64-160 - 27 PIERCE ROAD - CONSERVATION COMMISSION G�A1rn � �MitL� . _ 6'� � I(oQ
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Daniel S. Greenbaum 4 okvvn ,/jfa&fac�, 0/901
Commissioner
- November 28, 1989
935-2160 ���
Clayton Smith WETLANDS/SALEM
27 Pierce Road File No. 64-160
Salem, MA 01970 Superseding Order
a- of Conditions
Dear Mr. Smith:
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
Superseding Order of Conditions. Pursuant to the provisions of
Massachusetts General Laws, Chapter 131, Section 40 (the Act) ,
the Department is issuing the enclosed Order of Conditions
allowing the project based upon: 1) information and plans
submitted, 2) information gathered during the on-site inspection
and 3) reasons the Department has deemed necessary to protect
the statutory interests identified in the Wetlands Protection
Act.
The above referenced project proposes the construction of a
single-family dwelling, driveway, and associated activities .
g, The project site, at 25 Pierce Road in Salem, includes the
following Areas of Jurisdiction, as defined at 310 CMR 10 . 00:
Saltmarsh; Land Subject to Coastal Storm Flowage ; and the
100-foot buffer zone to a Saltmarsh. These Resource Areas are
presumed by the Act's regulations to be significant to the
following statutory interests of the Act: Flood Control , Storm
Damage Prevention, Protection of the Groundwater, Protection of
Water Supply, Protection of Wildlife Habitat, Prevention of
Pollution, and Protection of Fisheries.
You, via your attorney, Martha Driscoll , appealed the Salem
Conservation Commission's Order of Conditions denying the
project, because of your opinion that the project as proposed in
the Notice of Intent does contribute to the Act' s statutory
in+o gists, as required by 310 CMR 10 . 00 .
I
Page -2-
64-160 SOC
Chief among your concerns pertaining to the order were that
most of the project was outside the buffer zone; the buffer zone
portion of the project qualifies under 310 CMR 10. 53 (3) (c) as a
limited project; and that the order was inconsistent with
10. 02 (2) and 10. 53 (3) (c) .
After a site visit by Department personnel on November 8 ,
1989 , it is the Department's belief that the proposed project
would indeed be in compliance with 310 CMR 10 . 00 , with minor
modifications, and thus would promote the above-named statutory
interests. This is because: (1) The site itself is at present
a cleared, gently sloping lawn, with all of the project beyond
the buffer zone except for a small portion of the driveway and
the sewer line connection. A properly installed and maintained
silt fence in such a situation, together with common
construction practices, would in the Department's opinion
adequately protect the above-stated statutory interests . (2)
You should be advised that 10.53 or any other "inland"
regulation does not apply to this site; therefore the Department
sees no need to comment further upon these issues of your
appeal.
It is the Department's position that the enclosed
Superseding Order of Conditions allowing the project as it is
now proposed (with added silt fencing) 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 enclosed Order specifying the rights and
procedures for appeal .
If you have any questions regarding this decision, please
contact Mr. Ralph Perkins at 935-2160 .
Very truly y .urs ,
Sabin M. Lord
Regional
Environmental Engineer
SML/rp
Conservation Commission, City Hall , Salem, MA 01970
Martha Drisccil vtun}met and. Iuri e—_t . 2nc. –_ss= S-c: n--
i
Form 5
110`-
rea mwc.a by OEM
_ Salem
• 1�
.� 1{Q{ .L'�. _•- Grr to..n
Smith
-
Commonwealth
of Aassachusetis AODLCLl
r�Al
SUPERSEDING
Order of Conditions
Massachusetts Wetlands Protection Act
-- - - G.L. c. 131 , §40
From Department Of Environmental Prote ti
To Clayton Smith Same
(Name of property owner)
(Name of Applicant)
25 Pierce Rd. , Salem, MA 01970
Address Address
This Order is issued and delivered as follows:
n
Idatel
by hand delivery to applicant or representative on
`x by certified mail, return receipt requested on
November 28, 1989 Idatel
27 Pierce Road
This crojecl is located at
—
Essex
The property is recorded at the Registry o1
Book 5653 Page 743
�enihpz!e jii reg!S leredl
-
- The Notice of Intent for this project was filed on March 17, 1988 tdatel
The public hearing was dosed on May 12, 1988 (Cate)
Findings
The Depai-cment has reviewed the above-referenced Notice Of
Intent and pians and has helc z public heart-no on the protect. Based on the information available to the
Departmen- at this time. the Departmen,. _ has determined that
the area on which the proposed work is to be done is sionificant to the lollowino interests in accordance with
the Presumptions of Significance set lorth in the regulations for each Area Subject to protection Under the
Act Icheck as attoropriate):
❑ PubGc water supoh, �•
Flood control u Land containing shellfish
C. Private water supply L� Storm damage prevention Fisheries
�
Prevention of poRu!!^n Protection of wildlife habitat
Ground water supply Pr
Stiff.? Share
7=1 Filin_ ^ee Submitted —__ (!1; iee in excess of 525) -
CityrTown Share Slate Portion b
Total Refund Due S - Cityiisown Portion
('h total) ('/x total)
5 t
l
I
Therefore, the Department _hereby finds that the following conditions ara
necessary,in accordance with the Pertormance standards set forth in the regulations, to Protect those inter
esis checked above. The Department orders that aC work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that Ilia fol.
lowingconditions 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 slated herein, and with all related statutes and other regulatory meas-
ures.shall be deemed cause to revoke or modify this Order.
2. This 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 oermihee or any other person of the necessity of complying with all
other applicable federal, state or local statutes,ordinances, by-laws or regulations.
a. The work authorized hereunder shall be completed within three years from the dale 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
live 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.
_. This Order may be extended by the issuing authority for one or more Periods of up 1g three vears each
upon application to the issuing authority at least 30 cays 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 de-
bris, 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.
i 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 proceedines before the Department have been completed.
S. 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 reccrded 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 information shall be submitted to the Depar anent
on the fors at the end Pf this Order prior to commencement of the work.
0. A Sion shelf be disDiaved 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 64-160 -
10, Where the Department of Environmental Protection is requested to mako a determination and to issue
a Superseding Order, the Conservation Commission shall be a party to all aoen try proceedings and
hearings before the Department.
it Upon comoiehon of the work described herein, the applic'HiiV;t:uli Iprthwith reg Jest in writing ;hat a
Certificate of Compliance be issued stating that me work has In"n oahsfaclority completed.
12. The work shall conform to the following plans and sperial eonditi:is:
= G I
i
Plans
Title Dated Signed and Stamped by. On File with
Special Conditions (use additional paper it necessary)
See Attached.
(Lea,-Soace Bankl
J �B
r
Special Conditions
File r 64-160
The work shall conform to the following plans and special
conditions, except as they may be modified elsewhere in this
order:
12 . The March 17 , 1988 Notice of Intent, attachments and
accompanying plans, entitled "Site Plan for Wetlands Filing,
General Laws Chapt. 131 SS 40, Salem, Mass. " , one page, by
Carter and Towers Engineering, Inc. , dated as above.
13 . Information obtained at the November 8 , 1989 site visit and
subsequently.
14 . No aspect of this project, including but not limited to
grading, vegetation or fencing, shall at any time alter the
rate or direction of flow of existing water drainage or flow
from or across any portion of the site which is within the
jurisdiction of MGL c. 131, s. 40 .
15. All areas of activity which are within 100 feet of the salt
marsh, to wit the northerly half of the driveway and the
easterly third of the sewer line proposed on the
above-referenced "Site Plan" , shall be separated from the
salt marsh by a fabric filter fence properly installed,
selected and maintained according to recommendations and
practices described in the Soil Conservation Service
publication "Guidelines for Soil and Water Conservation in
Urbanizing Areas of Massachusetts" .
16 . No work shall commence on-site until all appeal periods have
elapsed and an Order of Conditions has been recorded with
the Essex. County Registry of Deeds.
17 . The applicant shall notify the Department and the Salem
Conservation Commission, in writing, 48 hours before any
activity commences on the project site.
18 . The developer or contractor responsible for the project' s
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.
19 . 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 the conditions stated
in this Superseding Order, and may require the submittal of
any data deemed necessary by this Department for that
--,,a!1_1_--ic...
20 . This order shall apply to any successor in control or
successor in interest of the property described in the
Notice of Intent and accompanying plans.
21. The contractor or any other party shall not disturb any
Resource Area (s) other than those identified on the approved
plans.
22 . This Order supersedes all previous Orders issued for the
project, file number 64-160.
DEQE No. 64-160
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 DEQE
File # 64-160 is "categorically exempt" pursuant to the
Implementation of the Massachusetts Environmental Policy Act as
adopted by the Secretary of Environmental Affairs. This project
is "categorically exempt" as the Wetlands Thresholds established
under 301 CMR 11. 26 (7) (a) of M. G. L. Ch. 30 , Sec. 61 to 62H
inclusive, have no- been exceeded.
