource area.
9. Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to
the commencement of construction activities. Said notice shall include, in writing,the names(s),
address(es), and business and home telephone numbers of the project supervisor(s) responsible
for insuring that operations are conducted in compliance with this Order.
10. All disturbed soils shall be immediately and similarly re-vegetated upon completion of
construction activities or shall be mulched until the next growing season. Hydroseeding will be
initiated no later than September 15.
11. No project activities will be conducted between December 1 and March 15. Projects
shutting down for the winter will, by December 1, complete slope stabilization sufficient to
prevent erosion or siltation until project activities resume in March.
12. The Order of Conditions including these Special Conditions shall be posted on site.
*ongoing conditions that do not expire upon completion of the project or issuance of a
Certificate of Compliance.
sd\concom\oocV.afayette 419A
310 cNR 10.99
- Der Poe Nm
fro be Pm.i& b?DO)
Porn 3 - . .. . -
ary/ro.n SALEM
Appilam John Brennan
Cosoomiealth -7 Department of
of massachusetts Defense
United States
Notice _of Intent of America
Order the
.Hassachusetts Wetlands 'Protection Act, G.L. c. 131, 540
and
Application for a Department of the Army Permit
Pert I: General Information -
1. Locations street Address_ 419A Lafayette Street, Salem, Massachusetts
Lot Number Map 032, Parcel 386 (assessor's map)
2. Project i Type Repair DescriptionThe applicant proposes to
repair�px�feet of storm damaged seawall.
3. Registry: County_ Essex Current Book 7041 c page 427
Certificate (if Registered Land) n.a.
4. Applicant John W. Brennan Tel.
Address 419 Lafayette Street, Salem, MA 01970 (978)-744-9103
S. Property owner same as above Tel.
Address same as above
6. Representative William H.Kelley Tel. (781)639-4454
Address Tucker's Wharf, Marblehead, MA 01945
7. a. Have the Conservation Commission and the Departments Regional Office each
been sent, by certified mail or hand deliver, 2 copies of completed Notice of
Intent, �with supporting plans and documants7
Yes ;! No ❑ �/
b. Has the fee been submitted? Yes' [ld No ❑
C. Total Filing Fee Submitted
d. City/Tom Share of Filing Fee • 5V state Share of Filing Fee dZ?
(sent to City/torn) (R of fee in excess of s25, sent to DEP)
e. Is a brief statement attached !indicating how the applicant' calculated the
fee? l Yes .. . ❑ No
3-1
Effective 11/20/92
'8. Have all obtainable pormit.a variances and apprn-ala required by lw:al by-law
been obtained?
Yes ❑ NO
Obtained Applied tor: Not Applied For:
ice
9. Is any portion of the site subject to a wetlands gpstrictipn order pursuant
to C.L. c. 131, S40A or G.L. C. 130, 51057 To: U Not6
30. List all plans and supporting documents submitted with this Notice of
Tntent.
Identifying
Number/Letter Title, Date
Exhibit A Locus Plan 1985
1x3;ltit 2 Plans DEP lir. Plan 9-()3-91
Exhibit C Fee schedule 12-15-98
11. check those resource areas within which work is proposed: _
(a) Ud Buffer zone
(b) Inland:
❑
Bank* Land subject to Flooding
❑ Bordering vegetated Wetland* ❑ Bordering
❑ Land Under water Body i Waterway* ❑ Isolated
(c) Coastal:
❑ Land Under the Ocean- ❑ Designated Port Area*
Wcoastal Beach* ❑ coastal Dune
❑ Barrier Beach- ❑ coastal Bank
❑ Rocky Intertidal shore* ❑ salt Harsh•
❑ Land Under salt Pond* ❑ Land containing shellfish*
❑ Fish Run*
*Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction.
See General Instructions for completing Notice of Intent.
.. i
�. 3-2
12. lr the yroje:t within so; imatod habitat which is indicated on the most
recent Estimated Habitat Nap of State-Listed Rare wetlands wildlife (if any)
published by the Natural Heritage and Endangered species Program?
