64-217 - 53 MASON STREET - CONSERVATION COMMISSION ���:
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-t 310 CHR 10.99 DFP Fde Ma 64-217
Form 5 To be provided by DEP)
agfroam Salem
wpgeat Weinstein
commonwealth
of Massachusetts
Order of Conditions
Massachuetts Wetlands Protection Act
G.L. c. 131, 540
From Salem Conservation Commission Issuing Authority
Toc�
( ane of A*rinpplicant) (Name of property owner)
Address 53 Mason Street Address282 Atlantic Avenue, Marblehead
This order is issued and delivered as follower
❑ by hand delivery to applicant or representative on (date).
® by certified mail, return receipt requested on July 27, 1993 (date)
This project is located at 53 Macon StrPor
The property is recorded at the Registry of Essex
Book 5845 Page 559
certificate (if registered) 41184
The Notice of Intent for this project was filed on June 10. 1993 (date)
The public heazi.rly was class=d on July 8, 1.993 _._.___(date)
Findings
The Cnmmiacir,n has reviewed the above-referenced Noticeof Intent and plans and has
held a public hearing on the project. Based on the information available to the Commission at this
time, the Cnmm;cci= has determined that the area on which the proposed wore is to be done is
significant to the following interests in accordance with the Presumptions of Significance set forth in the
regulations for each Area Subject to Protection Under the Act (check as appropriate):
Public water supply Flood Control Lard containing shellfish
Private water supply Storm damage prevention fisheries
Grovel water supply M Prevention of pollution, Protection of Wildlife Habitat
Total Filing Fee Submitted $250.00 state share $112.50
(1/2 fee in excess of S25)
City/Town share $137.50
Total Refund Due s City/Town Portion f State Portions
(1/2 total) (1/2 total)
Effective 11/10/89 5-1
Therefore, the r„m,.;.., hereby finds that the following coruitions
are necessary, in accordance with the Performance standards set forth in the
regulations, to protect those interests checked above. The Cern i ec;nn
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, shall be deemed cause to revoke
or modify this order.
2. The order does not grant any property rights or any exclusive privileges;
it does not authorize any injury to private property or invasion of
private rights.
3. This order does not relieve the permittee or any other person of the
necessity of complying with all other applicable federal, state or local
statutes, ordinances, by-laws or regulations.
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
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.
o . A,•y f 11 used in conneainn with thi•t �:, �Iect _i:aii 'oe cine., fill,
conta:^-ny no trash, refuse, rub;;ibh or d?tci„ in:luding but I.ot liui'_-'
to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires,
ashes, refrigerators, motor vehicles or parts of any of the foregoing.
7 . No work shall be undertaken until all 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 is to be done. in the case
of registered land, the Final order shall also be noted on the Land
court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording informatin shall be
submitted to the on the form at the end of this order
prior to commencement o e 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 64 247 "
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.
5-2
11. upon completion cf the work described 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:
Planet
Title Dated Signed and stamped by: On File with:
Plan of Land in Salem 6/9/93 Frederick M. Forbes Conservation Commission
prepared forason ea ty
Trust
special conditions (use additional paper if necessary)
SEE ATTACHED CONDITIONS
(Leave space .elank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5-3A
d ans:
Title Dated signed and stamped by: on File with:
special conditions (Use additional paper if necessary)
(Leave space Blank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .
5-3B
issued By Salem conservation commission
signto e(e)
zz�
This orbs uet be signed kyy a aj rity of the conservation commission.
on this 22nd day of July 19 91 , before me
personally appeared t'" abnv*.e Tawntsened , to me known to be the
person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as hie/her free act and deed.
July 15, 1999
Notary P�v 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 notified 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 shell 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 Conservation CoMiSsionprior to commencement of work.
............................................................................................................