This finding is only applicable to activities proposed for
the above-referenced file number before the Department of
Environmental Quality Engineering, Wetlands Division. It does
not relieve the applicant from complying with additional
M.E. P.A. rectuirements when applying for permits from other
applicable departments or agencies.
Issued Dy the Dera^•ment ^_t _nvl, mental lo'clect n
Sionatuf e
P
On this day of November. 19 89 , before me
DessOnally aDDeared Sabin M. Lord, to me known to be the person
ncyrinpd In and wno executed Ine Ioreootn0 instrument and OCknowiedged Thal hersne executed the same
as his•her tree ac and deeds 9
1/ 161— 6 16
Not ublic My Commission eaDires
The aoot,cam.the owner,any person agdheved by the su,,m,ding order,any Owner d lana aD,Nmg ine land Udo„which the pt000sed
work R 10 be done.Of any ten Oersons oursuam to G.L.c.MA.110A.are MteOy norified of Inert mom to recruits,an admdic tion,hearing
oursuant to G.L.C.30A, S 10.prdwOtng Me,ea,esl is made by candled mad or,hand,Celrvery to the Depanment.wtn,Ore nomoo^ate thine,lee
and Fee Transmirtal Form as oro+idea in 310 CMR 10 03'77,venin ten 0915 then the net.of issuance of this Suoenedmg Oroel,and is
a0wessea to Docket Clan,.Office of General Couhsef.Daosnmem of Frmmhmental Frmeaivn.Ong Winter Steel.9Cslon,MA 021013.
A Cody of the repues,snail at the same lime Oe sent W CammC mail Or nand delivery to me COnservetgh COnimUtOn,the amolicanl.and any
clear oaf
A Notice Of Claim for an AOludiCatory HearmO shah COmDIy with the Dedamment 5 Rules for AolubtCalory Proceedings.310 CMF
1 O 1IBI and shall contain the lollowrno mformabonl -
tal the DEP wellands Fite Number.name of the aodteant and 11COMM d the protect.
Ib7 the Complete name.address and IefeDhone number Of the mart,fitma the recuest.and.II represented by counsel.the name and
address Of the allomey:
Icl me names and addresses Of all Other Oanies,it known:
Id: a Clea'and concise stalemenl of 1 t I the facts which ate O,oUndS for the prcceeding,f21 the objections to this S,dehsepina Orce'
1Vudin^sneClhcally the manne•in whrcn 11 is alteCeC IO be in Consislem wile me Deoanment'I wenands Repoiatlon5 131 D'=.'O
1 C CO)and does not contribute t0 the Dr Ole Ction of me interests rdertm ed in me Act.and 131 the refle(50,01,1 tin O,Ch the aCr_•-
dcalO,y hearing,inducing si ecibCatly the chances desired in the Suoerseoing order:
(e) a stalemenl M.at a coey of Ne recuest has been sent 10 the avidonnt.the c,hServalmn commmsipn and each other many or red
,esentaWe of such many,it knOwh.
Fadwe to summit all necessary information may result in a dismissal by the Oemanment of the Nonce of Claim lot an Adl,dicalo,V Mearmd
D:v2rL*Rerf_ - prior tan cvmmencem aril et-err.
Detach v1,00111d line and suomlt le me -
..................................................................................................................................................................._.._..................._.....................
To DeLar tmeII: _ron_^.1e-n-tea Pr `e CL1^ _ :ssumg humonn
Please be ats,meO that the Order of Conditions Ie me mreeCl a'
;,is Number has peen recarCe l at Me Regis; y or an„
rias been noted in the Cham,l tihe mf the alleued eODen,in accordance vim General Condmvn B on IP
1l -:--bel ta1C. Ine insbU^en1 n,mCor wmOn.,e-mn.,s in,uansa CtiM Is
11 iand the OCNmani nVmoe' which Identifies Ihq ManSaChVh 15
S.OnatWe ACCIiC and
_ ti7
X
Bill 16 ,iLa
BOOK 9521PG389.
Form 5 i r oEQE I,r HbFtp ,.#, 64,,116Qrt a7
M 6e proviaea by OEDE)
Salem
Commonwealth - Cityirown
a V p Smith
of Massachusetts r,;: i �I .0 1 Appiloant
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
From
Salem Conservation Commission
To Clayton Smith Clayton Smith
(Name of Applicant) (Name of property owner)
i�
25 Pierce Road Address 25 Pierce Road
Address S`
This Order is issued and delivered as follows: c�
❑ by hand delivery to applicant or representative on (date) -,
❑ by certified mail,return receipt requested on (date) —
This project is located at 27 Pierce Road F
The property is recorded at the Registry of Fcce
Book 5653 Page 743
Certificate I if registered)
The Notice of Intent for this project was filed on 1/17/89 (date)
The public hearing was closed on 5/12/88 (date)
Findings
The Commission has reviewed the above referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Commission at this time. the Commission —has determined that
the area on which the proposed work is to be done is significant to the following in 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 ❑ Land containing shellfish
❑ Private water supply ® Storm damage prevention ❑ Fisheries
❑ Ground water supply ® Prevention of pollution ® Protection of wildlife habitat
5.1
Effective 11/1/87
soap 9521PE39O
Therefore, the Commission
hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
Commission
ests 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 fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
THE COMMISSION HEREBY DENIES THIS PROPOSAL:
General Conditions
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas-
ures,shall be deemed cause to revoke or modify this Order.
2. This 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.
6. Any fill used in connection with this project shall be clean fill,containing no trash, refuse,rubbish or de-
bris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires, ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all 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.
G 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Q 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 information shall be submitted to the Commission
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
Fie Number 64- 160
10. Where the Department of Environmental Quality Engineering 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.
1 1 . Upon completion of 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:
5.2
L
r
9521PC391
Plans:
Title Dated Signed and Stamped by: On File with:
'Site Plan For Wetlands Filing Joseph D. Carter March 17 Rev,May 6, 1988
General Laws Chap. TTr SS 0 Conservation Commission
Salem, MA
Special Conditions(Use additional paper if necessary)
PROJECT DENIED:
WORK AS DESCRIBED IN THE NOTICE OF INTENT IS HEREBY DENIED. THE PROPOSAL DOES NOT
AFFORD PROTECTION OF THE INTERESTS SPECIFIED IN THE WETLANDS PROTECTION ACT
REGULATIONS, SPECIFICALLY AS FOLLOWS:
The site is comprised, of the following resource areas which are determined to be
significant to the Act:
Saltmarsh, Sect. 32
The Conservation Commission has determined that the construction necessary to
accomodate the project could not take place without considerable damage to the
adjacent saltmarsh which is significant to the protection of marine fisheries, the
prevention of pollution, and storm damage prevention.
tr
4f
„ r
.........................................................................................................................................................................
(Leave Soaee Blank)
f
5-3A
a
9521PC392
Plans:
Title Dated Signed and Stamped by: On File with:
Special Conditions(use additional paper if necessary)
............ ..................................... ........................................................................ ................... .............
(Leave Space BIankj
5-36
t t,L
BOOK 9521F1393
Issued fay 9A1 Conservation Commission
Signature(s)
c
0
This Order must be signed by a majority of the Conservation Commission.
On this 12 day of May 19 -RR before me
personally appear above named to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the whiadherr klife act and Jdeed.
t,�yst Qt•.k,��r i, �/ V v `••" _
Aug
12,
1994
�• ,{' jfiy Commission Expires A
` �•"' � °r� acs � , My commission expires
{
ir
tit; ant tie p�rner.eat{y person aggrieved Dy Mis Order.arty owner of land abutting the kith upon which the propwed works tobe'dco left i sof Ute city or to"in which such lend Is located we hereby notified of Meir night to request the Department
of vgq'iirl�he° ��rh'Oirfsanng to issue a Super setlmg Order.providing the request is made by cathed mall or hard delivery to
_ the 'n ton'daye h'om the date of Issuance of this Order.A copy of the request shell at the seine time be sent by certified
mad or hantldeIn, tome Conservation Commission and aha applicant.
• 1
Detach an doped line and submit to the Conservation Commission prior to commencement of work.
.•..�.�•.__...^ ..�.^~~ Issuing Authority
To
Please be advised that the Order of Conditions for the project a
File Number has been recorded at the Registry of and
has been noted in the chain of fire of the affected property in accordance with General Condition a on • 19—
If recorded land, the instrument number which identifies this transaction is
If registerec land. the document number which identifies this transaction is
Applicant
Signature
5.4A
sodic 9521FE394 r
Issued by the Department of Environmental Quality Engineering.