YES [ ] NO ( Date printed on the Estimated Habitat Map
NO MAP AVAILABLE ( � (if any)
If yes, have you sent a copy of the Notice of Intent to the Natural Heritage
and Endangered Species Program via the U.S. Postal Service by certified or
priority mail (or otherwise sent it in a manner that guarantees delivery
within two days) no later than the date of the filing of this Notice of
Intent with the conservation commission and the DEP regional office?
YES ( ] NO
If yes please attach evidence of timely mailing or other delivery to the
Natural Heritage and Endangered Species Program.
Part IIS Site Description
Indicate which of the following information has been provided (on a plan, in
narrative description or calculations) to clearly, completely and accurately
describe existing site conditions.
Identifying
Number/Letter
(of plan, narrative
or calculations)
Natural Featurea
soils
Vegetation
_ Topography
open water bodies(including ponds and lakes)
Flowing water bodies(including streams and rivers)
Public and private surface water and ground water supplies
on or within 100 feet of site
Maximum annual ground water elevations with dates and
location of test
Boundaries of resource areae checked under Part 1, item 11
above
other
B Man-made Features:
Structures (such as buildings, piers, towers and
headwalls)
Drainage and flood control facilities at the mite and
immediately off the site, including culverts and open
channels (with inverts), dams and dikes
Subsurface sewage disposal systema
Underground utilities
3-3
Roadways and parking areas
Pr,,ps*`y hounceriam. 9dga40nLD and rights-of-any
other
Part IIIc work Description
Indicate which of the following information has been provided (on a plan, in
narrative description or calculations) to clearly, completely and accurately
describe work proposed within each of the resource areas checked in Part I,
item 11 above.
Identifying
Number/Letter
(of plan, narrative
or calculations)
Planview and Cross Section of;
Structures(such as buildings, piers, towers and headwalls)
Drainage and flood control facilities, including culverts
and open channels(with inverts) , dams and dikes
subsurface sewage disposal systems L underground utilities
Filling, dredging and excavating, indicating volume and
composition of material
Compensatory storage areas, where required in accordance
with Part III, Section 10.57(4) of the regulations.
wildlife habitat restoration or repiicaticn areas
other
Point Source Discharge
Description of characteristics of discharge from point
source (both closed and open channel) , when point of -
discharge falls within resource area checked under Part I,
item 11 above, as supported by standard engineering
calculations, data and plans, including but not limited to
the followings
1. Delineation of the drainage area contributing to the point of discharge;
2. pre-arid post-development peak run-off from the drainage area, at the point of discharge, for at least
the 10-year and 100-year frequency storm;
3. Pro- and post-deve l opment rate of infiltration contributing to the resource area checked oder Part 1,
Item 11 above;
4. Estimated rater quality characteristics of pre- and post-development run-off at the point of
discharge.
3-4
part IV: Mitigating Merires
t. Clea iv, -v.olate!y •"d arcure'*Iy desert-*, with reference to,supporting plans and calautatlons where
necessary: - ..
(a) All measures and designs proposed to the performance standards set forth under each
resource area specified in Part II or Part. 1.11 of the reputations; or
(b) Ift the presunptlons eat forth under each resource ane rlpeeltid In Part II or part III of the
regutatione do not apply.
r
coastal Resource Area Types Identifying number or
O Inlarid letter of support
COASTAL BANK documents
The Coastal bank is described as the top
of the seawall. Work will be inside the
seawall and will not effect the stability
of the wall or effect the Resource area.
EXHIBIT B
• n
611coastal' Resource Area Type's Identifying number or
❑ Inland letter of support
+ SALT MARSH documents
As a coastal wetland extending to the highest
tide line ( Seawall) and containing Spartinas
this resources will be protected by not using
machinery on the marshibeach area. Also, debris
will be removed at the end of the workday.