To Salem Conservation Commission Issuing Authority
Please be advised that the Order of Conditions for the project at 53 Maann Srroor
File Rurber64-217 has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
19
If recorded lard, the instrument nurber which identifies this transaction is
If registered lard, the document rvnber which identifies this transaction is
Signature Applicant
5-4A
issued by the Deparcment of Enviro.-vnental Protection
signature
on this day of 19 ,
before me personally appeared to me known to be
the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
I
Notary Public my commission expires
The applicant, the owner, any person aggrieved by the Superseding Order, any owner of lard abutting the lard
upon which the proposed work is to be done, or any ten persons pursuant to G.L. c.30A 110A, are hereby
notified of their right to request an adjudicatory hearing pursuant to G.L. c.30A, 110, 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 0210" 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 Nearing shall comply with the Department4s Rules for Adjudicatory
Proceedings, 310 CMR 1.01(6), and shall contain the following information:
(a) the DEP wetlands File Number, new of the applicant and address of the 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
proelcn on of the int!r•sts identified in the Act, and (3) the relief sough• through the a judicatory
hearirp, i,sl,.dm,:g soe,—ficatly the _.•arges desired in the Superseuinc Orc ;
r.e) a sratereot coat a c,oy of the raqu_st her been sent to the appticant, the .onser,•3tion rommis0,,n and
each other Tarty or representative of SULK 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 prior to commencement of work.
............................................................................................................
To Issuing Authority.
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
, 19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature - Applicant
5-4B
,ov CC),
{ Conservati Il Commi.5S1m
:r Salam. Massachusetts 01970
SPECIAL CONDITIONS
1. All work shall conform to the above-referenced Notice of
Intent, site plan and supporting documents and those final
specification. Any change made or intended to be made to
the approved plans shall require the applicant to inquire of
the Commission in writing whether the change is substantial
enough to require the filing of a new Notice of Intent.
2 . Members and agents of the Commission shall have the right to
enter and inspect the premises at all reasonable times to
evaluate compliance with the conditions in this Order. The
Commission may require the applicant to submit additional
data or information necessary for the Commission to conduct
that evaluation.
3 . Upon completion of the project, the applicant shall submit,
with the request for a Certification of Compliance, an
affidavit, prepared by a professional engineer or land
surveyor registered in the Commonwealth of Massachusetts,
stating the site has been developed, in accordance with the
requirements of this Order of Conditions, the referenced
site plan and supporting documents.
4 . This Order shall apply to every successor in control or
successor in interest of the property described in the
Notice of Intent and accompanying plans or part thereof. In
the event this land or any part thereof changes ownership
before or during construction, the current owner shall
notify the new owner, by registered mail, of this Order
prior to the transfer of ownership and shall forward proof
of this notification to the Commission.
5. Additional erosion and sedimentation control measures deemed
necessary by the Commission shall be instituted by the
applicant. Any siltation caused onto any wetland or
waterway area shall a promptly reported to the Commission.
Such areas shall be restored to the satisfaction of the
commission.
6. During construction, no debris, fill, or excavated material
shall be stockpiled within 100 feet of designated wetlands.
Any sediment from surface runoff entering wetlands.
7 . Equipment servicing and overnight equipment storage must be
conducted outside the buffer zone. Equipment must be
maintained to prevent leakage or discharge of pollutants.
8 . * No spill or discharge of petroleum products or other
pollutants will occur within 100 feet of any wetland
resource area.
9 . * Use or storage or rock salt (sodium chloride) or other
toxic de-icing chemicals is prohibited within 100 feet of
the resource area. Any arrangement for snow removal shall
stipulate the ban.
10. Notice shall be given this Commission no more than 2 weeks
nor less than 2 days prior to the commencement of
construction activities. Said notice shall include, in
writing, the name(s) , supervisor(s) responsible for insuring
that operations are conducted in compliance with this Order.
11. * Fertilizers used for landscaping and lawn care shall
contain a low nitrogen content and be used in moderation.