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 this Superseding Order,any owner of land abutting the land upon which the pro-
posed work is to be done or any ten peraom pursuant to G.L.c.30A.§1 OA,are hereby notified of their right to request an adjudicatory
herring pursuant to G.L 30A.§t 0.prwav4dinq tha:equuast is made by eertified mad m hand delivery to the Department within ten days
from the date of iuu-- d9 of the Superseding Order,and is addressed to: pocket Clark.Office of General Counsel.Department of
Environmental Quality Engineering.One Winter Street.Boston,MA 02108.A copy of the request shall at the same rime be sent by
n certified mad or hand delivery to the Conservation commission,the applicant.and any other parry.
V A NOsce of Claim form Adjudicatory Hearing shad comply with the DeparsnMCa Rules far Adjudicatory Proceedings.310 CIVIP
1.01181.and shall contain the fdbwvq information: \
(al the OEOE Wetlands file Number,name of the applicant and address of the project:
(b) the complete name.address and telephone number of the pony filing the request,and.if represented by counsel.the name ana
address of the attorney:
ICI the names and address"Of as other parties.if known;
(d) a clear and concise statement of(1)the facts which are grounds for the proceeding,(2)the objections to this superseding Order,
including speciscady the manner in which it is alleged to be inconsistent with the Department's Wetlands Regn:ladnns 1310 CMR
S10.00)and does not contribute to the protection of the interests identified in the Act,and 13)the relief sought Virough the adju-
dicatory 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 rep.
resentmve of such party if known.
1 ` Failure to submit all necessary information may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing.
I� J
S
C
Detach an 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
��ai�inerzG of�'.wv�>2.�ze�ztaG��a�, �ir�ieeeivity,
- = ✓llctro�or!iG`�//J�L -//✓//1 or/Jt/zeasG ��o�
'� cS DEOE
(.9 >I U7WaWe¢CC/t� ✓WCILLI,P/ Nowis
TWE DEPARTMENT Of
ENVAONMENTALPROTECTON
Daniel S. Greenbaum 0a01
Commissioner
935-2160 OCT 1 October 10, 1989
'-: iS89
Clayton Smith ( c3 p; ,aec.hd� ��, WETLANDS/SALEM
27 Pierce Road � "' File No. 64-160
Salem, MA 01970 Site Visit Notice
As you are aware, you have appealed the above-referenced
project filing, construction of a single-family dwelling and
associated activities at 25 Pierce Road.
Please be advised that, under the provisions of the
Wetlands Protection Act, Massachusetts General Laws, Chapter
131, Section 40, and pursuant to the issuance of a Superseding
order of Conditions, the Department of Environmental Protection
has scheduled a site inspection for the project on Wednesday,
November 8 , 1989 at 10: 00 A.M. , with you and all concerned
parties. The purpose of this site inspection is to determine if
the area is significant to the interests of the Act and to
informally discuss the relevant issues.
The Department notes that your project proposal may have
been modified since your submission of the notice of intent.
Therefore, the Department requires that the most recently
revised project proposal (and all plans) be submitted to it by
October 30, 1989 in order that our review may proceed more
expeditiously.
Again, please note that no activity may commence on any
portion of the project site subject to the jurisdiction of
M.G.L. Chapter 131, Section 40, until the Department issues a
Superseding Order of Conditions and all appeal periods have
elapsed.
In the event that the Department determines that the
project as originally proposed protects the interests of the Act
and complies with its regulations, the Department reserves the
right to withdraw its appeal and revert jurisdiction back to the
Conservation Commission.
Original Printed on Recvcled Parer
page 2
64-160
Should you have any questions, please contact Mr. Ralph
Perkins at 935-2160 .
Very truly yours,
1-L6d��yrtx�J-t��
illiam A. Krol o
Wetlands Section Chief
WAK/rp
cc: Conservation Commission, City Hall, Salem, MA 01970
Martha Driscoll , Plunkett and Plunkett, 208 Essex Street
Mall , Salem, MA 01970
A
PLUNKETT&PLUNKETT
ATTORNEYS AT LAW
208 ESSEX STREET MALL
SALEM,MASSACHUSETTS 01970
BARRY W.PLUNKETT OF COUNSEL
CHRISTOPHER L.PLUNKETT ROBERT J.PLUNKETT
CHARLES J.KEILTY (1906-1987)
(Member MA&NH Bar)
MARTHA A.DRISCOLL SALEM(617)7CL2
(M.be MA,NH&ME B.) FAX(617)7G 7%1
BOSTON(617)289-1650
May 12, 1988
Salem Conservation Commission
One Salem Green
Salem, MA 01970
Re: Lot 25 Pierce Road , Salem, MA
Attention: Mr. Moran and Ladies and Gentlemen of the
Conservation Commission :
Per your request, please find the Wetland Impact Report
prepared by Lelito Environmental Consultants. The conclusion
drawn by the specialists is that the proposed construction of a
single family dwelling, with a permeable surface driveway, will
not have any adverse effects upon the Wetlands.
In addition to the Environmental Opinion, it should be
noted that according to 310 CMR 10. 02 : (2 ) (c) , "any activity
proposed outside the scope of 10.02 (1 ) and is outside the
Buffer Zone, is not subject to regulation under the Act and
does not require a filing of a Notice of Intent unless and
until activity actually alters an area subject to protection
under the Act" .
It was determined by Dr. Hugh Mullegan and his
associate Dr. Don Kent at the site meeting of May 5, 1988 , that
the proposed dwelling would be located outside the Buffer
Zone. Therefore, combining the results from the Wetland Impact
Report and the above cited regulation, this project is
technically not within the jurisdiction of the Conservation
Commission.
The driveway, although partially located within the
Buffer Zone, is permitted as a matter of right pursuant to the
Cty_of_Salem_Zoning_ Ogdnancg, Wetlands and Flood Hazard
Districts, Section VII, 3 (g):
Salem Conservation Commission
May 12 , 1988
Page 2
"unpaved access ways or unpaved accessory parking
lots, substantially at grade which are not needed
in conjunction with vehicle or machinery sales,
repairs or storage. "
Therefore, it can be concluded that the petitioner,
Clayton Smith, has satisfied his burden of proof pursuant to
310 CMR 10. 03 (1 ) .
Very truly yours,
Martha A. Drisoll.
L e I I t o E n v i r o n m e n t a l C o n s u l t a n t s
I
1
1
' L e I I t o E n v i r o n m e n t a l C o n s u l t a n t s
' Prepared for:
Mr. Clayton Smith
' 27 Pierce Road
Salem, MA 01970
1
WETLAND IMPACT REPORT
' Mr. Clayton Smith
Salem, MA
' Prepared by:
LELITO ENVIRONMENTAL CONSULTANTS
P. O. Box 324
North Falmouth, MA 02556
(617). 540-9514
83 Pine Street
' Peabody, MA 01960 '
(617) 535-7861
Authorized by: Date /
1
1
tL e I I t o E n v I r o n m e n t a I C o n a u I t a n t s
Wildlife Biologists
' kiiiiiiiiiKQ%Av Wetland Scientists
Complete Environmental Permitting Process
' May 9, 1988
' BY OVERNIGHT MAIL
Mr. Clayton Smith
27 Pierce Road
Salem, MA 01970
' RE:Parcel A, Pierce Road, Salem, MA [ LEC File No. 1180. 01 ]
' Dear Mr. Smith:
In response to your request, Lelito Environmental Consultants
(LEC) has conducted an onsite evaluation of Parcel A, Pierce
Road. The following report is a detailed description of our
findings.
' Briefly, we found that, according to the Wetlands Protection
Act, MGL 131, Section 40 under the Regulations promulgated at
310 CMR 10.00, the proposed activities at Parcel A, Pierce Road
' meet all performance standards set forth. Furthermore, we
included recommendations which the Salem Conservation Commis-
sion may consider when writing their Order of Conditions.
' If you have any questions concerning this project, please do
not hesitate to contact us.
' Sincerely,
LELITO ENVIRONMENTAL CONSULTANTS
' Paul R. Lelito
Principal Scientist
' cc: Carter & Towers Engineering, Inc.
' North Shore South Shore
83 Pine Street P.O. Box 324
' Peabody, MA 01960 North Falmouth, MA 02556
(617) 535.7861 (617) 540.9514
' L e I i t o E n v i r o n m e n t a l C o n s u l t a n t s
' CONTENTS
1 INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 GENERAL SITE DESCRIPTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 . 1 Topography . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
' 2 . 2 Surface Hydrology . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
2 .3 Soils 1
2 .4 Plant Community Characteristics . . . . . . . . . . . . . . . . . . 1
' 3 PROPOSED CONSTRUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
4 POTENTIAL ENVIRONMENTAL IMPACTS . . . . . . . . . . . . . . . . . . . . . . 2
5 CONCLUSION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
' Mr. Clayton Smith [ LEC# 1180. 01 ]
' L e I 1 t o E n v i r o n m e n t a l C o n s u I t a n t a
' 1 INTRODUCTION
On May 9, 1988, Lelito Environmental Consultants (LEC)
' conducted a site evaluation of Parcel A, Pierce Road, Salem,
MA. The purpose of this evaluation was to determine the
potential impacts to the existing resource areas by the
' construction of a single family dwelling.