EXHIBIT B
]-5
0 coastal Resource Area Type: ' )enti.fyiny number or
❑ Inland letter of support
documents
2. Clearly, completely and accurately describe, with reference to supporting plans and calculations wham
necessary:
(a) sit measures " designs to regulate work within the Buffer Zone so as to ensure that said work
does not alter an ares specified in part I, Section 10.02(1)(0) of these regulations; or
(b) if work in the Buffer Zone will alter such an area, 0ll measures and designs proposed to east
-heperfoner;e standards ost,r,:isheo fcr tf: ad;acenr resource area, specified in vat 11 o-
part III of these regutati crs. '
Coastal Resource Area Type Bordered identifying number or
❑ . Inland By 100-Feet Discretionary Zonet letter of support
documents
BUFFER ZONE
All precautions to prevent environmental
impact will be used. Hay bales, dumpsters
and silt barriers will be utilized where
appropriate.
EXHIBIT B
3-6
c�l�e (�outmouurettlttt of Massachusetts
No. 6118 INTERIM
APPROVAL
ONLY
'�l�erctts,
John W. Brennan
of -- Salem, -- in the County of -- Essex -- and Commonwealth aforesaid,
has applied to the Department of Environmental Protection for Interim
Approval to ----- maintain an existing seawall, stairs and fill -- - - -----
and has submitted plans of the same; and whereas due notice of said
application has been given to the -- Mayor and City Council __ of the
City of -- Salem. ---------------------------------------
NOW, said Department, having fully considered said application, hereby,
authorizes the said -- John W. Brennan, -- subject to the provisions of
310 CMR 9 . 10 , to -- maintain an existing seawall, stairs and fill -- - - ---
in and over the waters of -- Salem Harbor -- in the City of
Salem -- and in accordance with the locations shown and details
indicated on DEP Interim Approval Plan No. 6118 (3 Sheets) , original of
which is on file in the office of said Department .
The structures hereby authorized shall be limited to the following
use (s) : shoreline stabilization for the protection of existing
structures and beach access .
This Interim Approval is valid for 30 years from the date of issuance . If
the affected property is transferred to a new owner, for valuable
consideration, this approval shall expire one year from the date of
--------------------
transfer. ---------------------------------------- ---
This Interim Approval shall be void unless the same is recorded within 60
days from the date hereof, in the Registry of Deeds for the County of
Essex. ------ -- ---- - ----- - - ------ --------- - - ---- - - ----- ---- -
INTERIM
APPROVAL
ONLY
PRINTED ON RECYCLED PAPER
f
Interim Approval No . 6118 Page 2
The project authorized herein has been completed in conformance with the
' accompanying License Plans . The issuance of this License, therefore,
fulfills the Licensee' s obligation to obtain a Certificate of Compliance
pursuant to 310 CMR 9 . 19 .
In accordance with any license condition, easement, or other public right
of lateral passage that exists in the area of the subject property lying
between the high and low water marks, the Licensee shall allow the public
in the exercise of such rights to pass freely around all structures
within such intertidal area.
Accordingly, the Licensee shall place and maintain, in good repair, a
public access sign at each property line adjacent to the mean high water
shoreline . Said signs, provided by the Department, shall be posted
immediately upon receipt . Nothing in this condition shall be construed
as preventing the Licensee from excluding the public from portions of
said structure (s) or property not intended for lateral passage .
- ----------------------- - -- ----------------- - --- - -
Please see page 3 for additional conditions to this License
/interim Approval No . 6118 Page 2
STANDARD INTERIM APPROVAL CONDITIONS
J/ 1. Nothing in this Interim Approval shall be so construed as to impair the legal rights
/J of any person.
2. Any change in use or any structural alteration of any structure or fill authorized
herein shall require the issuance of a Waterways License. Any unauthorized change in use
or unauthorized structural alteration of any structure or fill authorized herein shall
1 render this Interim Approval void.
' 3. This Interim Approval authorizes structure(s) and/or fill on:
X Private Tidelands. In accordance with the public easement that exists by law
on private tidelands, the licensee shall allow the public to use and to pass
freely upon the area of the subject property lying between the high and low
water marks, for the purposes of fishing, fowling, navigation, and the natural
derivatives thereof.
