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64-155 - 6 SEEMORE STREET - CONSERVATION COMMISSION Bao 1 0277PG3 16- r' 310 CMR 10.99 Forme �t� DEP Pile No 64- 155 n rro t>e orovioed by DEP) ti SALEM Commonwealth Icny Town 't �, of Massachusetts j�1e'. Aooioanl P a t t i ck D e I u l i s Certificate of Compliance Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Salem Conservation Commission Issuing Authority To Patrick DeIulis 6 Seemore St. -" (Name) (Address) Date of Issuance December 20 . 1989 This Certificate is issued for work regulated by an Order of Conditions issued to Patrick D e I u 1 i s dated 12/ 10/89 andissuedbythe Conservation Commission 1 , -x It is hereby certified that the work reoulated by the above-referenced Order of Conditions has c� been satisfactorily completed. rJ 2. = It is hereby certified that only the following portions of the work regulated by the above-refer- enced Order of Conditions have been satisfactorily completed: (If the Certificate of Compliance N .v does not include the entire project, specify what portions are included.) Z5 w m 3. _ It is hereby certified that the work regulated by the above-referenced Order of Conditions was never commenced.The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Act may be commenced without filing a neva Notice of Intent and receivmo_ a new Order of Conditions. ....................................................................................................................................................................................... 0 I Leave Soace Blank) O W rV 8.1 Effective 11/10/89 r BKO10277PG317 4. This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in which the land is located. The Order was originally recorded on January 20 , 1988(date) x at the Registry of Essex -, Book 9368 , Page 7 1 P 5. - The following conditions of the Order shall continue: (Setforth any conditions contained in the Final Order, such as maintenance or monitoring,which are to continue for a longer period.) Q � Issued by Salem Conservation Commission Signature(s) Amn � v i Venssued by the Conservation Ccision this Certificate must be signed by a majority of is members. On this If day o /4 19 S'? , before me personally appeared Sj .&-r 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. o, My comm!ssior.expires Detach on dotted line and submit to the ......-......................................................................................................................................................................................................... To Issuing Authority Please be advised that the Certificate of Comoiiance for the protect at: File Numoer has been recorded at the Registry of ane has oeen no'.ea:n the chain of title of the alleciec orocetty on t 9 ii recorcec;anc.'re.nstrument rumcer vvni :oemmes m:s:ransacnon is !!registerea lanaane cocument numoer wnicr. demnhes this transactions Signature Aomicant S-2 RECEIVED NOV 2 1 1989 November 20, 1989 p+ ��++ �g BY CERTIFIED MAIL SALEM hh9 aIir�6NG DEPT. Ms. Kathleen Winn Salem Conservation Commission One Salem Green Salem, MA 01970 RE: 6 Seemore Street (Order of Conditions Dated 12/10/87) Dear Ms. Winn: The purpose of this letter is to inform the Commission that the work on the above referenced property has been completed in accordance with the Order of Conditions issued by the Commission, a copy of which is enclosed. I would therefore request that a Certificate of Compliance be issued stating that the work has been satisfactorily completed (see General Condition No. 11) . It is my hope that the Commission will be able to act on this request prior to its next scheduled meeting. If this is not possible, this letter will also serve to confirm that this matter will be on the agenda for the next Commission meeting on December 14, 1989. Thank you in advance for your attention to this matter. Please do not hesitate to contact me a work (617-- 595--8677) if you have any questions or require additional information. Very truly yours Patrick DeIulis 6 Seemore Street, Salem, MA � eooa 936�PG071 Form 5 DEQE File No. 64-155 . (To be provided by DEQE) SALEM it Commonwealth city/Town of Massachusetts Patrick DeIulis \/ ADDiicant Order of Conditions R E C.. E I V E L) Massachusetts Wetlands Protection Act FEB 2 6 1988 G.L. c. 131, §40 From Salem Conservation Commission SALEM PLANNING DEPT. Mr. Patrick DeIulis same To (Name of Applicant) (Name of property owner) N 6 Seemore Street same CD Address Address -v This Order is issued and delivered as follows: N ❑ by hand delivery to applicant or representative on (date) co ❑ by certified mail, return receipt requested on (date) This project is located at 6 Seemore Street The property is recorded at