2 GENERAL SITE DESCRIPTION
' The locus at Parcel A, Pierce Road, Salem, is located west of
Forest River tributary, south of Buchanan Road, east of Route
1A, and north of Forest River. Access to the site was gained
via Pierce Road.
2. 1 Topography
' The topography on Parcel A is characterized by a human
altered, gentle slope, sloping to the southeast which
ultimately drops into the forest River basin.
' 2 .2 Surface Hydrology
The surface hydrology of Parcel A contained no standing
water or depressions capable of supporting water. According
' to the National Flood Insurance Rate Map (FIRM) Community
Panel 2501020005B, parcel A is not in the 100 year flood
zone. Also, under 310 CMR 10. 57 (1) (a) (3) , areas such as
' this are not protected under the new Wildlife Regulations.
2 .3 Soils
' The soils found on Parcel A are disturbed with an introduced
organic layer underlaid by glacial till.
' 2.4 Plant Community Characteristics
The plant community, which dominated Parcel A, was a
manicured lawn. The southeastern portion of the site
contained an unkept area of various grasses and weeds which
bordered on the high salt marsh dominated by salt marsh hay
Spartina patens.
' 3 PROPOSED CONSTRUCTION
The applicant has proposed to construct and maintain a
' single family dwelling and appurnent structures, including;
driveway, utilities and a small porch.
' Mr. Clayton Smith [ LEC# 1180. 01 ] page 1 of 9
' L e I i t o E n v i r o n m e n t a l C o n s u I t a n t a
' May 9, 1988
4 POTENTIAL ENVIRONMENTAL IMPACTS
The proposed structure will be located approximately 100 feet
' from an existing salt marsh and approximately 77 feet from the
top of the Coastal Bank, according to the plan prepared by
Carter & Towers Engineering Corporation, dated March 17, 1988,
revised April 28 and May 6, 1988.
' Following my discussions with Mr. Smith, I understand that the
proposed driveway will be constructed of a permeable material
and dry wells will be located to receive the roof runoff. The
' following data may be helpful to the Salem Conservation
Commission in preparing an Order of Conditions. Other
environmental issues which may be of concern are:
- The location of the home heating fuel storage tank.
-- The location of this structure in a vault or in the
' cellar of the proposed structure would avoid unknown
leakage of fuel oil. ;
- The presentation of the area where grasses and weeds are
' found acts as a buffer to activities in the upland
areas. ;
- The placement of a siltation barriers prior to any
construction activities along the property line to
prevent any unwanted siltation into resource areas.
5 CONCLUSION
' It is LEC's opinion that the proposed activities on Parcel A
preserve the integrity of the existing resource areas. The
salt marsh will not be altered as a result of this activity and
the hydrology of the area will not be significantly altered to
cause any long term detrimental affects to the salt marsh.
' The integrity of the existing coastal bank will not be altered
during construction. The long term affect of the proposed
activities will not detrimentally affect this resource area.
' There are no real flood issues as the project is not in the 100
year flood zone. Dry wells will be installed to receive roof
runoff. The driveway, constructed of permeable material, will
not significantly increase runoff. The completion of this
' project will result in a significant reduction of lawn area.
This will result in a decrease of the potential nitrates and
phosphates, associated with normal lawn care, from entering the
' resource areas.
' Mr. Clayton Smith [ LEC# 1180.01 ] page 2 of 9
1
L e I i t o E n v i r o n m e n t a l C o n s u l t a n t s
' May 9, 1988
APPENDIX A
1
Mr. Clayton Smith [ LEC# 1180.01 ] page 3 of 9
1
' L e I i t o E n v i r o n mental C o n s u l t a n t s
' May 9, 1988
' Curriculum Vitae
PAUL R. LELITO
1
P.O. Box 324
' North Falmouth, Massachusetts 02556
(617) 540-9514
EDUCATION:
Bachelor of Science, Wildlife Biology
University of Massachusetts, Amherst, MA (1970-1974)
' Associate Degree, Arboriculture and Park Administration
Stockbridge School of Agriculture, Amherst, MA (1968-1970)
Creative Writing, Continuing Education
' Cape Cod Community College, Hyannis, MA (1985)
RELEVANT COURSE WORK
' Wildlife: Management of Upland Wildlife, ornithology,
Wildlife Management Techniques, Mammalogy,
Vertebrate Zoology, Entomology; small mammal
' study at Prescott Peninsula, Quabbin Reser-
voir, Petersham, MA; scientific expedition to
Galapagos Islands to observe and study
' indigenous flora and fauna
Fisheries: Techniques of Fisheries Biology; Assisted in
planning and development of under-utilized
' species of fish program for the Cooperative
Extension Service (1979-1985)
Botany: New England Flora, Dendrology, Landscape
Architecture I & II (Taxonomy) , Plant
Pathology, Herbicides, Plant Ecology
Forestry: Forestry and Land Management
' Geology: Physical Geology, Soils Management
1
Mr. Clayton Smith ( LEC# 1180. 01 ] page 4 of 9
' L e I i t o E n v i r o n mental C o n s u l t a n t s
' May 9, 1988
' CERTIFICATIONS AND AFFILIATIONS
Member, Massachusetts Association of Conservation Commissions
' (1984-Present)
Member, Audubon Society (1987-Present)
Member, Ecological Society (1985-1986)
' Habitat Evaluation Procedure (HEP) Certification (1986)
Certificate of Basic Training for Police Officers
' Barnstable County Police Academy, Barnstable, MA (1980)
PROFESSIONAL EXPERIENCE:
' President
Lelito Environmental Consultants
North Falmouth, Massachusetts
' Wildlife ecosystem analysis, wetland delineations, preparation
of environmental permit and license applications for various
site development projects throughout Massachusetts, business
management (1987-Present)
Senior Environmental Planner
Boston Survey Consultants
Boston, Massachusetts
Development site analysis, wetland resource area delineations,
permit preparation and presentation before various local
' Conservation Commissions (1986-1987)
Natural Resource Officer
Natural Resource Department
' Falmouth, Massachusetts
Environmental law enforcement and prosecution, advisor to
Conservation Commission and Engineering Department, wetland
boundary determination, department administrator, representa-
tive spokesman to Town government (1980-1986)
Associate
Assisted State of Massachusetts (DEQE) in promulgating the
policy guidelines addressing MGL 310 CMR 10. 60, Wildlife
Habitat Evaluations (effective 11-1-87)
Chairman
Plympton Conservation Commission (1983-1987)
Guest Speaker
' Bristol County Cooperative Extension Service (1982)
' Mr. Clayton Smith [ LEC# 1180. 01 ] page 5 of 9
t
' L e I i t o E n v i r o n m e n t a l C o n s u l t a n t s
' May 9, 1988
' PROJECT EXPERIENCE
Residential subdivisions
' Bretonwood Farm, Weymouth, MA
Designed and drafted a detailed wetland replication plan;
' identified and mitigated impacts to existing recreational
land use and wildlife habitat
' Satucket Village, Bridgewater, MA
Obtained necessary conservation permits to construct a 24
Lot residential subdivision; assisted in designing a
' subdivision plan that would preserve the environmental
integrity of the existing resource areas on the locus;
designed a wetland replication plan which incorporated an
exhaustive study of the hydrology and floristic characteris-
tics of the site
Industrial Subdivisions
' Finnell Industrial Park, Weymouth, MA
Proposed a plan which mitigated the impacts from alterations
of existing wetland resource areas, noise pollution,
aesthetics, and traffic by providing a vegetated boundary
screen which created a buffer between the industrial park
and the abutters; designed a wetlands replication plan and
wildlife assessment which discussed the potential impacts to
existing wildlife resulting from the proposed project
Industrial Park, Wilmington, MA
Prepared a detailed report describing the existing resource
' areas and their floristic characteristics, including plant
species composition, relative abundance and density;
delineated the vegetated wetland boundaries on the site
' New Salem Street Industrial Park, Wakefield, MA
Conducted a site assessment and evaluation which included
detailed measurements of the floristic and physical
characteristics of the wetland resource areas proposed to be
altered
' Mr. Clayton Smith ( LEC# 1180.01 ] page 6 of 9
' L e I i t o E n v i r o n m e n t a l C o n s u l t a n t s
' May 9, 1988
' Additional Projects
Tennessee Gas Pipeline
' Duties include resource area descriptions and delineations,
presentations at public hearings, supervision of construc-
tion, coordinated filing of Notice of Intent applications,
' review land survey data
Beaver Mitigation - Methuen, MA
' Provided biological information regarding the habits and
habitat of an existing beaver colony to enable the Methuen
Conservation Commission to evaluate the impacts of nearby
pipeline construction; performed research and site assess-
ment of beaver activities and prepared written report of
findings which were presented at several public hearings
' Municipal Sewer System - Falmouth, MA
Compiled planting and construction schedules for alterations
in wetland resource areas throughout the municipality
Shopping Malls - Shrewsbury, Berkshire, and Kingston, MA
' Conducted detailed floristic evaluations; site evaluations
of existing plant communities, including upland and wetland
vegetation; delineation of all existing wetland resource
area boundaries; prepared detailed reports describing plant
' species composition, topography, and soils
Hatch Harbor Dike - Provincetown, MA
' Determined the boundaries of the existing wetland resource
areas associated with the proposed reconstruction of the
breached Hatch Harbor Dike, adjacent to the Provincetown
' Airport; determined boundaries of existing flood zones,
coastal banks, coastal dunes, and a salt marsh; proposed to
increase the flow of salt water into the inner harbor,
' thereby, limiting the suitable environment for the continued
invasion of non-desirable freshwater plant species,
principally, Phragmites sp•
' Mr. Clayton Smith [ LEC# 1180. 01 ] page 7 of 9
' L e I I t o E n v i r o n m e n t a l C o n s u l t a n t s
' May 9, 1988
' Curriculum Vitae
MYSTERE R. ROLAND
32 Meadow Lane #9
Bridgewater, MA 02324
' Office: (617) 585-9253
PROFESSIONAL EXPERIENCE
Lelito Environmental Consultants
Plympton, MA
April 1988-present
' Environmental Planner
Coordinate protectable resource area delineations under the
Massachusetts Wetlands Protection Act
' Technical writing: Project Proposals, Wetland Delineation
and Replication reports, Wildlife Replication reports.
