64-307 - 7 SCENIC WAY - CONSERVATION COMMISSION '! -SC&U4 L WAY GLI - 3
J
d
3
J
JM
V/
r
i,
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-307
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
out forms on City of Salem
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
To: Applicant: Property Owner(if different from applicant):
George D. Belleau Costa Sideridis&Allyson Aucone
Name Name
484 Lowell Street, Suite D2 224 Kennedy Dr., Apt. #304
Mailing Address Mailing Address
Peabody MA 01960 Malden MA 02184
Cityrrown State Zip Code City/Town State Zip Code
1. Project Location:
7 Scenic Way Salem
Street Address City/Town
Map 9 84&85
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex South 16336 426
County Book Page
Certificate(if registered land)
3. Dates:
July 5, 2000 July 13, 2000 July 13, 2000
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
See attached
Title Date
5. Final Plans and Documents Signed and Stamped by:
Name
6. Total Fee:
$100.00
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5 Page 1 of 7
Rev.02/00
f
Massachusetts Department of Environmental Protection DEP File"umber.
Bureau of Resource Protection - Wetlands 64-307
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
❑ Public Water Supply ❑ Land Containing Shellfish ❑ Prevention of Pollution
❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat
❑ Groundwater Supply ❑ Storm Damage Prevention ❑ Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
®, the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect
of the work on the interests identified in the Wetlands Protection Act. Therefore,work on this project
may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient
information and includes measures which are adequate to protect the Act's interests, and a final
Order of Conditions is issued. A description of the specific information which is lacking and why it is
necessary is attached to this Order as per 310 CMR 10.05(6)(c).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
WPA Fom 5 Page 2 of 7
Rev.02100
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 64-307
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" (or, "MA DEP"]
"File Number 64-307
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WPA Forth 5 Page 3 of 7
Rev.02100
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-307
WPA Form 5 - Order of Conditions Provided by DEP
,3 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
r '
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions(use additional paper, if necessary):
See attached
Findings as to municipal bylaw or ordinance
Furthermore, the City of Salem hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
Therefore, work on this project may not go forward unless and until a revised Notice of Intent is
submitted which provides measures which are adequate to meet these standards, and a final Order of
Conditions is issued.
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Name Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
conditions and with the Notice of Intent referenced above. To the extent that the following conditions
modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,
the conditions shall control.
WPA Form 5 Page 4 of 7
Rev.07/00
Massachusetts Department of Environmental Protection DEP File Number:
• Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions Provided by DEP
lgMassachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
-1 lis l Ga
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Appendix A) and the property owner(if different from applicant).
Signatures*
7
Ong rhe Of
Day Month d Ye
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and
acknowledged that he/she ex cuted the same as his/her free act and deed.
,1 .�9 ,�
teary Public My Commission Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on ❑ by certified mail, return receipt requested,on
Date Date
WPA Form 5 _ Page 5 of 7
Rev.02100
Massachusetts Department of Environmental Protection DEP File Number:
lugBureau of Resource Protection - Wetlands 64-307
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request
shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to
the applicant, if he/she is not the appellant.
The request shall state clearly and concisely the objections to the Order which is being appealed and how
the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands
Protection Act, (M.G.L. c. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00).
To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts
Wetlands Protection Act or regulations, the Department has no appellate jurisdiction.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
City of Salem
Conservation Commission
NPA Fom 5 Page 6 of 7
Rev.02100
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-307
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission.
--------------------------------------------------------------------------------------------------------------------------
To:
City of Salem
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
7 Scenic Way 64-307
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex South 16336 426
County Book Page
far:
Costa Sideridis &Allyson Aucone
Property Owner
and has been noted in the chain of title of the affected property in:
16336 426
Book Page
In accordance with the Order of Conditions issued on:
July 13, 2000
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
WPA Form 5 Page 7 of 7
Rev.02/00
/ loo
LEVE
RIPE
00
-- LST 2 _ _ - LOT 3 .
e�
'A
I — '- - � • � LANDS PED -- --- ----
CASEY \ ya / — NES Ra24. P OPOSED
\ \ 1• � `, D IVEWAY E
--- --------•-
\ — \ \10
_ 4BIT. CONC —
_ WALK
.. -� ♦ ♦tel-�♦�A
EooLoLSEN
POOL /
CHARBONNEAU I
/ I EWE
\� � /GALLAGHER 2STLNG � v
j-
r
T NGS AND DRIVEWAYS ARE
' 1 FOR ILLUSTRATIVE AND o s 4ipc)r)q;7q ONLY.