the Registry of Essex Book 8550 Page 475 0 0 0 Certificate(if registered) N C-D The Notice of Intent for this project was filed on 11/9/87 (date) rn The public hearing was closed on 12/10/87 (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 interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): ❑ Public water supply ® Flood control ❑ 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 eooa 936�?G072 Salem Conservation Commis Therefore,the Ni}eby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above.The Commission 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 General Conditions t 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 reiievs the permittee or any other person ref 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. 8. 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. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done.The recording 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, File Number 64-155 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. 11. 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 Boot 936�PG073 Plans: Title Dated Signed and Stamped by: On File with: 'Proposed Site Improvements for N/A Salem Conservation Commission Seemore street Special Conditions(Use additional paper if necessary) 1. Work shall conform to above referenced plans. 2. A drainage alteration permit must be submitted and approved by the City Engineer Prior to commencement of work. 3. Prior to construction, an erosion and sedimentation control barrier shall be instaled along the bank of the stream. These control barriers shall be established in accordance with "Erosion & Sedimentation Control Guidelines" Publication #13 529-39 -1000-2-84-C.R. , dated August 1983 and shall be approved by the Conservation Commission or its designated agent. 4. Prior to construction the Conservation Commission will be notified in writing. ....................................................................................................................................................................................... (Leave Space Blank) 5.3A Boot 936gPG074 Plans: Title Dated Signed and Stamped by: On File with: Special Conditions(use additional paper if necessary) ....................................................................................................................................................................................... (Leave Space Blank) (CkAf\ kY\% \ sa�ewi Cfecq Say 2W� M o zc(Zd 5-39 i gou�s 9368%75 Issued By Salem Conservation Commission Signature(s) d This Order mus, signed by a majority of the Conservation Commission. On this 1 n day of n 19 87 before me personally appeared above named to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the sammeJJJ as his/her free act an deed. �A My Commission Expires August 12,127-4 Notary Public My.commission expires The applicant,the owner,any person aggrieved by this order,any owner of land abutting the land upon which the proposed work is to be done or any ten residents of the city or town in which such land Is located are hereby notified of their night to request the Department of Environmental Quality Engineering to issue a Superseding Order.providing the request is made by certified mail or hand delivery to the Department within ten days from the date of Issuance of this Order.A copy of the request shell at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. • .,r-sa+n,reN,y `Y•���SVFI "4¢ ti: C rr \\� •yam Detach on dotted line and submit to the prior to commencement of work. .............................................................._............................._................................................................................................................... To Issuing Authority Please be advised that the Order of Conditions for the project at File Number has been recorded at the Registry of and has been noted in the chain of title of the affected property in accordance with General Condition a on . 19— If recorded land, the instrument number which identifies this transaction is If registered land,the document number which identifies this transaction is Applicant pplicant 5.4A soon 9368P1076 r' . . , '` : Issued by the Department of Environmental Quality Engineering. r 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 persons pursuant to G.L.c.30A,§10A,are hereby notified of their right to request an adjudicatory hearing pursuant to G.L 30A,§10,providing the request is made by certified mil or hand delivery to the Department within ten days from the date of issuance of the Superseding Order,and is addressed to: Docket 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 time be sent by certified mail or hand delivery to the conservation