64-437 - 119 MARLBOROUGH ROAD - CONSERVATION COMMISSION J
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-437
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 Page 7 of this form 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:
119 Marlborough Rd 64-437
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
�&1302 - Flo
Book Page
In accordance with the Order of Conditions issued on:
//-o? 9-45j J
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
w aform .doc• rev.3/1/05 Page 9 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
?� WPA Form 5 - Order of Conditions 64-437
J Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I II II II III I I I II IIIIIIII VIII
l ' A. General Information
2006112100283 Bk;26322 Pg;46
Important: Fro Salem - 11127/200612:27:0,0 OTHER Ps 1/131
When filling 1.Conservation Commission
out forms on
the computer, 2.This issuance is for(check one): a. x Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3.To: Applicant:
move your
cursor-do not Bryan Vazquez
use the return a. First Name b.Last Name c.Company
key. 119 Marlborough Road
d. Mailing Address
Salem MA 01970
e.Citylrown - f.State g.Zip Code
re� 4. Property Owner(if different from applicant):
a. First Name b. Last Name c.Company
d.Mailing Address -
e.City/Town - f.State g.Zip Code
s. Project Location:
119 Marlborough Rd Salem
a.Street Address b.City/Town
Map 9 Lot 0295
c.Assessors Map/Plat Number d. Parcel/Lot Number -
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): 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(if registered land) -
23664 537
c.Book d. Page -
7. Dates: November 6, 2006 - November 16, 2006 November 21, 2006
- a.Date Notice of Intent Filed b. Date Public Hearing Closed C.Date of Issuance
s. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Vazquez Residence
a. Plan Title - -
Hugh J. Collins, Jr. Landscape Designer
b. Prepared By c.Signed and Stamped by
October 26, 2006 1/8" = 1'
d.Final Revision Date e.Scale
I.Additional Plan or Document Title g.Date
wpaform5.doc• rev.3/1105 - Page 1 of 9
�\ COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
ONE WINTER STREET, BOSTON, MA 02108 617-292-5500
MITT ROMNEY STEPHEN R.PRITCHARD
RECEIVED
d�4
Governor �y E C EI N'W9 0 E® Secretary
KERRY HEALEY ROBERT W.GOLLEDGE,Jr.
Lieutenant Governor DEC 0 4 2006
Commissioner
DEPT.OF PLANNING&
COMMUNITY DEVELOPMENT
DEP File# 064-0437
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM
DATE: 11/27/2006 11:24 AM (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: Brian Vazquez Owner:
Address: 119 Marlborough Road Address:
SALEM,MA 01970
LOCUS: 119 Marlborough Road
IF CHECKED,THE FOLLOWING ITEM(S)APPLY TO THIS NOTICE OF INTENT:
A.-(X)-This project has been assigned the following file# : 064-0437
Although a file#is being issued,please note the following:
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. Q 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 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 5,000sq.ft. of bordering
vegetated wetlands and land under water and/or the dredging of more than 100 cubic yards of
land under water;
This information u available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service-1-800-298-2207.
DEP on the World Wide Web: http://v .mass.gov/dep
Printed on Recycled Paper
c) any loss of vegetated wetlands has been mitigated with a minimum replication of 1:1; and is
not part of a subdivision; does not cause the loss of any Wetlands designated as
d) The project is not exempt from the M.G.L. c. 131, §40-the Wetlands Protection Act;
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 form from this Regional Office. Please complete the enclosed 401 Water
Quality Certification application form and file it with this Regional Office for review.
3. Q 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,and One Winter Street,Boston,MA 02108. Contact the Division of Waterways
program at 617-292-5655 if you have and questions.
For more information please contact: Ms. RACHEL FREED @(978)694-3258 or at 978 694-
2224.
Cc:
Conservation Commission: Salem Conservation Commission, City Hall 1 Salem Green
CITY OF SALEM
CONSERVATION COMMISSION
November 21, 2006
Brian Vazquez
119 Marlborough Road
Salem, Massachusetts 01970
Re: Order of Conditions—DEP #64-437
119 Marlborough Rd, Salem, Massachusetts
Dear Mr. Vazquez:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the 10-day appeal period (as of December 5, 2006), this document and the
attached Special Conditions must be recorded at the Essex County Registry of Deeds (36
Federal Street, Salem, MA). 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, this Order must be recorded, a
sign shall be displayed showing DEP File # 64-437 within public view, and 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.