Pesticides and herbicides shall not be used within 100 feet
of the resource area.
12. No project activities will be conducted between December 1
and March 15. Projects shutting down for the winter will,
by December 1, complete slope stabilization sufficient to
prevent erosion or siltation until project activities resume
in March. u
13 . Periodic maintenance will be done to keep weeds to a 6-
8 inch height.
14 . Before construction a state of the art siltation fence
will be installed in the Buffer Zone as indicated on
the 6-9-93 plan. The uphill edge of the filter cloth
shall be buried in a 6 inch deep trench and carefully
serviced. The fence shall be properly maintained and
the sediment that does build up will be removed
frequently enough to ensure the prevention of sediment
entry into the North River. The fence shall remain
until completion of project.
15. The parking area shall not be paved with bituminous
concrete nor will a catch basin be installed.
jm\dh\special.con
310 CMR 10.99
Form 3 DEP Fde No.
aN�n
—_� Commonwealth (To be ono o by DEPI
ft"k-2i = of Massachusetts 5so' P–Y1
c�:y town
•�
�ooi�cam PGrnn and
. PPCA Maao,. b2ealhl i w.5�
Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
and
Application for a Department of the Army Permit
Part 1:General Information O O 170
1 . Location: Street AddressmG 5nn �IY�et , Clem M rJ
'_�I-otNumoer \ �� r�
AC,f rl Description � � � 1�, 0.r�rl am-ar �1 n
2. Project: Type OL r��� Wl(I b c. Cd,m b `�Gt� marl .off C/ea
Tr L f I_I o✓ h e- pr-o _?-c� F rOj eco
sane c�ncQ hckrl�c rc'✓e� There ,Will be a 6 ` (�j{er Zane h;cl,
l ^i ,.be varve Linc hy cr�o,S ✓ Ct/oncf w(i-1, G< 2 .' I p(teh a So ' 6e
11 namer� Gyt�'h�/�I
eiTO o Lynn ac F, fa`. '
ex +3� hcf � 9racje `a gravid-e ci smooA s,JrCzkcz., 0-)Ol e-
�/o���e
r�0.vemen- - ., 9 .
/Y1 U ✓ L 'L. / _ �n Mf r O� tka-, �� r
3. Registry: County S 2)C Current Book R) 8 Page
Certificate(If Registered Land)
4. APDlieantAoron'r &hjcia )JeinS-leen D66 POSen 12e UtdrUs Tel. 5-0` - 7`fS- 7Ff00 .
.a .
lern
NAA OIG 70
Address /17QSor1 S sa ;
"o-son j2 / %/uS� 88 y
5. Property Ownerho atl i c is
Address o�ga �1-1-Irsn-h�c. f}✓e /1/1a.(ble-b p 0j M (--4o-IG
5. Representative
)ei nsfei rl Tel.
Address a 7 'PrD s {fie C Ski�C� I Y)G�✓bl e�t0.� M l3 D 1 c/ L/-)
7. a. Have the Conservation Commission and the Departments Regional Office each been sent, by certified
mail or hand delive , 2 copies of completed Notice of Intent, with supporting plans and documents?
Yes 77 No
b. Has the fee been submitted? Yes o
c. Total Filing Fee Submitted 'Ga
d. City/Town Share of Filing Feed137,$0 State Share of Filing Fee 112 �0
(sent to City/Town) (Vx of fee in excess of 525, sent to EP)
e. Is a brief statement attached indicating how the applicant calculated the fee? r�Z Yes lMo
FOr p t c� Znnt fees
See, Wo r,Shee Cl
f
Effective 11110/89
S. Have all obtainable permits. variances and approvals reawred by local by-law been obtained?
Yes - No —
Obtained:
Appued For: Not Applied For:
yes
9. Is any portion of the site subject to Wetlands Restriction Order pursuant to G.L. C. 131 , §40A or G.L.
c. 130. §105? Yes No OC
10, List all plans and suoporting documents submitted with this Notice of Intent.
