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64-282 - 137 MARLBOROUGH ROAD - CONSERVATION COMMISSION 13� Mt��,��,� ,eo ,No,T 64-7�i �� -� F �� Commonwealth of Massachusetts Executive Office of Energy & Environmental Affairs Department of Environmental Protection Northeast Regional Office 205B Lowell Street, Wilmington MA 01887 .978-694-3200 DEVAL L PATRICK RICHARD K.SULLIVAN JR. Governor p �!' Ui �• Secretary N TIMOTHY P.MURRAYt KENNETH L.KIMMELL T Lieutenant Governor �J°j Commissioner �pc•� � v June 27,2013 -�t1�MYN Mary Dyce RE: WETLANDS/Salem 139 Marlborough Road DEP File#064-282 Salem,MA 01970 Lot 1 Marlborough Road Salem,MA 01970 Compliance Initiative Dear Ms.Dyce: The Northeast Regional Office of the Massachusetts Department of Environmental Protection, Wetlands Program(MassDEP), is undertaking a file audit of previously issued Superseding/Final Orders of Conditions(SOC) issued under the Wetlands Protection Act(WPA). An audit of the file referenced above and a review of other public information has revealed that the construction of the single family home and shared driveway authorized by the SOC, appears to have been performed in accordance with the SOC. Therefore,MassDEP is issuing the enclosed Partial Certificate of Compliance(COC) indicating the following: Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order. Please note that pursuant to 310 CMR 10.05(9)(f)of the Regulations,this COC shall be recorded in the Land Court or Registry of Deeds,whichever is appropriate, and certification of recording shall be sent to this office. If you have any questions regarding this matter, please do not hesitate to contact Jill Provencal at 978-694-3250 orjill.provencal@state.ma.us. Sincerely, e \is etdi M.Davis Acting Section Chief Wetlands Program,NERO cc: Salem Conservation Commission, 93 Washington Street, Salem,MA 01970 This information is available in alternate format.Call Michelle Waters-Ekanem,Diversity Director,at 617-292-5751.TDD#1-866-539-7622 or 1-617-574-6868 MassDEP Website:v .mass.gov/dep Printed on Recycled Paper ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 064-282 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Mary Dyce computer, use Name - only the tab key to move 139 Marlborough Road your cursor- Mailing Address do not use the Salem MA 01970 return key. Citylrown State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Joseph Grenier, Strong Brook Realty Trust Name September? 1999 064-282 Dated , -DEP File Number 3. The project site is located at: Lot 1 Marlborough Road Salem Street Address CityrTown Assessors Map/Plate Number Parcel/Lot Number the final Order of Conditions was recorded at the Registry of Deeds for: Property Owner(if different) County Book Page Certificate 4. A site inspection was made on: Date B. Certification Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ® Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed. The project areas or work subject to this partial certification that have been completed and are released from this Order are: Construction of Single Family home with shared driveway wpaform6b.doc DEP Addresses.rev.627/13 Page 7 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP Pile Number: WPA Form 8B — Certificate of Compliance 064-282 Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the following work regulated by the above- referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Heidi Davis Acting Section Chief Wetlands and Waterways Program Department of Environmental Protection Regional Office Date of Issuance This Certificate must be signerheZ Section Chief or his designee and a copy sent to the applicant. Signature: Sec ion Chief wpaform8b.doc•DEP Addresses•rev.6WJ13 Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 064-282 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Massachusetts Department of Environmental Protection Northeast Regional Office (see address information on next page)_ - To: -- ------------------------------ ---------------- ------------------- _NERD 205B Lowell Street Wilmington MA 01887 DEP Regional Office Please be advised that the Certificate of Compliance for the project at: t Project Location DEP File Number Has been recorded at the Registry of Deeds of: County For: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaf0rm6b.doc•'DEP Addresses•rev.6127113 Page 3 of 3 COMMONWEALTH OF MASSACHUSETTS��C�:JVED EXECUTIVE OFFICE OF ENVIRONMENT IA4L`AFFAIRS DEPARTMENT OF ENVIRONMENTAIs,f"TffTf019: 23 Metropolitan Boston - Northeast Regional Office SHL_ PLANNING DEPT. ARGEO PAUL CELLUCCI Governor TRUDY COXE Secretary DAVID B. STRUHS Commissioner September 7, 1999 John R. Keilty RE: WETLANDS/Salem 40 Lowell Street DEP File#64-282 Peabody, MA 01960 Superseding Order of Conditions Strong Brook Realty Trust/Lot l Dear Mr.Keilty: The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Protection has completed its review of the above referenced file in preparation to issuing a SupersedingOrder of Conditions. Pursuant to the provision of the Wetlands Protection Act (the Act), Massachusetts General Laws, Chapter 131, Section 40,the Department is issuing the enclosed Superseding Order of Conditions allowing the project based upon: 1) information and plans submitted;2)information gathered during the site inspection; and 3) conditions the Department has deemed necessary to protect the statutory interests identified in the Act. R The proposed project is for the construction of a single-family dwelling to be located off of Marlborough Road in Salem. This project at Lot 1 will share a common driveway with Lots 1 and 2. Associated work on site includes construction of the driveway, installation of utilities, and site grading. The site is adjacent to Strongwater Brook in Salem and is within the North Coastal Basin. Based upon a review of the project site and information contained in the file to date, the Department has determined that the following Areas Subject to Protection Under the Act are present: 1) Bordering Vegetated Wetland, and 2) Riverfront Area. These Areas are presumed to a protect one or more of the statutory interests identified in the Act and as marked on page 1 of the attached Superseding Order of Conditions. The site of the proposed project has been subject to past permitting activities. A Superseding Order of Conditions was issued by the Department for a 13-lot subdivision on April 3, 1997 (DEP File #64-233). The site was sold before commencement of construction and the new owner filed a Request for Determination to determine jurisdiction under the River's Protection Act regarding Strongwater Brook. In its Determination of Applicability, dated October 1, 1997, the Salem Conservation Commission determined that: 1. That area flowing west from the vicinity of 144 and 146 Marlborough Road to Strongwater Brook is determined to be a resource area,not a river. Printed on Recycled Paper 2 4 2. That reach of Strongwater Brook lying south of the northerly stone bridge is an intermittent stream; and 3. That reach of Strongwater Brook lying uorth of the northerly stone bridge has the characteristics(perennial flow in a defined channel) of a river. Based on this Determination of Applicability, the applicant filed six Notices of Intents for six single-family houses. In Orders of Conditions dated December 16, 1998, the Conservation Commission denied the proposals for Lots 1 and '7. Mese denials were based upon the Commission's belief that the entirety of Strongwater Brook was perennial and thus afforded jurisdictional riverfront area, and furthermore, that the project did not meet performance standards under 310 CMR 10.58. The applicant appealed these denials on January 7, 1999, asserting that Strongwater Brook only became perennial at the northerly stone bridge. The Department held a site inspce ion of June 2, A9, and a follow-up site inspection was conducted on June 30, 1999. Strongwater Brook traverses from south to north across the site. An intermittent stream flows from the southeast and originates from the south of Marlborough Street. It joins Strongwater Brook just downstream of the northerly stone bridge crossing. At the June 20 site inspection, it was observedthat water above the ;northerly stone bridge was, in several places, stagnant and not flowing. There was definite flow downgradient of the bridge. At the`June 30'' site inspection,there was no observable flow upgradient of the stone) bridge. There was ponded water immediately below