Sing ely,
Carey uques
Conservation Agent/Staff Planner
Enclosures
Cc: DEP Northeast Regional Office
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-437
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: Salem
When filling From: 1.Conservation Commission
out forms on
the computer, 2. This issuance is for(check one): a. a Order of Conditions . b. ❑ Amended Order of Conditions
use only the
tab key to 3. To: Applicant:
move your
cursor-do not Bryan Vazquez
use the return a. First Name b.Last Name c.Company
key. 119 Marlborough Road
d.Mailing Address
"' Salem MA 01970
e.CitylTown f.State g.Zip Code
4. Property Owner (if different from applicant):
a. First Name b.Last Name c.Company
d.Mailing Address
e.City/Town I.State g.Zip Code
5. Project Location:
119 Marlborough Rd Salem
a.Street Address b.City/Town
Map 9 Lot 0295
c.Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e. Latitude I.Longitude
6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel):
Essex
a. County b.Certificate(if registered land)
23664 537
c.Book d. Page
7. Dates: November 6, 2006 November 16, 2006 November 21, 2006
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):
Vazquez Residence
a. Plan Title
Hugh J. Collins Jr. Landscape Designer
b. Prepared By c.Signed and Stamped by
October 26, 2006 1/8" = 1'
d. Final Revision Date- e.Scale
I.Additional Plan or Document Title g.Date
wpaform5.drx• rev.3/1/05 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-437
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
i. 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. f. ® Protection of Wildlife
pp y ❑ Fisheries 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 40 ft
wetland boundary (if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank - a.linearfeet b.linearfeet c.linearfeet d.linear feet
5. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.cu.yd dredged f.cu.yd dredged
w aform5.doc• rev.3/1/05 Page 2 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-437
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. EI Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet In.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. ❑ Rivertront 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 It 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)
1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
if. ❑ Land Under the Ocean a.square feet b.square feet
T cu.yd dredged d.cu.yd 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 nourishmt. d.c/y nourishmt.
14. El Coastal Dunes a.square feet b.square feet c.cly nourishmt. d.cry nourishmt
15. ❑ Coastal Banks a.linear feet b.linear fest
15. ❑ Rocky Intertidal Shores a.square feet b.square feet
17. El Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds asquare feet b.square feet
c.cu.yd dredged d.cu.yd 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.cu.yd dredged b.cu.yd dredged
21. ❑ Land Subject to Coastal
Storm Flowage a.square feet b.square feet
naform5.doc• rev.3/1/05 Page 3 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-437
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, "MA DEP"]
"File Number 64-437 "
w palorm5.doc• rev.3/1/05 Page 4 of9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-437
Massachusetts Wetlands Protection Act M. .L
G . 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 DEP.
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. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more
space for
additional
conditions,
select box to
attach a text
-document
wpaform .da• rev.3/1/05 Page 5 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-437
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
t. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a. Municipal Ordinance or Bylaw b.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.
4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
a. Municipal Ordinance or Bylaw b.Citation
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.
If you need more
space for c. The special conditions relating to municipal ordinance or bylaw are as follows:
additional
conditions, The special conditions attached to this Order of Conditions relate to both the City of Salem's local
select box to ordinance and the Massachusetts Wetlands Protection Act.
attach a text
document ❑
wpaform5.doc• rev.3/1/05 Page 6 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-437
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 4 At Luo
condition pursuant to General Conditions 44, from the date of issuance. 1.Date of issuance
Please indicate the number of members who will sign this form: six (6)
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 Protection Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
Notary Acknowledgement
Commonwealth of Massachusetts County of Essex
On this 16 of November 2006
Day Month Year
Before me, the undersigned Notary Public, K. Cornacchio, J. Furnari, D. Pabich, M. Blier, D.
personally appeared Summer, and A. Hamilton
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 CiTylrown Conservation Commission'
,
f.r
CAREY R.OU LIES
,
COYIMYCo n YfitM101112 B i
hty CmMa10. Exp4ea `
Au1ryW 10,2013 Signature oNotary Public
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
IVej".< li o2 to
Date Date
wpaform5.dw rev.311105 Page 7 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP File Number:
L11 WPA Form 5 — Order of Conditions 64-437
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 DEP 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.
"aforrrr5.Eoc• rev.3/1/05 Pape 8 of 9
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 64-437
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 Page 7 of this form 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:
119 Marlborough Rd 64-437
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex
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
w atorm .dc• rev.3/1/05 Page 9 of 9
Attachment to Order of Conditions # 64-437
Page lof 5
SALEM CONSERVATION COMMISSION
DEP FILE #64-437
119 Marlborough Road
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 installation of a Gunite in-ground pool, approximately 40 feet long, re-grading of the
backyard, per plans submitted to the Conservation Commission on October 26 2006 entitled, Vazquez Residence
119 Marlborough Road Salem, MA Proposed Swimming Pool,removal of 6 trees identified on the aforementioned
plan and planting of 6-8 new trees along the slope as well as 10 shrubs. The proposed and approved work will be
completed in the buffer zone to boarding vegetated wetlands and the impact to the resource area appears to minor.
The applicant agreed to remove the debris and trash located in the vegetated area that abuts his property as well as
the BVW. The Commission agreed that work could commence the fall and winter months under the condition that
if the regarding is to occur before plantings can be installed the slope shall be stabilized with erosion control mats in
addition to the erosion control measures required under this Order of Conditions. If the work is completed during
the spring months the work shall be completed in accordance with this Order of Conditions. Equipment shall also
be stored outside of the buffer zone when not in use so as to have as little of an impact on the resource area as
possible.
GENERAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety(all 5 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#64-437, and not placed on
a living tree.
5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the
date of the issuance of this Order.
Attachment to Order of Conditions # 64-437
Page 2of 5
6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers
to act on its behalf in administering and enforcing this Order.
7. The Commission or its Agent, officers,or employees shall have the right to enter and inspect the property at
any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 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. 21A ss7
and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the
septic system within 100 feet of wetlands shall be submitted to the Commission prior to
construction initiation.
(4) Design Requirements for Construction in Floodplains under the State Building Code (780 CMR
744.).
10. If there are conflicting conditions within this Order,the stricter condition(s) shall rule.
11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and
surface waters during construction or after completion of the project.
12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
13. The Commission reserves the right to impose additional conditions on portions of this project or this site
to mitigate any actual or potential impacts resulting from the work herein permitted.
14. The work shall conform to the following attached plans and special conditions:
Final Approved Plans
Vazquez Residence: 119 Marlborough Rd Salem MA 01970 Proposed Swimming Pool
(Title)
October 26, 2006
(Dated)
Hugh J Collins Jr(completed the plans but is not a registered engineer)
(Signed and Stamped 6y)
Attachment to Order of Conditions # 64-437
Page Sof 5
City of Salem Conservation Commission
(Ors file with)
15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved
plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice
shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the
change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend
this Order of Conditions. A copy of such request shall at the same time be sent to the Department of
Environmental Protection.
16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has
been issued, the applicant or current landowner shall submit to the Commission a statement signed by the
buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of
the Order of Conditions.
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.
EROSION CONTROL
20. 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.
21. 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.
22. 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.
23. The area of construction shall remain in a stable condition at the close of each construction day.
24. 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
Attachment to Order of Conditions # 64-437
Page 4of 5
through hay bale sediment traps, silt filter bags or other means approved by the Commission or its
Administrator.
25. 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.
26. 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
27. 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.
28. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
29. 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.
30. 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.
31. 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.
32. 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.
33. There shall be no pumping of water from wetland resource areas.
34. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other
components shall be fixed immediately.
35. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
36. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance
of enforcement actions by the Conservation Commission including,but not limited to,civil administrative
penalties under M.G.L Chapter 21A, section 16.
AFTER CONSTRUCTION
37. 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).
(2) A letter from a Registered Professional Engineer certifying compliance of the property with this
Order of Conditions.
eq-:1Attachment to Order of Conditions # 64-437
6f Page Sof 5
(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;
38. 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.
39. 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.
40. 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
41. Applicant shall install erosion control mats to stabilize the slope if construction and/or re-grading
commences during the fall and/or winter months in addition to the erosion control measures required
under this Order of Conditions. If the work is completed during the spring months the work shall be
completed in accordance with this Order of Conditions.
v CITY OF SALEM
CONSERVATION COMMISSION
%TTF VTSTT FORM
PROJECT LOCATION: DATE OF SITE VISIT (/
PROJECT PROPONENT: 11 IItrran HR DEP FILE NUMBER: 6 I-�13T
PROPOSED WORK: IASrQJJ , ice. "Ahy�nn� ZOO l . fQ4aIAI�� U_ Ian {-'
. :�{.6
NDA.0�.•J a•. ii��z'" .. 'L ...
INA �. 'n -.-x-;.a...,m� 3n`' '•^ e�,4a.�' iu+, `�..t-�y+°:'
Commissio tiers/Agent: Abutters:
Applicant/}Prrope�rtty�Owner/Representative:
1-'S
ITE'Vi.1
❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation Notice of Intent
❑Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal
_.•>�. �asw �, � ,rte^=
INLAND RESOURCE AREAS jE COASTAL RESOURCE AREAS
EI
❑Bank ❑ Land Subject to Coastal ❑Land Under the Ocean
Storm Flowage
ElBordering Vegetated Wetland
❑ Designated Port Area ❑Coastal Beach
❑Land Subject to Flooding
❑ Coastal Dune ❑Barrier Beach
❑Land Under Water Bodies or Waterway
Name: : ❑ Coastal Bank ❑Rocky Intertidal Shore
�1
❑Riverfront Area If! ❑ Salt Marsh ❑ Land Under Salt Pond
I=
❑Vernal Pools l ❑ Land Containing ❑Anadromous/Cata-
Shellfish dromous Fish Run
i
❑ Bordering Vegetated Wetland in Coastal Area
E
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAX: 978.740.0404 • WWW.SALEM.COM
r.�
BUFFE Z NE�(witfii 100`feet) �
❑Water Body Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach El Coastal Dune
M ESfS,:P_ROSECT.ED." �" n
Protection of Water Supply Protection of Groundwater Supply ❑Flood Control
/Storm Damage Prevention E]Prevention of Pollution Protection of Fisheries
Protection of Wildlife Habitat ElProtection of Land Containing Shellfish
Is this an exempt project:If so,why?