Z t T
Salem Conservation Commission
SPECIAL CONDITIONS—DEP FILE #64-307, Address: 7 Scenic Way
1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745-
9595 ext.311). Members and agents of the Salem Conservation Commission(Commission)shall have the right
to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance
standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may
require any information,measurements,photographs,observation and/or materials or may require the submittal
of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the
work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is
satisfied that the work will comply,and has so notified the applicant in writing.
2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter
131, Section 40,and Wetlands Regulations 310 CMR 10.00.
3. 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. These obligations shall be expressed in covenants in all deeds to succeeding
owners or portions of the property.
4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the
expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed
with the Department of Environmental Protection. This form shall be returned to the Commission within 21
days of recording accordance and prior to commencement of any activities subject to the Order of Conditions.
5. Prior to any work commencing,a sign shall be displayed showing DEP file ff 64-306,and not placed on a living
tree.
6. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in interest or
successor in control of the property referenced in the Notice of Intent, supporting documents and this Order of
Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of
the property that takes place prior to issuance of the Certificate of Compliance.
7. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500, 86 stat. 816),U.S.Army Corp of
Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec.
27(5)of Chapter 21 of the Massachusetts General Laws as codified
(3) Flood Plain
(4) Grading Ordinance
8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule.
9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters
during construction or after completion of the project.
10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No
alteration of wetland resource areas or associated buffer zone,other than that approved in this Order, shall occur
on this property without prior approval from the Commission.
25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to
prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through
haybale sediment traps, silt filter bags or other means approved by the Commission or its Administrator.
26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the
completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using
sufficient top soil to assure long-term stabilization of disturbed areas.
27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be
established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed
surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils
from being washed by rain or flooding.
DURING CONSTRUCTION
28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in
Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and
adhere to.
29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
30. Only clean fill,free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site.
31. All waste products,grubbed stumps, slash,construction materials,etc.shall be deposited at least 100 feet from
wetland resource areas and 200 feet from rivers.
32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the
City of Salem Health Department.
33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or
concrete products into a buffer zone or wetland resource area shall be removed by hand.
34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified
in this Order of Conditions.
35. There shall be no pumping of water from wetland resource areas.
36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers
and/or silt bags to filter silt from stormwater before it enters the drainage system.
38. The project shall not cause an increase in run-off onto adjacent properties, either during construction or when
completed.
39. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of
enforcement actions by the Conservation Commission including,but not limited to,civil administrative
penalties under M.G.L.Chapter 21 A, section 16.
POST CONSTRUCTION
40. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the
use of erosion control blankets or other approved means. All disturbed areas will be graded,loamed,and
seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left
unprotected or without erosion controls during the winter.
41. Upon completion of construction,the applicant or current landowner shall submit the following to the
Commission to request a Certificate of Compliance:
(1) A letter requesting a Certificate including the following information:
a. Name and address of current landowner;
b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued:
c. Street address and lot number for the project;and
d. DEP file number
(2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the
property with this Order of Conditions
(3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction
conditions and:
a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area;
b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and
replicated areas;and
c. Distances to all structures within 100 feet of any wetland resource area.
42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds.
43. If the completed work differs from that in the original plans and conditions,the report must specify how the
work differs;at which time the applicant shall first request a modification to the Order. Only upon review and
approval by the Commission,may the applicant request in writing a Certificate of Compliance as described
above.
44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their
removal.
45. The following condition(s)shall extend beyond the Certificate of Compliance, in perpetuity,and shall
be recorded as such on the Certificate of Compliance and in all future deeds to this property:
PERPETUAL CONDITIONS
46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource are.
47. Herbicides shall not be applied within 100 feet of the wetland.
48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland.
ADDITIONAL CONDITIONS
49. A silt fence shall be installed 35' from the rear of the foundation and 10' on either side of the foundation to
establish a limited work zone.