the bridge,and flow commenced with the confluence of the intermittent stream. There is an approximately two-foot drop in elevation at the stone bridge. At both inspections, breakout of water was observed coming from the rocks underneath the bridge. This drop in elevation, coupled with the nearby confluence with the intermittent stream, combine to form, in the Department's opinion,the point at which Strongwater Brook becomes perennial. It should be noted that the applicant's representative has submitted an affidavit documenting a dry stream observation in August of 1998 which is accompanied by supporting photographs. Dry stream observations were also made by the applicant's representative during August of 1997,but have not been considered in this decision because there may have been drought conditions. There were no drought conditions, as defined by 10.58 (2)(a)l.c, during August, 1997, or during June of 1999. The regulatory language at 10.58(2)(a)l.a.ii. directs the issuing authority to assert that a stream is intermittent if it is observed not flowing (not withstanding drought or withdrawal conditions). Based on the Department observation of no flow upgradient of the stone bridge, the Department is compelled to find Strongwater Brook intermittent upgradient of the stone bridge. Jurisdictional riverfront area extends in a 200-foot semi-circle upgradient from the point of the stone bridge. A checklist developed independently by this writer to assist in making intermittent/ perennial decisions is attached to this cover letter. Application of the checklist results in a mixed stream profile. Perennial characteristics are stronger below the stone bridge and intermittent characteristics are stronger above the bridge. 3 9 The decision that Strongwater Brook is intermittent upgradient of the stone bridge is applicable to this filing only. In the future,the Department may revise its definition of drought, or may adopt either a parameter-based or map-based methodology for making perennial/intermittent determinations. In this event, and should another Notice of Intent be filed for work along Strongwater Brook,then this decision should be reevaluated. Despite the above determination that neither Lot 1 nor 7 is within jurisdictional riverfront area, the Department requested on July 7, 1999, that the applicant move these two houses as far from the brook as possible. Project plans were revised accordingly and building envelopes now extend no closer than fifty feet from the wetland line, and the absolute limit of site clearing or grading is at least thirty feet from the wetland line. Lot 7 is currently a mowed field, so the remainder of field behind the barrier will be allowed to revert to its natural state. It is the Department's opinion that, with the proper mitigating measures, the proposed project should be allowed. The limit of site clearing shall be defined by silt fence or haybales during construction, and post-construction by 3-foot-diameter stones placed at twenty-foot intervals throughout the back of Lots 1 and 7. These rocks may be substituted by a post-and-rail fence along the same line(see Special Condition# 19). The Department.recognizes that.,the Salem Conservation Commission has denied this project under both the Wetlands Protection Act, Ch. 131 s. 40, and the local Salem ordinance.:This : is stated in the local Order of Conditions denying the project. This. Superseding Order of Conditions has no bearing on that by-law decision.and the applicant will need to address the by-law . denial with the City of Salem. It is the Department's position that the enclosed Superseding Order of Conditions approving the project as proposed and conditioned, serves to protect the statutory interests identified in the Wetlands Protection Act, M.G.L., Chapter 131, section 40. However, the Department reserves the right, should there be further proceedings in this case, to raise additional issues and present further evidence as may be appropriate. Should you or any concerned party dispute these findings, your attention is directed to the language at the end of the attached Order specifying the rights and procedures for appeal. Should you have any questions relative to this decision, please contact Ms. Heidi M. Davis at(978)661-7781. ry truly yours, James A. Sprague U Wetlands Section Chief JAS/hmd cc: Conservation Commission, 1 Salem Green, Salem MA 01970 Joseph Grenier, 339 Cabot Street,Beverly MA 01915 John Dick,Hancock Environmental Consultants,235 Newbury Street,Danvers MA 01923 g Stream Finding: Strongwater Brook/Salem 9/1/99 Perennial Intermittent Name/ Strongwater Brook/yes V MA Inventory of Streams USGS Status 1968, 1987 Order 1"(until confluence w/Marlborough St. intermittent stream) Watershed Size 0.39 square miles FEMA/FIRM map shown,but w/o assoc'd floodplain (weak indicator) Other Mapped Sourced DEP-GIS/Resource Map Observations/Affidavits Dry photograph from applicant: 8/11/98 Observed dry by Dep't on 6/30/99 Other Evidence: Downgradient of Bridge: Upgradient of Bridge: banks somewhat defined banks ill-defined silty organics have been silty substrate scoured away;sands& gravels visible braided channel in places g breakout visible beneath bridge water boatmen&freshwater snail observed . Conclusion Perennial downgradient Intermittent upgradient of bridge of bridge 310 CMR 10.99 Form S DEP File No. 64-282 (To be provided by DEP) City/Town Salem - Applicant Strong Brook Rlty. Tr. Superseding Order of Conditions _ Massachusetts Wetlands Protection Act G.L. c.131, §4-0-= From Department of Environmental Protection To Joseph Grenier. Trustee SBRT (Name of Applicant) Address 339 Cabot Street, Beverly, MA 01915 (applicant) To Same (Name of Property Owner) Address (owner) This Order is issued and delivered as follows: F1 by hand.deliveryto applicant or representative on (date) VC by certified mail, return receipt requested on 9/7/99 (date) This project is located at Marlborough Road, Lot 1 The property is recorded at the Registry Book 14446 Page 346 Certificate (if registered) The Notice of Intent for this project was filed on 8/13/98 (date) = The public hearing was closed on 12/10/98 (date) Findings The Department of Environmental Protection has reviewed the above-referenced Notice of Intent and plans andhas held a public hearing on the project. Based on the information available to the Department of Environmental Protection at this time, the Department of Environmental Protection has determined that the area on which the proposedworkis 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 (checkas appropriate) : Pq Public water supply V1 Flood control n Land containing shellfish Pq Private water supply V1 Storm damage prevention. Fisheries . _ Ground water supply Prevention of pollution Protection of wildlife habitat Total Filing Fee Submitted State Share City/Town Share (M, fee in excess of $25) . 4/1/94 310 CMR - 423 .Effective 11/20/92 5-1 Therefore, the Department of Environmental Protection hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those interests checked above. The Department of Environmental Protection orders that all work shall be performed in accordance with said 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. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, sha "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. - 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 forcompletion has been extended to a specifieddate 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. 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, containing 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. No work shall beundertakenuntil 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 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 in 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 information shall be submitted to the Department of Environmental Protection 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, "Massachusetts Department of Environmental Protection, File Number 64-282 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 5-3 11. Upon completion of the work..Kdescribed herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: Plans: I Title: Plan of Land in Salem, MA: Property of Strong Brook Realty Trust Dated: July 20, 1998, and revised July 9, 1999 Signed and Stamped by: Vaclav V. Talacko, P.E. and JohnGilbertDick, R.L.S. of Hancock Survey Associates, Inc. - On File With: DEP and Salem Conservation Commission See attached special conditions numbered 13 - 29. a 5-9B 4 q Page-1- DEP File#64-282 Special Conditions 13. Any change(s)made in the plan referenced in condition 12,which will alter an Area Subject to Protection Under the Wetlands Protection Act, or any change(s) in activity subject to regulation under M.G.L. Chapter 131, Section 40, shall require the applicant to inquire of the Department in writing, whether the change(s) is §ignificant enough to require the filing of a new notice of intent. A copy of said request shall.at the same time be sent to the Salem Conservation Commission. 