64-224 - MOONEY ROAD - CONSERVATION COMMISSION (2) c -----------
"64-244 Wendy's (Peabody and
Lafayette)
k
310 CHIC 10.99 DEP F3cNo.
?o be prcvnded by DEP)
Form 5 Cuy/CSalem
ai.a .
A4Pb.. Wendy's International
co$tmonweal th
of Massachusetts
Order of Conditions
Massachuatts Wetlands Protection Act
G.L. c. 131, 540
From Salem Conspnmti issuing Authority
To Wendy's International Inc. Waterfront Realty Trust
(Name of Applicant) (Name of property owner)
Address 234 Littleton Rd. , Suite 1FAddress 181 Massachusetts Ave.
Westford, MA 01886 Boston, MA 02115
This order is issued and delivered as follotess
❑ by hand delivery to applicant or representative on (date).
® by certified mail, return receipt requested on (date)
This project is located at Corner of Peabody and Lafayette St. , Salem, MA
The property is recorded at the Registry of Essex
Book 12786 Page 339
certificate (if registered) N/A
The Notice of intent for this project was filed on 12/21/95 (date)
The public hearing was clns:d on_ 7/R/96 .__ ldate)
Findings
The Commission hes reviewed the above-referenced Notice of Intent and plans and has
held a public hearing on the project. Based on the informstion available to the Commission at this
time, the Commission has determined that the area on which the proposed wore is to oe cone is
significant to the following interests in accordance with the Presumptions of Significance set forth in the
regulations for each Area Subiect to Protection Under the Act (check as appropriate):
Public water supply Flood Control Lard containing shellfish
Private water supplyma
Storm damage prevention Fisheries
Ground water supply FFFCCS...111 Prows tion of pollution Protection of wildlife Habitat
Total Filing Fee submitted $525.00 state Share S 5(1_nn
(1/2 fee in excess of 525)
City/Town Share $275 no
Total Refund Due d City/Town Portion 5 state Portion$
OR total) (1/2 total)
Effective 11/10/89 5-1
Therefore, she Cotmniss;_on hereby Linda that the foilowinq coruitions^
are necessary, in accordance with the Performance Standards set forth in the,
regulations, to protect those interests checked above. the
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 plane, specifications or other proposals
submitted with the Notice of Intent, the conditions shall control.
General Conditions
1. 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 . Ary f 11 used in conneTti.on with thi'l r, )Ject _.aii be ci_a., fill,
conta_-:_ny no trash, refuse, rubbish or dsbci::, in-luding bit 1.0t linit_'
to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires,
ashes, refrigerators, motor vehicles or parts of any of the foregoing.
7 .1 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
i 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
the form atnthe endnoshall
border
t submitted to the
1 prior to commencement of the work.
91 A sign shall be displayed at the site not less than two square feet or
I more than three square feet in size nearing the words,
I •maseachusetts Department of Environmental Protection,
File Number CLOY Q RR;Q -
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
I
11. Upon completion ci tho work described herein, the appl?cant 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:
Title Dated signed and stamped by: on File with:
Conservation Commission
special conditions (Use additional paper if necessary)
(Leave space Blank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5-3A
i
2ians:
Title Dated signed and stamped by: on File with:
special Conditions (use additional paper if necessary)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .(Leave• space Elank) . . . . . . . . . . . . . . . . . . . . . . . . ... . .
5-38
:ssued By conservation Co=,ission
Signaturels)
This order must be signed by a majority of the Conservation commission.
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.
Notary public my commission expires
\ The applicant, the owner, any person agrrieved by this Order, any owner of lard abutting the land upon which
the proposed work is to be done, or any ten residents of the city or town in which such lend is located, are
hereby notified of their right to request the Department of Envirwtrcntal protection to issue s superseding
order, providing the request is made by certified omit 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 frac the
date of issuance of this determination. A copy of the request shall at the same time be sent by certified
mail or hard delivery to the Conservation [omission and the applicant.
Detach on dotted tine and suibmit 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 6 on
- ,19
If recorded lard, the instrument nnber which identifies this transaction is
if registered lard, the document sober which identifies this transaction is
Signature Applicant
5-4A
i
issued by the Deparcment of Environmental 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.