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 4 — Abbreviated Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town
A. General Information
Important:
When filling out 1. Applicant:
forms on the George D. Belleau
Computer, use Name E-Mail Address(if applicable)
only the tab
key to move 484 Lowell Street, Suite D2
your cursor- Street Address
do not use the Peabody MA 01960
return key. City/rown State
Zip Code
978-535-1724 978-535-8398
°° Phone Number Fax Number(if applicable)
2. Representative (if any):
n�
Firm
George D. Belleau
Note: Contact Name E-Mail Address(if applicable)
Before 484 Lowell Street, Suite D2
completing this Mailing Address
form, consult Peabody MA 01960
your local Cityrrown State - Zi Code
Conservation P
Commission 978-535-1724 978-535-8398
regarding any Phone Number Fax Number(if applicable)
municipal bylaw
or ordinance. 3. Property Owner(if different from applicant):
Costa Sideridis &Allyson Aucone
Name
224 Kennedy Dr Apt. #304
Mailing Address
Malden MA 02184
Cityrrown State Zip Code
4. Total Fee:
100.
(from Appendix B:Wetland Fee Transmittal Form)
5. Project Location:
7 Scenic Way Extention Salem
Street Address - Cityrrown
Map 84 & 85
Assessors Map/Plat Number Parcel/Lot Number
6. General Project Description:
Foundation and excavation with overdig requirements may breach the buffer zone and grading
materials plus a 10' x 10'wood deck will be built at rear of house in the buffer zone
WPA F.d
Rev.01/00 Pepe 1 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
e � .
WPA Form 4 — Abbreviated Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town
A. General Information (cont.)
7. Registry of Deeds:
Essex South 16336 426
County Book Page
Certificate(if Registered Land)
B. Site and Activities Subject to Regulation
Complete any of the following sections that apply to the proposed work and project site.
1. Complete for proposed activities located, in whole or in part, in Buffer Zone.
a. Check all the following borders to the Buffer Zone:
Inland Resource Areas Coastal Resource Areas
❑ Inland Bank ❑ Coastal Beach ❑ Barrier Beach
® Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune
❑ Salt Marsh ❑ Coastal Bank
b. Check all the methods used to delineate the Bordering Vegetated Wetland boundary:
® Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached)
❑ DEP BVW Field Data Form (attached)
❑ Final Determination of Applicability issued by Conservation Commission (attached)
❑ Other Method of Determining BVW boundary (attach documentation):
❑ 50% or more wetland indicator plants
❑ Saturated/inundated conditions exist
❑ Groundwater indicators
❑ Direct observation
❑ Hydric soil indicators
❑ Credible evidence of conditions prior to disturbance.
WPA Fo 4 Page 2 of 7
Rev.02100
Massachusetts Department of Environmental Protection DEP File Number:
u
Bureau of Resource Protection - Wetlands
WPA Form 4 — Abbreviated Notice of Intent Provided by-DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town
B. Site and Activities Subject to Regulation (cont.)
c. Describe, with reference to supporting plans and calculations where necessary, the size, type,
and location of the proposed work and mitigating measures and designs to insure that the proposed
work will not alter the resource area and Buffer Zone borders. Attach additional sheets, if necessary.
N/A
2. Complete for proposed activities located, in whole or in part, in Land Subject to Flooding.
a. Resource area description:
Bordering Land Subject to Flooding: Isolated Land Subject to Flooding:
Volume of Flood Storage Lost(cubic feet) Volume of Flood Storage Lost(cubic feet)
Volume of Flood Storage Compensation(cubic feet) Volume of Flood Storage Compensation(cubic feet)
b. Describe, with reference to supporting plans and calculations where necessary the size, shape,
location, and type of the proposed work and mitigating measures and designs proposed to meet the
performance standards set forth in 310 CMR 10.57(4) and 10.60. Attach additional sheets, if
necessary.
3. Complete for proposed activities located, in whole or in part, in the Riverfront Area.
a. Name of Waterway (if available):
N/A
b. Width of Riverfront Area (check one):
❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
❑ 200 ft. -All other projects
WPA Farm 4
Rev.07/00 Pape 3&7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 4 — Abbreviated Notice of Intent Provided by_DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town
B. Site and Activities Subject to Regulation (cont.)
c. Describe how the Mean Annual High-Water Line was determined:
N/A
d. Distance of proposed activity closest to the Mean Annual High-Water Line:
N/A
Feet
e. Total area of Riverfront Area on the site of the proposed project:
N/A
Square Feet
f. Proposed alteration of the Riverfront Area:
N/A
Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft.and 200 ft.
g. Indicate project purpose:
® Single family house ❑ Commercial development ❑ Transportation
❑ Residential subdivision ❑ Industrial development ❑ Other(describe):
h. Was the lot where the activity is proposed created prior to August 1, 1996?