Commonwealth Tidelands. The Licensee shall not restrict the public's right to
use and to pass freely, for any lawful purpose, upon lands lying seaward of the
low water mark. Said lands are held in trust by the Commonwealth for the
benefit of the public.
_ a Great Pond of the Commonwealth. The Licensee shall not restrict the public's
right to use and to pass freely upon lands lying seaward of the high water mark
for any lawful purpose.
No restriction on the exercise' of these public rights shall be imposed
unless otherwise expressly provided in this Interim Approval.
4. Unless otherwise expressly provided by this Interim Approval, 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 discourage the free flow of pedestrian movement thereon.
-------------------------------------------------------------------------
IN WITNESS WHEREAS, said Department of Environmental Protection have
hereunto set their hands this third day of July in
the year nineteen hundred and ninety seven
Section ChiefDepartment of
/' Kp Environmental
Protection
0 this day of T„1y 19,91 before me personally appeared
to me known to be the person described in and who
executed this (Interim Approval and acknowledged that he/she executed the
same as his/her free act and de d. /l
c x"
Notary Publ ' My commission expires on
INTERIM
APPROVAL
ONLY
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COMMONWEALTH OF MASSACHUSETTS RNIE 7 T7, V 1
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIR
A� 19 10,99
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE
SOIE;fYI Plafr.. - -
ARGEO PAUL CELLUCCI ROBERT A.DURAND
Governor
Secretary
JANE SWIFT DAVID B. STRUHS
Lieutenant Governor Commissioner
DEP File # 064-
RE : NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM
DATE: 3-17-99 (city/town)
The Department of Environmental Protection has received a Notice of Intent filed
in accordance with the Wetlands Protection Act (M.G.L. c . 131, §40) :
Applicant : JOHN W. BRENNAN Owner: SAME
Address : 419 LAFAYETTE STREET Address :
SALEM, MA 01970
Project Location: 419A LAFAYETTE STREET.
IF CHECKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT:
A-.±L.Z--This project has. beeri_.,assigned„ the following file
Although'"a"'fi3e"# -is-being--issued, .please. note., the following:
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESSOFSUBMITTAL, NOT
APPROVAL OF APPLICATION
B . (X) No File # will be assigned to this project until the following missing
information is sent to this office, to meet the minimum submittal requirements
in accordance with the Wetlands Protection Regulations at 310 CMR 10 . 00 :
1 . ( ) 1 copy (s) of a completed Notice of Intent (Form 3 or Form 4 of
Sect . 10 . 99, whichever is applicable) and a copy of the Fee
Transmittal Form, with a copy of the check for the State' s share of
the Notice of Intent filing fee .
2 . ( ) 1 copy (s) of plans, calculations, and other documentation necessary
to completely describe the proposed work and mitigating measures to
protect resource areas.
3 . ( ) 1 copy (s) of an 8%o X 11" section of the USGS map of the area.
4 . ( ) 1 copy (s) of plans showing compliance with Title 5 of the State
Environmental Code, 310 CMR 15 . 00 .
5 . - ( ) . Proof that a copy of your Notice of Intent has been mailed or hand
—delivered to the Natural Heritage and Endangered Species Program.
COMMENTS :—REVISE._.QUESTION .12 (THERE IS A MAP AVAILABLE)
- -
_. .
`(-see page-2- for -additional. information) - -----
205a Lowell St• Wilmington,Massachusetts 01887• FAX (978) 661-7615 • Telephone (978) 661-7600 TDD#(978)661-7679 -
C. Other Regulatory Jurisdiction
1 . ( ) Application has been forwarded to Waterways Regulatory Program to
determine if a Chapter 91 License is required.
2 . ( ) Applicant is advised to forward a copy of the Notice of Intent to the
Corps of Engineers for review (call 1-800-362-4367 for information) .