Identifying Title. Date
Numoer/Letter -
Sa lem l�rel��reclo . �la5on 2ealfy 1 rush
7PL) f 993
�� Sol � C�1n� �-:1e-�-hen �SerrP�al� Tine G, i 993
1 1 .Check t se resource areas within which work is proposed:
(a) _ Buffer Zone
(b)Inland:
- Bank' Land Subject to Flooding,
- Bordering Vegetated Wetland' - Bordering
- Land Under Water Body&Waterway' _ Isolated
(c)Coastal:
- ' - Designated Port Area'
Land Under the Ocean
- Coastal Beach' - Coastal Dune
- Barrier Beach - Coastal Bank
Rocky Intertidal Shore' - Salt Marsn'
- Land Uncer Salt Pond' - Land Containing Shellfish'
_ Fish Run'
Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for
Compietind Notice Of Intent. 3-2
12. Is the wetland resource area to be altered by the proposed work located on the most recent
Estimated.Habitat Map (if any) of rare. "state-listed" vertebrate and invertebrate animal species
occurrences provided to the conservation commission by the Natural Heritage and Endangered
Species Program? /
YES [ ] NO [vJ Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [ ] (if any) 1 9$8
If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with
supporting documentation with the Natural Heritage and Endangered Species Program by
certified mail or hand delivery, so that the Program shall have received Appendix A prior to the
filing of this Notice of Intent?
YES [ ] NO ( ]
33
'art I1:Site Description
nd(bate which of the following information has been provided (on a plan, in narrative description or calcula-
:onsl to clearly. completely and accurately describe existing site conditions.
Identifying
Number.Letter
lot plan. narrative
or calculations)
Natural Features:
Pa ✓ Soils
Pa ✓ Vegetation
T000grapnv
Open water bodies(including ponds and lakes)
P�- ✓ Flowing water bodies(including streams and rivers)
Public and private surface water and ground water supplies on or within 100 feet of site
Maximum annual ground water elevations with dates and location of test
Boundaries of resource areas checked under Part I, item 1 1 above
Other
Man-made Features:
P�- iv'� Structures(sucn as budaincs, piers, towers and headwalls)
Drainage and flood control facilities at the site and immediately off the site, including
culverts and open channels (with inverts), dams and dikes
Subsurface sewage disposal systems
Underground utilities
Roadways and parkino areas
Property boundaries. easements and rights-of-way
Other
Part III:Work Description
Indicate which of the following information has been provided (on a plan, in narrative description or calcula-
tions) to clearly, completely and accurately describe work proposed within each of the resource areas
checked in Part I, item 11 above.
Identifying
Number/Letter
(of plan, narrative
or calcuiations)
Planv w and Cross Section of:
Struc:.:res(such as bu idings. diets, towers and headwalls)
Drainage and flood control facilities, including culverts and open channels(with inverts).
dams and dikes
Subsurface sewage disposal systems&underground utilities
Filling, dreac(ng and excavating, indicating volume and composition of material
Compensatory storage areas. where required in accordance with Part III, Section 10:57
(d) of the reculattons
Wildlife habitat restoration or replication areas
��— Other
Point Source Discharge
Description of characteristics of discharge from point source(both closed and open
cnannei). when point of discharge falls within resource area checked under Part 1, item
1 1 above.as supported by standard engineering calculations, cata and plans. including
but not limited to the following:
3.4
L
1 . Delineation of the drainage area contributing to the point o1 discharae.
2. Pre-and post-development peak run-off from the drainage area,at the point of discharge, for at least the
1 0-year and 100-year frequency storm:
3. Pre-and Dost-development rate of infiltration contributing to the resource area cnecked under Part I, item
1 1 above: -
4. Estimated water quality characteristics of pre- and post-development run-off at the point of discharge.
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 re-
source area specified in Part It 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 regula.
tions do not apply. .