14. The applicant shall notify the Department and the Salem Conservation Commission in writing,48 hours before any activity commences on site. 15. Members and agents of the Salem Conservation Commission and the Department shall have the right to enter and inspect the premises to evaluate compliance with conditions stated in this Superseding Order. The applicant shall submit any data the Department deems necessary for that evaluation. 16. The.applicant shallimmediately correct any erosion problems that may occur on the site., Any additional erosion and sedimentation controls found to be necessary by the Department or Conservation Commission during construction shall be implemented by the applicant. 17. All disturbed or exposed soil surfaces shall be left in a stable condition at the close of each day. Disturbed and exposed areas shall be stabilized with hay, straw, mulch, or any other protective covering and/or method approved by the Soil Conservation Service. 18. Within 30 days of final grading, all disturbed areas shall be permanently stabilized with rapidly growing cover with sufficient topsoil to assure long-term stabilization of disturbed areas. Where necessary, loam and seeding shall be held in place with jute netting. The owner of record of this property shall indefinitely maintain these areas in a manner which assures permanent stabilization and prevents soil erosion. 19. As shown on the project plans, the limit of site clearing shall be defined by silt fence or haybales during construction, and post-construction, by 3-foot-diameter stones placed at twenty-foot intervals throughout the back of Lots 1 and 7. These rocks may be substituted by a post-and-rail fence along the same line. No activity shall occur either during or post- construction beyond this limit of work line. 20. No equipment shall be operated or stored beyond the limit of work line. 22. Upon stabilization of the site, all erosion controls shall be removed. A Certificate of Compliance will not be issued until controls are removed. 23. The developer or contractor responsible for the projecPs completion shall be notified of, and understand, the requirements of this Superseding Order. A copy of this Order shall be on- site while activities regulated by this Order are being performed. 5 Page -2- DEP File#64-282 Special Conditions 24. If any unforeseen problem occur during construction which affects any of the seven statutory interests of the Wetlands Protection Act, Chapter 131, Section 40, upon discovery, the Department shall notify the applicant, and an immediate meeting shall be held between the Department, the Commission, the applicant, the engineer, contractor, and other concerned parties to determine the corrective measures to be employed. The applicant shall then act to correct the problems using the corrective measures agreed upon. 25. Upon completion of the project, the applicant shall submit with their request for a Certificate of Compliance,an affidavit and an"As-Built Plan" prepared by a Professional Engineer or Land Surveyor registered in the Commonwealth of Massachusetts. The affidavit shall state that the site has developed in accordance with the requirements of this Superseding Order of Conditions and the referenced site plan. Said plan shall note any deviations from the plan referenced in condition#12. :26. This Order shall apply to all successors or assigns in,interest or control andany other party. .. .. . . engaging in activity on the property identified in the Notice of Intent, 27. This Order of Conditions supersedes all prior orders under DEP File#64-282 28. No work shall commence on-site until all appeal periods have elapsed and this Superseding Order of Conditions has been recorded with the registry of deeds and the Department formally notified via the form located at the end of this Order. 29. The attached cover letter is hereby and severally made a part of this decision. FINDINGS PURSUANT TO M.G.L. CHAPTER 30, SECTIONS 61 TO 62H INCLUSIVE (M.E.P.A.) The project as described in the Notice of Intent for DEP File #64-282 is 'categorically exempt" pursuant to the "Implementation of the Massachusetts Environmental Policy Act" as adopted by the Secretary of Environmental Affairs. The project is 'categorically exempt' as the wetlands thresholds established under 301 CMR 11.26 (7)(a)(3) of M.G.L. Chapter 30, Sections 61 to 62H inclusive have not been exceeded. This finding is only applicable to activities proposed for the above-referenced file number before the Department of Environmental Protection, Division of Wetlands. It does not relieve the applicant from complying with additional M.E.P.A. requirements when applying for permits from other applicable departments or agencies. 6 APPEAL RIGHTS AND TIME LIMITS This Superseding Order of Conditions is an action of the Department. If you are aggrieved by this action,you may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within ten(10)days of the date this Order was issued. CONTENTS OF HEARING REQUEST Under 310 CMR 1.01(6)(b), the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. Additionally,the request must state why the Order is not consistent with applicable laws and regulations. FILING FEE AND ADDRESS The hearing request along with a valid check payable to the Commonwealth of Massachusetts in the amount of$100 must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston,MA 02211 The request will be dismissed if the filing fee is not paid,unless the appellant is exempt or granted a waiver as described below. .m EXCEPTIONS The filing fee is not required if the appellant is a city or town (or municipal agency), county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. WAIVER The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. Issued by the Dep rtme t of Enviro nt , rotection Signature a — Ont his 7th_ of September 99 efore me personally appe e James A. Sprague, Wetlands Section Chief to me known tothe person described in and who executed the foregoing instrument and cknowledged that he/she executed the same as his/her freeactand deed. S� c � ss Q1 Not y ublic My comm-Vs=sion Axpires The applicant, the owner, any person aggrieved by the Superseding Order, any owner of land abutting the land upon which the proposed work is to be done, or any ten persons pursuant to G.L. c.30A §10A, are hereby notified of their right to request an adjudicatory hearing pursuant to G.L. c.30A, §10, 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 CMR 10.03 (7) , within ten days from the date of issuance of this Superseding Order, and is addressed to: Docket Clerk, Office of General Counsel, Department of Environmental Protection, One Winter Street, Boston, MA 02108. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission, the applicant, and any other party. A Notice of Claim for an Adjudicatory Hearing shall comply with the Department's. - Rules for Adjudicatory Proceedings. 310 CMR 1.01 (6) , and shall contain the. following information: (a) the DEP Wetlands File Number, name of the applicant and address of the a project. (b) the complete name, . address and telephone number of the party filing the request, and, if represented by counsel, the name and address of the attorney; - (c) the names and addresses of all other parties, if known; (d) a clear and concise statement of (1) the facts which are grounds for the proceedings, (2) the objections to this Superseding Order, including specifically the manner in which it is alleged to be inconsistent with the Department's Wetlands Regulations (310 CMR 10.00) and does not contribute to the protection of the interests identified in the Act, and (3) the relief sought through the adjudicatory hearing, including specifically the changes desired in the Superseding Order; (e) a statement that a copy of the request has been sent to the applicant, the conservation commission and each other party or representative of such party, if known. Failure to submit all necessary information may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing. Detach on dotted line and submit to the Department of Environmental Protection prior to commencement of work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . To Department of Environmental Protection, Issuing Authority. Please be advised that the Order of Conditions for the project at Lot 1, Marlborough Road, Salem , File Number 64-282, has been recorded at the Registry of Deeds, Essex, South District, 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 number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicant 5-5B 310 C`R 10. 