❑ Yes
® No
i. Describe how the project will meet all performance standards set forth in 310 CMR 10.58(4) for
the Riverfront Area, including standards requiring consideration of alternative project design or
location. Attach additional sheets, if necessary.
N/A
wPA Fa 4
Rev.02100 Pape 4
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
y WPA Form 4 — Abbreviated Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Town
B. Site and Activities Subject to Regulation (cont.)
4. Is the project exempt from the DEP Stormwater Management Policy?
® Yes If yes, explain why the project is exempt:
Single Family Home
❑ No If no, stormwater management measures are required. Applicants are encouraged to
complete Appendix C: Stormwater Management Form and submit it with this
Abbreviated Notice of Intent.
5. a. Is any portion of the proposed project located within estimated habitat as indicated on the most
recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage
and Endangered Species Program?
❑ Yes If yes, include proof of mailing or hand delivery of Abbreviated Notice of Intent to
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
Westborough, MA 01581
® No
Date of Map
b. Is any portion of the proposed project in an Area of Critical Environmental Concern (ACEC)?
❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations):
❑ No
c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Restriction Act (M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)?
❑ Yes
® No
6. If any activity within Land Subject to Flooding, the Riverfront Area, or Buffer Zone is exempt from
performance standards in accordance with any provision of the wetlands regulations, 310 CMR
10.00, identify the appropriate exemption:
N/A
Exemption
WPA Fpm d
Rev.01/00 Pape 501]
Massachusetts Department of Environmental Protection DEP Re Number.
Bureau of Resource Protectlon -Wetlands
WPA Form 4 — Abbreviated Notice of Intent Providodb-yb€v
Massachusetts Wetlands Protectlon Act M.O.L. c. 131, §40
C. Additional Information
Applicants must Include the following with this Abbreviated Notice of Intent(ANOI):
s USGS or other map of the area(along with a norm ilve description, N necessary),containing suffwiaM
Information for the Conservation Commission and the Department to locate the site.
a plans Identifying the location of proposed activities relative to the boundaries of each effected
resource area,
a Other material Identifying and explaining the determination of resource area boundarles shown on
plans(e.g., a DEP BVW Field Data Form).
a List the titles and Anel revision dates for all plans and other materials submitted with this AN01.
The fees for work proposed under each Abbreviated Notice of Intent must be calculated and submitted to
the Conservation Commission and DEP(see Instructions and Appendix S.Welland Fee Transmittal Form).
No fee alrall be assessed for projects of the federal government, the Department of Environmental
Protection,or oities and towns of the Commonwealth.
Applicants must submit the following Informallon(in addition to pages 1 and 2 of Appendix B)to confirm
fee payment:
Checx Numbmr Check d6�„ - ----
Payor mme an ohetic App"M nems on dw_k _.._
E. Signatures and Submittal Regsiremonts
I hereby certify under the penalties of perjury that the foregoing Abbreviated Notice of intent and
accompanying plans, documents,and supporting data are true and complete to the best of my
knowledge. I understand that the Conservation Commission will place notification of this Notice in a local
newspaper at the expense of the applicant in accordanoe with the wetlands regulations,310 CMR
10.05(5)(a).
I further certify under penalties of pequry that all abutters were notified of this application, pursuant to the
requirements of M.G L. c, 131,§40. Notice must be made In writing by hand delivery or certified mail
(return r Ipt requested)to all abutters In 100 feet of the property line of the project location.
igneturo ofA ..__._... .._...._
i� . 1 veto
Slgn'ju, PropeAy Dnr4 d nM) _... .. ..._._. ... 6' Deb
9lpnetun of Fepreeenlclive(il any) - _..