Notary Public My commission expires
The applicant, the owner, any person aggrieved by the superseding Order, any owner of lard abutting the lad
upon which the proposed work is to be done, or any tan persons pursuant to G.L. c.30A 110A, am hereby
notified of their right to request an edjudicatory hearing pursuant to G.L. c.30A, 110, providing the
request is made by certified mail or herd delivery to the Department, with the appropriate filing fee and
Fee Transmittal Form as provided in 310 CIIR 10.03(7), within tan days from the data of issuance of this
Superseding Order, and is addressed to: DOCkst Clerk, office of Genesi Counsel, Department of Erwiroeaental
Protection, One winter Street, Boston, HA 021080► A Copy of the request shell at the seer time be sent by
certified aail 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 Department's Rules for Adjudicatory
Proceedings, 310 CHR 1.01(6), and shell contain the following information:
(a) the DEP wetlands File Number, name of the applicant and address of the project;
(b) the Complete new, 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, ircluding specifically the manner in which it is alleged to be
inconsistent with the Department's wetlands Regulations (310 CHR 10.00) and does not contribute to the
protnct0on of the in"roets identified in the Act, and (3) the relief sotmar through the Wjudicatory
heorir m ,t.Ailrg smx,.,ficatty the _.•anges desired in the SuDersecine Orc-
(e) a stater-2-It chat a c.oy of the rag0,_st her been sent to the aabmicant, t9e aonser••n tion tommissi art and
each other party or represent.a:ive of surn pdrty, if known.
Failure to submit all necessary information may result in a dismissal by the Department of the Notice of
Claim for an Adjudicatory Nearing.
Detach on dotted line and starlit to the prior to commencement of work.
............................................................................................................
Issuing Authority.
To
Please be advised that the Order of Conditions for the project at
File Nuanbar 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 nxa06er which identifies this transaction is
Applicant
Signature
5-48
07/29/1996 14:56 1-617-598-0414 RYAN ENGINEERING PAGE 01
�l lift
RYAN ENGINEERING CORP.
RM Mar lei OA44W aasrrd'aeats & Awl.SN Mp"
TMUernoroe
ter,MA MON 011775M"14
pas x3a9Aom
Date: 7/29/95
Fax To: Its. Ellen Dubinsky
CITY OF SM= FLAMxIRO DEPT.
(508) 740-0404
CC: Mr. Keith xaque
WRODY•a IWXYMTXOML, INC.
(508) 392-1712
From: James M. Ryan, PLS
ATAx MIGIMIRIxtt CORP.
subject: one Feabedy street, salem, xA
Affidavit to •m myfg As Built Conditions
of pages (including this cover sheet) : 2
TERS ARB TRaxaxITTED as checked below:
( ) For approval ( ) Approved as submitted
(XX) For your use ( ) Approved as noted
( ) For reviev i comment ( ) Returned for corrections
( ) As requested
if you do not reoe ve all pages, ploase call (617) 599-0414.
07/29/1996 14:56 1-617-598-0414 RYAN ENGINEERING PAGE 02
r �{
4a
RYAN ENGINEERING CORP.
ra am le
MAMMR.sN 01M (417)M-0414
July 29, 1996
ex" OF ULEM PLa=1= DEPT.
One sales Green
Sales, MA 01970
Re: affidavit to W11myrs Re Suilt conditions
One Peabody St. at Lafayette St. , Salem, Mass.
Dear Sir/Madam:
In accordance with Special Conditions (64-244) , Item 03 for WENDY'S
INTERNATIONAL, situated at the corner of Peabody and Lafayette
Streets, we offer this affidavit to the 'As Built Conditions' .
RYAN ENGINEERING CORP. personnel have been on-site during July 25,
26 i 29 1n order to make certain post-construction measurements.
This information is displayed on the accompanying certified plan
entitled, "As Built Plan of WENDY'S at 1 Peabody Street in Salem,
Kans.", Scale: 1"x10', dated July 29, 1996.
Also, we wish to affirmatively report that Special Conditions (64-
244) , Item 49, has been met. All catch basins and pipes have been
fitted with oil and goo traps as required.
tN OF y.„
Sincerely,
RYAN ENGINEERING CORP. JAMES M.
i
RYAN
1b. 30317
2anes M , PLS 'Mn aueo
President
cc. Reith Nague, WLFNDY'S
CORNER OF PEABODY AND LAFAYETTE STREET
WENDY'S INTERNATIONAL
SPECIAL CONDITIONS
64-244
1 . All work shall conform to the above-referenced Notice of Intent (NOI), site
plan and supporting documents and those final specifications which shall be
filed with the Commission prior to construction. Any change made or
intended to be made to the approved plans shall require the applicant to
inquire of the Commission in writing whether the change is substantial
enough to require the filing of a new Notice Of Intent (NOI).