533 DEP File Mo. 64-282 (To be provided ?o^ 5 City/TownSalem Applicant• Strong Water Re COVZZ tOM1—al rh of Massachusetts DENIED Order of Conditions Massacruetts Wetlands Protection act G.L. c . 131, §40 .nom Salem Conservation Commission - Issuing put To Joseph Grenier, rrnicree (;RRT mo (Name of Annlicanc) - (Name o- property owner) . Address 339 Cabot St. . Beverly. MA Address 019x15 ,This Order is issued and delivered as follows: . ❑ by hand delivery co appiicanc or representative on ,- ® ny cerci---e_ mail, recur,. _eceznc reiruesced on 12/16/98 (. This project is located ac Marlborough Rd. (Lot 1) The nropercy is recorded at the Reciscry o: Essex, South District Book 14446 ?age ZG6 Cercificace (i[ registered) The Notice o' =..C_nr fcr this projeect. was 'iled on Ano, cr 13 1998 (da The oublic .tett__ _ was closed on December 10, 1998 (da. ?indi:tgs - The Commission - has reviewed the above-referenced Notice of intent a..,d plans are held a public hearing on ;ne project. cased on the inforrucion available to the Commission ti.,, the Commission has determined -hat the area an which the proposed work is to o- dc.- significant crsignificant to the fallowing interests in accordance with the Prestrptions of Significance set .`orlh regulations for each Area Subject to Protection under the Act (theec as appropriate): Public water supply RRR Flood ControlLard containing shellfish Private water sup .t„�` Stora da.-age P. o Fisher ply ies x Ground water supply ((�SJJ Prevention of pollution Protection of Wildlife Mabitat Total Filing Fee S_tni;ced 250 State Share 112. 50 (1/2 fee in excess of S25) City/Town Share 137.50 Total Refund Due S City/sown Portion S State PortiorS (1/2 cotat) (1/2 total) Therefore, the Commission hereby _ands chat the follow-ng condi:_ are necessary, in accord=ant=_ with the Performance standards sec forth _.. regulations, tc•procecc those interests checked above. The COM- Mission orders that all work shall be performed in accordance with said cond--ian: with the Notice o` _ncenc __f___nced above . To the extent thatfolio- conditions modify or di'd_e_ from the plans, srecif-c=_tions or other prOpos submitted with the Notice of _intent, c.._ conditions shall control . General Conditions I . ?ailure to comply with all conditions stated herein, and wic.. all _elz statutes and other regulatory measures, shall be deemed cause to revoi or modify this Order. 2 . The Order does not gran: anv oroperty rights or any exclusive Priv-leg" injury to private property or invasion o' it does not authori__ any private rights . 3 . This Order does not rel--eve t::^.e permittee or any other person of t^..e _ necessity of complying wick all other appl-cabl=_ federal, state o= 'roc. statutes, ordinances, by-laws or regulations . t . The work authorized here'-•icer shall be cc--pieced within three . ears :- the date of this Order .-Mess either of the following apply: (a) the work is a maintenance d=edging project as provided for _.. t.._ Act; or (b) the time for completion has been extended cc a specified dace mor than three years, but less than five years, _rota the date cc issu. and both chat dace and the spec-al circumstances warranting :.._ extended time per_cd are set coreh. in this Order . 5. Th-s Order may be extended by the issuing aur-`Oricv for One Or ore periods of up to three years each upon, application to the issu-ing authority ac least 30 days prior cc the exp-ration date of Order. o . Any ii11 used _n connection with chis project shall bt clean containing no -rash, refuse. rubbish or debris. _ncludiac bur no: . -. cc lumber. bricks, plaster. ware 1a:n, paper, cardboard. pipe. ___es . ashes, _g e.2.0rs, -ocor veh-cies Or parts a- andt the _OreCO L::g 7 . No work shall be unde_rcaken until all admin-scracive appeal _r_ ds f. this Order have elapsed or, if such an aopeal has been. _-1e_, unci'_ a- proceedings before the Department have been compleced. a . No work shall be undertaken untile . -nal order has been - in he Regiscry of Deeds or the LandCourt for the district in _..__.. the land is located, within the chain of -_tle of the affected property. In the case of record=ed land, the Final Order shall also - be noted in the Registry' s Grantor Index u.^.der the name of the owner of the land upon which the proposed work is cc be done . in case of registered land, the 7inal order shall also be noted on :.._ and court Certificate of Title o: the owner of chef land upon whiz.. _.._ proposed work is cc be done. The recording informacin shall be submitted cc the Commission on the form ac the end of this porde- prior cc comm=_acemenc of the work. 9 . A sign shall be displayed at the site_ not less than cwo square teat a- more than three square __et in size bearing the words, "Massachusetts Deoarcme_.n.: of Environmental protection, -le Number F 10 . Where the Department Of protection ifs requ=ested to . aka determination and to iss-uea superseding ordeer. Conse_rvae_en Commission s:^.all be a party to all agency proceed-ngs and ..ear-- ngs be L the Deparzm ..c . r - 11. Upon completion of the work described herein., the annlicant Shall forthwith request in writing that a Certificate of Compliance be issued stating than the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions : Plans: Title Dated Signed and Stamped by: On File with: Plan of Land Strongwater Realty Trust 7/20/9$ Van1 py Talack- r m mesion . ., , Special Conditions (Use additional paper if necessary) Pursuant to 310 CMR 10.5(6)(c), the Salem Conservation Commission voted by a vote of six (6) in favor, zero (0) opposed, that the Commission issue an order denying an Order of Conditions on the grounds that the proposed plan as presented does not satisfy the _. requirements of the Wetlands Protection Act, and our local ordinance, that 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 MGL c.131, Section 40, and therefore issued an Order of Conditions prohibiting the work based also on location of house and site improvements adjacent to a perinial stream, Strongwater Brook, inside inner riparian zone, site visits, USGS and FEMA maps, and Strongwater Brook's riverean characteristics. Refiling fee is hereby waived if applic�eaheuld filea8laticI of Intent for a combined Lot . prior to April 1, 2000. . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-3:. Issued By Salem C s atlon Conservation Commission Si not -- j i,Alt This Order must :De signed by a majority of the Conservation Commission. On this 10th day. of December 1998 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 executed the as his/her free act and deed. - STEPHEN DIBBLE Notary Public MvCommlS5j0T �hpamY.s� OOA Notary lic 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 CMR 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 B on ,19 If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is Signature Applicants b-Yf! COMMONWEALTH OF MASSACHUSETTS EXECUTIVE ' OFFICE OF ENVIRONMENTAL AFFAIRS JV DEPARTMENT OF ENVIRONMENTAL PROTECTION METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE ARGEO PAUL CELLUCCI TRUDY COXE Governor Secretary DAVID B. STRUHS Commissioner DEP File # 64-282 RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER Salem DATE : SEP 2 1998 (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 : Joseph Grenier Owner: Address : Strong Brook Rlty Tr. Address : 339 Cabot St . , Beverly, MA 01915 Project Location: Marlborough Road Lot 1 IF CHECKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT: A. (X) This project has been assigned the following file # : 64-282 Although a file # is being issued, please note the following: Need more information on how applicant determined that this was an intermittent stream. ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT APPROVAL OF APPLICATION B ." 