Are resource area boundaries delineated correctly? If not,explain.
5'�E--NISIGnOOCUM�NTA'RONt� 'f"
❑Photos ❑ Site Map ❑Other:
OBS
ERV410N m
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 azeas;
adjacent land uses.
�rcg �ocLxs�ed ihy dti— �i� —1 l�.t ►�t��-c .
RECOMMENDATIgNS: r �:
Nov 03 06 12:11p DPCD 9787400404
,. p2
RIMMER
ENVIRONMENTAL CONSULTING
21 Pine Island Road . Newbury, MA 01951 . Tel 978.463-9226 . Fax 978.463-6716
December 17,2003
ChristopherR.Mello
Eastern Land Survey Associates,Inc.
104 Lowell Street
Peabody,MA 01960
Re: Wetland Delineation and Evaluation
Marlborough Street
Salem,MA
Dear Mr.Mello:
The following is a summary of wetland site investigations conducted at the property located off
Of Marlborough Sheet in Salen,Massachusetts. The purpose of these investigations was to
determine the extent and location of wetland resources subject to jurisdiction under the
Massachusetts Wetlands Protection Act(MGH Ch. 131 s.40)and the City of Salem Wetlands
Ordinance within and immediately adjacent to the project site.
METHODS
The limits of jurisdictional wetland resources were delineated by Rimmer Environmental
Consulting on October 29 and December 16,2003. Wetlands were identified with
numbered sequence of flags in accordance with the procedures established within the
Massachusetts Wetlands Protection Act Regulations(3 10 CMR 10.00)and the
Department of Environmental Protection—Delineating Bordering Vegetated Wetlands
Handbook(1995),as well as the City of Salem Wetlands Ordinance. Wetland vegetative
criteria as well as evidence of wetland hydrology,including hydric soils were used to
delineate the wetland boundary.
SPCE DESCRIPTION
The site consists of two residential lots off of Marlborough Street The rest of the lots
contain a wetland system that borders on the Strongwater Brook. This portion of
Strongwater Brook was determined by the Salem Conservation Commission under a
previous filing for work down stream to be intermittent. The stream becomes perennial
north of the site.
Nov 03 06 12:12p DPCD 9787400404
p.3
Eastern land Survey Associates,Inc.
Re:Marlborough Street-Salem,MA
Page 2 of 2
WETLAND RESOURCES
The following wetland systems are present at the site:
B-Series. Bordering Vegetated Welland
The B-series delineates the boundary of a wedand located in the western most portion of
the two lots. The wetland boundary follows the toe of a steep slope and there is a clear
change in vegetation from the upland to the wetland. The dominant vegetation in the
wetland includes red maple(Acer rubrum)and green ash(Fraxinus pennsy1witica)in the
overstory,and northern arrow-wood(Viburnum dentatum),winterber y(Ilex verde llata)
and multMom rose(Rasa multiflora)in the understory. The dominant vegetation in the
adjacent upland includes black cherry(Prunus serotina),white ash(Fraxinus americana)
and Poplar(Populus deltoides)in the overstory,and black cherry and privet(Ltgnrtrum
sp.)in the understory.
OTHER RESOURCES
There are no certified vernal pools,estimated habitat of rare wetlands wildlife,or priority
habitats of rare species withm the project area,as determined by reference to the
(I lth edition).
Massachusetts Natural Heritage and Endangered Species program,Natural Heritage Atlas
SUMMARY
Any proposed construction or activity at the site within the 100-foot Buffer Zone to
Bordering Vegetated Wetland will be subject to review by the Salem Conservation
Commission under the Massachusetts Wetlands Protection Act and the City of Salem
Wetlands Bylaw.
Please feel free to contact us should you have any questions or require additional
information regarding this project.