_ Coastal RESOUtCe Area TypeII Idenutyino number or leiter
Inland dl su000n dOcumenis
i
Coastal Resource Area T vpe'. IdennfymO number or letter
of suDDOn documents
N3OD
li
I
II
I
3-5
joentnving numoer or letter
Coastal Resource Area T yoe. OI su000rt occuments
Inland
I�
I
I -
�. Clearly. ccm Dleteiv and accurately describe, with reference t0 sUOpOrting plans and calCUla[IDns 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 I, 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 established for the adjacent resource areaspecified in Part II or
Part III of these regulations.
Coastal Resource Area Type Boroered By 100-Foot Discretionary Zone: I IdentiWmo numoer or letter
of sucoon cocuments
(nlanc
mere w t 11 be u � -Foot b�F�- zorc�
().)h ch will be- loomed G,nd hydrascedecQ .
Iq 5 i Ha-Hon -Fe,-)C, wl II be i/�S�uJLeG{ melon
y
f-h e Per,m��ew 6- l h--e k- zoKle area.
1 D Prevev)4- aely si /faAon ron-OR- and
�eYelu�r�
Iii II
3-6
Part V: Additional Information for a Department of the Army Permit
1 COE Application No. 2.
(to be Drovlbeb by COE) (Name of waterway)
3. Names and addresses of DrODeriv owners adjoining your property:
�rarl �iccq�n I�ev,�rick- (Y��. Ca��" 3a-36 Cbm�rctu-� Sfi. SGI�� N11� 014 70
�llwn Zlor�' S0.1em S.�de �Sn� , 7a �l�ni St. S�JJem, lA 0070
Document other project alternatives(i.e., other locations and/or construction methods, particularly those
that would eliminate the dlscnarge of eredaed or fill material into waters or wetlands).
8'.4" x 1 1 " drawings in planvlew and cross-section, showing the resource area and the proposed active
ity within the resource area. Drawings must be to scale and should be clear enough for photocopying.
s' Certification is reauired 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 fora 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 Dalns and penalties of perjury that the foregoing Notice of Intent and accompanying
clans.Pocuments and su�erti -cam are true and complete, to the best of my knowledce.
Signature of ApoBcant Date
Signature of Applicants Representative Date
FORM Eire=uon to ENO Form .346 .po,.1,4 by aQVSACE. 6 Me, 198v
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MASON REALTY TRUST
53 Mason Street • Salem, Massachusetts 01970
Telephone (508) 745-7800
Exi5f'ncj Sof and V�qQ/n+jon in fh2 fproPascd bjor4 { r-,fa
The exis�n , soil 4en compassecQ in the Propos�cQ /aroJec+-
otrec� C�rnsf3 Sal S�-ones cent( bahK grGLVeI, l hee)ciy
ems- I'on J
��cl ea 1,5 C9C
severQ� -1-yweeds , lUe �ro�as� a b., r zone
o six -Feer +o be loomed anti hydroseede.d, f} si /fnHor�
fence e�ill b i� )L aton ? 1�, e �er;me�er of the
bvF�cr zone ares_ -)10 p-e✓cnf- an //a-7r6/ ron-6�F
c�nd Cr1gJ,/e mgxirYjvm vee fd roeJ}A
/^��,,�
Conservatim <.�onun ssim
Salem. Massachusetts 01970
^f,SSnF`'`�
September 20, 1993
Andrew Weinstein
Mason Street Realty Trust
53 Mason Street
Salem, MA 01970
RE: REGISTRY FEE FOR RECORDING DEP FILE NO. 64-217
Dear Mr . Weinstein:
I have recently received a bill from the Essex County Registry )
of Deeds for the recording fee for the Mason Street Order of ;
Conditions.
As you will note from the circled amount on the Order of
Conditions, the amount charged from the Registry is $14. 00 .