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 . ( ) _ 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 . ( ) _ copy (s) of plans, calculations, and other documentation necessary to completely describe the proposed work and mitigating measures to protect resource areas . 3 . ( ) _ copy(s) of an 8'/," X 11" section of the USGS map of the area . 4 . ( ) _ 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 : (see .page 2 for additional information) 205a Lowell St• Wilmington,Massachusetts 01887 FAX (978) 661-7615 • Telephone (978) 661-76W • 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 , 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 :Jill Provencal at (617) 932-7600 . CC : Conservation Commission ( ) U. S . Army Corps of Engineers ( ) Owner ( ) Coastal Zone Management ( ) DEP - Water Pollution Control (X) Representative :Hancock Environmental ( ) DEP - Waterways 235 Newbury Street ( ) Other: Danvers, MA 01923 2 I HANCOCK Environmental Consultants ❑235 Newbury Street Route One North Danvers,MA 01923 (978)777-3050 (978)352-7590 (978)283-2200 # 6432 -1 (781)662-9659 Fax (978)774-7816 ................. September 10, 1998 ❑Boston,MA02210 et (617)350-7906 Mark George, Chairman Salem Conservation Commission (by hand delivery) RE: Notice of Intent DEP file number 64-282 Dear Sir; I am in receipt of a file number notification for the referenced filing, which requests information relating to the determination that Strongwater Brook is an intermittent stream. Please find attached photographic documentation of a dry streambed observed August 11, 1998. I have visited the site twice since that date, and the streambed remains dry as of this morning. Insofar as the issue has been much debated by the Commission, I have also calculated the watershed of the reach of Strongwater Brook affecting this parcel, and have determined that its area equals 247± acres, approximately 0.39 square miles. This watershed is approximately 13% of the standard of proof required to support a claim that an intermittent stream is a river (ref 310 CMR 10.58: (2) (a) 1.). I wish to stress that the documented observation of August 1997 occurred at a time of drought as defined in the above-cited section, but that this is by no means the case this year. It appears from the testimony of Judge Furnari, the previous owner of the property, that the brook dries up every summer. Thank you for your attention to this matter. Sincerely, A COCK CONSULTANTS Dick, PLSand Scien ' cc: J . P(1dticockc DWIA/6-2p Division of Hancock Survey Associates,Inc. ZX ! if ,st) .—h'r� rte , ` • '1 R tib W.A,.) j�1 _It 'Ri 1 Ike 14, + I a 74 ik rtf'g4 4y.. w1� "011 NL AT iL yds , I _ .,, 5� k e Sl Pend IT e�� a is ..`1 / � ��, f'.% �� ♦ • ;, �, 1; .\ fir:,. 1 1 �I,S � �� V•A�� ,�r( � ice!�N 6 �y�.,�A • • � • • •♦ -�,�'_ y �� — )!lJ i ! � 1. \ :)\\� ` •�` ! i _:� t._:: 1- ,..) /.�' ,�, v i 1' it 6 +e t �4 Lys _..,• • i �• �• cid}� ` �( I i \ • , ``-'� } ,� "�. tom '• = 24'7 At. + '•� '� -\ � � � -- 4� _ 1°►$S V SGS a �1pN Cp�� ?� z Conservatim Commissim � Salem. Massachusetts 01970 yASS. 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 Joseph Grenier, Strong Brook Realty Trust, 339 Cabot Street, Beverly, MA 01915. The purpose of the hearing is to discuss the proposed construction of a single family home with appurtenant driveway, utilities and site grading located at 137 Marlborough Road (Subdivision Lot 41), within the bufferzone to Bordering Vegetated Wetland surrounding Strong Water Brook. This hearing will be held on Thursday, September 10, 1998 at 7:00 p.m. in the second floor conference room at One Salem Green. Mark George Chairman September 3, 1998 Please send bill to: Joseph Grenier, Trustee Strong Brook Realty Trust 339 Cabot Street Beverly, MA 01915 r ` -310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued #6432-1 DEP File no. (To be provided by DEP) Form 3 City/Town Salem Applicant Strong Brook Realty Trust Commonwealth Department of Defense ojMassachuselts United States of America Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and City of Salem Wetland Protection Bylaw and Application for a Department of the Army Permit Part 1: General Information 1. Location Street Address Marlborough Road,Salem #137 Lot Number _Tax map 9,part of parcel 277(subdivision lot 1) 2. Project: Type Residential Description The applicant proposes to build a single family home with appurtenant driveway,utilities and site grading within the buffer zone to bordering vegetated wetlands surrounding Strongwater Brook 3. Registry: County Essex,South Distr. Current Book 14446 &Page 346 Certificate(if Registered Land) N/A 4. Applicant Joseph Grenier,trustee,Strong Brook Realty Trust Tel. (978)927-4878 Address 339 Cabot Street,Beverly MA 01915 5. Property Owner Joseph Grenier,tr.,Strong Brook Realty Tr. Tel. (978)9274878 Address 339 Cabot Street,Beverly MA 01915 6. Representative Hancock Environmental Consultants Tel. (978)777-3050 Address 235 Newbury Street,Danvers MA 01923 - 7. (a). Have the Conservation Commission and the Department's Regional Office each been sent, by certified mail or hand delivery,2 copies of completed Notice of Intent,with supporting plans and documents? Yes® No❑ (b). Has the fee been submitted? Yes® No❑ (c). Total Filing Fee Submitted? $250.00 (d). City/Town share of Filing Fee $ 137.50 State Share of Filing Fee $ 112.50 (sent to cityfrown) (1/2 of fee in exwss of$25,send to DEP) (e). Is a brief statement attached indicating how the applicant calculated the fee? Yes® No❑ 310 CMR-411 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued #6432-1 8. Have all obtainable permits,variances and approvals required by local by-law been obtained? Yes❑ No Obtained: Applied For: Not Applied For: ZBA Special Permit Planning Bd. Spec,Permit 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L. c. 130, §1057 Yes❑ No 10. List all plans and supporting documents submitted with this Notice of Intent. Identifying Number/Letter Title/Date A Permit Site Plan B Locus Map(Salem 7.5x15 min.,1985) C 1-3 Abutter list,Abutter Notification Affidavit of Service D 1,2 Fee Calculation sheet and statement E 1,2 Stormwater Management Form 11. Check those resource areas within which work is proposed: (a). ® Buffer Zone (b). Inland: Land Subject to Flooding ❑ Bank* ❑Bordering ❑ Bordering Vegetated Wetland* ❑ Isolated ❑Land Under Water Body&Waterway* (c). Coastal ❑Land Under the Ocean* ❑Designated Port Area* ❑Barrier Beach* ❑ Coastal Dune ❑Rocky Intertidal Shore* ❑ Coastal Bank ❑ Land Under Salt Pond* ❑ Salt Marsh* ❑ Fish Run* ❑Land Containing Shellfish* *Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for Completing Notice of Intent. 310 CMR-412 310 CMR DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued #6432-1 12. Is the project within estimated habitat which is indicated on the most recent Estimated Habitat Map 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(if any) 1997(Salem(>uad) No Map Available❑ 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 H: Site Description Indicate which of the following information has been provided(on a plan, in narrative description or calculations) to clearly and accurately describe existing site conditions. Identifying Number/Letter (of plan, narrative or calculations) Natural Features Soils A Vegetation A Topography Open water bodies(including ponds and takes) A Flowing water bodies(including streams and rivers) Public and private surface water and ground water supplies on or within N/A 100 feet of site Maximum annual ground water elevations with dates and location of test A Boundaries of resource areas checked under Part 1, Item It above Other Man-made Features A Structures(such as buildings,piers,towers and headwalls) Drainage and flood control facilities at the site and immediately off the site, A including culverts and open channels(with inverts),dams and dikes. N/A Subsurface sewage disposal systems A Property boundaries,easements and rights-of-way Other 310 CMR-413 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued #6432-1 Part III: Work Descriptions Indicated 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 II above. Identifying Number/Letter (of plan, narrative or calculations) Planview and Cross Section of A Structures(such as buildings,piers,towers and headwall) Drainage and flood control facilities, including culverts and open channels N/A (with inverts),dams and dikes N/A Subsurface sewage disposal systems&underground utilities Filing, dredging and excavating, indicating volume and composition of N/A material Compensatory storage areas, where required in accordance with Part III, N/A 1057(4)ofthe regulations N/A Wildlife habitat restoration or replication areas Other Point Source Discharee 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 N/A calculations,data and plans,including but not limited to the following: 1. Delineation of the drainage area contributing to the point of discharge; 2. Pre-and post-development peak nmoff from the drainage area, at the point of discharge, for at least the 10- year and 100-year frequency storm; 3. Pre-and post-development rate of infiltration contributing to the resource area checked under Part 1, item I 1 above; 4. Estimated water quality characteristics or pre-and post-development runoff at the point of discharge 310 CMR-414 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued #6432-1 Part IV: Mitigating Measures 1. Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a). All measures and designs proposed to meet the performance standards set forth under each resource area specified in Part II or Part III of the regulations;or (b). Why the presumptions set forth under each resource area specified in Part II or Part III of the regulations do not apply. ❑ Coastal Resource Area Type: Identifying number or ® Inland NONE letter of su rt documents No work is proposed within wetland resource areas A ❑ Coastal Resource Area Type: Identifying number or ❑ Inland letter of support documents 310 CMR-415 10.99: continued 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION #6432-1 ❑ Coastal Resource Area Type: Identifying number or ❑ Inland letter of support documents 2. Clearly, completely and accurately describe, with reference to supporting plans and calculations where necessary: (a). All measures and designs to regulate work within the Buffer Zone so as to ensure that said work does not alter an area specified in Part 1, Section 10.02(1)(a)of these regulations;or (b). If work in the Buffer Zone will alter such an area, all measures and designs proposed to meet the performance standards establishes for the adjacent resource area, specified in Part II or Part III of these regulations. ❑ Coastal Resource Area Type: Identifying number or ® Inland By 100-Feet Discretionary Zone: letter of so rt documents A staked silt fence will be placed at the limit ofproposed grading,to remain in A place and in function until its removal is approved by the Commission or its agent. The silt fence shall def ne the limit of work within the buffer zone. All regraded or otherwise disturbed surfaces shall be stabilized by pavement vegetation or mulch before removal of the silt fence. 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued Nd432-1 Part V: Additional Information for a Department of the Army Permit 1. COE Application No. (to be provided by COE) 2. (Name of Waterway) 3. Names and addresses of property owners adjoining your property: 4. Document other project alternatives (i.e. other locations and/or construction methods, particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands). 5. 8 1/2" x 11" Drawings in ptanview and cross-section, showing the resource area and the proposed activity within the resource area. Drawings must be to scale and should clear enough for photocopying. Certification is required from the Division of Water Pollution Control before the Federal Permit can be issued, Certification may be obtained by contacting the Division of Water Pollution Control, 1 Winter Street, Boston, Massachusetts,02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program,the applicant certifies that his proposed activity complies with and will be conducted in a manner that is consistent with the approved program. Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice. Disclosure of this information is voluntary; however, if necessary information is not provided,the application cannot be processed nor can a permit be issued. I hereby certify under the pains and 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. S' a of Apphcan Date ignature of Appli is ntative Date Form "Exception to ENG Form 4345 approved by HQUSACE,6 May 1982" NED 190(Test) 6 MAY 82 This document contains ajoim Department of the Army and slate of Massachusetts application for a permit to obtain permission to perform activities in United states waters.The Office of Management and Budget(OMB)has approved those questions required by the US Amy Cops of Engineers.OMB Number 072-0036 and expiration date of 30 Septemba 1983 applies".T16 statement will be set in 6 point type. 310 CMR-417 96432 Exhibit B Locus Map Source. USGS Salem quad 7.5x15 minute, 1988 -:eA F.. E �011 Co., ------——- ---- el 7� edh. wi, 0 U-1 A "A GOIJ CO,,, H N7 SCALE: 1:25,000 N KILOMETIRS i MIRES I #6432 Exhibit C-1 Abutter List 9 274 Joseph&Marianne Furnari 123 Marlborough Road Salem, MA 01970 9 273 Anthony&Karlyne Furnari 125 Marlborough Road Salem,MA 01970 9 270 Joseph&Julie Sirois 39 ' p 9 Cabot Street Beverly MA 01915 , 9 20/21/20 Jermyn Realty Trust 146 Marlborough Road Salem MA 01970 9 j 23 Rocco&June Solimeno 138 Marlborough Road Salem,MA 01970 9 24 Edward Bobrek 134 Marlborough Road Salem,MA 01970 _ _ __.. 9 25 James&Sharon Lowell 128 Marlborough Road Salem,MA 01970 9 148 l Joseph&Ann Marie Fra_tangel_o 144 Marlborough Road ; Salem MA 019.70 9 19 Felicia Weaver 150 Marlborough Road Salem,MA 01 970 # 6432-1 Exhibit C-2 Notification to Abutters Under the Massachusetts Wetlands Protection Act In accordance with the second paragraph of the Massachusetts General Laws Chapter 131, Section 40, you are hereby notified of the following. A. The name of the applicant is Joseph Grenier,Trustee,Strong Brook Realty Trust B. The applicant has filed a Notice of Intent with the Conservation Commission for the Municipality Salem seeking to remove,fill,dredge or alter an Area Subject to Protection Under the Wetlands Protection Act(General Laws Chapter 131, Section 40). Activities Proposed: C. The Address of the Lot where the activity is proposed is # 137 Marlborough Road,Salem Tax Map 9,parcel 276 (subdivision lot 1) D. Copies of the Notice of Intent may be examined at Hancock Environmental Consultants between the hours of 9 AM and 4 PM on the following days of the week: M—F For more information,call: 978 777-3050 Check one: This is the applicant representative ,or other ❑(specify): Name of Representative: Hancock Environmental Consultants-John Dick,Wetland Scientist E. Copies of the Notice of Intent ma obtained from either(check one)the applicant ❑,or the applicant's representative by calling this telephone (978)-777-3050 number between the hours of 9 AM and 4 PM on the following days of the week: M—F F. Information regarding the date,time,and place of the public hearing may be obtained from: Salem Conservation Commission by calling this telephone number (978)745 9595 between the hours of 9AM and 4PM on the following days of the week: M-F before noon Frida Check one:This is the applicant L, representative or other ' (specify): Salem Conservation Commission NOTE: Notice of the public hearing,including its date, time and place,will be published at least five (5)days in advance in the Salem Evening News (name of newspaper) NOTE: Notice of the public hearing, including its date, time and place,will be posted in the City or Town Hall not less than forty-eight(48)hours in advance. NOTE: You also may contact your local Conservation Commission or the nearest Department of Environmental Protection Regional Office for more information about this application or the Wetlands Protection Act. To contact DEP.call: Central Region: 508-792-7650 Northeast Region: 978-661-7600 Southeast Region: 508-946-2800 Western Region: 413-784-1100 #6432-1 Exhibit C-3 Affidavit of Service Under the Massachusetts Wetlands Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I, John ick hereby certify under the pains and penalties of perjury that on I gave notification to abutters in compliance with the second paragr h o Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter Notification dated April 8, 1994, in connection with the following matter: A Notice of Intent filed under the Massachusetts Wetlands Protection Act by Joseph Grenier, with the Salem Conservation trustee, Strong Brook Realty Trust Commission on for property located at # 137 Marlboro4gh Aoad, Salem Tax Map 9, lot 276 (subdivision lot 1) The form of the