D. 401 Water Quality Certification
The project described in your Notice of Intent requires a 401 Water
Quality Certification from the Department of Environmental Protection and may
require submittal of a 401 application form. See below for further details :
1 . ( ) Based upon the information submitted in and with your Notice of
Intent a separate 401 Water Quality Certification application form is
not required. The Department of Environmental Protection has
reviewed the plans submitted by the applicant and finds that there is
reasonable assurance that the project or activity will be conducted
in a manner that will not violate the Massachusetts Surface Water
Quality Standards, provided that :
a) the applicant receives and complies with a Final Order of
Conditions from the local conservation commission or the
Department ;
b) the Order of Conditions does not cause the loss of more than
5, 000 sq. ft . of bordering vegetated wetlands and land under
water and/or the dredging of more than 100 cubic yards of land
under water;
c) any loss of vegetated wetlands has been mitigated with a minimum
replication of 1 : 1; and
d) the project is not exempt from the M.G.L. c . 131, §40 - the
Wetlands Protection Act; is not part of a subdivision; does not
cause the loss of any wetlands designated as Outstanding
Resource Waters; and does not cause the loss of any salt marsh.
Therefore, provided that the above conditions are satisfied, the
Final Order of Conditions will serve as the Water Quality
Certification for this project . This does not relieve the applicant
of the duty to comply with any other statutes or regulations .
2 . ( ) Before the activity described in the Notice of Intent can commence,
you must obtain a Water Quality Certification from this Regional
Office . Please complete the enclosed 401 Water Quality Certification
application form and file it with this Regional Office for review.
3 . ( ) Your project involves dredging of greater than 100 cubic yards of
material or requires a permit from the Federal Energy Regulatory
Commission for work in "waters of the Commonwealth. " Therefore, your
proposed project is subject to 314 CMR 9 . 00 and requires a Water
Quality Certification. Please complete the enclosed 401 Water
Quality Certification application form and file it with the
Department of Environmental Protection, Waterways Program, One Winter
Street, Boston, MA 02108 . Contact the Division of Waterways Program
at 617-292-5655 if you have any questions .
For more information please contact :DAVE KENNEDY
at (617) 932-7600 .
CC : Conservation Commission ( ) U. S . Army Corps of Engineers
( ) Owner ( ) Coastal Zone Management
( ) DEP - Water Pollution Control (X) Representative :WILLIAM H. KELLEY
( ) DEP - Waterways TUCKER' S WHARF
( ) Other: MARBLEHEAD, MA 01945
2
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIPS
DEPARTMENT OF ENVIRONMENTAL PR�O+TECTION
METROPOLITAN BOSTON-NORTHEAST REGIONAL 01SWOm Planning Dept.
ARGEO PAUL CELLUCCI ROBERT A. DURAND
Governor
Secretary
JANE SWIFT DAVID B. STRUHS
Lieutenant Govemor Commissioner
DEP File # 064- C) 9—3
RE : NOTIFA Iod Q.F-§ETLANDS PROTECTION ACT FILE NUMBER SALEM
DATE : J (city/town)
The Department of Environmental Protection has received a Notice of Intent filed
in accordance with the Wetlands Protection Act (M.G.L. c . 131, §40) :
Applicant : JOHN W. BRENNAN Owner: SAME
Address : 419 LAFAYETTE STREET Address :
SALEM, MA 01970
Project Location: 419A LAFAYETTE STREET.
IF CHECKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT:
A. " This project has been assigned the following file
Although a file # is being issued, please note the following :
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT
APPROVAL OF APPLICATION
B . ( _j No File # will be assigned to this project until the following missing
information is sent to this office, to meet the minimum submittal requirements
in accordance with the Wetlands Protection Regulations at 310 CMR 10 . 00 :
1 . ( ) 1 copy(s) of a completed Notice of Intent (Form 3 or Form 4 of
Sect . 10 . 99, whichever is applicable) and a copy of the Fee
Transmittal Form, with a copy of the check for the State' s share of
the Notice of Intent filing fee .
2 . ( ) 1 copy(s) of plans, calculations, and ether documentation necessary
to completely describe the proposed work and mitigating measures to
protect resource areas .
3 . ( ) 1 copy(s) of an 8'/5" X 11" section of the USGS map of the area .