2. Members and agents of the Commission shall have the right to enter and
inspect the premises at all reasonable times to evaluate compliance with the
conditions in this Order. The Commission may require the applicant to
submit additional data or information necessary for the Commission to
conduct that evaluation.
3. Upon completion of the project, the applicant shall submit, with the request
for a Certification of Compliance, an affidavit, prepared by a professional
engineer or land surveyor registered in the Commonwealth of Massachusetts,
stating that the site has been developed, in accordance with the
requirements of this Order of Conditions, the referenced site plan and
supporting documents.
4. This Order shall apply to every successor in control or successor in interest
of the property described in the Notice of Intent and accompanying plans or
part thereof. In the event this land or any part thereof changes ownership
before or during construction, the current owner shall notify the new owner,
by registered mail, of this Order prior to the transfer of ownership and shall
forward proof of this notification to the Commission.
5. Prior to commencement of construction activity, a haybale barrier shall be
placed downgradient of construction to prevent siltation to the adjacent
wetland. Haybales shall be anchored with stakes and entrenched 4 to 6
inches in depth. Trench material shall be deposited on the upgradient side of
the haybale barrier. Haybales shall be inspected daily; those showing signs
of deterioration shall be replaced immediately. The haybale barrier shall
remain in proper functioning condition until all disturbed areas have been
stabilized.
6. Additional erosion and sedimentation control measures deemed necessary by
the Commission shall be instituted by the applicant. Any siltation caused
onto any wetland or waterway area shall be promptly reported to the
Commission. Such areas shall be restored to the satisfaction of the
Commission.
7. During construction, no debris, fill, or excavated material shall be stockpiled
within 100 feet of designated wetlands. Any other stockpile location will be
protected sufficient to prevent sediment from surface runoff entering
wetlands.
8. All catch basins and pipes shall be fitted with oil and gas traps. A regular
cleaning and structural maintenance schedule for catch basins, manholes,
and pipes shall be developed and submitted for Conservation Commission
approval. All catch basins shall be inspected in the Spring qnd Fall, and
cleaned at least one time per year.
9. * A letter confirming the implementation of the cleaning and maintenance
schedule shall be filed with this Commission on December 15, annually.
Annual cleaning and maintenance schedule shall be implemented by the
owner and shall apply to catch basins and dry wells.
10. Equipment servicing and overnight equipment storage must be conducted
outside the buffer zone. Equipment must be maintained to prevent leakage
or discharge of pollutants.
11 . * No spill or discharge of petroleum products or other pollutants will occur
within 100 feet of any wetland resource area.
12. * Use or storage of 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.
13. Notice shall be given to 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), address(es), and business and home
telephone numbers of the project supervisor(s) responsible for insuring that
operations are conducted in compliance with this Order.
14. 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.
*ongoing conditions that do not expire upon issuance of a Certificate of
Compliance.
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FAX TRANSMISSION
SALEM PLANNING DEPARTMENT
,f
ONE SALEM GREEN '
SALEM. MAO 19 70
.. 508 745-9595 Ex7. 31 1
FA%: 508 740-0404
S a
To: KC'1 uL Date: 21211q,6
Fax #: 3%2-�l Pages: including this cover sheet.
From: Ceou k
Subject: S�pCi�
COMMENTS:
F yoV iGVe 401 C-Ja, IW'�l , ealilyfc
310 CHR 10.99
DEP Fine No.
_ Cro be Provided by DPP)
Form 3
Gty/I'ovvn Salem
- App)i,,., Wendy's International
commonwealth Department of
of Xasaachusetta Defense
United States
Notice of Intent of America
Under the
Massachusetts Wetlands Protection Act, G.L. C. 1310 540
and
Application for a Department of the Army Permit
Part It General Information
1. '.Lo cation: street Address Peabody and Lafayette Street, Salem, MA
Lot Number Corner
2. ,Project': Type Commercial Description Construction of commercial restaurant
building and including the parking lot and amenities servicing the structure.