Very may,
RDWKERONMtENTAL CONSULTING
Maty Rimmer _
Wetland Scientist
RIMM
ER ENVIRONMENTAL CONSULTING
I
DEP Bordering Vegetated Wetland (310 CMR 10.55) Delineation Field Form g
0
Applicant: Eastern Land Survey Prepared by: REC Project locationmadborouah St.. Salem DEP File M o
rn
Check all that apply: N
❑ Vegetation aloneresumed adequate BV W boundary: fill out section I only
P �Y Y
® Vegetation and other indicators of hydrology used to delineate BV W boundary: fill out sections I and II
❑ Method other than dominance test used(attach additional information) 0
n
0
Section 1. Vegetation: Observation plot Number:Wet Transect number. Date of delineation:12/16/03
A.Sample layer and plant species B. Percent cover C.Percent D. Dominant Plant E. Wetland
(by common name/acientific name) (or basal area) Dominance (yes or no) Indicator
Trees: Category*
Green ash/Frwdnus pennsyNanica 38.0 100 Yes 'FACW
Shrubs:
Northam arrow-wood/Vibumum dontatum 63.0 48 Yes 'FACW
Green ash/Fraxlnus pamsylvaniea 20.5 15 No 'FACW
Mulliflora rose/Rose multiflora 10.5 08 No FACU
Winterberry/Ilex veNcillate 38.0 29 Yes -FACW
m
pg
S
A
Use an asterisk to mark wetland indicator plants-species listed in the Wetlands Protection Act(MGL c. 131,s.40);plants in the genus Sphagnum;plants fisted as FAC,
FAC+,FAG,FACW,FACW+,or OBL;or plants with physiological or morphological adaptations.If any plants are identified as wetland indicator plants due to
Physiological or M"hological adaptations,describe the adaptation next to the asterisk
Vegetation conclusion:
Number of dominant wetland Indicator plants: 3 Number of dominant non-wetland plants: 0 a
Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetlandlants? es ❑ no
lfogeldwdoneIsFmovedaftowIodan"teleo9PwaowdamsaaamaIaBformwuadidRipefrforboarmloodonaf,IppamalllyorNoflreofbrfem MADEP;3/95
Section II. Indicators of Hydrology Z
0
Hydric Soil Interpretation Other Indicators of Hydrology: (check all that apply and describe) W
CD
I. Soil Survey ❑ Site inundated: N
N
®
is there a published soil survey for this site? Yes Depth to free water in observation hole:_WA 4"
Water marks.• �
Title/date: Essex County,Southern Part — o
Map number: 11 ❑ Drift lines:
Soil type mapped: CrD;Chattleld Hollis Rock Outcrop
Hydric soil inclusions: Freetown,Swansea, Ridgebury ❑ Sediment deposits:
Are field observations consistent with soil survey?®yes❑no ❑ Drainage patterns in BVW:
Remarks:
®
2. Soil description Oxidized rhizospheres:
Horizon Depth Matrix Color Mottles Color ❑ Water-stained leaves:
A 0.12 10YR 3/1
B 12.18+ 10YR 7/1 1oYR e/4 ❑ Recorded datastream, lake,or tidal gauge; aerial photo, other):_
❑ Other:
Vegetation and Hydrology Conclusion
Remarks Yes No
au
3. Other Sandy loam to Sandy g
Number of wetland indicator plants ® ❑
>number of non-wetland indicator plants:
Conclusion: Is soil hydric? ®yes ❑no
Wetland hydrology present: ® ❑
Hydric soil present
Other indicators of hydrology present: ® ❑ P,
Sample location is in a BVW ® ❑
DEP Bordering Vegetated Wetland (310 CMR 10.55)Delineation Field Form o
Applicant: Eastern Land SuryPrepared by, REC Project location:Marlborouoh St.. Salem DEP File#: w
ey
0
rn
Check all that apply: N
❑ Vegetation alone presumed adequate BV W boundary: fill out section I only
® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out sections I and 11
❑ Method other than dominance test used(attach additional information) o
n
Section T. Vegetation: Observation plot Number: UDI Transect ntlmber.@gZDate of delineation:l2l16/03 0
A. Sample layer and plant species B. Percent cover C. Percent D.Dominant Plant E.Wetland
(by common name/scientifie name) (or basal area) Dominance (yes or no) Indicator
Trees: Category*
Black cherry/Prunus sero8na 30.0 78 Yes FACU
While ash/Fraxinus americana 10.5 22 Yes FACU
Sapl:
White ash/Fra)inus amedcana 10.5 100 Yes FACU
Shrub:
Japanese knoh"od/Polygonum cuspidatum 10.5 15 No FACU
Privet/Ligustrum sp. 38.0 55 Yes FACU
Nannyberry/vibumum lentago 20.5 30 Yes 'FAC
V
V
Use an asterisk to mark wetlasrd indicator plants:species listed in the Wetlands Protection Act(MGL c. 131,s.40);plants in the genus Sphagnum;plants listed as FAC,
FAC+,FAC-,FACW,FACW+,or OBI,;or plants with physiological or morphological adaptations.If any plants are identified as wetland indicator plants due to
physiological or morphological adaptations,describe the adaptation neat to the asteriak.