notification, and a list of the abutters to whom it was given and their addresses are attached to this Affidavit of Service. e Date # 6432-1 Exhibit D-1 Wetlands Filing Fee Calculation Worksheet For Notices of Intent Filed under the Massachusetts Wetlands Protection Act(G.L. Ch. 131, Sec. 40)• Category 1 $55 Per Activity $ # b. Construction of Each Building within Commercial, a Existing House/Residenual Lot(addition,deck,garage,pool, industrial, Institutional, or Apartment/Condo/Townhouse shed or driveway) Development (including: site preparation, retentiord deten- tion basins, septic systems, parking lots, utilities, point source discharges, package sewage, treatment plants, road- b. Site Preparation (each Single Family House (SFH) lot; ways/driveways-except under 10.53(3¢)if under single NOD) removal of vegetation, excavation grading where house construction is not proposed under same NOD) C Each Roadway/Driveway Crossing(if not reviewable under a Control of Nuisance Vegetation (removal, hefiiddes, etc.; 10.53(3c)or associated with SFH) per lot under 10.53(4)) d. Hazardous Waste Cleanup(except as in Cat 4) d. Resource Area Improvement (under 10.53(4); other than ES removal of aquatic nuisance vegetation) TOTAL CATEGORY 3 ACTIVITI �� e. Septic Syxtem (or any part thereof, construction, replace- Category 4 $725 Per Activity ment,upgrade) a Each Roadway/Driveway Crossing (under 10.53(3e) C Monitoring Wells(installation activities except access road) associated with conanhercial, industrial, institutional g New Agricultural or Aquacuhural Projects development or residential subdivision construction) TOTAL CATEGORY I ACTTVIT'IES b. Flood Control Structures(construction repair,maintenance) c. Landfills(public&private);creation,maintenance,operation) Category 2 $250 Per Acth ity a. Construction of Each New SFH treed site d. Sand and Gavel Operations (creation, maintenance, ( i� operation) PmParution, retention/detention basins, utWtles, septic systems, roadway/ driveway except under 10.53(3¢); $250 1 e. Railroad Lines(new or extensions of existing) under single NOD) f. Bridges(construction,reconstruction expansion,maintenance; b. Parking Lot(arty size) except fm a SFH Lot) c. Beach Nourishment(placement of sand) g. Alteration of Resource Area to Divert Water(associated with d Coastal Activities to 10.2 Tao unclud hazardous waste cleanup, non-exempt mosquito control (pun°ant 4( ) ( mg projects, other purpose not identified elsewhere in this electric generating facilities,public utilities,limited projects schedule) e.g.: repair/ maintenance of existing piers, buildings, culverts)) h. Dredging Activities in Water Bodies(except associated with C. Limited Project Activities(in]0.53(d and f-I);per footpnew dock,pier or other structure) rihrt) ' i. Package Sewage Treatment Plant (construction; discharge f Each Driveway Crossing(associated with a SFH pursuant to from) _ 10.53(3e)) & Any Point Source Discharge TOTAL CATEGORY 4 ACTIVITIES It Control of Nuisance Vegetation(under 10.53(4);except on a Category 5 S211inear ft. ($50min.,$1000max) SFH Lot) i. Raisin Lowering Surface Water Levels a. Docks, Piens, Revetments, Dikes or Other Engineering B or B Structures (construction, reconstruction, repair, or replacement;coastal or inland;including placement of rip-rap J. Any Other Activity not described in Cat 1,3,4 and 5 or other material) TOTAL CATEGORY 2 ACTIVITIES TOTAL CATEGORY 5 ACTIVITIES Category 3 $525 Per Activity TOTAL FQ ING FEE $250.00 a Site Preparation for Development (except SFH; including removal of vegetation, excavation & grading when actual Person Calculating Fee Schedule John Dick construction not proposed under same NOP Address 235 Newbury St vers MA 01923 Telepho 978 777 Signature Date 10!7/98 Categories as in 310 CMR 10.03(7)(c);Fees as in 801 CMR 4.02 Pr Fps tl 6y tl,a Maenachveatte Aneociation of Corunrvetion Com iaeione. Revised 10/1/93 # 6432-1 Exhibit D-2 Filing Fee Statement Strong Brook Realty Trust (Grenier) #137 Marlboro Road, Salem Tax map 9 parcel 276 The applicant proposes to build a single family dwelling with appurtenant driveway, utility services and yard grading within the buffer zone to ordering vegetated wetland. These activities fall within category 2a. of the attached fee schedule(Exhibit D-1). Total fees for this filing thus equal $ 250.00 ($ 137.50 to the City of Salem; $ 112.50 to the Commonwealth). #6432-1 NOTICE OF INTENT FEE TRANSMITTAL FORM DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF WETLANDS AND WATERWAYS Notice of Intent(NOD Applicant Property Owner Name Strong Brook Realty Trust Name Strong Brook Realty Trust Joseph Grenier,Trustee Joseph Grenier,Trustee Street 339 Cabot Street Street 339 Cabot Street City/Town Beverly City/town Beverly State MA Zip Cale 01915 State MA Zip Code 01915 Phone Number (978)9274878 Project Location: Street/Lot Number # 137 Marlboro Road Tax Map 9,lot 276 City/Town Salem DEP File Number(if available) NOI Filing Fee Disputed Fee Total NOI Filing Fee $250.00 Total Disputed Fee (as determined in Notice of Insufficient Fee letter from conservation commission) State Share of Filing Fee $ 112.50 (1/2 of fee in excess of$25.00) City/Town Share of Filing Fee $ 137,50 State Share of Filing Fee (1/2oftotal disputed fee) City/Town Share of Filing Fee (1/2 of total disputed fee) Instructions 1. Send this Fee Transmittal Fort with a check or money order,payable to the Commonwealth of Massachusetts, to the DEP Lock Box at: Department of Environmental Protection Box 4062 Boston,MA 02211 2. Attach a Copy of this form to the Notice of Intent submitted to the local Conservation Commission. 3. Attach a copy of this forth and a copy of the DEP check to each of the Notice of Intent forms submitted to the DEP regional office. 12/10/69 N 6234-1 Exhibit E Stormwater Management Form This form is intended to ensure that proposed stormwater control designs meet the stormwater management standards described in the Department of Environmental Protection's Stormwater Management Policy(November 1996). The Department of Environmental Protection(DEP)recommends that applicants submit this form with the Notice oflntent, as well as supporting documentation and plans, to provide stormwater information for conservation commission review. Ifa Particular stormwater management standard cannot be met, information should be provided to demonstrate how adequate water quality and water quantity protection will be provided by the project. DEP encourages engineers to use this form to certify that the project meets the stormwater management standards as well as acceptable engineering standards. This form should be completed by checking the appropriate boxes for each standard and by signing and stamping the back of this form. Pgoject Location: # 137 Marlborough Road, Salem The proposed project is(circle one)exempt from one or more of the stormwater management standards. If project is exempt, explain why: No collection and/or discharge of stormwater is proposed Stormwater runoff volumes to be treated for water quality are based on the following calculations: (check one that applies) ❑ 1 inch of nmoff x total impervious area of post-development site for critical areas(e.g. Outstanding Resource 1 Waters and shellfish growing areas) �JJ 0.5 inches of runoff x total impervious area of post-development site for other resource areas Roof and driveway runoff is not expected to require treatment structures. Overland flow through lawn is proposed Standard #1: Untreated stormwater See plan Exhibit A The project is designed so that new stormwater conveyances(outfalls/disciFuges)do not discharge untreated stormwater into,or cause erosion to, wetlands or waters. No new stormwater conveyances are proposed Standard #2: Post-development peak discharge rates See plan Exhibit A ❑ Post-development peak discharge rates do not exceed pre-development rates on the site either at the point of discharge or downgradient property boundary. ❑ N/A:project site contains waters subject to tidal action, so standard is not applicable. ❑ Stormwater controls have been designed for the 2-year and 10-year, 24-hour storms. The project's stormwater design will not increase Flooding impacts offsite from the 100-year,24-hour storm. No calculations are provided. The minimal roof and driveway runoff is not expected to increase off-site flood impacts. Standard #3: Recharge to groundwater See plan Exhibit A ❑ The annual groundwater recharge for the post-construction site