t us Peace Corps
Belize, Central America
1985-1987
Appropriate Technology Officer
' Coordinated, implemented and evaluated an Appropriate
Technology Program in district communities and schools.
Program emphasis on water resource conservation and
development.
Denise Duffy & Associates, Inc.
' Monterey, CA 93940
1985
Environmental Consultant
' Conducted site and plan analysis; prepared Environmental
Impact Reports utilizing Federal, State and local laws/poli-
cies in coordination with public and private agencies
' Larry Seeman & Associates, Inc.
Pebble Beach, CA
1985
Environmental Analyst
' In coordination with State and local agencies, coordinated
and implemented mitigation measures for development of
' ocean-side resort, Spanish Bay, Pebble Beach, CA
Mr. Clayton Smith [ LEC# 1180.01 ] page 8 of 9
1
' L e I I t o E n v i r o n m e n t a l C o n s u l t a n t s
' May 9, 1988
' EDUCATION
University of California, Santa Barbara, CA
' Department of Environmental Studies
Bachelor of Arts in Environmental Studies
(1982-1984)
' Thesis: J.P.Burns California State Park Hydroelectric
Facility Feasibility Study. Developed for and utilized by
the California Department of Parks and Recreation
' Monterey Peninsula College, Monterey; CA
California Energy Commission: Institutional Building and
Facility Conservation Energy Audit Program
1984
Baker University, Baldwin City, KS
1980-1982
' Concentrations: Math, Science, Art Education
AFFILIATIONS AND ASSOCIATIONS
tMember, American Planning Association (1988)
USDA Soil Conservation Service
' District of Plymouth, Middleboro, MA
Soil Conservation Technician - Volunteer (1988)
Domestic Technology International, Inc.
' Evergreen, CO
Appropriate Technology Officer - Trainee (1985)
Community Environmental Council, Inc.
' Santa Barbara, CA
Research/Analyst - Intern (1984)
' Mr. Clayton Smith [ LEC# 1180.01 ] page 9 of 9
WIETINGS' HEARING November 10, 1988
My name is Joyce Salvo. I reside at 12 Loring Avenue and I own property
on Pierce Road that abuts the Wietings' property.
I expect, in the very near future, to petition this board and the Planning
Board to develop a portion of Pierce Road so that I will be able to reach
my property.
I want to go on record as objecting to this petition for the following
reasons:
1. The Wietings' notice in the Salem News was misleading. The
notice stated gardens located on 14 Buchanan Road, which gives
the impression of being on the property belonging to the
Wietings. In fact, the gardens are located on the Paper
Street, Pierce Road, which is CITY-OWNED PROPERTY.
2 . I believe abutters are supposed to be notified of Public
Hearings. I am an abutter to the Wietings' property and was
not notified.
3 . The Notice of Intent filed by the Wietings, as of Tuesday,
November 4, 1988, is inaccurate.
In Part I, #1 Location: Street Address and Lot #, they had
14 Buchanan Road, Lot #318.
The gardens are located on Pierce Road, City-owned property,
in front of 1 Pierce Road, with NO Lot # .
In question #5, the Property Owner, Telephone, and Adress were
left blank. Why?
4 . Has the owner of the area in question, City of Salem, since
it is not the person making such request, been given written
notification of the project?
5. I would like to read a portion of a letter, addressed to me,
from the Chief Assessor, Peter Caron, dated August 2, 1988,
RE: Pierce Road:
"Based on the available records in the Assessors'
Office, the road layout has been in existence on
our tax records since the original subdivision
plan was filed on August 1, 1907. At no time
since then is there any indication that any
part of the street layout has been removed
and assessed as private property. "
Also if this petition is approved:
- You will be allowing the applicants' to use City-owned
land without compensation to the city, 10
- You will be extending the applicants' property,
- And you will be setting a precedent.
Those are the reasons why I object to this so emphatically.
I request that these comments be included in the minutes of the meeting.
jj RECEIVED
NOV
SALEM PL""llilll 6 DEPT.
clx c� a—D 4�L jo
( 11 II p I I
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J
S I�aJJ stn.,f .��i��� r�o j1 1�� c��� c f
1o.99: continued
.+.`
Form] - OEOC File r+e. --
(1: y
Commonwealth �eq,�
ti
of Massachusetts t�� �1, On
, „Ta Salem
V Clayton Smith
y Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part C General Information -
1. Location:Street Address 25 Pierce Rd. Salem -
Lot Number _Parcel B
2. Pro(ec::Typs .Buffer Zone .Deacnption Construct a dwelling, utilities and
: driveway for the applicant.
3. Re;:stry:CountyEssex So. Dist. Current Book 5653 _&Pape 743
Certificate(0 Registered Land) Original parcel - Parcel "B is a subdivision
not recorded to date.
d. Applicant Clayton Smith Tei. . .
Acdress' 27 Pierce Rd. , Salem, MA 01970
5. Properly Owne• same as above - Tei.
.. Address
6. Aepresentalive Joseph D Carter/Carter & Towers Engr Corp Tel. 592-8386
Address
6 Fairview Ave. , 'SwmVscott, MA 01907
- - ' - - -
7. Have the Conservation Commission and the DECfi Regional oiiice eac`peen sent.by certified mail or
-hand astivery.2 copies of completed Notice of Intent.with su6porting ptans and documents?
:. Yes L No C : ..
2-1
-
(V!ective 1:/1/87) - 310 CMR
,10.99: continued ..
8. Nave as ootamabie permits.variances and aeorovas required by local by-law,been ootained7
Yes C NO -
Obtained: Acdlietl FOr: No[A0064a For
Variance
Room
f '
9. Is any portion of the site sublOV to a wetlands Resincdon Order bursuant to G.L C. 131. §a0A Or G.L
C. 130. §1057 Yes C. No C - -
10.Ust all clans and sucbortinq documents submitted with this Notice of Intent. -_
Identifying in
Number.Lelier - Tille.Date -
"An U.S.G.S. Quadrangle Map
^gn Flood Insurance Rate Map 1977
°cn Site Plan - 3/17/88
11.Cnecn:hose resource areas witrin wnich work is arcoosec:
lel$ Ouaer Zone
(bl lmand: - -
eank• LantlSubRc:toFlooa:n;. - -
Soroeing vegetated weuanc• Bordering - _ fu
:.: Lana Under water Body 8 waterwayG Isolated
Ic!Coastal
-C Land Unoer the Ocean* C Designated Port Area* Pi_
O Coastal Beach C Coastal Dune
C Banner Beach - L Coastal Bank
Rocky Intertidal Shore' O Salt Marlin•
Land Under Salt Pond• C: Land Containing Shellfish.
G Fan Run
Ukety to involve U.S.Army Cores of Engineers cencupenf lwied•ctwn.See General Instructions for
Comoteting Notice Of intent.
3.2
10i:6i87 (Ef'ective 11/1/87) 3:0 CMA - :80.18
10.99: continued
Part n:Site Description
Indicate wn,ch of the following information has been provided (On a Dian, in narrative description or,eatcuH•
tions)to cleWy,completely and accuratety describe existing site conditions.