Could you please forward a check in the amount of $14. 00 to
the Essex County Registry of Deeds, 32 Federal Street, Salem, MAi
within seven (7 ) days along with copies of 1) . the bill and 2) . the
top page of the Mason Street Order of Conditions.
Thank you for your attention in this matter .
�raA. Hurlburt
Conservation Administrator
i
EX\DH\REGISTRY.SEP
i
Commonwealth of Massachusetts
Executive Office of Environmental Affairs 9�
Department
Environmental
1 Protection �, 6
Metro Boston/Northeast Regional Office 41k?
William F. Weld ,'`!/&
Governor 46
Daniel S.Greenbaum At.
Commissioner
DEP File # 64-217
RE : NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER Salem
DATE : . 7/20/93 (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 : Aaron Weinstein Owner :
Address : 53 Mason St . Address :
Salem, MA 01970
Project Location: 53 Mason St .
IF CHECKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT:
A. (X) This project has been assigned the following file # : 64-217
Although a file # is being issued, please note the following:
If work is occurring on the bank, a wildlife habitat evaluation will be
reauired as work proposed is greater than 50 '
�SSUANCE 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 :
ii
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%z" 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 .
" T 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)
10 Commerce Way • Woburn,Massachusetts 01801 0 FAX(617) 93S-6393 • Telephone(617)935-2160
--her Regulator _
( ) Application has been forwarded to Waterways Regulatory Program to
determine if a Chapter 91 License is required.
( ) Applicant is advised to forward a copy of the Notice of Intent to the
Corps "ofuEngsneers for review (call 1-800-362-4367 for information) .
S� 401' Water Quahity Certification
The project}'¢described in your Notice of Intent reauires a 401 Water
❑ality Certification from the Department of Environmental Protection and may
equire submittal of a 401 application form. See below for further details: .
,Nu1
( ) Based upon the information submitted in and with" your Notice of
Intent a separate 401 Water Quality Certification application form is
not required. The Department of Environmental Protection has
reviewed the plans submitted by the applicant and finds that there is
reasonable assurance that the project or activity will be conducted
in a manner that will not violate the Massachusetts Surface Water
Quality Standards, provided that :
a) the applicant receives and complies with a Final Order of
Conditions from the local conservation commission or the
Department ;
b) the Order of Conditions does not cause the loss of more than
5, 000 sq. ft . of bordering vegetated wetlands and land under
water and/or the dredging of more than 100 cubic yards of land
under water;
c) any loss of vegetated wetlands has been mitigated with a minimum
replication of 1 : 1 ; and
d) the project is not exempt from the M.G.L. c . 131 , §40 - the
Wetlands Protection Act ; is not part of a subdivision; does not
cause the loss of any wetlands designated as Outstanding
Resource Waters; and does not cause the loss of any salt marsh. .:
Therefore, provided that the above conditions are satisfied, the
Final Order of Conditions will serve as the Water Quality
Certification for this project . This does not relieve the applicant
of the duty to comply with any other statutes or regulations .
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.
( ) Your project involves dredging of greater than 100 cubic yards of
material = 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, Division of Water Pollution
Control, One Winter Street, Boston, MA 02108 . Contact the Division
of Water Pollution Control at 617-292-5655 if you have any questions .
Dr more information please contact :Wayne Lozzi
(617) 935-2160 .
_ . Conservation Commission ) U. S . Army Corps of Engineers
Owner ( ) Coastal Zone Management
DEP - Water Pollution Control (X) Representative :Andrew Weinstein
DEP - Waterways 27 Prospect St .
Other: Marblehead, MA 01945
2
MASON REALTY TRUST
53 Mason Street • Salem, Massachusetts 01970
Telephone (508) 745-7800
Conservation Commission
1 Salem Green
Salem, MA 01970 August 3 , 1993
RE ; DEP file1164-217
Cert, 1141184
Book 5845 Pg. 559
Property Location; 53 Mason Street
Dear Conservation Commission,
Per The Order of Conditions , Special Condition 1110 we are giving you
notice that we plan to start construction activity at 53 Mason
Street, Salem, MA.