Vegetation conclusion:
Number of dominant wetland indicator plants: 1 Number of dominant non-wetland plants; 4
Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants?[I Yes ®no rn
(fvesaaNamAW"IslanaeraladeeuaaetoddiaedeI"BFWboun&rAsubmit tblsfarmwftkMeAVRenfarDneeamaaoaajAppBerblllrysrNulereflan MADEP;3/9S
Section II. Indicators of Hydrology o
Hydric Soil Interpretation Other Indicators of Hydrology: (mac:all that apply,ad describe) o
1. Soil Survey
❑ Site inundated:
w
v
Is there a published soil survey for this site? Yes ❑ Depth to free water in observation hole:_
0
❑ Water merits: o
Titleldate: Essex County,Southern Part
Map number: 11 ❑ Drift lines:
Soil type mapped: CrD,Chatfield Hollis Rock Outcrop
Hydric soil inclusions: Freetown,Swansea, Rldgebury ❑ Sediment deposits:
Are field observations consistent with soil survey?®yes❑no ❑ Drainage pattems in BV W:
Remarks:
2. Soil description ❑ Oxidized rhizospheres:
Horizon Depth Matrix Color Mottles Color ❑ Water-stained leaves:
A 0.12 10YR 514
❑ Recorded data(stream, lake,or tidal gauge; aerial photo,other):_
❑ Other:
Remarks Vegetation and Hydrology Conclusion
Yes No w
3. Other Refusal at 12"
Number of wetland indicator plants ❑
>number of non-wetland indicator plants:
Conclusion: Is soil hydric? E]yes ®no
Wetland hydrology present: ❑
Hydrie sell present
Other Indicators of hydrology present: ❑
Sample location is in a BVW ❑
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 3 - Notice of Intent Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Cityrrown
Important:
When filling out A. General Information
W
forms on the
computer,use 1. Project Location (Note: electronic filers will click on button for GIS locator):
only the tab key �/ / ,� I I O/q 7Q
to move your � 9 /7�(`I�Do IOUO /�l• �"-(e✓�
cursor-do not a.Street Address b.txy/rown c.Zip Code
use the return
key. Latitude and Longitude: d.Latitude e.Longitude
09 oa9s
f.Assessors Map/Plat Number g.Parcel/Lot Number
2. Applicant: l�
101-() VOL-Z C91te L
a.First Name /�J/�J //b.Last Name c.Company
Note: 141a ^I X70
Before d.Mailing Address 0/ten
completing this
form consult `ems f.State 9.Zip Code
your local e.Cityrrown
Conservation %7 -33 S-q 60p 372A-33o,-Osos 6/ieA .Qfoker ro 7C¢5 hr
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.
.' l
a.First Naa b.Last Name c.Company
ir9 /�a.r/1x�ro�h Rd -
tl.Mailing Address /4: O/�O
'SdL le rh /'
e.City/Town f.State 9•Zip Code
97S 3.25- 9600 9n-jW-OSOS J"/t4 pS�o/7lasT fie 7
h.Phone Number i.Fax Number j.Email address
4. Representative(if any):
E � g
� z
, .
o cx�a a.Finn
o z n
N C W
b.Contact Person First Name
c.Contact Person Last Name
mF J arr
CD o
CD t --�~ d.Mailing Address
7
1
0 /Town f.State 9.Zip Code
fl� e.City
0
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/rows Fee Paid
6. General Project Description: II I
ncfo�//or' CYrtyli7i? � orLr1/t �� �iaof fe-9fodrr�v 782 /�/�tova�/
lk4,) - eu olaa.nr j
Page 1 of 7
wpafonn3.doc•rev.3129/05
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection -Wetlands DEP,File Number
WPA Form 3 - Notice of Intent
Document TransactionNumber
LL12
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Cityrrown
A. General Information (continued)
7. Project Type Checklist:
a. ® Single Family Home b. ❑ Residential Subdivision
c. ❑ Limited Project Driveway Crossing d. ❑ CommerciaVindustrial
e. ❑ Dock/Pier I. ❑ Utilities
g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry
I. ❑ Transportation j. ❑ Other
8. Property recorded at the Registry of Deeds for:
Eae� S,37
a.County 0,3 66 b.Page Number
c.Book d.CertificateA
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.0 Yes b. ❑ No
10. Buffer Zone Only-Is the project located only in the Buffer Zone of a bordering vegetated wetland,
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 maybe 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.9 BVW b. ❑ inland bank c. ❑ coastal resource area
The distance between the closest project disturbance and the associated resource area is:
lawn / Yo ft.
.linear to
Page 2 of 7
wpaform3.doc•rev.3/29105
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection - Wetlands DEP He Number
Ll WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
cityrrown
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.
Include Users:
Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any)
document
transaction a. ❑ Bank I. linear feet 2.linear feet
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 El 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 at 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 it
4. Has an alternatives analysis been done and is it attached to this NO[? ❑ Yes❑ No
5.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No
wpafonn3.doc•rev.3/29/05 Page 3 of 7
C
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection -Wetlands DEP File Number
LLI WPA Form 3 - Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
cdy/ro"
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: Resource Area Size of Proposed Alteration Proposed Replacement(if any)
Include your
document
transaction a E] 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
2.Sq ft restoration,rehab.,or creation
h.F1 Salt Marshes 1.Square feet
i. ❑ Land Under Salt Ponds t.square feet
2.Cubic yards dredged
j. ❑ Land Containing
2.