3. Registry: County Essex Current Book 12786 ): Page 339
certificate (if Registered Land) N/A
4. Applicant Wendy's International, Inc. Tel. (508) 392-1200
Address 234 Littleton Rd. , Suite 1F, Westford, MA 01886
, 5. Property owner Waterfront Realty Trust, Peter T. True, TrsTel. (617) 329-5151
Address 181 Massachusetts Avenue, Boston, MA 02115
6. Representative John R. Keilty, Esquire Tel. (508) 531-7900
Address 40 Lowell Street, Peabody, MA 01960
7. a. Have the Conservation commission and the Department's Regional office each
been sent, by certified mail or hand deliver, 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 $525.00
d. City/Town share of Filing Fee $275.00 State Share of Filing Fee $250.00
(sent to City/Torn) 0v of fee in excess of t25, sent to DEP)
e. Is a brief statement attached indicating how the applicant calculated the
fee? Yes ❑ No
3-1
Effective 11/20/92
8. Have all obtainable permits, variances and approvals required by local by-law
been obtained?
Yes ❑ NO
obtained Applied For: Not Applied For:
Site Plan Review Building Permit
SRA Review
9. is any portion of the site subject to a wetlands g�strict,�',Qn Order pursuant
to G.L. C. 131, S40A or G.L. C. 130, 51052 Yes U NO LxJ
10. List all plans and supporting documents submitted with this Notice of
Intent.
identifying
Number/Letter Title, Date
Site Plan set of Wendy's at 1 Peabody Street and Lafayette
a Street (Route 1A) in Salem, Massachusetts prepared by
Ryan Engineering dated November 1. 1995 (�i Sheets)
11. check those 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 i waterway* ❑ Isolated
(c) coastal:
❑ Land Under the ocean* ❑ Designated Port Area*
❑ coastal Beach* ❑ coastal Dune
❑ Barrier Beach* ❑ coastal Bank
❑ Rocky Intertidal shore* ❑ Salt marsh*
❑ Land Under Salt Pond* ❑ Land containing shellfish*
❑ Fish Run*
*Likely to involve U.S. Army corps of Engineers concurrent jurisdiction.
See General Instructions for completing Notice of intent.
3-2
12. is the project within estimated habitat which is indicated on the most
recent Estimated Habitat Nap of State-Listed Rare wetlands wildlife (if any)
published by the Natural Heritage and Endangered Species Program?
YES ( ] No ( Xj Date printed on the Estimated Habitat Nap
NO NAP AVAILABLE ( ) (if any) January, 1993
if yes, have you sent a copy of the Notice of Intent to the Natural Heritage
and Endangered Species Program via the U.S. Postal Service by certified or
priority mail (or otherwise sent it in a manner that guarantees delivery
within two days) no later than the date of the filing of this Notice of
intent with the conservation commission and the DEP regional office?
YES [ ) NO [ ]
If yes please attach evidence of timely mailing or other delivery to the
Natural Heritage and Endangered Species Program.
Part IIs Site Description
Indicate which of the following information has been provided (on a plan, in
narrative description or calculations) to clearly, completely and accurately
describe existing site conditions.
Identifying
Number/Letter
(of plan, narrative
or calculations)
Natural Features _
Soils
A (10 Vegetation
A (1B) Topography
open water bodies(including ponds and lakes)
A (1B) Flowing water bodies(including streams and rivers)
A (1B) 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
A (1B) Boundaries of resource areas checked under Part 1, item 11
above
Other
Man-made Features:
A (1B) structures (such as buildings, piers, towers and
headwalls)
A (1B) Drainage and flood control facilities at the site and
immediately off the site, including culverts and open
channels (with inverts) , dams and dikes
A (1B) (1F) subsurface sewage disposal systems
A (1D) Underground utilities
,
3-3
� - H
A (1C) Roadways and parking areae.
A (1B) Property boundaries, easements and rights-of-way
Other
Partail: work Description
indicate which of the following information has been provided (on a plan, in
narrative description or calculations) to clearly, completely and accurately
describe work proposed within each of the resource areas checked in Part 1,
item 11 above.
Identifying
Number/Letter -
(of plan, narrative
or calculations)
Planview and cross section of:
A (1C)
Structures(such as buildings, piers, towers and headwalls)
A (1F) (1D) Drainage and flood control facilities, including.culverts
and open channels(with inverts), dams and dikes
subsurface sewage disposal systems t underground utilities
Filling, dredging and excavating, indicating volume and
composition of material
Compensatory storage areas, where required in accordance
with Part III, section 10.57(4) of the regulations.