Identifying - -
Number/letter
(of plan,narrative
or calculations)
Natural Features:
NSA Solis
A, C vegetation
A, C Topography -
A R-.C Open water bodies(including ponds and lakes) -
PA
A.R.0 Flowing water bodies(incluoing streams and rivers) -
_.N/A Public and ornate surface water and ground water supplies on or within 100 feet of site _
N/A Maximum annual ground water elevations with dates and location of test
C Boundaries of resource areaIs chocked under Part 1,item 1 1 eoove
0 Other
Man-made Features: -
A, C Struc:ures fsuce as ouildinps, piers.towers and headwailsl
N/A Drainage ano.flood con trot facilities at the site and immediately off the site.me:ubmQ-
culverts and Open Channels(with unvensl,dams and dikes
Municipal C Subsurface sewage disposal systems
CUnderground utilities
- Roadways ano barking areas -
Property DOuncanes,easements and nQhts•Of•way
0 0th!'
Part 111:Work Description - - -
Indicate which of the following information has been provided Ion a Dian.in narrative description or caicuta•
tions)10 cleany, pmeieteiy and accurately describe work br000sec within each of the resource areas -
cheeks!in Par:1,item 1 1 above. PE
'fdentifyie; -
Di 'Vie,
(01fOU'..namalive
or caiculahons) -
P!anview and Cpcss Section of:
C Strut ores tsucn as buuctngs.piers.towers ane heabwansi
C Drainage ane!iood control!aGLbls.Inc:uoing culverts and open cnannem(wttn mve,:s;,
Cams and dikes
C -'Subsurface sewage disposal systems d underground utilities -
C
Filing,dredging and excavating.intllplinq volume and cOmpOsiliOn of material
- Compensatory storage areas,where reouned in adcorgance with Part III,Section 10:37 -
(A)of the regulations
0 - - Wildlife habitat restoration or replication areas
None Othv
Point Source:Drscr+arce - - - -
Description Of cni73c1e11311C3 of discharge from point source(both closed and Open
channel),when poral Of discrarge falls within resource area checked under Part I,item
11 &Dove.as supported by vancartl engineering calculations.Osla and plans.including
but not limited to the!ollowmg:
3.a
10/16/87 (E.r:ective 11/1/87) 310 CMR - 380.:0 '
10.99: continued -
1. Delineation of the drainage area contributing to the point of discharge:
2. pre.and Dost-devebDment peak run-Off from the drainage area,at the point of discharge.for at leas::he
I0•yaw and 100•yearfreauency storm:
3. Pre.and Dost-development rale of infiltration contributing to the resource area chocked under Part I,dem
11 above:
A. Estimated water quality Characteristics of pre.and post-development run-off at the point of discharge. _
Part IV:Mlllgeling Measures -
1. Cleary,completely and accurately describe,with reference to su00ortmg plans and calculations where
necessary:
(al AD measures and designs proposed to meet the.performance standards set forth under each re-
source area specified in Part 11 or Pan III of the reputations:or
(b) why the presumptions Set forth under each resource area specified in Part II or Part III of the regula•
tions do not sooty. - - --
.I a'Cw3uY Asawlce Ma Type: 110"Idpn9 n^00,er nue•
ilvenC OI evppen epCV�nfnU
Basement floor shall be 0.5' above 100 year flood C
level.
Marsh area to be protected from silt or trespass
by the--judicious placement of hay bales.
t = Coesu• Anomce ern type. I Wemdpna nVrgoe o •ane•
— MienC el lvgprl de ��f':S
i
1
' ..3.5
10/1.6/87 (Effective 11/1/87) 310 CMR - :80.:
310 CMR: DEPAR?MEY OF ENVIRON ME-"..:..v��_• . -
10.99: continued
"to TyO.. IeOMJv.nQ piner o Nlir
POYIY AtIP/Ca 01 ayppO�OOC�N�If -
2. Cleany.comoleteiy and accurately desc.itie,with reference to suodorting plans and calculations where P" -
necessary:
(al all measures and designs to regulate work within the Suffer Zone so as to ensure that said work
does not alter an area specified in Part t,Section 10.02(1)(a) of these regulations: or
PM
ID) if work in the 9uffe•Zone will alter such ar.area.all measures and designs proposed to meet the
performance standards established for the adjacent resource area specified in Par:.11 or r
Part III of these regulations.
Cwa�r Ppwna 4aa'reY9orarw BY t00•Fool pucfO Wnry 2me I Wamdpnq finer or wit,
nwe er wovon aocomenn I
I PM
I
Pi
. I l
J8
.10/16/8: (Effective 111:/6:) 310 CMR - 280,]2 _ -
710 CMR: DEPARTMENT OF E.NVIRONME.NTAL QUAIrTY E.NCINEERINC
10.99: continued -
Part V:Additional Information for a Department of the Army Permit -
1. COE ADpkcabon No. 2
(to be orovicec by COE) (Name of waterway)
3. Names and addresses of property owners adjoining your property: ..
a. . Document other project all ernatfves(i.e..other locations and/or construction me thoes. particularly:nose _.
that wouic eliminate the ddcnarge of arecgec or fill material Into waters.or wetiancsl.
S• 816- a 11'drawings in olanview and eross•seclion•showing the resource area anti the Drcoosec ac::v
ity within the resource area. Drawings must be to scale and should De clear encugn for photocccyn;.
Unification is iecuired.from the Diyision.ol Water Pollution Control before the Feaeral permit can be -
issuec.Certification may be cotaineo by contacting the Division of Water Pollution Control.1 Winter Svee
Boston.Massachusetts 02108.
Where the aClivity will lake place within the area under the Massachusetts approved Coastai Zone
Management Program,the applicant certifies that his proposed activity complies with and will be concuc:ec _
in a manner that is consistent with the approved program.
Information provided will be used in evaluating the application for a permit and is mace a mane!o'cucic
recti ' tin-ugl1 issuance of a_Public notice.Disc:esure o1 this inlc•-mabon.is Yowri a.•y,h wever,'-ecessa7v
information is not-roviceo.the application cannot be processed nor can a permit De 'ssuec.
l Ne _cy Le^ify once':he pans and penalties 0:certury t •the fore;omg Notice of Intenr and
plans c . en: anc support! ca:a are :rve anc tete.to I e Des:of my knowiec;e.
01
3
jSn'aa
pf A. .loan Date. - - -
7 �8 :
of ADAant's Representative Cato
M -t....i.e. . Lrc fo e. u.{ .. e11raout.tc.4 Me? 1912-100 ITESiI ...
1 MAY 82 T. d... . n o . . . n. • .e . 11. . 1 .. n nN u•..
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.I L.....oe am Mub. 111]..1]. u. n..3... 4..•.1 ID 1gv...r qtl en•u." Th..
mab.e .dl .e b. •. • n Np. -
10ri8%E' (Effective 11/1/87) 310 CMR :80.:3
1
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Commonwealth APPENDIX A
of Massachusetts
(� t0
I NOTICE OF INTENT (FORM 3)
and
ABBREVIATED NOTICE OF INTENT (FORM 4)
Massachusetts Wetlands Protection Act
G.L c. 131, Section 40
This Appendix must be completed by applicant prior to the filing of a Notice of Intent or Abbreviated Notice of
Intent under the Act, if proposed work would alter a resource area which is located on the most recent
Estimated Habitat Map(if any)of"occurrences"of state-listed animal species provided to the conservation
commission by the Natural Heritage and Endangered Species Program("the Program"). Please attach to
this Appendix a copy of an 81/2"x 11"section of the USGS quadrangle map of the area of the proposed work
containing sufficient information for the Program to locate the portion(s)of the wetland resource areas)to
be altered. Please deliver this material by certified mail or hand delivery to the Natural Heritage and
Endangered Species Program, Division of Fisheries and Wildlife, 100 Cambridge Street, Boston,
Massachusetts 02202.The Program must have received this material 90 days or less prior to the filing of a
Notice of Intent or Abbreviated Notice of Intent,and proof of timely receipt of this material by the Program
must be filed along with such notice.
1. Location (Street Address, City/Town) 25 Pierce Road , Sala., MA m g7n
2. Applicant Clay= Smith
Address 27 Pierce Road Salem MA_ n1g7n
Telephone 745-5527_
3. Property Owner Clayton Smith
Address 27 Pierce Road. Salem. tM 01970
Telephone 745-5521
4. Applicant's Representative Martha A. Driscoll and Joseph D. Carter
Address 208 Fssex Strept, Salam aryl f; Fnirc.iold7�17o Cw=,.;rntt MA
Telephone 744-2444 592-8386
5. Name of attached USGS quadrangle map _ Tit Quad,argia
Signature of Property Owner(or documentation Date
demonstra ',� rshi terest)
1-l'�
1 hereby certify un r the pains and pe alties of perjury that the foregoing information and accompanying
material are true and complete, to the best of my knowledge, and that they are being filed solely for the
purpose of complying with Section(s) 10.37 and/or 10.59 of the Wetlands Protection Act Regulations(310
CMR 10).