Shellfish 1.Square feet 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
Page 4 of 7
wpaform3.doo•rev.3/29/05
Massachusetts Department of Environmental Protection 11 by DEP:
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 3 - Notice of Intent
DocurnerdTransadionNumber
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
cayrrowa
C. Bordering Vegetated Wetland Delineation Methodology
Check all methods used to delineate the Bordering Vegetated Wetland(BVW) boundary:
Online Users: 1. g Final Order of Resource Area Delineation issued by Conservation Commission or DEP
Include your (attached)
document 2 ❑ DEP BVW Field Data Form (attached)
transaction
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 e ❑ Hydric soil indicators
affecting other
Resource f. ❑ Credible evidence of conditions prior to disturbance
Areas, please
attach a
narrative 5. Other resource areas delineated:
explaining how D. Other Applicable Standards and Requirements
the resource
area was located
delineated. 1 Is any portion of the Estiated Habitat Map of State-L stedsed project Rare etland Wildlife published bn estimated habitat as y 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
Westborough, MA 01581
b.Date of Map
2. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
If yes, include proof of mailing or hand delivery of NOI to:
a.❑ Yes [I No 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)?
If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP
a. ❑ Yes ® No Website for ACEC locations). Note: electronic filers click on Website.
b.ACEC
Page 5 of 7
wpaform1doc-rev.3/29105
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 3 - Notice of Intent
Doarirrerd Trensaetlori Number
LLI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Cdyrrown
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 a ❑ Yes ® No
transaction
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 ® 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
th.err,,following information you submit to the Department.
t. �1 USGS or other map of the area (along with a narrative description, if necessary)containing
/ sufficient information for the Conservation Commission and the Department to locate the site.
(Electronic filers may omit this item.)
2. Plans identifying the location of proposed activities(including activities proposed to serve as
a Bordering Vegetated Wetland(BVWj 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 NOL
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.
a. ❑ Attach NOI Wetland Fee Transmittal Form
9. ❑ Attach Stormwater Management Form, if needed.
Page 6 of 7
wpafoen3.doc•rev.3/29/05
Massachusetts Department of Environmental Protection. Proves°by DEP:
Bureau of Resource Protection - Wetlands DEP.File Number
WPA Forts 3 — Notice of Intent Document TranBaction-Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
cityrt own
F. Fees
The fees for work proposed under each Notice of Intent must be calculated and submitted to the
Conservation Commission and the Department(see Instructions and NOI Welland Fee Transmittal
Form).
No filing fee shall be assessed for projects of any city,town, county, or district of the Commonwealth,
federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts
Bay Transportation Authority.
Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland
Fee Transmittal Form)to confirm fee payment:
i
2-?C /yoy.
1.Municipal Check Number 2.Ch ate
a 9 s ov, a a00
3.
-State Check Number 4.Check data
te2
�t r i-o-✓) VLe,-,,a
5.Payor name on check:First Name 6.Payor name on check:Last Name
G. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
1 further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail
(retISigre
ipt sted)to all abutters within 100 feet of the property line of the project location.
D�� o, acn6
of Date
�r't
of Pro rty owner(d different) Date
Signature of Representative(if any) Date
For Conservation Commission:
Two copies of the completed Notice of intent(Form 3), including supporting plans and documents;
be senses to the
of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee pay mus
Conservation Commission by certified mail or hand delivery.
For DEP: n tans and documents; one copy of
One copy of the completed Notice of intent(Form 3),including supporting g p
pages 1 and 2 of the Not Welland Fee Transmittal Form;and a copy of the state fee payment must be sent to
the DEP Regional Office(see Instructions)by certified mail or hand delivery. (E-filers may submit these
electronically.)
Other:
If the applicant has checked the"yes'box in any part of Section D, Item 3, above, refer to that section and the
Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely
manner may result in dismissal of the Notice of Intent.
Page 7 of 7
wpaforn3.doc•rev.3/29/05
Proposed Swimming Pool
119 Marlborough Rd.
Salem, MA 01970
DaSilva / Vazquez
Residence
October 30, 2006
Preface �q�� — �u✓t5�� ^
We are writi60ir
inform you, our neighbors, in accordance with the Wet Lands
Protection Act of . . . our intent to develop the back yard of 119 Marlborough Rd,
Salem, MA. A formal meeting will be held Nov 16, 2006 at ????/ You are encouraged to
attend and express any concerns you may have. q
Introduction
w
The house which was semi-custom built for us by Paul Dibiase is truly
our dream home. The quality and the craftsmanship used in constructing our
house are paramount to that of other properties we have seen. We both
enjoy living in Salem because of its historic charm and modern convenience.
Not to mention that we are excited to see all the development that is going
on around us. So instead of building a new home we have decided to
undergo the costly process of developing our yard. Our desires are simply to
have an inground pool and some level patio area with landscaping that
mimics the beauty of our neighborhood. As it stands, we do not even have a
level area to put a picnic table on. We have hired Architect Hugh Collins, to
design our backyard on the premises that it will blend into the wooded hills
behind us. The design he came up with was impressive to say the least.