approximates annual recharge from existing site J conditions. L✓J Soil types have been identified according to either the U.S.Natural Resources Conservation Service(MRCS)County Soils Survey or onsite soil evaluation. Calculations on stormwater flow are based on a sal hydrologic group of D and total impervious area (waived) (square feet). The annual groundwater recharge for the post-construction site approximates annual recharge from existing site conditions. (Annual recharge calculations are waived for sites with D group soils.) ❑ Soil types at each planned point of stormwater runoff infiltration include: ❑ Infiltration Best Management Practices(BMP's)used for this project include: Sjatndard #4: 80% TSS removal See plan Exhibit A [� The proposed stormwater management systems will remove 80%of the post-developmeut site's average annual load of Total Suspended Solids(TSS). Infiltration Best Management Practices(BMP's)used for this project include: Runoff from shingled residential roofs requires no treatment. Drive runoff is not expected to be a source of significant TSS loads. However,'treatment is proposed by means of overland flow through lawn. This vegetated treatment is expected to achieve a 60-80%TSS removal. Page 2 # 6432-1— Exhibit E Standard #5: Higher potential pollutant loads See plan Exhibit A The project site does not(circle one)contain Land Uses with Higher Potential Pollutant Loads. If site contains such land uses,describe: ❑ If applicable,BNIP's selected for controlling stormwater to these areas are designed to prevent infiltration of untreated stormwater and include: Standard#6: Protection of critical areas See plan Exhibit A The project site does not(circle one)contain critical areas with sensitive resources. If site contains critical areas,describe: ❑ If applicable,BNIP's selected for stormwater discharges in these areas include: Standard #7: Redevelopment projects See plan Exhibit A The proposed activity is not(circle one)a redevelopment project. Note: Components of redevelopment projects which plan to develop previously undeveloped sites do not fall under the scope of Standard 7. ❑ If the-project is a redevelopment project,the following stormwater management standards have been met: ❑ The standards which have not been met include: ❑ The proposed project will reduce the annual pollutant load on the site with new or expanded stormwater controls. Standard #8: Erosion/sediment control See plan Exhibit A Erosion and sediment controls are incorporated into the project design to prevent erosion,control sediment movement,and stabilize exposed soils. Stkndard #9: Operation/maintenance plan See plan Exhibit A The project consists of a single-family residence and appurtenant site grading,driveway and utility const6ction. Operation and maintenance in this instance consist of usual"and normal yardwork as may be however conditioned by the Conservation Commission. -------------------------------------- I attest under the penalties of petjury that I have personally examined and am `T ofA' familiar with the information contained in this submittal, including any and all trs documents, accompanying this certification statement; and that I am fully A t^ authorized to make this attestation on behalf of the project applicant 4026 Print Name (Stam ature) Date e�a4-9..v 78 00303462 ^ 381 JOSEPH H. GRENIER 53-7214/2,13 KERRI A. GRENIER 339 CABOT ST. DATE i �EVERLY, MA 01915 ,OI TO THE OR oa of �D S s _ IARS� .. w" $ fbQn),C—,y--7T-- eAy perollve DO MEMO ! 211372145! 4 00307 2 0381 JOSEPH H. GRENIER 53-7214/2113 376 j KERRI A. GRENIER 003047828 PH. 508-927-4878 339 CABOT ST. DATE BEVERLY, MA MA 019155 '<3I'AYTO THE ORDER OF w ?�OLLARSB � bPver w pt MEMO rotly. MEMO 7 1211372i45l. 003047 03 F3 0 -- TES: - �oFq�o sq4� oy. 1) THIS PLAN HAS BEEN PREPARED TO ACCOMPANY AN LOCUS APPLICA77ON FOR A SPECIAL PERMIT FOR LOTS 1, 2 & 7. 2) STA TUS OF AREA OF AD VERSE POSSESSION CLAIM IS S�TR•0 >A TER BROOK UNKNOWN. THIS PLAN IS NOT INTENDED TO ADDRESS 5 PLAN 47 THIS CLAIM. e00K 32 TSTAKE & ACK () �o�aJ Q J�oo, o ROAD MERIDIAN FROM PIAN 1125.86 'i 0.07' J h DETAIL o QOv o Q DiBIASE SALEM REALTY TRUST N TS. �m�Z� y ELIO DIB/ASE & UGO DiB/ASE, TRUSTEES LOCUS MAP SCALE 1" = 1000' D.H.(FD) HELD _ N 1856 52 E _ - 1125.86 STAKE & 'r i� rO9 vo TACK (FD) l W 467.51 AREA CLAIUED BYF(/RNAR/ 9�\ T` , o0, `'�'/' N N 2 45 / AND�N pELEO AS AREA OF ADVERSE P n d F LAN RECORDED /N p OBSESS/ON CIAIM t ^_._ ...��' ✓ Sr Oy oo& A. ' \ (A,4EA_230t AcB00K 242, PLAN 71 N 32�PLAN�R/`/AR/ 128. 18 -- ' ) NO FLOW OBSERI/ED J 44,864 �S Z4J �J/q�- �� SEPTEMBER 1997 D/BIAS£ CORPORA TION APPI'OX/MATE ZO � S 6622 46" E (NOT/NCLU0O322 -bAc �. O -�� NC AR ��' —� LIMIT OF OBSERVED ,p � NE L/NF 21.00' \.. _ EA AD MFRS _ POSSESS/ON�� ) E STRONG ;=0 �— •/ 1130.37' FLOW, SEPTEMBER 1997 �'i h / r ' h •� W • �' s � � N l 267.s4 �.. .� . ' r ca • LOT / 12-1.00' 211.64 � �b 24,699 tS ;' •' � � � � 1 S 27044" W S 27p654" 4V O Oj 15 0.5670 ±Ac.y ,' ' N : °' 300' ANTHONY J. d� 62 _ o 25' X 40' LOT 2 eo \ io 00 FOOTPR/NT 50,253 ±S.F. \ �� DO' cV PROPOSED -(TYPICAL) 1. 1536 -Ac. ;" ` 60.00 o° `* KARL YN£ L. I QOK N j f URNARI 12" CULVERT 64— ;'7 �--- `� / `\ so O0 i. c�Op (PLAN BOOK 242, + — i MARIANNE B. PLAN 71) �' ! �� FF 6 \ ^ ZOVF PC •:' O�� `".--- JOSEPH A. fIIRNARI, /l 66 ^� ; ,,,��e �L. 1 FF ec. h\Ip�F Y�'esio ti h 72,0 r \ A'7 FNT/ APPROX/MATE O 2 t (PLAN BOOK 282, PLAN 1) 7��lco I \ 7.0 ^ \\ �pFS/OFNT`a� CONSF �P� �� h rn�..,• 72J � � � \1�o ,, ,, '9L OryF �'9T/ON P � EDGE OF LAWN ro JOSEPH A. \ Fq e ,• /DA A. f URNARI 74— _ io QD �� F.r 'of yJ °° o (PLAN BOOK 319, PLAN 10) l- �'� �• \\ \ ?qy Yew 0 • �� lei HAROLD H. & PAULA J. ROBERTS L=047173' ,4 _ s 27.0644," LOT 6 . L=23 40' �o 76' J p b 12398" ° \ r / k 25,192 _7t-SF « 100.00' o N S J6,56,54 W �^ \ = I �� ° 0.5783 1-Ac. •�/ , /T 7 ° l� y\ PLAN BK.325/PL.47 v ,}� �L• • 40,887.-S.F. l� 1 i S 22'Sa'14" N, 76.60' , /4,4050 S.F. 7B-`1 o \ / ' ,�1 \ h0 �o� LO 3 h 60.00' a I 1 0.3317 . AC. �• ti o v O b � W � '`1 \. ro � , � \ �P� 0.9386 tAc. � LOT 4 - JIti O' v PLAN BK325/PL.47 28,200 -S.F. x x f S 2706 44' 24' WIDE h \ I n- L QQ �' ., I o GY ,h C 0.6474 fAc. LOT J o O 347. B/TUM/NOUS l r ' I (Zi 09 CONCRETE I\ I ` 6� \ g8 p PLAN'BK.325�PL.47 27,794 fS F. O h h 0.6381 .-Ac. I / 423.69' DRIVE 20 S 440.DO. E'i z I I o 0 � � 1 \ � ti� PLAN BK.325 PL.47 .38' 8' CHA/NLINK NLETCh'EON P/N _ s 1 ¢ \ Orn I �� 1 FENCE O G / B c� 6 1 0 sroNE°eo NDN MAR �RDUG \ ( ' y' \ ; \ 1 0 �\ ; 6 H x o"(FD-HELD) �� ', O , �� \' �� G) 30.00' N 2254'14" F Q PROPOSED CIC ° �\¢" \ \�\ • Q \ ASSESSORS.' MAP 9, A PORTION OF LOT 270 ` 7940 \ 12" CULVERT / \ �97 --6P h � ci L:: Ty � � �� 6"� ZONING; RI - RES/DENTIAL ONE FAM/L Y �q y0!/T o ` `!( d v = RC - RESIDENT7AL CONSERVATION 6a o.o S 42'14'16" E ^ Gi � S0, Gy/ 47p ��--�� OOH 2'5.00' � REFERENCES.. TABLE OF AREAS oFJ 3g- �ss70oe4 O h PORTION OF LOTS W/THINS 5631'05" E DEED BOOK 14446, PAGE 346 (STRONG BROOK R. T.) ZONING DISTRICT RI 15.OD, i o DEED BOOK 14787, PAGE 479 (KEVIN O'DONNELL) 4327 a V m DEED BOOK 14842, PAGE 542 (TA. CHAUSSE) LOT 1 16,5001- S.F. a PLAN BOOK 325, PLAN 47 LOT 2 30,900 fS.F. tij v PLAN BOOK 321, PLAN 74 LOT 3 23,600 --SF. IN PLAN BOOK 319, PLAN 10 LOT 4 19,000 .-SF. 3j22, 7000 , + PLAN BOOK 242, PLAN 71 LOT 5 78,o0of S.F. 2 REBARS OR pR// X24" 1y o h PLAN BOOK 282, PLAN 1 LOT 6 15,800E S.F. WOODEN STAKES °V S;TOL //o/F _ LOT 7 12,300E S.F. DRTO GROUND �FD_h,�LD ON UNO 26084 103 OWNERS OF RECORD.' REMAINING LAND L/iVEJ 70' STRONG BROOK REALTY ]RUST (LOTS 1, 2 & 7) OF FURNAR/ 21,900E S.F. f t ANGLE FIRST STAKE (JOSEPH H. GREN/ER, TRUSTEE) TOWARDS PREWOUSLY DETAIL T.A. CHAUSSE (LOTS 5 & 6) LAID BALE i KEWN O DONNELL (LOT 4) �� , STRAW OR N. T.S. HAY BALE PLAN OF LA / V 47 GRILL HOLE BUTT ENDS �3B' IN STONE BOUND TOGETHER _ FD 0 0��' FOR REGISTRY USE APPROVAL UNDER TH£ SUBDIWSION i II� W * *4R,1,00O 64 CONTROL LAN/ NOT REQUIRED. ISOMETIZc V/EW oo��,,y SA L EMS MA SALEM PLANNING BOARD PROPERTY of STRONG BROOK REALTY TRUST ', (TO ACCOMPANY AN APPLICATION FOR SPECIAL PERMIT) I CERTIFY THAT THIS PLAN CONFORMS TO . va THE RULES AND REGULATIONS OF THE � v T4LACKO CK0 rn „ < " �34oz6 SCALE. I" = 40' JULY 20, 1998 REG/STERS OF DEEDS. 4M DEEP ALE I osFG c„�� 0 20 40 80 160 ! $' JOHN c` CROSS SECTION GIIAEFTa No°255 I ��s J HANCOCK SURVEY ASSOCIATES, INC. HA Y BALE BAHRIEF� 235 NEWBURY STREET, DANVERS, MASSACHUSETTS 01923 rd�C,98 a DATE.• DATE PROFES.�' AL SUR t7EYOR NOT TO SCALE (978) 777 = 3050 CHECKED BY.• 6432 - -- -