Signa re ppli nt Date Signature of Representative Date
Effective 1/1/87
a
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 (X] Date printed an the Estimated Habitat Map issued
NO MAP AVAILABLE [ ] (if any)
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 [ ]
3.3
i
Commonwealth APPENDIX A
of Massachusetts
t0
NOTICE OF INTENT (FORM 3)
and
ABBREVIATED NOTICE OF INTENT (FORM 4)
Massachusetts Wetlands Protection Act
G.L c. 131, Section 40
This Appendix must be completed by applicant prior to the filing of a Notice of Intent or Abbreviated Notice of
Intent under the Act, if proposed work would alter a resource area which is located on the most recent
Estimated Habitat Map(if any)of"occurrences"of state-listed animal species provided to the conservation
commission by the Natural Heritage and Endangered Species Program("the Program'j. Please attach to
this Appendix a copy of an 8'/e"x 11"section ofthe USGS quadrangle map of the area of the proposed work
containing sufficient information for the Program to locate the portion(s)of the wetland resource area(s)to
be altered. Please deliver this material by certified mail or hand delivery to the Natural Heritage and
Endangered Species Program, Division of Fisheries and Wildlife, 100 Cambridge Street. Boston,
Massachusetts 02202.The Program must have received this material 90 days or less prior to the filing of a
Notice of Intent or Abbreviated Notice of Intent,and proof of timely receipt of this material by the Program
must be filed along with such notice.
1. Location (Street Address,City/Town) 25 Pjercp gnarl, Rajp , Mn m97n
2. Applicant Cl;;v-nn Smith
Address 27 Pi r BMd-- SAI M MA 01 970
Telephone 7A5-5521
3. Property Owner Clanton Smith
Address 27 Pierce Road Salem, PRA 01970
Telephone 745-5521
4. Applicant's Representative Martha A. Driscoll and Joseph D. Carter
Address 208 Pggex 4trPet, 4alm and CyaiY' Jog Aire , qWa qC—rtt, MA
Telephone 744-2444 592_83R6
5. Name of attached USGS quadrangle map T.ynn Q�rlrlraagla
Signature of Property Owner(or documentation Date
demonstraf o rshig9ttterest)
I hereby certify un r the pain s and pe allies of perjury that the foregoing information and accompanying
material are tru and complete,to the best of my knowledge,and that they are being filed solely for the
purpose of complying with Section(s)10.37 and/or 10.59 of the Wetlands Protection Act Regulations(310
CMR 10).
Signa Ire pplliicam t / Date Signature,of Representative Date
Effective 1/1/87
I
M.coKNrA Ctv of 211C11i� r` t155cac4115Cl#5
+ Office of tlic It Council
CHU pall
LEONARD F.O'LEARY WARD COUNCILLORS
1987
COUNCILLORS-AT-LARGE PRESIDENT GEORGE A.NOWAK
1987
JOSEPHINE R.FUSCO KEVIN R.HARVEY
ROBERT E.GAUTHIER CITY CLERK VINCENT J.FURFARO
FRANCES J.GRACE
LEONARD F.O'LEARV
NEIL J.HARRIN GTON
JEAN-GUY J.MARTIN EAU
RICHARD E.SWINIUCH
GEORGE P.MCCABE
JOHN R.NUTTING
April 14 , 1988
Mr. Philip Moran, Chairman
Conservation Commission
City of Salem
Salem, MA 01970
Dear Mr. Moran :
As mentioned prior, I have a schedule conflict with your Conservation
Commission meeting, April 14 , 1988.
I do have some concerns with Mr. Clayton Smith ' s application to
build a single family house next tn his present home.
I am very concerned with the increased run-off that will be created
by this structure and the pavement that will have to be layed. The
Forest River and much wetland vegetation abuts Mr. Smith' s property.
What possible damage will the increase run-off do tothis area? Will
the City Engineer request Mr. Smith to build a street with sidewalks
and drains as he is asking of others? How will any pavement affect
the sewer line placed in front of Mr. Smith' s house a few years back?
Finally, the Board of Appeal minutes of December 17, 1980 set
conditions that I hope will continue to be met . I quote , "Mr. Feeherry
moved to grant a variance from the applicable sections of the Flood
Hazard regulations with the following conditions :
1. There be only one single family house on the lot containing
24, 520 sq. ft . "
The above .would^ grant a variance from applicable sections of the
Flood Hazard regulations. My question is, does the Conservation Commission
have the ability to enforce their condition set back in 1980?
I request that the above concerns be entered into the minutes
and that the residents at this meeting make public their concerns
pertaining to the wetlands.
Sincerely,
Mark E. Blair
Councillor Ward Seven
MEB/cmp
NOTICE OF MEETING
TO: Abutters to the Pierce Road lots of Mr. Smith and
Mr. Salvo
WHEN: Sunday March 27 , ] 988 3 P.M.
WHERE: 27 Pierce Road Salem, MA.
Mr. Salvo and I are in the process of scheduling meetings
with the Conservation Commission and the Planning Board.
On March 27th, we should have available engineering plans
and related documentation which will be presented to both
Boards .
You will be invited to view the documents and invited to
ask any questions you may have regarding either or both
projects. This notice will be sent or delivered to abutters
only. However, if you know of any other person interested
in attending, they are cordially invited also.
Clayton W. Smith
I
GULF OF MAINE RESEARCH CENTER INC.
ENVIRONMENTAL CONSULTING SERVICES
27 CONGRESS STREET
SALEM, MA 01970
(617) 745-6618
FAX (617) 741-8648
April 14, 1988
Mr. Phillip Moran, Esq.
Chairman
Salem Conservation Commission
Salem, MA 01970
Dear Attorney Moran:
As an instructor in the Biology Department of Salem State
College for several years, I frequently led class field
investigations into the Forest River Marsh area. During this time I
became very familiar with the area and the flora and fauna it
supports. It is my opinion that the Forest River Estuary system
represents a unique area in Salem which warrants special
consideration and protection. Any development adjacent to this area
has the potential to adversely affect the wildlife which utilizes
the area. Wildlife which the area supports includes numerous
species of birds, including egrets and herons, as well as many fish
species which require estuarine waters for spawning.
Please do not hesitate to contact me should you have any
questions.
ncerely,
A,, EQ A, ( „" rI----
ald M. Kent, Ph.D.
Wildlife Biologist
PICKMAN PARK ASSOCIATION
Salem, Massachusetts 01970
APF' 27 i<< ,3
April 21 , 1988
W.
Philip Moran, Chairman
Conservation Committee
Salem, MA 01970
Dear Mr . Moran:
We, Claire and James Glick , Carol and Paul Perry, Susan
and Richard Cassell , Kerry and David Fladger , officers of The
Pickman Park Association, personally oppose any and all further
construction on Pierce Road, and any and all construction that
will affect the wetlands located in that area.
We feel this proposed construction will irreparably upset
the ecological balance in this area and will permanently harm
the playground and beach area enjoyed by the children of
Pickman Park .
We strongly urge the Conservation Commission, Planning
Board, Board of Appeals , the City Council , Mayor Salvo, and Ehe
residents of this neighborhood to take whatever steps are
necessary to prevent this proposed construction.
We must preserve these natural resourc.es for our
children. Please protect our interest .
Very truly yours ,
Claire Glick
James Glick
Carol Perry
Paul Perry
Susan Cassell
Richard Cassell
Kerry Fladger
David Fladger
1
PLUNKETT&PLUNKETT !�
ATTORNEYS AT LAW R L C - 1 g
200 ESSEX STREET MALL bn �-.. p� E u
SALEM,MASSACHUSETTS 019p7�0 it/IV 6 1988
BARRY W.PLUNKETT CiT'1y 1,""',*'ply, OF COUNSEL
CHRISTOPHER L.PLUNKETT
�'Lfl'du5Ti5��� ®$ ROBERT J.PLUNKETT
CHARLESJ.KE1LTY C a� (19061g97)
(Member MA&NH Bar)
MARTHA A.DRISCOLL SALEM(617)7441440
(Member MA,NH&ME Bar) FAX(617)7447961
BOSTON(617)18?1650
June 2 , 1988
Salem Conservation Commission
One Salem Green
Salem, MA 01970
Re: DEQE File No, : 64-160
Salem Conservation Commission Order of Conditions
Applicant - Clayton Smith
Dear Mr . Moran and Members of the Conservation Commission:
Enclosed please find a copy of the Appeal of the Order of
Conditions and a request for a Superseding Order of Conditions.
Should you have any questions concerning the foregoing, please
do not hesitate to contact me.
Thank you.