Andrew Weinstein will be the supervisor in charge , responsible for
insuring that operations are conducted in compliance with your
orders .
Sincerely,
�—e RECEIVED
Kathy wells AUG 0 4 1993
Mason Realty Trust
Salem F'1aiar111tg U®PG
MASON REALTY TRUST
53 Mason Street • Salem, Massachusetts 01970
Telephone (508) 745-7800
Salem Conservation Commission
1 Salem Green
Salem, MA 01970
ATT: Debbie Hurlburt
December 14, 1992
Dear Debbie,
Per my conversation with you earlier this month, I presently have at
my property at 53 Mason Street, Salem; five separate piles of Bank
Gravel fill located forty feet from the North river in the rear of
my property. There is also one small separate pile located thirty
feet from the river and approximately sixy feet from the five other
piles . I would like to have permission from the Conservation
Commission to move and consolidate all of this fill into one pile .
This will enable me to have my property plowed properly this
winter . I would like to stock pile the fill ninety feet inland and
west from its present location . Please extend my thanks to the
Conservation Commission as well as yourself .
Sincerely,
Andrew Weinstein
RECEIVED
DEC 16 1992
Salem Planning Dept
VON CU��
Conservation Commission
Salem. Massachusetts 01970
W
June 23, 1992
Mason Realty Trust
Andrew Weinstein
53 Mason Street
Salem, MA 01970
Dear Mr . Weinstein:
Pursuant to our telephone conversation last week, you
indicated that you were intending on having plans drawn up for your
parcel located at 53 Mason Street as the Conservation Commission
recommended.
This letter is a follow-up reiterating that no work shall
commence until the Commission has acted upon this issue.
If you have any questions, please do not hesitate to contact
me at 745-9595 ext. 311 .
Sincerely,
ie Hurlburt
Conservation Administrator
EX\DH\MASONLET
. 1
z Crniservafion Commission
Salem. Massachusetts 01970
W
' ,Ass
June 2, 1992
Mason Realty Trust
53 Mason Street
Salem, MA 01970
Re: Stockpiled Fill Located in Back of Parcel
Dear Sir/Madam,
The Salem Conservation Commission is required by the state to
enforce the Wetlands Protection Act . Under this act, anyone
altering, dredging, removing or filling land within 100 feet of a
wetland is required to file either a Request For Determination of
Applicability or a Notice of Intent to determine whether the
proposed action will adversely effect the wetland. The Commission
decides whether the project will effect the wetland and may set
conditions to minimize impacts.
The Commission has been informed that fill is being stockpiled
upon your parcel at 53 Mason Street .
This letter is to require that you either remove the
stockpiled fill or file a Request For Determination of
Applicability or Notice of Intent with the Conservation Commission
within 3 weeks of this dated letter .
If you have any questions, please do not hesitate to contact
Conservation Administrator , Debbie Hurlburt at 745-9595, ext. 311 .
Sincerely,
�I-
Betsy Horn
Chair
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December 16, 1992
Andrew Weinstein
Mason Realty Trust
53 Mason Street
Salem, MA 01970
Dear Mr . Weinstein:
Pursuant to your letter dated December 14, 1992 regarding your
request in consolidating the six ( 6 ) piles of gravel fill to the
western portion of your property, I am approving your request .
T would like to request that you exercise extreme care when
moving the piles away from the North River . In addition, I would
like to request that when the piles are consolidated you contact
me, in writing, stating that this has been done so I may make a
site visit to your property.
[f you have any questions regarding this letter or if you
desire further information, please do not hesitate to contact me at
745-9595 ext . 311 .
Sincerely,
Debbie Hurlburt
Conservation Administrator
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