4 . ( ) 1 copy(s) of plans showing compliance with Title 5 of the State
Environmental Code, 310 CMR 15 . 00 .
5 . ( ) Proof that a copy of your Notice of Intent has been mailed or hand
delivered to the Natural Heri.taqe and Endangered Species Program.
COMMENTS :
- - - (see page 2 for additional information)
205a Lowell St• Wilmington,Massachusetts 01887• FAX (978) 661-7615 • Telephone (978) 661-7600 TDD#(978)661.7679
C.�j_ Other Regulatory Jurisdiction
1 . ( ) Application has been forwarded to Waterways Regulatory Program to
determine if a Chapter 91 License is required.
2 . ( ) Applicant is advised to forward a copy ,of the Notice of Intent to the
Corps of Engineers for review (call 1-800-362-4367 for information) .
D. 401 Water Quality Certification
The project described in your Notice of Intent requires a 401 Water
Quality Certification from the Department of Environmental Protection and may
require submittal of a 401 application form. See below for further details :
1 . ( ) Based upon the information submitted in and with your Notice of
Intent a separate 401 Water Quality Certification application form is
not required. The Department of Environmental Protection has
reviewed the plans submitted by the applicant and finds that there is
reasonable assurance that the project or activity will be conducted
in a manner that will not violate the Massachusetts Surface Water
Quality Standards, provided that :
a) the applicant receives and complies with a Final Order of
Conditions from the local conservation commission or the
Department ;
b) the Order of Conditions does not cause the loss of more than
5, 000 sq.. ft . of bordering vegetated wetlands and land under
water and/or the dredging of more than 100 cubic yards of land
under water;
c) any loss of vegetated wetlands has been mitigated with a minimum
replication of 1 : 1 ; and
d) the project is not exempt from the M.G.L. c . 131, X40 - the
Wetlands Protection Act ; is not part of a subdivision; does not
cause the loss of any wetlands designated as Outstanding
Resource Waters; and does not cause the loss of any salt marsh.
Therefore, provided that the above conditions are satisfied, the
Final Order of Conditions will serve as the Water Quality
Certification for this project . This does not relieve the applicant
of the duty to comply with any other statutes or regulations .
2 . ( ) Before the activity described in the Notice of Intent can commence,
you must obtain a Water Quality Certification from this Regional
Office . Please complete the enclosed 401 Water Quality Certification
application form and file it with this Regional Office for review.
3 . ( ) Your project involves dredging of greater than 100 cubic yards of
material or requires a permit from the Federal Energy Regulatory
Commission for work in "waters of the Commonwealth. " Therefore, your
proposed project is subject to 314 CMR 9 . 00 and requires a Water
Quality Certification. Please complete the enclosed 401 Water
Quality Certification application form and file it with the
Department of Environmental Protection, Waterways Program, One Winter
Street, Boston, MA 02108 . Contact the Division of Waterways Program
at 617-292-5655 if you have any questions .
For more information please contact :DAVE KENNEDY
at (617) 932-7600 .
CC : Conservation Commission ( ) U. S . Army Corps of Engineers
( ) Owner ( ) Coastal Zone Management
( ) DEP - Water Pollution Control (X) Representative :WILLIAM H. KELLEY
( ) DEP - Waterways TUCKER' S WHARF
( ) Other: MARBLEHEAD, MA 01945
2
,`.�%oN Cotj
�i
$ Conserva m commissiom
Salem. Massachusetts 01970
W
'yAS'S���y
City of Salem
Conservation Commission
Will hold a public hearing for a Notice of Intent under the Wetlands Protection Act,
Massachusetts General Laws, Chapter 131, Section 40, at the request of John Brennan. The
purpose of the hearing is to discuss the proposed repair of an existing seawall at 419A Lafayette
Street. This hearing will be held on Thursday, March 11, 1999 at 7:00 p.m. in the second floor
conference room at One Salem Green.
Mark George
Chairman
March 3, 1999
Please send bill to:
John Brennan
419A Lafayette Street
Salem, MA 01970
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419A Lafayette Street, Salem, MA
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419A Lafayette Street, Salem,
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