So here it goes. What we are proposing is actually minimal regarding,
with a small stone retaining wall only 21 inches in height. From the
driveway, we are having a custom shed built measuring 8ft x l6ft in the
same color in colonial style as the house. The driveway will be bordered by
curbstone, new shrubs, and a small grassy area. Behind the shed will still
continue to be sloped, with various types of plants that will act as a noise
barrier to the busy road. This new planting bed will be held in place with a
decorative stone retaining wall measuring only 21 inches which will also be
the perfect height for a seating wall. Beneath the wall will be a stamped
concrete pool deck, which will wrap around a custom built gunite pool.
The pool will be cutting edge, using all the lasted gadgets in order to
easily maintain water chemistry. There will be no chlorine needed; instead
we will be using a SWG or Salt Water Generator with a DE filter. This is a
device that looks like an ordinary piece of PVC pipe that is plumped right
before the return line in the pool. It uses electricity and regular old table salt
to generate chlorine from the pool water. This means no more buying
chlorine and having to empty it into the pool. Also it will automatically
"Super Chlorinate" taking the place of liquid shock. We have chosen this
method so there will be no chance of contaminating the wetlands that abut
our property. In fact, everything will be remote controlled. So we never
have to set foot past the pool. The pool will be heated by an electric heat
pump, not requiring gas or liquid propane which pollutes the environment.
All of the pool mechanics will be located away from the wetlands near the
house.
Past the pool will be a natural planted slope. The landscaper will
plant new native plants such as blue berry bushes and swamp maples. The
�y only vegetation that will be removed will be 6 trees that are decaying. These
OL 1 trees are towards the back of the property on the left side, not in the
wetlands. We are concerned that these trees may fall, as one did last year.
We will replace the trees with new healthy native trees.
On the left side of the backyard, before the trees, we will install new
lawn but keep the slope that exists. Around the entire yard will be a new
PVC fence installed to code, with the rear section of fence to be a black
rubber coated chain link fence. Finally a Gazebo will be installed next to the
pool measuring l Oft x 12ft, which will sit on either stone pavers or stamped
concrete. This Gazebo will not be a permanent fixture and will not be
affixed to the property.
We would like to start the process immediately. The first step, after
approval, is to install a Filtrexx sock (similar to a hay bail). Then we will
remove the decaying trees completely from the property and bring in fill to
support the new pool. Next we will have the excavator dig for the pool.
After digging, the pool will be almost complete. At that point we will cover
the pool and stop for the winter. Once the weather warms back above
freezing, the pool will be finished off. The cement company will install a
cement patio around the pool. Regarding of the yard will be completed with
the installation of a small retaining wall. Next the shed will be built and the
fence will go up. Lastly the landscaper will plant new plats, spread mulch,
and install the lawn. We are estimating that at the time of completion we
will about 12 new trees, 40 new shrubs, as well as other flowering plants and
ornamental grasses.
Attached is more information on the products we are using. If anyone
has any questions or concerns about our project please do not hesitate to call
Brian directly at 978-335-9600.
Thank You,
Brian David Vazquez Jimmy DaSilva
Contact Information:
Brian David Vazquez /Jimmy DaSilva
119 Marlborough Rd.
Salem, MA 01970
978-335-9600
Hugh J Collins JR.
Landscape Designer, INC.
225 Main St.
Wenham, MA 01984
978-468-1942
Stephen Zagorski JR. President
Aqua-Craft Gunite Pools, INC.
29 Newbury St.
Peabody, MA 01960
978-535-6000
Brian Stone
Fal-Stone Landscape Management INC.
6 Sylvia Rd
Peabody, MA 01960
978-531-5868
Valerie Sutton
Probark- Filtrexx
237 Central St.
Georgetown, MA 01833
603-382-6860
Salt Water Chlorine Generation-How It Works
PureVnlc: Stall:Just add out(only 3000 pals Por million)
. 1�' "he k Tum on the MuePure
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Step is So Eer,and relaz
gyuaPure is a dosed loop system.There is no need to wri inually add Wemlrals.Onm santleflon takes
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Paw,the wdium hypoclodde changes to sen and is user over and over again
Unique tr!-sereor Sold Titanium plates
dotKu water Row, coated with precious rhari
- temperature,and tordurahJGty and laehgetri
true salinity
aM»wWd�N 4X MVy�eSd.
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Salinity Levels
At 3000 pans per million sellnhy,your pmt water will mister aypmximately hen the salt of a teardrop(sae
O urt below).Even though you can barely two it,you Hill benefit ham the nature lty wflened water whits is
closer to the pH of your skin all eyes.
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Sea Water SALINITY TtarDrop Vpu 'Ire
3S, DApm A"PnM,&Q 5.009ppm fWatWnter
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C 20063andy Pool Products,Inc..
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