Wildlife habitat restoration or replication areas,
Other
Point Source Discharge
' -'A (1C) Description of characteristics of discharge from point
source (both closed and open channel) , when point of
a = discharge falls within resource area checked under Part I,
- item 11 above, as supported by standard engineering
calculations, data and plans, including but not limited to
- the following:
1. -Delineation of the drainage area contributing to the point of discharge;
2. - Pre-and post-development peak run-off from the drainage area, at the point of discharge, for at least
- the 10-year and 100-year frequency storm;
3. Pre- and post-development rate of infiltration contributing to the resource area checked under Part 1,
item 11 above;
<. Estiseted water quality characteristics of pre- and post-development run-off at the point of
= .e
discharge.
A..
3-4
a
Part IV: Mitigsting Meaares
1. Clearly, conpletely and accurately describe. with reference to supporting plans and calculations where
}
{ necessary: -
All weasures and designs proposed to west the performance standards set forth under each
.:.at resource area specified in Part 11 or Part 111 of the regulations; or
(b) why the presuaptions set forth under each resource area specified in Part II or vert III of the
regulations do not apply.
. +a
•jam _
13 coastal a - Resource area Type: identifying number or
$K Inland letter of support
Buffer Zone documents
Erosion control barrier consisting of silt fence A (1E)
, . Wand„haybales.
nR b •
� e
K x
E, d
{ v
❑ coastal ' Resource Area Type: Identifying number or
' ❑ Inlands r4 letter of support
documents
a
r' t�
'� 3-5
❑ 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 reputations; 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 area, specified in Part 11 or
Part III of these regulations.
❑ coastal Resource Area Type Hordered Identifying number or
❑ Inland By 100-Feet Discretionary Zone: letter of support
documents
3-6
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:
See list attached hereto.
6. 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. 8y' x 11' drawings in planview and crose-section, showing the resource
area and the proposed activity within the resource area. Drawings must be
to scale and should be 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.
e_
k"" ! Q4 )� 12/21/95
signature of Applicant h- Date
12/21/95
Sig ture of Asa7-Exception
Represbntative Date
FORM to ENG Form 4345 approved by NDUSACE, 6 May 19821-
100
982"100 (TEST)
1 MAY 82 -This document contains a joint Department of the Army and State 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 Army Corps of
Engineers. OMB Nurber 0702-0036 and expiration date of 30 September 1983
applies". This statement wilt be set in 6 point type.
3-7
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_E 1:25 000 ROAD CLASSIFICATION
0 1 MILE
Primary highway, Light duty road, hard or
3000 LOGO 50Go Boon 7000 FEET hard surface... ..__.. improved surface ...—
0 1 KILOMETER _ Secondary highway,
hard surface Unimproved road_. .__-
INTERVAL 10 FEET
C VERTICAL DATUM OF 1929 �- , 0 Interstate Route OU" S. Route OState Route
.S IN FEET—DATUM IS MEAN LOW WATER MASS. L-
'•EEN THE TWO DATUMS IS VARIABLE
7HE APPROXIMATE LINE OF MEAN HIGH WATER
P TIDE IS APPROXIMATELY 9 FEET Y SALEM, MASS.
NATIONAL MAP ACCURACY STANDARDS QUADRANGLE LOCATION
N4230'—W7052.5/7.i`,ICAL SURVEY.RESTON,VIRGINIA 22092
MAPS AND SYMBOLS IS AVAILABLE ON REQUEST Revisions Shown in purple compiled in cooperation with State Of
Massachusetts agencies from aerial photographs taken 1977 and other 1970
- source data. This information not field checked. Map edited 1979 PHOTOREVISED 1979
AMS 6869 III Sw—SERIES V-
COMMONWEALTH OF MASSACHUSETTS
_ EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
,-
METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE
WILLIAM F. WELD I" �._` RECEI M ED TRUDY CORE .
Governor ^'�? -
.. Secretary
,._ . : FE9 16 1996
ARGEO PAUL CELLUCCI' DAVID B. STRUHS
`lit.Governor" ' —• —. - _ - Commissioner
Salem Maiming Uspt. DEP File # 64-244
,LE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER Salem
DATE: 2/8/96 (city/town)
!'he Department of Environmental Protection has received a Notice of Intent filed
:n accordance with the Wetlands Protection Act (M.G.L. c . 131, §40) :
plicant :Wendy' s International , Inc . Owner :Waterfront Realty Tr. /P . True , Trs .
Address : 234 Littleton Rd. , Suite 1F Address : 181 Mass Ave .
Westford, MA 01886 Boston, MA 02115
Project Location: Peabody & Lafayette Street
IF CHECKED, THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT:
1'. (X) This project has been assigned the following file # : 64-244
::though a. file # is being issued, please note the following:
sill there be any fill placed below elevation 14 .4 . ? Need to develop catch
:)asin maintenance & cleaning schedule . Is a new discharge proposed to
_South River? ... _ .
ISSUANCE OF A FILE NUMBER- INDICATES ONLY COMPLETENESS OF SUBMITTAL, NOT
APPROVAL OF APPLICATION
2 . No File # will be assigned to this project until the following missing
-..reformation is sent to this office, to meet the minimum submittal requirements
in. accordance with the Wetlands Protection Regulations at 310 CMR 10 . 00 :
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 'filincr fee .
copy (s) of pians, calculations, and other documentation necessary
to completely describe the proposed work and mitigating measures to
protect resource areas.
( _ ) copy (s) of an 8;J" X 11"section of the USGS map of the area.
copy(s) of plans showing compliance with Title 5 of the State
Environmental Code, 310 CMR 15 . 00 .
Proof that a copy of your Notice of Intent has been mailed or hand
delivered to the Natural Heritage and Endangered Species Program. .
.vMMENTS :
� (see' page• 2 for additional 'information)
10 Commeree Way • Woburn,Massaehusetss 01801 • FAX (617) 932-7615 • Telephone (617) 932-7600 • TDD#(617)932-7679
APrimed on Headed Paper -
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 13el7ow 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 Environmentala:Protection has
reviewed the plans submitted by the applicant and finds that there is
reasonable assurance that the project or activity will be conducted
in a manner that will not violate the Massachusetts Surface Water
Quality Standards, provided that :
a) the applicant receives and complies with a Final Order of
Conditions from the local conservation commission or the
Department ;
b) the Order of Conditions does not cause the loss of more than
5 , 000 sq. ft . of bordering vegetated wetlands and land under
water and/or the dredging of more than 100 cubic yards of land
under water;
c) any loss of vegetated wetlands has been mitigated with a minimum
replication of 1 : 1; and
d) the project is not exempt from the M.G.L. c . 131, §40 - the
Wetlands Protection Act; is not part of a subdivision; does not
cause the loss of any wetlands designated as Outstanding
Resource Waters; and does not cause the loss of any salt marsh.
Therefore, provided that the above conditions are satisfied, the
Final Order of Conditions will serve as the Water Quality
Certification for this project . This does not relieve the applicant
of the duty to comply with any other statutes or regulations .
2 . ( ) Before the activity described in the Notice of Intent can commence,
you must obtain a water Quality Certification from this Regional
Office . Please complete the enclosed 401 Water Quality Certification
application form and file it with this Regional Office for review.
3 . ( ) Your project involves dredging of greater than 100 cubic yards of
material or requires a permit from the Federal Energy Regulatory
Commission for work in "waters of the Commonwealth. " Therefore, your Y—
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 :Heidi Davis
at (617) 932-7600 .
CC : Conservation Commission ( ) U.S . Army Corps of Engineers
( ) Owner ( ) Coastal Zone Management
( ) DEP Water Pollution Control (X) Representative :John R. Keilty, Esq.
( ) DEP - Waterways 40 Lowell Street
( ) Other : Peabody, MA 01960
2
TRUE
ASSOCIATES
REAL ESTATE DEVELOPERS PROPERTY MANAGEMENT
REAL ESTATE SALES
July 25 , 1996
Wendy' s International , Inc .
MR. KEITH A. HAGUE
234 Littleton Road
Suite 1F
Westford, MA 01886
RE: Concrete and fill left on lot beside Wendy' s
new construction on Peabody Street , Salem, PIA
Dear Mr. Hague,
This is to notify you your contractor'-has-left
concrete and fill from the construction of your new
building on my property.
We want this removed immediately.
Sin e
Peter T. True, Trustee
River Front Realty Trust
cc :City of Salem Planning Board
City of Salem Building Inspector
City of Salem Board of Health
City of Salem ConCom
4
181 Massachusetts Avenue a Boston, Massachusetts 02115 • 617-329-515
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