commission,the applicant,and any other party. A Notice of Claim for an Adjudicatory Meering shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR 1.01(8).and shall contain the following information: IQ the DEOE Wetlands File Number,name of the applicant and address of the project; (b) the complete name,address and telephone number of the parry filing the request,and.if represented by counsel,the name and address of the attorney; (c) the names and addresses of all other parties.if known; (d) a clear and concise statement of(1)the facts which are grounds for the proceeding,(2)the objections to this Superseding Order, including specifically the manner in which it is alleged to be inconsistent with the Department's Wetlands Regulations(310 CMR 10.00)and does not contribute to the protection of the interests identified in the Act,and(3)the relief sought through the 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• resentative of such party,if known. Failure to submit all necessary information may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing. Detach on dotted line and submit to the prior to commencement of work. To Issuing Authority Please be advised that the Order of Conditions for the project aL 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 9 �"b - - - S'JP?oiZruJG IsOC OHElJT IJAZ-?-A 1 lJE S£.E�cotz ST•. IF THE. LAND W LIZ . DtJ Q>Cb INITD FOJR- gUAl�ZA-JTS J E•YLE?T FO 's nae 151)JrMEASTLR-J QoAJRRA'llT I IT woJLD SE Gon15 JE2.E.t� 2ED0Hrn/1nt. > L`/ eGJEc. . TO SIE Eym^►T T}IraT TSE WEAK. Ati`/ VAQtATlon/5 tJ rL r VArInAIS ) T7iGy woo" 8t CZA1>0AL_ . w�T1 ZGSPEGr To 71-1G SOUTElLAi-rcAA/ QvAr72A%v1' 1lDwEJL/L� F2aM A ?o,rlr F�PP20XiHwTEt)/ Sr=�lEl�TY —FIVE C75 � FEE„T rt?-CM TIRE EAs EZLy &04-DE(L DF 1}-IL ?r, OPE4TJ T14E- J-AN. SiLf.PLy .DGGLr#JEb AT AFPtL iYtMATEty A FI FT/ CSJ) 6r2CE AtJ6L.E Tb A ?prrJ7• AlOP".1gMATEi-y TLJEAITL/ t Qo) FEET PRO/�t Sr1r� 3oR bE2 . �• f30U N t) N12-1 �? bF (L-E-SU t%IL-� -°�yc'-EAs - - THE P,2.o7oeja wo4-K TD 3` ?47-rOA-MQ Irl 714E SovrNE�lsr[ A/ QJAJP-AMT- is wl l-Ol / 0MC PtuNbXQ C I DD) F[F-T of A WCTLAN.JS Aer-A C g-LfrK -ro PLAY 'A" ) C . (M?12.0 -4E,"ZAIrs TD t3 E. /.e Arc THe I��o?osc,� . lo2J� wttl InIJoLJE 6k/��InIG A�vc> SL.o?IAJ(T 'WE SoV—iHfAsicRA! QUA--�,RAA/T lJ AGc.oW��VWG.E \,JI 'H TWE. Sf'Ec��rcAYloNS lcmAiLED o#4 THE AnA"EZ) PLA4 *A'.' nc- Pee'oSEv WoR-IL u44" J1GeEssrsATE. NMP6JCr OF FILL. • To LA7SJ FILL 41AS BE&1J DJM?Fy >; rPat, IA414A2,y GQADrAI (, WAS $F-GO/13 H P W G.J[,A- ALL. SJ" v O2-Y. H G S AS FA t7 r- - (lifa ofrzl1`m � ttssttc use#ts 4 ) Deparimmi of IJnblir Worke Ane 16ttlrni Green GEORGE E.WHITTIE, P. E. City Engineer Director of Public Services L.•• E... p V L) 2 March 21 , 1988 p pM.4P � i�c3 Patrick J. & Susan A. DeIulis 6 Seemore Street Salem, MA. 01970 RE: Application for Drainage Alteration Permit at 6 Seemore Street Dear Patrick & Susan DeIulis: I have reviewed the plans submitted by Mr. Frank DeIulis on March 15th for the above referenced property and approve the proposed grading subject to the following condition. The fill on the public right-of-way, and the land north westerly of the site, be removed and that the area be restored to the condition existing prior to the proposed grading as shown on the submitted plan. Very truly yours; George E. Whittie, P.E. City Engineer Director of Public Services GEW/cmc cc: Mr. Michael O'Brien Ms. Rebecca Curran Ms. Josephine Fusco Seemore St. - Order of Conditions 1. Work shall conform to the above referenced plans . 2. A drainage alteration permit must be submitted and approved by the City Engineer prior to commencement of work. 3. Prior to construction, an erosion and sedimentation control barrier shall be installed along the bank of the stream. These control barriers shall be established in accordance with "Erosion & Sedimentation Control Guidelines" Publication #13 529-39-1000-2-84-C.R. , dated August, 1983 and shall be approved by ^1the /Conservation Commission or its designated agent. ( ' or J1229 J' S6 Forel 3 CELE Fle No. (To be prodced by DECE) pm -i r Ii CiryRown ` - T - =n Commonwealth . ,_yy _ I 13 —I �� � ' of Massachusetts App4i=t �ATlac.tt 1e ✓u5 Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and - Application for a Department of the Army Permit Part l: General Information 1. Location:Street Address Sr Gr a i LTi?"�ET Lot Number 2. Project Type IAL Description EY'LAAJA ' frr✓ 3. Registry:County ESSEX Current Book SSSO &Page �70� Certificate(If Registered land) 4. Applicant �nTR!C K e L v1r s _ Tel. 7��5037i Address Sr-EHn S1ri�r � SALfJ1 \Aljj S. Property Owner Pnrfz4c-A:, J• SVVAr✓ � • (�LrtIL/5 Tel. 7�i�f-So 3 Address SAx4E- A5 At�c JE 6, Representative 1' 1A Tel, Address 7. Have the Conservation Commission and the DECE Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents? Yes Cldf No O 31 r S 8. Have all obtainable rmits,variances and approvals required by local by-law been obtained? Yes C3 No Obtained: Applied For. Not Applied For. -0KAr Mt; Aaaf ltorJ P�.r lr 9k ,�. WILL. fPLjE> Fort 9. Is any portion of the site subject toa elands Restriction Order pursuant to G.L c. 131, §40A or G.L. c. 130, §105? Yes ❑ No 4a 10. Ust all plans and supporting documents submitted with this Notice of Intent Identifying Number/Letter Title, Date A PR1p?0SQ1 r''LArJ OF ItilP2/nNTS g 1.1A�-+2AT1�/E �SG�i�TIoN bF I�r��2-OVE�1E�5 _ C — - �t.pvJ of arA••rb — G Sr:E.MrJLF SFP.-t.Er lj �t6A� jESc�r?Ton/ Si_E.titOKE SGE-_'— 11.Check those resource areas within which work is proposed (a) W" Buffer Zone _ (b)Inland: Land Subject to Flooding, -:-. ....._. (3 Bank*.__. .. _ __ .. .. .. _ _ ❑ Bordering Vegetated Wetland* ❑ Bordering ❑ Land Under Water Body&Waterway ❑ Isolated (c)Coastal: ❑ Land Under the Ocean* ❑ t Designated Port Area• ❑ Coastal Beach• ❑ Coastal Dune ❑ Barrier Beach ❑ Coastal Bank ❑ Rocky Intertidal Shore' ❑ Salt Marsh* ❑ land Under Salt Pond' ❑ Land Containing Shellfish' ❑ Fish Run* t Ukely to involve U.S.Army Corps of Engineers concurrent jurisdiction.See General Instructions for Completing Notice of Intent. 3-2 SS Part I:Site Description Indicate which of the following information has been provided (on a plan,in narrative description or calcula- tions) to clearly,completely and accurately describe existing site conditions. Identifying - Number/Letter (of plan,narrative or calculations) Natural Features: Sob Vegetation A 3 Topography Open water bodies(including ponds and lakes) A Flowing water bodies(including streams and rivers) Public and prtva(e surface water and ground water supplies on or within 100 feet of site Maximum annual ground water elevations with dates and location of test Arg Boundaries of resduree areas checked under Part 1,item 11 above Other Man-made Features- A Structures(such as buildings, piers,towers and headwalls) Drainage and flood control facilities at the site and immediately off the site,including culverts and open channels (with inverts),dams and dikes Subsurface sewage dispgsal ystems _;-_ .-. --- = Underground Utilities- Roadways and parking areas — /� Property boundaries,easements and rights-cf-way Other Part 111:Work Description Indicate which of the following information has been provided(on a plan,in narrative description or caicufa- tions)to clearly,completely and accurately describe work proposed within each of the resource areas checked in Part I,item 11 above. Identifying Number/Letter' :(of plan,narrative _ .. or calculations) Planview and Cross Section A Structures(such as buildings,piers,towers and headwalls) Drainage and flood control facilities,including culverts and open channels(with inverts), dams and dikes Subsurface sewage disposal systems&underground utilities Filling, dredging and excavating,indicating volume and composition of material Compensatory storage areas,where required in accordance with Part III,Section 10:57 (4)of the regulations Other r Point Source Discharge Description of characteristics of discharge from point source(both closed and open channel),when point of discharge falls within resource area checked under Part I,item 11 above,as supported by standard engineering calculations,data and plans, including but not limited to the following: 3-3 S9 1. Delineation of the drainage area contributing to the point of discharge: 2. Pre-and post-development peak run-off from the drainage area,at the point of discharge,for at least the 10-year and 100-year frequency storm. 3. Pro-and post-development rate of infiltration contributing to the resource area checked under Part I,item 11 above; 4. Estimated water quality characteristics of pre-and post-development run-off at the point of discharge. Part IV:Mitigating Measures 1. Clearly,completely and accurately describe,with reference to supporting plans and calculations where necessary: (a) Ali mazsures and designs proposed to meet the performance standards set forth under each re- source area specified in Part II or Part III of the regulations;or (b) why the presumptions set forth under each resource area specified in Part II or Part III of the regula- bons do not apply. ❑ Coastal Resource Area Typs: __ - Identifyingnumber or letter ❑ Inland of suoport documents ❑ Coastal Resource Area Type: Identifying number or letter ❑ Mand of support documents e 1 3.4 90 ❑ Coastal Resource Area Type: Identifying number w letter of support documents ❑ Inland 2. Clearly,completely and accurately describe,with reference to supporting plans and calculations where necessary. (a) all measures and designs to regulate work within the Buffer Zone so as to insure that said work does not'alter an area specified in Part 1,Section 10.02(1)(a)of these regulations;W (b) if work in the Buffer Zone will alter such an area,all measures and designs proposed to meet the performance standards establ'Ished for the adjacent resource area specified in Part It or Part III of these regulations. ❑ Coastal) gesburce Ates Type Bwderad By I00•Fact OLxrebonery Zone•. Identifying number or fetter ❑ Mend Of suoport documents As70?Jf WAuy r� *G0t1 AKT7 on/ WITH rr L INTE2rM • .. USt. OF NnY EALX6., Wlu, aE AL,oIJ6- '1-}{E �ROPCRT`/ c.,rt(� �N OP-DL12�7D MITIGATE A^'�/ NEbA7eJE IHr JT OF Solt. q-051od a . TMC :rER.R-AC1J& 0F_ 'f`1�4E :ARCA %'J QJE5f/0/J . W iL- SiMiLAR-LI MITIGATE Awy CZDSIon/ ?u.ogt,G44S- A 3.5 91 Part V:Additional Information for a Department of the Army Permit 1. COE Application No. 2. (to be provided by CCE) (Name of waterway) 3. Names and addresses of property owners adjoining your property: GA�.1I1r••le� St/L✓A A/ DWfGZ 13 F-,ZEf HA.,vJ "Ab f SAL-C ` l HA . E,.DMIINjt, PAdAj `/,II Ft.G MA4 COAD f SAL MA casttl,c W66P-ZyrutAK -7 FReEttA4 ¢oAb , SAS fHA 84*,.1z6Ar2A 6AIL DvrJA , 4 S�EHO(-E S'rkGET r aAL. -1,14A 4. Document other project alternatives(i.e.,other locations and/or construction methods,particularly those that would eliminate the discharge of dredged or fill material into waters or wetlands). 5. 81/z'x 11 a drawings in planview and cross-section,showing the resource area and the proposed activ- ity within the resource area:Drawings must be to scale and should be clear enough for photocopying. Cer ificaton is required from the Division of Wate- Pollution Control before the Federal pelma can be rued Certification may be obis red by contacting the D ision of Water Pollution Control 1 Wv)ter Street Boston. Massacrwetts 02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program the app5call certifies that his proposed ac tivity oohs with and will be corducted n a manner that is corssIent with the approved program. Information provided will be used in evaluatrg the application for a permit and is made a matter of public record through ssuarce of a public notice. Disclosure of 1hs information fs volunrary. haAever if necessary information is not provided. the application cannot be processed nor can a pefma be issued. I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying plans,documents and supporting data are true and complete, to the best of my knowledge. •. 01 1741" 1APIF 7 Signature of Applicant Date Signature of Applicant's Representative Date FORM ••Eactptlos to ENO Farm A0e5 approved by eQUSACE. 6 May leer. MED 100 (TEST) ' Thu documeet cee[nns s joint Department .(the Army and State of Manachauit- spPlin[ien 1 MAY 82 � far a permit to obtain permission to perform activities ie United States eaten. The Office of Maeapnnent sed Sudpt (OMB) has approved thou questions required by the US Army Corps of Endneera. OMB ::ember 07,02.0036 and opin uon due of 30 September 1963 eppliu". This . statement will be art in 6 point type. 3.6 Form 9' DECE Fie No. `Q (To ba Pml Se by D-`CE) \ Salem Ciry/To+vn ( , — 'Commonwealth n of Massachusetts Aopi a-A P. DeTu] is Enforcement Order Massachusetts Wetlands Protection Act, G.L c. 131 , §40 From SALEM CONSERVATION ,0111MTCS7n1.1 'Issuing Authority To Date of Issuance October 8, 1987 Property lot/parcel number, address 6 Seemore Street Extent and type of activity. Inappropriate fill within 100 of wetland and in areas effecting resource areas. The Salem Conservation Commission has determined that the activity described above is in violation of the Wetlands Protection Act, G.L a. 131 , 64�0, and the Regulations pronuigated pur- suant thereto 310i0MR 10.00, because: G Said activity has been/is being conducted without a valid Order of Ccnditions. C! Said activity has been/is being conducted in violation of an Order of Conditions issued to dated Re number Condition number(s) ❑ Other(specify) Said activity is being conducted in violation of special condition on Negative Determination issued to Patrick DeIulis, dated 9/10/87 The hereby orders the following: E) The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. E:i Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9-1 J-O5 ❑ .Completed application forms and plans as required by the Act and Regulations shall be filed with the on or before (date), and no further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said wcd4c Application forms are available at: ❑ The property owner shall take every reasonable step to prevent further violations of the act. ❑ Other(specify) Failure to comply with this Order may constitute grounds for fecal action. Massachusetts General Laws Chap- ter 131 , Section 40 provides: Whoever violates any provision of his section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: RphPrr a r =@;@ in s_o co c :',;l41 Issued by /SALEM CONSERVATION COMMISSION Signature(s) (Signature of-delivery person or certfied mail number) 9-2 l 1011 Form 9' DECE Rre No. (To be provide by DEQE) I City/Town SALEM j? (Z Commonwealth Cof Massachusetts kppl'� t Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 t From SALEM CONSERVATION COMMISSION 7ssuingAuthonty DeIulis Bros, Const, Co. Inc, To Date of Issuance October 16, 1987 property 16t/parcel number,address Mooney Rd Extent and type of.activity. Illegal filling of a wetland, The ' Congervafinn has determined that the activity described above is in violation of the Wetlands Protection Act, G.L c. 131, §40, and the Regulations promulgated pur- suant thereto 31 010M 10.00,because: $$ Said activity has been/is being conducted without a valid Order of Conditions. f7 Said activity has been/is being conducted in violation of an Order of Conditions issued to dated Fle number. Condition number(s) 0 Other(specify) The Conservation Commission hereby orders the following: Ja The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9.1 105 ❑ .Completed application forms and plans as required by the Act and Regulations shall be filed with the on or before (date), and no further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work Application toms are available at ❑ The property owner shall`take every reasonable step to prevent further violations of the act. ❑ Other(specify) Failure to comply with this Order may constitute grounds for legal action. Massachusetts General I2ws C`a? ter 131, Section 40 provides: Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: Paherra r„r,-an 7115-9595 x I I 1 Issued by Salem Conservation Commission Sionabures (Signature of-delivery person or certified mail numbeh a2 Conservation Commission Salem. Massachusetts 01970 F,�SnC��S TO: Conservation Commission Members FR: Rebecca Curran — Staff Advisor RE: Public Hearing — Seemore Street At our September 10, 1987 meeting, the property-owner at 6 Seemore Street appeared before the Commission for a determination of applicability for a proposal to regrade and fill his backyard. At that time a negative determination was issued with the condition that clean fill be used. On October 16, 1987 , a Cease & Desist Order was issued and is still in effect. The Order was issued in connection with the neighborhood's concern with a drainage patterns and the owner' s use of inappropriate fill. A site visit was conducted with the neighbors on October 21 . At this time, the Owner was told to re—file and submit a Notice of Intent. The Owner has done this and will be present to discuss his proposal. There is an additional Cease & Desist Order on the project issued by the City Engineer which will remain in effect until the applicant receives a drainage alteration permit from the Engineering Department. If all the information is provided and the project is approved, the Commission has been asked by the Engineering Department to add a special condition stating that work will not commence until a drainage alteration permit has been approved by the City Engineer. J956 IN CITY COUNCIL, City of Salem, _November. 19, 19. .87. Co?munit Development THi. COMMITTEE ON y to whom was referred An Order of October 8, 1987 relative to the drainage and land-fill problem on Moonev Road and Seemore Street has considered said matter and would recommend: the Conservation C=ission, City Engineer, Planner, Planning Board, and Building Inspector notify all abutters and neighbors by certifie3 mail prior to granting of any permits or approvals relative to any actions or requests for actions concerning properties on Mooney Road and Seenore Street. In City Council November 19, 1987 Adopted Approved by the Mayor on November 23, 1987 ATTEST: JOSEPHINE R. FUSCO FOR Hti *+IT i.t_, `os CO,,' i. H C rz Conservation Commissim ,.� Salem. 'llassachusctts 01970 ASS\C' TO: Conse_vation Commission Members FR: Rebecca Curran — Staff Advisor - RE: Determination of Applicability — 6 Seemore St. DT: Sepses-ber 4, 1987 Patrick De=ulis, owner of the home at 6 Seemore Street appeared before the Commission informally at our last meeting (July 30, 1987) . At that time he discussed his proposal to fill in a portion of the property to create a level yard. The property is adjacent to a stream. The Commission advised Mr. Delulis to file a Determination of Applicability before any work began, although it was felt that it was likely this proposal would be given a negative determination. Mr. De ulis ;,,ill present a detailed plan for his proposed work. J504