Very truly yours,
MARTHA A. DRISCOLL
MAD/bjs
Enclosure
VIA Hand-Delivery
L
1
COMMONWEALTH OF MASSACHUSETTS
ESSEX, SS.
CLAYTON SMITH
Vs. * APPEAL OF ORDER
* OF CONDITIONS
CONSERVATION COMMISSION OF
THE TOWN OF SALEM
***********************************
FACTUAL BACKGROUND
The Appellant, Clayton Smith, is the owner of a parcel
land which has 24,520 square feet located on Pierce Road in
Salem, Massachusetts (the "Land" ) . There is the Forest River
with a Salt Marsh running Northerly along the front of the
property (the "Marsh" ) .
On March 17 , 1988 , the Appellant filed a Notice of Intent
with the Conservation Commission regarding the proposed
construction of a single family dwelling.
The Petitioner appeared before the Conservation
Commission, at a Public Hearing, April 14 , 1988 , at which time
recommendations were made by the Chairman, including the
relocation of the driveway and to change the driveway surface
to a lyn-pac, permeable surface.
On April 28 , 1988 the Petitioner appeared again before
the Conservation Commission with a new plan reflecting the
previous recommendations. It was decided to revisit the
premises .
�1 •.L
May 5, 1988, the Conservation Commission had a site visit
at 25 Pierce Road. The Petitioner staked out his proposed
driveway and foundation on the lot . Present at the meeting
were Dr. Hugh Mullegan and Dr. Donald Kent, who assisted in
determining the. location of the Salt Marsh . From that data it
was possible to determine that the proposed single dwelling was
positioned outside the Buffer Zone. A small portion of the
driveway approximately 18x60 is situated within the Buffer Zone.
May 12, 1988 , the Petitioner, Clayton Smith appeared
before the Conservation Commission with his newly revised plan
and the Commission denied him an Order of Conditions. A copy
of which is attached hereto marked as Exhibit A.
APPEAL OF ORDER OF CONDITIONS
The Appellant, pursuant to Massachusetts General Laws
Chapter 131 , Section 40 (The Wetlands Protection Act) and
regulations thereunder, 310 CMR 10 . 00 et seq. as a person
aggrieved hereby appeal the Order issued on May 24 , 1988 by the
Conservation Commission, and cite as reasons therefor the
following:
1 . The Order is unreasonable in that the proposed
single dwelling is outside the Buffer Zone.
According to 310 CMR 10 . 02 ( Z ) (C) "any activity
outside the scope of 10. 02 (1 ) and is outside the
Buffer Zone, is not subject to regulation under the
Act. . . . "
2. The Order is unreasonable in that only a small
section of the lyn-pac, permeable driveway is in the
Buffer Zone. Accordinq to 310 CMR 10 . 53 ( 3 ) (c)
-2-
which permits the allowance of a limited project.
"The construction and maintenance of a new roadway
or driveway of minimum legal and practical width
acceptable to the Planning Board , when reasonable
alternative means of access from a public way to an
upland area of the same owner is unavailable. Such
roadway or driveway shall be constructed in a manner
which does not restrict the flow of water. "
3. The Order is inconsistent with the M.G.L. Chapter
131 , Section 40 and the Code of Massachusetts
Regulations more specifically 310 CMR 10 . 02 ( 2 ) (c)
and 310 CMR 10. 53 (3 ) (c ) .
The Appellant by this Appeal hereby requests that the
Department of Environmental Quality Engineering conduct an
appropriate on-site inspection and issue a Superseding Order of
Conditions.
Respectfully Submitted,
Clayton Smith
By his Attorney
Martha A. Driscoll
PLUKETT & PLUNKETT
208 Essex Street
Salem, MA 01970
(617 ) 744-2444
-3-
PLUNKETT & PLUNKETT
ATTORNEYS AT LAW
208 ESSEX STREET MAIL
SALEM.MASSACHUSETTS 01970
i
BARRY W.PLUNKETT OF COUNSEL
CHRISTOPHER L.PLUNKETT ROBERT J.PLUNKETT
CHARLES J.KEILTY 09061981)
(Mcmkr MA&NH Bar)
MARTHA A.DRISCOLL SALEM(617)7a-MH
(Mcmbcr MA.NH&ME Bar) - FAX(617)70.7%i
BOSTON(617)289-1610
May 31, 1988
VIA HAND-DELIVERY
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
Department of Environmental Quality Engineering
Northeast Region
Five Commonwealth Road
Woburn, MA 01801
Re: DEQE File No: 64-160
Salem Conservation Commission Order of Conditions
Applicant - Clayton Smith
Dear Madame/Sir:
In refernce to the above captioned matter, enclosed is an
Appeal of the Order of Conditions and a request for a Superseding
Order of Conditions.
Would--you kindly acknowledge receipt of the Appeal by signing
and dating the enclosed copy and giving it to the messenger who
delivered the eal.
Very truly yours,
MAY 3I1°.
MARTHA A. DRISCOLL
MAD/rab`" .—" �- •._�..
Enclosure
Department of Environmental Quality Engineering
By:
Date:
i
Ylke,
nal"O� -t=
2,=f ""." =
S. RUSSELL SYLVA 5 7oamnu2ruU:PaLI� [�rerzcce
Commissioner
935-2160 DATE:
UMN:
ASSIGNED FILE NO: �.
The Division of Wetlands is in receipt of an application filed under M.G.L.
Chapter 131, Section 40, the application is in the name of:
APPLICANT: ent/4- OWNER OF LAND: SCP
,�aLew . Y-KA . D192L/
PROJECT LOCATION: /cO�L� LOT:
PROJECT REVIEW
( ) The application is incomplete. No file number will be assigned until material
checked below is submitted to this Office:
( ) Notice of Intent ( ) Plans
( ) Project requires the filing of a
Form 3 (Notice of Intent) rather than
Form 4 (Abbreviated Notice of Intent) ( ) Locus _
WATERWAYS REVIEW T -
( ) Project may require a Chapter 91 License-Project has been referred to
/Waterways.
(,.A Preliminary review indicates that the project does not require a Chapter 91
License. However, should further review indicate that the project may require
a Chapter 91 License, the Department reserves the right to refer the project
to Waterways at that time.
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF FILIIW, SUBMITTED, NOT
APPROVAL OF THE APPLICATION.
Very tru�l�you
Sabin M. Lord, Jr. ,
Deputy Regional Environmental Engineer
cc: Conservation Commission,
\ _
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Prepared for Qayton Smith
Salem, Mass.
Scale: 1"=90 ' 2/-14/80 —REv--2129�So
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ELEVATIONS REFER TO I /o
SALEM CITY BASE M.L.W. I _ _
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31 PIERCE �'/p DA cy \\ ♦ `�'
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SITE PLAN FOR WETLANDS F1L11N1'G
GEN' 2ERAaL LAWS CHAPTP131 SS. 40
SALEM ., MASS.
PREPARED FOR : CLAYTON SMITH
j N OF y f \
E SCALE : 1 = 40� DATE: MAR. 17 , 1988
CARTER a TOWERS ENGINEERING CORP.
6 FAIRVIEW AVENUE•
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GRAPHIC SCALE
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NOTES:
I . DATUM. SALEM BASE
2, ALL CONSTRUCTION! TO CONFORM TO RULES
> REGULATIONS OF THE SALEM PLANNING '
PLAN
BOARD AND SPECIFICATIONS AS SET FORTH
BY THE SALEM D,P.W.
3. ZONING : R-1
4. WATER TO HAVE MINIMUM OF 5' OF COVER.
5. EXTREME HIGH WATER ELEVATION = 11.7' `
r
1
0f
JOSEPH 'c `�h`��Uf 1It{S�N
,I Zt D. a JUSEPH �G j
' UAVIO `n
No. ;87 \ ER =
• pal `— � I fes..- ��sJ,o�C1STER�S uA ��. Y631a�O4<"�' t
\t l / ri y c c Tr<.stL/n/E /` otic _ I
y i
Q IM � 'a Ih1l it
SO J•+oo
2,►0o DEFINITIVE PLAN '
pStsE /o iso /� '�•� �fZS 8
PIERCE ROAD ; y
a SALEM MASSACHUSETTS
PROFILE LEGEND OWNER: CLAYTON SMITH CARTER & TOWERS ENG'G. CORP.
PROFILE 4 SCALE: 1 _440' hor. G FAIRVIEW AVENUE
/3-S EXISTING ELEVATION DATE: (APRIL vert.1 88 SWAMPSCOTT MASS, 01907 1
REL/5E0: / zo 88 ' a
PROPOSED ELEVATION
ti
a
• SALEM PLANNING BOARD :
GRAPHIC SCALE APPLICATION FILED: r
' FINAL PLAN FILED:
0 20 SFO 50 75 100 150
HEARING DATE:
t.
t
PLAN APPROVED:
i