Dale
M Atom4
ne+.eLtO V r a V r
/,./. RM � LEVE
LOT 2 _ _ LOT 3
.41
L \
LANDS PED --
CASEY ` "9 / — — vS NRs24. P OPOSED
\ \ i ` D IVEWAY l
\ --- ---------
\ til9
— _ 4' BIT. CONC
_ WALK
= /
Pool OLSEN
POOL
CHARBONNEAU I
EWEGALLAGHERSTING
NGS AND DRIVEWAYS ARE�►N 0OR ILLUSTRATIVE AND
I --
COMMONWEALTH OF MASSACHUSETTS
= EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
? DEPARTMENT OF ENVIRONMENTAL PROTECTION
y° Metropolitan Boston —Northeast Regional Office
ARGEO PAUL CELLUCCI
Governor BOB DURAND
Secretary
JANE SWIFT
Lieutenant Governor LAUREN LISS
Commissioner
DEP File# 064-0307
RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM _
DATE: 7/5/00 _ (city/town)
The Department of Environmental Protection has received a Notice of Intent filed in accordance
with the Wetlands Protection Act (M.G.L. c. 131, §40):
Applicant: GEORGE BELLEAU Owner: COSTA SIDERIDIS & ALLYSON ACCONE
Address: 484 LOWELL ST./STE D2 Address: 224 KENNEDY DR., APT 304
PEABODY, MA 01960 MALDEN,MA 02184
Project Location: 7 SCENIC WAY ESTENTION 84 & 85
IF CHECKED,THE FOLLOWING ITEM(S) APPLY TO THIS NOTICE OF INTENT:
A._C_lThis project has been assigned the following file# :
Although a file#is being issued,please note the following:
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF
SUBMITTAL,NOTE APPROVAL OF APPLICATION
B.( )No file#will be assigned to this project until the following missing information is sent to
this office, to meet the minimum submittal requirements in accordance with the Wetlands
Protection Regulations at 310 CMR 10.00:
1. ( )_copy(s) of a completed Notice of Intent (Form 3 or Form 4 of Sect. 10.99,
whichever is applicable) and a copy of the Fee Transmittal Form, with a copy of the
check for the State's share of the Notice of Intent filing fee.
2. ( )_copy(s) of plans, calculations, and other documentation necessary to completely
describe the proposed work and mitigation measures to protect resource areas.
3. ( )_copy(s) of an 8.5"X 11"section of the USGS map of the area.
4. ( ) copy(s) of plans showing compliance with Title 5 of the State Environmental
Code, 310 CMR 15.00.
5. ( )Proof that a copy of your Notice of Intent has been mailed or hand delivered to the
Natural Heritage and Endangered Species Program.
COMMENTS:
(see page 2 for additional information)
r _
This information is available in alternate format by calling our ADA Coordinator at(617)5746872.
.205a Lowell St. Wilmington,MA 01887 a Phone (978)661-7600 a Fax (978)661-7615•TDD#(978)661-7679
Pnnted on Recycled 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 below for further details:
1. ( ) Based upon the information submitted in and with your Notice of Intent a
separate 401 Water Quality Certification application form is not required. The
Department has reviewed the plans submitted by the applicant and finds that there is
reasonable assurance that the project or activity will be conducted in a manner that will
not violate the Massachusetts Surface Water Quality Standards, provided that:
a) the applicant receives and complies with a Final Order of Conditions from the local
conservation commission or the Department;
b) The Order of Conditions does not cause the loss of more than 5,000sq.ft. of
bordering vegetated wetlands and land under water and/or the dredging of more than
100 cubic yards of land under water;
c) any loss of vegetated wetlands has been mitigated with a minimum replication of 1:1;
and is not part of a subdivision; does not cause the loss of any Wetlands designated as
d) The project is not exempt from the M.G.L. c. 131, §40-the Wetlands Protection Act;
Outstanding Resource Waters; and does not cause the loss of any salt marsh.
Therefore,provided that the above conditions are satisfied, the Final Order of Conditions will
serve as the Water Quality Certification for this project. This does not relieve the applicant of
the duty to comply with any other statutes or regulations.
2. ( )Before the activity described in the Notice of Intent can commence,you must
obtain a Water Quality Certification form from this Regional Office. Please complete
the enclosed 401 Water Quality Certification application form and file it with this
Regional Office for review.
3. ( )Your project involves dredging of greater than 100 cubic yards of material or
requires a permit from the Federal Energy Regulatory Commission for work in`waters of
the Commonwealth." Therefore, your proposed project is subject to 314 CMR 9.00 and
requires a Water Quality Certification. Please complete the enclosed 401 Water
Quality Certification application form and file it with the Department of
Environmental Protection, Waterways Program, and One Winter Street,Boston,
MA 02108. Contact the Division of Waterways program at 617-292-5655 if you have
and questions.
For more information please contact:MS. PROVENCAL, at 978- 661-7600.
Cc: Conservation Commission ( )U.S. Army Corps of Engineers
( ) Coastal Zone Management
( )DEP- Water Pollution Control
( ) Representative: