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64-397 - THOMAS CIRCLE - CONSERVATION COMMISSION vE/��i 6y-�9� Tla,es/ ��f - SevN exp-•�...� I I —rony A / f �� i w ! w i N M '_1 I y ._ h e S � : �- ,. � ' �_ f wf S;r i i.if Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Asa-397 I___._._.._._..__._.._..._ Promded by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the computer,use Pamela V. Mason only the tab key Name to move your cursor-do not 11 Thnmac rircle use the return mailing Address key. Salem MA 01970 Cny/Town State Zip Code ^' 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions or Order of Resource Area Delineation issued to: �Inndas I agnnaki� ('rate 1 I (` 3AY Name July 14,2005 #64.397 Datetl DEP File Number 3. The project site is located at: >-17 Thnmac('irC(p� Rei Pna Aga Rear SalAm Street Address City/rown Map 8 Lots 8,20, 102 Assessors Map/Plat Number Parcel/Lot Number The final Order of Conditions or Order of Resource Area Delineation was recorded at the Registry of Deeds for: Nondas Lagonakis,Crete, LLC Property Owner(it different) Essex South 24637 456 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: AN Date "afrm8b.doc•rev.8117117 WPA Fonn 8B,CeNfi.a of Compliance•Page 1 of 3 FILE COPY Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance LL Massachusetts Wetlands Protection Act M.G.L. c. 131 §�,^10 ttsa 397 i � 7T Provi ded b DEP Y B. Certification ficatlon Check all that apply: ❑ Complete Certification: It is hereby certified that the work regulated by the ,above-referenced Order of Conditions has been satisfactorily completed. EEf Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). 9 P d). Condition Numbers: K/Y ❑ Order of Resource Area Delineation: It is hereby certified that the wetland resource area delineation for the above-referenced Order of Conditions has been satisfactorily completed C. Authorization Issued by: �a�Ic un I I tp 1 Conservation Commission Datelof Issuilince This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropriate DEP Regional Office(See htt ://www. ass. ov/eea/a encies/massde /about/contacts/). Signatur s "afimS6,d000cc•••�+�''rrrery r/py88117117 NPA Fonn BB,Cemcate of Cowiianm•Page 2 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 providetl--by D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Conservation Commission Please be advised that the Certificate of Compliance for the project at: Protect Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Dowment Number . Signature of Applicant maem8b.doc•rev.8117117 WPA Fom 8B,CeRificate of Compliance•Pape 3 of 3 BRIAN P. CASSIDY (978) 278-3277 Attorney at Law JRM Corporate Office Building Facsimile (877) 535-9446 265 Newbury Street brian Ca)cassidylaw.comcastbiz.net Peabody,MA 01960 Noevmber 15, 2015 HAND DELIVERED Ashley Green, Conservation Agent Dept. of Planning and Community Development City Hall Annex 120 Washington Street Salem, MA 01970 RE: Request for Partial Certificate of Compliance 11 Thomas Circle DEP #64-397 Dear Ms. Green: Enclosed please find 8 copies of the Partial Request for Certificate of Compliance I am filing on behalf of Pamela V. Mason of 11 Thomas Circle. The matter is schedule for the Commission meeting on Thursday,November 16, 2017. I plan to attend the Commissions meeting to answer any questions. Please let me know if you require anything else. 'rian ssidy Enc. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 8A — Request for Certificate of Compliance #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This request is being made by: forms on the Pamela V. Mason computer, use Name only the tab key to move 11 Thomas Circle your cursor- do not use the Salem MA 01970 return key. CityfTown Zip Code 919-559-5751 raf Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: " Nondas Lagonakis, Crete LLC Applicant 7/14/2005 #64-397 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in 7-17 Thomas Circle, Ravenna Ave., Rear 320 Salem an Order of Street Address Conditions,the Citylrown property owner Map 8 Lots 8, 20 and 102 must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance 9 rY from the issuing Nondas Lagonakis, Crette, LLC authority stating Property Owner(if different) that the work or portion of the Essex South Registry of Deeds 24637 456 work has been County Book Page satisfactorily completed. Certificate(if registered land) 5. This request is for certification that(check one): ❑ the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ® the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). Pamela V. Mason is the owner of 11 Thomas Circle having purchased the property on October 15, 2009. Ms. Mason is scheduled to sell the property on Friday, November 17, 2017. The lack of a Certificate of Compliance came up in the title search. Ms. Mason is requesting a partial Certificate of Compliance for her property so she can close. ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. vryaformea.dac••rev.529114 Page 1 of 2 4 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office (see http//www mass gov/eea/agencies/massdep/about/contacts/find-the-massdeo regional office for-your-city-or-town.htm I). wpaform8a.doc••rev.529114 Page 2 of 2 YJ pIIIII�IIIIIII�IBllllllhllllllllllll>I Massachusetts Department of Environmental Protection 2005080100387 Bk:2$637 P9556 Bureau of Resource Protection Wetlands 0e/0t/2005 10:ss:00 e --------------------------- - - -- - THEq P4 1/13 ' WPA Form 5 - Order of Conditions #64-397 - 0 ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling From: 1.Conservation commission -` out forms on the computer, 2.This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not Scott Patrowicz Patrowicz Land Development Engineering use the return a.First Name b.Last Name c.Company - key. 10 Derby Sq 4th Floor d.Mailing Address - °' Salem MA 01970 e.Citylrovm I.state - -- g.Zip Code �^ 4. Property Owner(if different from applicant): Nondas Lagonakis Crete LLC a.First Name b.Last Name c.Company - 9 Bridge Street d.Mailing Address -_ Salem _ MA - "01970 vm e.City/ToI.State g.Zip Code 5. Project Location: 7-17 Thomas Circle, Ravenna Ave Rear,320 Salem Highland Avenue b.City/Tom MAP 8 LOTS 8.20, 102 c.Assessors Map/Plat Number d.Parcel/Lot Number - Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude I.Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex 1]302-E a.County b.Certificate(if registered land) - c.Book d.Page 7. Dates: 5/13/05 7/14/05 7/14/05 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance - 5. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Cross-country Sewer Line at 7-17 Thomas Circle, Ravenna Avenue Rear,and 320 Highland Avenue Patrowicz Land Development Engineering Scott Ian Patrowicz _ b.Prepared By c.Signed and Stamped by 5/12/05 1"=20' d.Final Revision Date e.Scale I.Additional Plan or Document Title g.Date wpatom6.dae.rev.311M Page 149 l p Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 464-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 i B. Findings i. 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. a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2 This Commission hereby finds the project,as proposed,is:(check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations.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: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.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.A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ 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 Acts 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). Inland Resource Area Impacts:Check all that apply below. (For Approvals Only) 3. ® Buffer Zone Impacts:Shortest distance between limit of project disturbance and 63 wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linea (feet b.linear feet c.linea (feet d.linefefeet s. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 3 s. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged xperwm5.goc•M.3/1/05 Page 2 We Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. El Bordering Land Subject to Flooding e.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feat g.cubic feet h.cubic teat 8. ❑ Isolated Land Subject to Flooding a.square feat b.square feet Cubic Feet Flood Storage +- c.cubic feet d.cubic feet e.cubic fee[ f.cubic feet e. ® Rivertront area a.total sq.feet b.total sq.feet Y Sq It within 100 It - c.square feet d.square feet e.square feet I.square feet Sq ft between 100-200 It 2250 2250 g.square feet hsquare feet i.square feet J.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) to. ❑ Designated Port Areas Indicate size under Land Under the Ocean,below 11. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged s 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches e.s uare feet b. square feet c. nourishmt. d. 9 q dy c/y nourishmt.~ 1a. El Coastal Dunes a. uafefeet b.suarefset c. sq q ctY nourishmt. d.dy nourishmt 15. ❑ Coastal Banks ..-, a.linear feet b.linear feet - is. E3 Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 13. ❑ Land Under Salt Ponds a.square feet b.square feet 3 c.cu.yd dredged d.cu.yd dredged 1g. ❑ Land Containing Shellfish a.square feet b.square feet c.square feat d.square feet 2o. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank,Land Under the Ocean,and/or inland Land Under Waterbodies and Waterways, above • �. Z a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet VVW0ff 5.dW rev.3n/05 Pe 3 of e Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (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. 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 #64-397 " wpafomS.dw-w 3tl= Page of Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order,the Conservation Commission shall be a parry 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. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See Attached space for - - - additional conditions, select box to attach a text document wpmorm5Aw•w.anros P�swe Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ® No 2. The hereby finds(check one that applies): Conservation Commission s. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically-. a.Municipal Ordinance or Bylaw b.Citation 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. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following 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. If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, - select box to attach a text document ❑ wpatorrta.dw-rev.3n/06 Page 6.d 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 7/14/05 condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form: 6 This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers 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 EnvironmeVProtectioRegional Office, if not filing electronically,and the property owner,if different from applicSignaturesO Y� WV I o Acknowledgement Commonwealth of Massachusetts County of Essl+� /yM Month � On this Inas Day cf Year Before me,the undersigned Notary Public, ! ft&l_a-fdAntcAftu.�d personally appeared Name of Document Signer proved to me through satisfactory evidence of identification,which was/were escdptbn o a Bence of Identification to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he/she signed it voluntarily for Its stated purpose. As member of Cityrrown Conservation Commission ytyj FRANKTAORMINA 9q Noffiry Public CMy Co mialth of on Expires My Commission Expires^'T Apd127,2012 Sig Lure�of Nota`ry ublic //L12tlA �xIVI✓J•I�l� __ l . Pdnted Name 5q Notary Public Place notary seal and/or any stamp above y" '?AAL My Commistion Expires(Date) This Order is issued to the applicant as follows: by hand delivery n AK by certified mail,return receipt requested,on Date r Data wperoenSAao•rev.31IPo5 Pepe role Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. 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 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.Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G,Recording Information is available on the following page. wparom .doc•rev.arms Page a 09 Attachment to Order of Conditions#64397 Page4of - SALEM CONSERVATION COMMISSION DEP FILE#64-397 7-17 Thomas Circle,320 Highland Avenue,and Rear Ravenna Avenue City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural _ Heritage&Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries and Wildlife,it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1—34-13. This Order permits the construction of a cross-country sewer line to connect to an existing municipal cross-country sewer line. All work performed within the Buffer Zone and within the Riverfront Area will be done within an existing sewer easement on property owned by the City of Salem,the Salem Conservation Commission and Thomas Circle Realty Trust located at 320 Highland Avenue,Rear Ravenna Avenue,and 7-17 Thomas Circle. SPECIAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 5 pages)at the Essex 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;and recording information must be submitted to the Salem Conservation Commission in writing,before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131,Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1—34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing,a sign shall be displayed showing DEP File#64-397,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 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. Attachment to Order of Conditions#64397 Page gof 5 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 Corps 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 in 314 CMR 9.00. (3) The City of Salem Wetlands Protection Ordinance and its Regulations 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. The Commission or its Administrator,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131,Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 12. The Commission or its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Site Plan for a Proposed Cross-Country Sewer Line at 7-17 Thomas Circle,Rear Ravenna Ave,and 320 Highland Avenue Title April 28,2005 Dated Scott Ian Patrowicz Signed and Stamped by V City of Salem Conservation Commission On,rle with 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Change with the Cotnmission. The Notice - shall be accompanied by a written inquiry prior to their implementation in the field,as to whether the change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend Attachment to Order of Conditions#64-397 - Page Sof this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a PRE-CONSTRUCTION MEETING between the project supervisor,the contractor responsible for the work,and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be 20 hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;the Commission may require additional measures. 23. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment form entering wetland resource areas. 24. 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. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. Attachment to Order of Conditions#64397 Page 4of 27. Within thirty(30)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. 28. If soils are to be disturbed for longer that 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 surface shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 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 river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions b the Conservation Commission including,but not limited to civil administrative Y g, , penalties under M.G.L Chapter 21A,section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. Attachment to Order of Conditions#64397 Page hof S . (3) An"As-Built'plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission, 41. 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. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 43. The applicant shall clear at 15-foot wide path along the municipal sewer easement on an up-gradient bias the length of the easement from the sewer connection point,south to highland Avenue. All vegetation cut shall be chipper and level spread within the 15-foot wide sewer easement area. 1. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling From: 1.Conservation Commission out forms on the computer, 2.This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Scott Patrowicz Patrowicz Land Development Engineering use the return a.First Name b.Last Name c.Company key. 10 Derby Sq, 4th Floor d.Mailing Address VQ Salem MA 01970 e.City/Town f.State g.Zip Code 4. Property Owner(if different from applicant): Nondas Lagonakis Crete LLC a. First Name b.Last Name c.Company 9 Bridge Street d.Mailing Address Salem MA 01970 e.City/Town I.State g.Zip Code 5. Project Location: 7-17 Thomas Circle, Ravenna Ave Rear, 320 Salem Highland Avenue b.City/Town MAP 8 LOTS 8, 20, 102 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude s. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex 11802-E a.County b.Certificate(if registered land) c. Book d.Page 5/13/05 7/14/05 7/14/05 7. Dates: a. Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Cross-country Sewer Line at 7-17 Thomas Circle, Ravenna Avenue Rear, and 320 Highland Avenue Patrowicz Land Development Engineering Scott Ian Patrowicz b. Prepared By c. Signed and Stamped by 5/12/05 V =20' d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date Iwpafom5.d=• rev.311/05 Page 1 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings t. 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: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries 1. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control 2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes) Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. 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: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations.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. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ 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). Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) 3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and 63 wetland boundary(if available) I a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under W aterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged - v paforms dm• rev.311/05 Page 2 of 9 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet In.cubic feet s. ❑ Isolated Land Subject to Flooding a.square feet b.square feet i t i Cubic Feet Flood S oragec cubic-feet d cubic f t bi teat e.cubic feet f.cubic feet 9. ® Riverfront area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft 2250 2250 g.square feet h.square feet I.square feet 1.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) lo. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. [:] Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.Gy nourishmt. 14. E] Coastal Dunes a.square feet b.square feet c.cry nourishmt. d.cty nourishmt 15. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. E] Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet w atorrn&dw• rev.311/05 Page 3 o19 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (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. 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 #64-397 " wpafmm5.d= rev.3/1/05 Page 409 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 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. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more See Attached space for additional conditions, select box to attach a text document wpafonrZAm• rev.3/1/05 Pape5m9 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. 1 WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ® No z. The hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b.Citation 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. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a. Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following 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. If you need more space for c. The special conditions relating to municipal ordinance or bylaw are as follows: additional conditions, select box to attach a text document ❑ "afomZ,dw• rev.&1/05 Page 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 7/14/05 condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form: 6 This Order must be signed by a majority of the Conservation Commission. 2. Number of signers 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 Protectio Regional Office, if not filing electronically, and the property owner, if different from a!ot& licant �M Y/ 1.�►� ` Commonwealth of Massachusetts County of /yam �l boos On this of Day Month Year Before me, the undersigned Notary Public, S'eLt��awa ►' Cd�7»fts�fe3 personally appeared Name of Document Signer pr�ovee�d to me through satisfactory evidence of identification,which was/were 6 le/d �LJIe N ascription o e dente of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of City/TownSrConservation Commission I , FRANKTAORMINA qe Notary Public Commonweahh of Maesachusetla My Commission Expires April 27,2012 Sig tura of Notaryublic '. �td•C T.b✓w:1r.n2 Printed Name o Notary Public - Place notary seal and/or any stamp above y�'? L My Commi ion Ex fres(Date) This Order is issued to the applicant as follows: by hand deliveZ onr' 40 by certified alail, return receipt requested,on Date Date wpafom6.dm, rev.3l1/05 Page 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions #64-397 Massachusetts Wetlands Protection Act M. G L. c. 131 §40 F. 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 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. Any appellants seeking to appeal the Departments Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. 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. Section G, Recording Information is available on the following page. wpafom&dx• rev.&1/05 Page 8 M 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. 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 this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------I---1--------------------------------------------------------------------------------------------------------------- To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 7-17 Thomas Circle, 320 Highland Avenue, & #64-397 Ravenna Avenue Rear DEP File Number Has been recorded at the Registry of Deeds of: Essex South District County Book - Page for: Crete LLC Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: July 14 , 2005 Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: 461063 on Certificate of Title No. 78478 Document Number - Signature of Applicant xyafam%5.dx• rev.3/1/05 Page 9 of 9 Attachment to Order of Conditions # 64-397 Page lof 5 SALEM CONSERVATION COMMISSION DEP FILE #64-397 7-17 Thomas Circle,320 Highland Avenue, and Rear Ravenna Avenue City of Salem,Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage &Endangered Species Program(NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance, Salem Code Chapter 34,Section 34-1—34-13. This Order permits the construction of a cross-country sewer line to connect to an existing municipal cross-country sewer line. All work performed within the Buffer Zone and within the Riverfront Area will be done within an existing sewer easement on property owned by the City of Salem,the Salem Conservation Commission and Thomas Circle Realty Trust located at 320 Highland Avenue,Rear Ravenna Avenue, and 7-17 Thomas Circle. SPECIAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 5 pages) at the Essex 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;and recording information must be submitted to the Salem Conservation Commission in writing,before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131, Section 40, Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34, Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones, other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing, a sign shall be displayed showing DEP File#64-397,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 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. Attachment to Order of Conditions # 64-397 Page 2of 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 Corps 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 in 314 CMR 9.00. (3) The City of Salem Wetlands Protection Ordinance and its Regulations 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. The Commission or its Administrator,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131,Section 40,the Wetlands Regulations 310 CMR 10.00, and shall have the right to require any data or documentation that it deems necessary for that evaluation. 12. The Commission or its Administrator shall have the discretion to modify the erosiontsiltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Final Approved Plans Site Plan for a Proposed Cross-Country Sewer Line at 7-17 Thomas Circle, Rear Ravenna Ave, and 320 Highland Avenue Title April 28, 2005 Dated Scott Ian Patrowicz Signed and Stamped by City of Salem Conservation Commission On file with 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend Attachment to Order of Conditions # 64397 Page Sof 5 this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity, and shall be referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a PRE-CONSTRUCTION MEETING between the project supervisor, the contractor responsible for the work,and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least forty-eight(48) hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be 20 hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; the Commission may require additional measures. 23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment form entering wetland resource areas. 24. 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. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. Attachment to Order of Conditions #64-397 Page'4of 5 27. Within thirty (30)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. 28. If soils are to be disturbed for longer that 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 surface shall be stabilized by other appropriate erosion control measures, firmly anchored, to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 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 river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby 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 21A, section 16. AFCER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance (COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. Attachment to Order of Conditions # 64-397 Page Sof 5 (3) An "As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection Act. This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or buffer zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to, all buildings,septic system components, wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-"work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. 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. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS 43. The applicant shall clear at 15-foot wide path along the municipal sewer easement on an up-gradient bias the length of the easement from the sewer connection point, south to Highland Avenue. All vegetation cut shall be chipper and level spread within the 15-foot wide sewer easement area. 0 CITY OF SALEM CONSERVATION COMMISSION Memo for the file Thomas Circle #64-397 Summary of Activities and Follow-up for the site Tony Tiro, land owner and person performing the construction came before the Commission because an area labeled as "Area of No Work No Disturbance, No Storage of Construction Equipment and/or Materials" on the approved plan, had been disturbed and. all existing brush had been removed. The project at Thomas Circle first came before the Commission on September 28, 2006. The Commission decided to issue an Enforcement Order (EO), which was sent on October 2, 2006 requesting the' applicant licant cease and desist all work on theproperty. q 9 PP The EO requested that the land owner come before the Commission at their next meeting. Mr. Tiro came before the Commission on October 12, 26, and November 16 (See meeting minutes for details). Ultimately after hay bales were installed properly the Commission agreed that Mr. Tiro Will need to monitor the site over the winter. Mr. Tiro would also need to present a plan for the next growing season and that the plan needs to include plantings to replace the ones disturbed during the construction. The Conservation Commission would re-assess site conditions in the spring. The Conservation Commission reminded the Owner that prior to re- starting work he needs to notify the Conservation Agent. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 ♦ www.SALEM.COM • •:� .�, fY rt�y f � � Y: 1� s S I 4 I i* S cy� l` ax .��✓ VJ x Ik '✓P( � 1 • lyf Rl r�. k�lxj ' • A • I l A `. 1 u IWI s i f r•S.� •tf I '- ,�i • q , ' � 7k r �S � Ifnl1 N^`f.\\� Y Tx�� "@ari R•'t � 't t �x ,p •' ' `'1 �yy rr .z , a4 " `tll +�� 'Ayy'r�r ' yl•... Ax �• .�°I'"Iqq�{{';; yae't �•Y ty` ��m vk • T�R+,.L'S '��T, sL�wi•�f�. a '-R.� CITY OF SALEM CONSERVATION COMMISSION May 20, 2008 Tony Tiro Tiro Development and Construction 9 Gianna Drive Saugus, MA 01906 Re: DEP#64-397—Extensions to an existing sewer line— Thomas Circle, Salem, Massachusetts Dear Tony Tiro: Please be advised that the Order of Conditions for the above referenced project will expire on July 14, 2008. If this project is complete, you should submit the required reports and Request a Certificate of Compliance (enclosed forms) from the Salem Conservation Commission. If this project has not been completed, than you must submit a written request for an extension of the existing Order of Conditions to the Commission at least 30-days prior to the expiration of the order, as required in the Wetland Protection Act. If the project has not been completed and your Order of Conditions expires, you will be required to file a new Notice of Intent to complete this previously approved project. According to my notes, when you last came before the Conservation Commission, a planting plan and additional plantings were required on lot 732, prior to issuing a Certificate of Compliance. Please contact me at (978) 619-5685 if you have any questions. Sincerely, Carey Du ues Conservation Agent/Planner Enclosures + x � jr ,.i sin�_�,..,•..r Aw- at ti �a a@, _ <..of ay {�y a'A� t(/ {�� as. .�,� a ✓ 1 a/ •^ � .,,€ °�r<�.�k4�x.�res X 4 f til t a�'1�JfYI <'1 I A�xr 1 Cr'.+t !rte�.�a1�i.�' .� .v--�`�m.►_�,-.r-- � ^ �. i �'r t a r €` r �..*v �' r,�'Fi;..i {{��ij�{+��l�.Sy \'rh�Tj��'M� '„Sq`yy-!i'+�y[4�^�'A➢ +�y� bsf'-a.+ f,s {gri tfY 3� 4 d,' ♦ f ?'�•4 tit- �� r lot y� t,*��yr{�.`�-�y� J sy�*'-�',�;.�y}Sj'Y 8'�i.� �h� �"�:%.t' +iM� 4�ii�-r'.•�Yt •` ?!i EL � ¢ 1 ti 7 }t y�i� f ✓ .a�.' Al mcaef.r „ 'ja yx • 'tea. ¢ _ ii '�# r"" �t tl nN > h `S' {M1�. oto':..? '• '!�+'{i! :;';'�'`'�.v;..t.,� a ` 9 - �> k thn p f r _ Y A l p.��y� `��i`�•r d� a �,+T r i P 3, � � n x•;6 S 'r r '-e �� / ��dd�' � L .•k N a f CC - fl� i .� � .3� x tik'aPr��a "�. 54 .n�i'x' � ci�y �'�/r�, * r� � �'•o�F_ e, j �7 1,' N-51 Mr. Anthony V. Tiro RECEIVE w 9 Gianna Drive MAY 2 9 Saugus, MA 01906 2008 (617) 212-8080 DEPT. OF PLANNING 6 COMMUNITY DEVELOPMENT May 27, 2008 To: Ms. Carey Duques, Consultations Agent/Planner Per our conversation and letter dated May 20, 2008, I am requesting a 2 year extension of the existing Order of Conditions for DEP#64-397. Please contact me at the above telephone number should you have any questions in this regard. Yours truly, Anthony V. Tiro REFINED CITY OF SALEM JUN 1 8 2008 PUBLIC PROPERTY DEPT.OF PLANNING& DEPARTMENT KIMSERLEY DRISCOLL COmMLINITY DEVELOPMENT MAYOR 120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970 TEL:978-745-9595 1 t'Ax:978-740-9846 June 18,2008 Mr. Anthony Tiro 9 Gianna Drive Saugus,Ma. 01906 RE: 7-9 Thomas Circle Dear Mr.Tiro, Since my April 16 letter to you on the subject of the above properties you have made some progress in addressing the issues raised in that letter.We have also granted a Certificate of Occupancy on the completed house after being assured by you that all the items would be addressed: The following is a list of issues from the April 16 which still un-adressed • The prefab house at lot 3 does not match site-built foundation. You need to address howyou intend to remedy that situation. Your statement to me that the existing detail was done intentionally to provide a brick shelf is patently ridiculous. • A Drainage Pipe has been installed so as to discharge on adjacent property at Lot#4 • Pavement of public roads is incomplete and patches do not match adjacent pavement • Road layout does not provide 20' wide access at beginning of circle • The 155 If guardrail indicated on the approved Site Plan has not been installed • Drainage Swale adjacent to lot#1 not built per approved plan. In addition to previously cited problems • there is no portable toilet on site for workers at the unfinished building • excavation equipment remains on site long after work is completed • partial foundation excavation lot 2 is unprotected andP oses a hazard These issues must be addressed immediately.Failure to do so may result in further action including the filing of complaints in District Court. :16L Thomas McGrath Assistant Building Inspector City of Salem 978-745-9595 x5644 c Tanning Bo ,Mayor's Office,Engineering CITY OF SALEM a' PUBLIC PROPERTY DEPARTMENT KIMBERLEY DRISCOLL MAYOR 120 WASHINGTON STREET•SALEM,MASsACHus=01970 ZfiL 978-745-9595• FAx:978-740-9846 VIOLATION NOTICE 7-9 THOMAS CIRCLE April 22, 2008 Mr. Anthony Tiro - 9 Gianna Drive Saugus,Ma. 01906 RE: 7-9 Thomas Circle Dear Mr.Tiro, At a recent visit to Thomas Circle, several violations of the Building Code(CMR 780)and of the Salem Code of Ordinances Section 12-56 were observed. These violations include: • Uncontained construction debris left on site and migrating to adjacent property • Roof Shingles have blown off the House,at Lot#3 • The prefab house at lot 3 does not match site-built foundation. • A Drainage Pipe has been installed so as to discharge on adjacent property at Lot#4 • Wood posts for side egress stair and rear deck are bearing directly on filled earth without Foundations at Lot#3 • Deck posts at Lot#4 are improperly installed • Pavement of public roads is incomplete and patches do not match adjacent pavement • Road layout does not provide 20"wide access at beginning of circle • The 1551f guardrail indicated on the approved Site Plan has not been installed • Drainage Swale adjacentto lot#inot built per approved plan. These violations must be addressed immediately.Failure to do so may result in further action including the filing of complaints in District Court. Sincerely, Thomas McGrath Assistant Building Inspector City of Salem 978-745-9595 x5644 cc: Planning Board,Mayor's Office,Engineering tea . CITY OF SALEM CONSERVATION COMMISSION October 2, 2006 Via: Certified Mail#7005 3110 0000 7176 5441 Scott Patrowicz, P.E. 10 Derby Square, Fourth Floor Salem, Ma 01970 RE: ENFORCEMENT ORDER-#7-17 THOMAS CIRCLE,RAVENNA AVE REAR,#320 HIGHLAND AVE.,SALEM,MASSACHUSETTS Dear Mr. Pattowicz: Enclosed you will find an Enforcement Order for the above referenced property. As the Order states, you must cease and desist the present activity on your property and attend the October 12, 2006 public hearing of the Salem Conservation Commission to discuss the matter in further detail. Should you have any questions regarding this matter I can be reached at (978) 745-9595 extension 311. Sincerely, Carey Duques Conservation Agent/Planner enclosures Cc: 'CSalemConser�ation-Commission Massachusetts Department of Environmental Protection,Northeast Regional Office 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 9A — Enforcement Order 64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information portarn WThis Enforcement Order is issued b When filling out Y: forms on the Salem October 2, 2006 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Scott Patrowicz return key. Name of Violator VQ�` 10 Derby Square, Fourth Floor, Salem, MA 01970 Address 1. Location of Violation: #7-17 Thomas Circle, Ravenna Ave Rear,#320 Highland Avenue Property Owner(K different) 31 Ravenna Avenue Street Address Salem 01970 Citylrown Zip Code Map 8 Lots 8, 20& 102 Assessors Map/plat Number ParceKot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Non approved clear cutting and disturbance within the buffer zone to a Bordering Vegetated Wetland B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40)and its Regulations(310 CMR 10.00), because: ❑ the activity has been/is being conducted without a valid Order of Conditions. the activity has been/is being conducted in violation of the Order of Conditions issued to: Scott Patrowicz July 14, 2005 Name Dated 64397 14, 15 File Number Condition number(s) wpaform98.doc•rev.7/14M Page t o/3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9A — Enforcement Order 64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ❑ Other(specify): C. Order The issuing authority hereby orders the following (check all that apply): The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as..required by the Act and Regulations shall be filed with the Issuing Authority on or before Date 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. 0 The property owner shall take the following action to prevent further violations of the Act: Secure erosion control measures and install haybales and sildence in areas where its necessary. Property owner and applicant shall be present at the October 12, 2006 Salem Conservation Commission Meeting to discuss the wetland violations on this property in greater detail. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section(a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpekmfJe.doo•m.7114004 Peal 2 of 3 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 9A — Enforcement Order 64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Carey Duques Name 978-745-9595 ext 311. Phone Number 8am-4pm Monday thru Wednesday Sam-7pm on Thursdays Sam-12(noon)on Fridays. Hours/Days Available Issued by: Salem conservation Commisafon In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signat s: lt4e� Signature of delivery person or certified mail number wpaWr0a.doc•m.71141W Page 3 of 3 f' s� YT p s A" f r i.: ✓J f , ,-+k � NT.,9+5°!�-x� � �f � r,�� k i,� �. f � f ror F t � 6 r w " F � 75 y t Aia � t a s+ EPP ski" nfa�i.�a 4z' dY _ T cf' � x- PATROWICZ LAND DEVELOPMENT ENGINEERING September 28, 2006 Salem Conservation Commission Municipal Offices 120 Washington Street Salem, MA 01970 RE: Thomas Circle Dear Commission Members: On 9/20/06,the Conservation Commission agent and the site contractor(land owner: Tony Tiro) met at the site to discuss recent work on lot 1 up-gradient of the existing pathway for the sewer trunk line. The pathway and sewer trunk line was constructed in 1977, and as the Commission remembers from last year's site walk, is presently overgrown with brush. Under the current Order of Conditions the contractor is to clear a fifteen(15) foot wide area, the length of the path(from Highland Avenue to the site, so that the sewer easement can be maintained). On the 9/20/06 site walk,we saw additional slope stabilization(to include filling, approximately six feet at the highest point, and boulder wall construction next to,up-gradient of the existing old stone wall). The area was further stabilized by hay mulch to reduce erosion within this buffer zone area. This area is close to the ongoing work allowed for the new sewer line construction. It was discussed at the site walk that the current Order of Conditions might be amended to reflect this work on lot 1. Unfortunat , unable to attend tonight's meeting to discuss this matter with you. I seek your advice on t proceed. Thank you. PATRO Z LAND DEVELOPMENT ENGINEERING Scott attowicz, P.E. cc. Tony Tiro 14 Brown Street, Salem, Massachusetts 01970 Cell: 978-836-6400 Fax: 978-745-4110 Email: scott.patrowicz@verizon.net f/ i eo CITY OF SALEM CONSERVATION COMMISSION STTF VIS TTT FORM PROJECT LOCATION: —6 �,IYC lA DATE OF SITE VISIT PROJECT PROPONENT: 3nlLL,DwZ7t7- DEP FILE NUMBER: PROPOSED WORK: �AJe^( Q PMS)\C1w ;'IN ATTENDANCE1775 Commission Members/Agent:wQi� Abutters: Applicant/Property Owner/Representative: ,SIT.E_VISIT PURPOSE . ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent Certific to of Compliance ❑Enforcement/Viol n Emergency Informal _ g y ❑ �?X-C" - iAREAS,OF, URISDI_ 'Aw1 + a T INLAND RESOURCE AREAS a COASTAL RESOURCE AREAS ❑Bank ❑ Land Subject to Coastal ❑Land Under the Ocean ii ; Storm Flowage ❑Bordering Vegetated Wetland ❑ Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding ❑ Coastal Dune ❑ Barrier Beach ❑Land Under Water Bodies or Waterway Name: Coastal Bank ❑Rocky Intertidal Shore F-1 Riverfront Area E] Salt Marsh F-1Land Under Salt Pond ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- j Shellfish dromous Fish Run Ij ❑ Bordering Vegetated Wetland in Coastal Area is 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM i C:^, Yta-cre:5°"so*�^.`�r BUFFER.ZONEx(withm ❑Water Body Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑ Coastal Dune Protection of of Water Supply Protection of Groundwater SupplyFlood Control TTT�Storm Damage Prevention Prevention of Pollution Protection of Fisheries Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. SITE•YISI'f DOCUMENTATION:' '" � _� , _. r,,;: ❑Photos ❑ Site Map ❑ Other: Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; ad;p.ecnt land uses. N;VW - Cen'plAA -)oAakQ iJ i, `` l ool k 6nr ,u J u demo\ f _ \ �rn ` le I( c mwN SVA ,T� r-',C' y�r" el(S�wl i I a n.:a , RECOMMENDATIONS:., .' ,., mow a :J> � =� °c�N DrcC. �Mt (f" vt l` \ R. CITY OF SALEM 4P CONSERVATION COMMISSION July 18, 2005 Scott Patrowicz Patrowicz Land Development Engineering 10 Derby Square, 4`h Floor Salem, MA 01970 Re: Order of Conditions DEP#64-397—7-17 Thomas Circle,320 Highland Avenue, & Rear Ravenna Avenue Dear Mr. Patrowicz: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appear period and prior to starting any work on site, this document must be recorded at the Essex County Registry of Deeds. Please fill out and return the Recording Information on page 9 of the Order of Conditions, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 745-9595 x 311. Sincerely, ran rmina Planner Conservation Agent Enclosures 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 • WWW.SALEM.COM O L CITY OF SALEM CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a public hearing for a Notice of Intent under the Wetlands Protection Act,Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of Scott Patrowicz, 10 Derby Square,Salem,MA 01970. The purpose of this hearing is to discuss the construction of a sewer line within an existing sewer easement within a buffer zone to a BVW on property owner by the City of Salem, Salem Conservation Commission, and Thomas Circle Realty Trust located at 320 Highland Avenue,Rear Ravenna Ave, and 7-17 Thomas Circle. This hearing will be held on Thursday,May 26,2005 at 6:00 p.m. in City Hall Annex,Room 313, 120 Washington Street. Kevin P. Cornacchio Chairman Please run legal advertisement on: May 19, 2005 Please send bill to: Scott Patrowicz Land Development Engineering 10 Derby Square, 4'Floor Salem, MA 01970 (978) 745-2288 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM CITY OF SALEM CONSERVATION COMMISSION NfCLylYhall:h July 16, 2008 Tony Tiro Tiro Development and Construction 9 Gianna Drive Saugus, MA 01906 Re: Extension Permit for Orders of Conditions—DEP #64-397 Extensions to an existing sewer line- Thomas Circle, Salem,Massachusetts Dear Mr. Tiro: Enclosed, please find the Extension Permit for Orders of Conditions for the above referenced project. The attached Extension Permit must be recorded at the Essex County Registry of Deeds, Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts. Once recorded, please return a copy of Page 3 of the Extension Permit, which will indicate to the Commission that the document has been recorded. This extension permit is good until July 14, 2011 and allows you to complete the sewer extension project at Thomas Circle in Salem as described in the original Notice of Intent filed in May 13, 2005. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, Carey Du ues Conserv ion Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office I Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions 64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant: forms on the Tony Tiro computer, use Name only the tab key to move 9 Gianna Drive your cursor- Mailing Address do not use the Saugus MA 01960 return key. CityfFown State Zip Code m 2. Property Owner (if different): Name avn Mailing Address Cityfrown Stale Zip Code B. Finding Information The Order of Conditions (or Extension Permit) issued to the applicant or property owner listed above on: July 14 2005 Date for work at: 7-17 Thomas Circle, 320 Highland Avenue and Map 8 Lots 8, 20, and Ravenna Ave. Rear Assessor's Map/Plat Number 102 Street Address Parcel/Lot Number recorded at the Registry of Deeds for: Essex County Book Page 461063 on Certificate of title No. 78478 Certificate(if registered land) is hereby extended until: July 14 2011 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Date Issued by: Conservation Commission wpaform7.doe-rev.7/14104 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands �1 WPA Form 7 — Extension Permit for Orders of Conditions 64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Finding Information (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy sent to th app ' t and the approp 'ate DEP Regional Office. Signatures: 01 �f WU Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 10 of July 2008 Day Month Year Before me, the undersigned Notary Public, personally appeared K. Cornacchio, K. Glidden, M. Blier, D. Summer, A. Hamilton, Name of Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Cltyfrown Conservation Commission CAREY R.OUCUES Pubk IM Qorm�o 'd�w Signature ofotary Public Care R. riuclues Printed Name of Notary Public Place notary seal and/or any stamp above August 16, 2013 My Commission Expires(Date) wplorm7 doc•rev.7114/04 Page 2 of 3 Massachusetts Department of Environmental Protection l� Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 7 — Extension Permit for Orders of Conditions 64-397 l �l Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions (see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit. To: Salem _ Conservation Commission - Please be advised that the Extension Permit to the Order of Conditions for the project at: 7-17 Thomas Circle, 320 Highland Avenue and 64-397 Ravenna Ave. Rear DEP File Number has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant w aform].doc•rev.7M4104 Page 3 of 3 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS UV DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET, BOSTON, MA 02108 617-292-5500 MITT ROMNEY ELLEN ROY HERZFELDER Governor RECEI V`,E® Secretary KERRY HEALEY Lieutenant Governor JUN 0 8 2005 ROBERT W.GOLLEDGE,Jr. Commissioner DEPT.OF rLANNING& COMMUNITY DEVELOPMENT DEP File# 064-0397 RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM DATE: 6/6/2005 10:41 AM (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: Scott Patrowicz Owner: Patrowicz Land Development Address: 10 Derby Street - 4th Floor Address: Salem, MA 01970 LOCUS: 7 - 17 Thomas Circle IF CHECKED,THE FOLLOWING ITEM(S)APPLY TO THIS NOTICE OF INTENT: A.-(X)-This project has been assigned the following file# : 064-0397 Although a file#is being issued,please note the following: 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. Q 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; This information is available in alternate format.Call Aprel McCabe,ADA Coordinator at 1-617-5561171.TDD Service-1-800-298-2207. DEP on the World Wide Web: http://w .mass.gov/dep 00 Printed on Recycled Paper 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. O 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. O 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: Mr. MICHAEL ABELL at 617 654-6681. Cc: Conservation Commission: Salem Conservation Commission,City Hall 1 Salem Green CITY OF SALEM CONSERVATION COMMISSION SITE VTSTT FARM PROJECT LOCATION: 1w a.) Grc% �'�� DATE OF SITE VISIT PROJECT PROPONENT: Cy-CA ' !;L1400541 alui DEP FILE NUMBER: PROPOSED WORK: lyoAseel Croy— touNlry scwu IlAt CdMnlG66-1 I[ —NPAN6j LIN_�TTECE jAnjt —F�71 Conum embers/ Abutters: Applicant/Property Owner/Representative: S C C> t r G r elan I C ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ANoticeofIntent ElCertificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal INLAND RESOURCE AREAS COASTAL RESOURCE AREAS ii ❑Bank j ❑ Land Subject to Coastal ❑Land Under the Ocean Storm Flowage Bordering Vegetated Wetland ❑ Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding ❑ Coastal Dune ❑Barrier Beach ❑Land Under Water Bodies or Waterway Name: ❑ Coastal Bank ❑Rocky Intertidal Shore XRiverfront Area (p Iod 0{ ❑ Salt Marsh ❑ Land Under Salt Pond a00 F� ❑Vernal Pools Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run ❑ Bordering Vegetated Wetland in Coastal Area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 ♦TEL: 978.7455.9595 Far: 978.740.0404 ♦ WWW.SALEM.COM • ry�yea . ,.,a as..a z'k^✓'_'�.6Y.ts-,..w:;..M1A€' t ».y ""°.Ks �'n""F '.eMwr •. w nm,w 1' +Yfi=w.e BUFFER ZONE lwithin_1004eet),,. ,.�.rw ❑Water Body Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑ Coastal Dune ,„ ...,�;^... ,,. ..,.�.. ..,.. y:«f, INTERESTS PROTECTED. .A . z s '� air g Protection of Water Supply Protection of Groundwater Supply Flood Control Storm Damage Prevention Prevention of Pollution ❑Protection of Fisheries Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? o Are resource area boundaries delineated correctly? If not,explain. SITE=VISITDOCUMENTATION: ❑Photos ❑ Site Map ❑ Other: f'`Si k.iA'4n Kti:w.e 'M'a�. .�^.h"a,._4":fl br `f'... R e ....n.w V S:t.fY�. TM*Nf W°An y::t1Y`..n'nry�' "i •x lq�;n *e#}'^fig Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible veinal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. RECOMMENDATIONS __' . bi-ax Yt4L -� Opye-ie/a.&A C�iY i'IA r tX UfAC, tn,. Page 1 of 1 Frank Taormina From: Scott Patrowicz [scott.patrowicz@verizon.net] Sent: Tuesday, June 07, 2005 11:52 AM To: Frank Taormina Subject: Re: Transfer of property on 5/27/05 to Crete LLC, DEP File #064-0397 ----- Original Message ----- From: KEPRENTAKIS@aol.com To: icorrenti@serafinilaw.com ; scott.p�trowicz@verizon.net Sent: Tuesday, June 07, 2005 11:15 AM Subject: Con Com Joe and Scott The Con Com for Thomas Circle is scheduled for Thursday. My memory is that the Con Com closed the public hearing and the only reason the vote was postponed was the absence of a DEP file number. I will not be at the Con Com as I will be attending an event at my daughter's school. Prior to filing with the Con Com, I had informed you that ownership of the land was to be transferred out if Thomas Circle Realty Trust at the end of May. The transfer happened on May 27, 2005. The new owner of the land is Crete LLC, 9 Bridge St., Salem, Nondas Lagonakis, Manager Kosta Prentakis No virus found in this incoming message. Checked by AVG Anti-Virus. Version: 7.0.323 / Virus Database: 267.6.5 - Release Date: 6/7/2005 6/7/2005 Frank Taormina From: Joe Nerden Sent: Thursday, May 12, 2005 4:00 PM To: Frank Taormina Cc: Bruce Thibodeau Subject: Thomas Circle Sewer extension permit Frank, , As discussed either today, the City Engineering Department is amenable to the proposed sewer extension plan done by Scott Patrowicz, for Thomas Circle. Additionally, we ask that the project proponent be allowed to perform any surface access maintenance needed along the City's existing 15 inch sewer interceptor, accessible from Highland Avenue and within the Conservation Commission's jurisdiction. We still need to see more details prior to the rest of the project moving forward but for the purposes of applying to the MADEP, for a sewer extension permit, the level of detail is adequate. Joseph E. Nerden Asst. DPW Director& Asst. City Engineer Department of Public Services 120 Washington Street, 4th Floor Salem, Massachusetts 01970 tel. 978.745.9595 x321 fax. 978.745.0349 email: jnerden@salem.com 1 t. Page 1 of 1 Frank Taormina From: Joe Nerden Sent: Thursday, May 26, 2005 5:35 PM To: Frank Taormina Cc: Bruce Thibodeau; Scott Patrowicz (E-mail) Subject: Letter for Thomas Circle Sewer Line Connection Frank, This email is in support of the Thomas Circle project being presented in-front of the Conservation Commission tonight. Although there are several design issue yet to be worked out for the larger project as a whole, Engineering/DPW supports the applicant's request for access and work in areas under jurisdiction of the Conservation Commission. Additionally, We ask that the applicant be granted permission to clean-up and restore access to the proposed sewer connection point all along the City's existing sewer easement, entering from Highland Ave. The work proposed is the most practical point of connection and extension of the City's sewer system for this project. Once permission has been granted the other design aspects can be worked out for review and approval by the City Engineer. Joseph E. Nerden Asst. DPW Director& Asst. City Engineer Department of Public Services 120 Washington Street, 4th Floor Salem, Massachusetts 01970 tel. 978.745.9595 x321 fax. 978.745.0349 email: jnerden@salem.com 5/26/2005 RECEIVED MAY 17 2005 DEPT. OF PLAI'MING& COMMUNITY DEVELOPMENT Cert Fern ABUTTER NOTIFICATION FORM DATE: May 12, 2005 REGARDING: Salem Conservation Commission Public Hearing Notice To Whom It May Concern: As an abutter within 100-feet of the proposed project, please be advised that a NOTICE OF INTENT application has been filed with the City of Salem Conservation Commission under the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Ordinance. APPLICANT: Patrowicz Land Development Engineering PROJECT LOCATION: #7-17 Thomas Circle, Ravenna Avenue Rear, #320 Highland Avenue ASSESSOR'S MAP: 8 LOTS: 8., 20, 102 PROJECT DESCRIPTION: Proposed construction of a cross-country sewer line to connect to an existing municipal cross-country sewer line. All work is to be performed in a buffer zone to a Bordering Vegetated Wetland resource area. PUBLIC HEARING DATE &TIME: May 26, 2005 at 6:00 PM PUBLIC HEARING PLACE: Salem City Hall Annex, 120 Washington Street, Third Floor NOTE: You may consult a copy of the SALEM EVENING NEWS for information regarding the time and date of the public hearing. You may contact the Salem Conservation Commission at 978-745-9595. Plans and the Notice of Intent application describing 745 9595. the proposed work are on p p file with the Salem Conservation Commission located at Salem City Hall Annex, 120 Washington Street, Third Floor, Salem, MA 01970. Phone: 978-745-9595. You may also contact the Massachusetts Department of Environmental Protection, Northeast Regional Office, One Winter Street, Boston, MA 02108 Phone: 617-654-6500 for more information about this application and/or the Wetlands Protection Act. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions #64-397 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. 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 this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: SALEM Conservation Commission Please be advised that the Order of Conditions for the.Project at: 7-17 Thomas Circle, 320 Highland Avenue, & #64-397 Ravenna Avenue Rear DEP File Number Has been recorded at the Registry of Deeds of: Essex South District County Book Page for: Crete LLC Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: July 14 , 2005 Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: 461063 on Certificate of Title No. 78478 Document Number Signature of Applicant v aform5.dm• rev.3/1/05 Page 9 of 9 SERAFINI, SERAFINI, DARLING & CORRENTI, LLP ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI. SR. TELEPHONE JOHN R. SERAFINI. JR. 978-744-0212 JOHN E. DARLING 781-581-2743 JOSEPH C. CORRENTI TELECOPIER November 9, 2005 978-741-4683 Frank Taormina2005 5 Salem Conservation Commission 120 Washington Street C©�EPT, ��L [.,,'ING� Salem, Massachusetts 01970 1ULINOEI';;LOPMENT Re: Order of Conditions #64-397 7-17 Thomas Circle Dear Mr. Taormina: Enclosed please find the completed Recording Information sheet in connection with the above Order of Conditions, for your files. If you have any questions, please do not hesitate to contact me. incerely (tom JP O�C. Correnti JCC:dl Enclosure cc: Crete LLC LAND DEVELOPMENT ENGINEERING • May 12, 2005 City of Salem • Conservation Commission 120 Washington Street-Third Floor Salem, MA 01970 RE: Notice of Intent Application Sewer connection to existing municipal sewer line within an existing easement • #7-17 Thomas Circle, #320 Highland Avenue, Ravenna Ave. Rear, Salem, MA PLDE #99-32 Dear Commission Members: • On behalf of my client: Thomas Circle Realty Trust, I respectfully request that you review the attached Notice of Intent application to allow for the construction of a sewer line to connect to an existing municipal cross-country sewer line. All work is to be performed in a buffer zone. The nearest wetland resource area is a Bordering Vegetated Wetland (which was flagged by DeRosa Environmental and surveyed by NSSC). The proposed work is more than 63-feet away from the • BVW as shown on the attached site plan. The proposed cross-country sewer line transects three properties owned by the following: Thomas Circle Realty Trust, The Salem Conservation Commission and The City of Salem. I respectfully submit seven (7) copies of the Notice of Intent application to include the following: •NOI Application (WPA Form 3), •NOI Wetland Fee Transmittal Form, •List of abutters (prepared by Salem Assessor's), *Abutter Notification Form, •Letter identifying the wetlands prepared by DeRosa Environmental, •Letter authorizing work within the existing City easement prepared by the City Engineer (attached separately), •Plan entitled: Site Plan for a Proposed Cross-Country Sewer Line by PLDE dated through May 12, 2005, •Copy of check for$237.50 (NOI filing fee made payable to the Commonwealth of Mass), •Copy of check for$267.50 (NOI filing fee made payable to the City of Salem). • It is my understanding that I will notify the abutter's (from the list of abutters) via certified (RRR) mail with the attached Abutter Notification Form. I will submit the"green cards" (RRR) to the Commission the night of the public hearing. It is also my understanding that you will prepare the legal advertisement and will submit it to the Salem Evening Newspaper for publication of the hearing date. • • 10 DERBY SQUARE,4TH FLOOR,SALEM,MA 01970 TEL:978-745-2288 FAX:978-745-5200 EMAIL:SCOTTPATROWICZ@VERIZON.NET I • Thank you for taking this matter under consideration. We look forward to the public hearing on May 26, 2005. If you have any questions, please do not hesitate to call me. Sincerely, PATRO LAND DEVELOPMENT ENGINEERING • Scott Patrowicz, P.E. • I ' • • cc. Joe Correnti w/attachments cc. Kosta Prentakis w/attachments • PATROWICZ LAND DEVELOPMENT ENGINEERING • Provided by DEP: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown hen ant Wfilling out A. General Information When forms on the computer,use 1. Project Location (Note: electronic filers will click on button for GIS locator): only the tab key to move your #7-17 Thomas Circle, Ravenna Ave Rear, #320 Salem 01970 • cursor-do not use the return Highland Ave. b.Cityrrown c.Zip Code key. Latitude and Longitude: Latitude e.Longdude 8 � 8 8, 20 & 102 I Assessors Map/Plat Number g. Parcel/Lot Number 2. Applicant: Scott Patrowicz, P.E. Patrowicz Land Development Engineering a.First Name b. Last Name c.Company Note: 10 Derby Square, Fourth Floor Before d.Mailing Address completing this Salem MA 01970 form consult your local e.Cityrrown f.State g.Zip Code Conservation 978-745-2288 978-745-5200 scott.patrowicz@verizon.net Commission h.Phone Number i. Fax Number j.Email address regarding any municipal bylaw 3. Property owner(if different from applicant): ❑ Check if more than one owner or ordinance. Conor McNulty, Trustee Thomas Circle Realty Trust a.First Name b. Last Name c.Company 9 Bridge Street d.Mailing Address Salem MA 01970 e.Cityrrown f.State g.Zip Code 978-744-9835 978-741-2178 h.Phone Number i.Fax Number j. Email address 4. Representative(if any): a.Firm t b.Contact Person First Name c.Contact Person Last Name d.Mailing Address e.Cityrrown f.State g.Zip Code h.Phone Number i.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): 500 237.50 262.50 a.Total Fee Paid b.State Fee Paid c.Cityrrown Fee Paid 6. General Project Description: To construct a sewer line within an existing sewer easement on property owned by the City of Salem, the Salem Conservation Commission and Thomas Circle Realty Trust. The proposed work is entirely with a buffer zone (work not in any resource area) as shown on the attached plan entitled: "Site Plan I for a Proposed Cross-Country Sewer Line" prepared by PLDE dated thru 5/12/05). . wpafonn3.doc•rev.3/29/05 Page 1 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem cityrrown A. General Information (continued) 7. Project Type Checklist: • a. ❑ Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ❑ Dock/Pier f. ® Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry i. ❑ Transportation j. ❑ Other 8. Property recorded at the Registry of Deeds for: Essex a.County b.Page Number 11802-E c.Book d.Certificate#(if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑Yes b. ® No • 10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ®Yes-answer 11 below, then skip to Section C. b. ❑ No-skip to Section B. 0 If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance, whichever is later. 11. Buffer Zone Setback—For projects that involve work only in the buffer zone, select the applicable 0 adjacent resource area (check one): a. ® BVW b. ❑ inland bank c. ❑ coastal resource area The distance between the closest project disturbance and the associated resource area is: 63 0 d. linear feet 0 wpaform3.doc•rev.3/29/05 Page 2 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town B. Resource Area Effects 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Bank 1.linear feet 2. linear feet number b. ❑ Bordering Vegetated (provided on Wetland 1.square feet 2.square feet your receipt page)with all c. ❑ Land Under 1.square feet 2.square feet supplementary Waterbodies and !� information you Waterways 3.cubic yards dredged submit to the d. ❑ Bordering Land Department. Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced . e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced f. ❑ Riverfront area 1.Name of Waterway(if available) 1. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only .� ❑ 200 ft. -All other projects 2. Total area of Riverfront Area on the site of the proposed project: Square Feet 3. Proposed alteration of the Riverfront Area: a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 R and 200 ft. 4. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 5. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No • wpaform3.doc•rev.3/29/05 Page 3 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent ILlDocument transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem B. Resource Area Effects City/Town 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on b. ❑ Land Under the Ocean 1.Square feet your receipt page)with all 2.Cubic yards dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you c. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1.Square feet 2.Cubic yards beach nourishment e. ❑ Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment f. ❑ Coastal Banks 1.Linear feet g. ❑ Rocky Intertidal Shores 1.Square feet h. ❑ Salt Marshes 1.Square feet 2.Sq ft restoration, rehab.,or creation i. ❑ Land Under Salt Ponds 1.Square feet 2.Cubic yards dredged j. ❑ Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged i. ❑ Land Subject to Coastal • Storm Flowage 1.Square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ❑ Yes ❑ No If yes, describe which limited project applies to this project: b. Limited Project wpaform3.doc•rev.329/05 Page 4 of 7 Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Co town C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary: Online Users: f. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2. ❑ DEP BVW Field Data Form (attached) number (provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP(attached) your receipt page)with all 4. ❑ Other Methods for Determining the BVW Boundary(attach documentation): supplementary information you a. ® 50% or more wetland indicator plants submit to the Department. b. ® Saturated/inundated conditions exist c. ® Groundwater indicators d. ® Direct observation For all projects affecting other e. ® Hydric soil indicators Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative 5. Other resource areas delineated: thse reorceow D. Other Applicable Standards and Requirements area was delineated. 1. Is any portion of the proposed project located in 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? a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive b. Date of Map Westborough, MA 01581 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? If yes, include proof of mailing or hand delivery of NOI to: a.[J Yes [I No Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 b. ® Not applicable—project is in inland resource area only 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. El Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC . wpaform3.doc•rev.3/29/05 Page 5 of 7 • Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem • CO/Town D. Other Applicable Standards and Requirements Online Users: 4. is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? document ❑ transaction a. Yes ® No number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page)with all wetlands regulations, 310 CMR 10.00. supplementary • information you a. ❑ Yes ® No If yes, describe which exemption applies to this project: submit to the Department. b.Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No • If yes, stormwater management measures are required. Applicants should complete the Stormwater Management Form and submit it with this form. b. If no, explain why the project is exempt: Project is for the construction of a sewer line within an existing sewer easement. • E. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. ' Online Users:Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. t. ® USGS or other map of the area (along with a narrative description, if necessary)containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) 2. 0 Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ® Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). • 4. ® List the titles and dates for all plans and other materials submitted with this NOI. 5. ® If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 6. ® Attach N01 Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Management Form, if needed. • wpaforrn3.doc•rev.3/29/05 Page 6 of 7 • Massachusetts Department of Environmental Protection Provided by DEP: Bureau of Resource Protection - Wetlands DEP File Number WPA Form 3 — Notice of intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem • Citylrown F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and NOI Wetland Fee Transmittal Form). • No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland • Fee Transmittal Form)to confirm fee payment: 9*1 S),zlC2-s 1.Municipal Check Number 2.Check date 3.State Check Number 4.Check date c(LI r& • 5. Payor name on check: First Name 6.Payor name on check:Last Name G. Signatures and Submittal Requirements I hereby certify under the 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. I understand that the Conservation Commissi ill place notification of this Notice in a local newspaper at the • expense of the applicant in a rda ce with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalti s of rjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 13 4 Notice must be made in writing by hand delivery or certified mail (return r requested)to ab within 100 feet of the property line of the project location. C 5/12/05 • Si ature of Applicant Date 5/12/05 Signature of Property Owner(d different) Date Signature of Representative(if any) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents;two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the cityttown fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of • pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to the DEP Regional Office(see Instructions)by certified mail or hand delivery. (E-filers may submit these electronically.) Other: If the applicant has checked the"yes" box in any part of Section D, Item 3, above, refer to that section and the Instructions for additional submittal requirements. • The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaforrn3.doc"rev.3129105 Page 7 of 7 • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 • Important: A. Applicant Information When filling out forms on the 1. Applicant: computer, use only the tab Scott Patrowicz, P.E. Patrowicz Land Development • key to move a. First Name b.Last Name Engineering your cursor- 10 Derby Square, Fourth Floor do not use the d.Mailing Address return key. Salem MA 01970 e.City/town f.State g.Zip Code 978-745-2288 • h.Phone Number 2. Property Owner(if different): Conor McNulty, Trustee Thomas Circle Realty Trust a. First Name b. Last Name c.Company 9 Bridge Street . d.Mailing Address Salem MA 01970 e.Cityrrown f.State g.Zip Code 978-744-9835 h.Phone Number 3. Project Location: #7-17 Thomas Circle, Ravenna Ave Rear, #320 Highland Salem Avenue b.City/rown To calculate B. Fees filing tr e category fees, refer toNotice of Intent(Form 3)or Abbreviated Notice of Intent(Form 4): fee list and examples in the The fee should be calculated using the following six-step process and worksheet. Please see instructions for Instructions before fillip filling out WPA 9 out worksheet. Form 3(Notice of Intent). Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. • Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. • Step 5/1rotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add$12.50. WWa m3 d.•NO]Wada Fee Transmittal Farm• .3/1105 Page 1 of 2 • Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 • B. Fees (continued) Step 1IType of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee • Catogory 2j: Other(utility-sewer 1 500 500 construction) • Step 611rotal Project Fee: 500 I'• Step 6/Fee Payments: Total Project Fee: 500 a.Total fee from Step 5 State share of filing fee: 23 b. 1//22 tto otal fee less$12.50 City/Town share of filling fee: 26 c. 11/22 total fee plus$12.60- C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. c.) To DEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Wpaform3.doc•NOI Wetland Fee Trarn itlal Fom•rev.311M5 Page 2 of 2 • DeRosa Environmental Consulting, Inc. 46 North Main Street 978-356-5408 Ipswich,Massachusetts 01938 Fax 978-356-4211 email:michaelj.derosa@verizon.net ` May 12,2005 • BY ELECTRONIC MAIL Salem Conservation Commission 120 Washington Street Salem, MA 01970 RE: Thomas Circle Delineation Thomas Circle Salem,Massachusetts i DECI File No.: 05-1031 Dear Frank&Members of the Commission: Our office was asked to comment on the jurisdictional definition of the wetland area located at the Thomas Circle parcel off of Thomas Circle, in Salem,Massachusetts. The purpose of our field investigation conducted in February 2005 was to delineate the boundary of wetland resource areas at the site including bordering vegetated wetland and examine the possibility of riverfront area Delineation As you requested,we have prepared this report with regard to the existing wetland resource area boundary determinations located at Thomas Circle, in Salem, Massachusetts. The boundaries of the existing wetland resource areas were delineated according to methodology described in the Massachusetts Wetlands Protection Act (MGL • Ch. 131 Sec.40)and its Regulations at 310 CMR 10.00, et sea., as well as guidance documents prepared by the MADEP, including The Guide to Inland Vegetated Wetlands Wetland Restoration,Wildlife Habitat Assessment,Permit Preparation,and Ecological Services • R1CURRENT PROJECMSALEM-THOMAS CIRCLE\BV W letter_l.dm -1- • • in Massachusetts, dated March 1988, as well as,Appendix G of Delineating Bordering • Vegetated Wetlands Under the MA Wetlands Protection Act, dated March 1995. Bordering Vegetated Wetland (310 CMR 10.55) The boundary of the bordering vegetated wetlands were delineated on February 11,2005 and demarcated with pink surveyor's flagging consecutively numbered A18 to A27, • which was a continuation of a wetland boundary determination conducted on an adjacent parcel. Vegetation, soils and other indicators of hydrology were used to make the boundary determination. Vegetation • The tree and sapling layers in the depressions were dominated by red maple(Acer rubrum). The shrub layer contained sweet pepperbush(Clethra alnifolia) and highbush blueberry (Vaccinium corymbosum). The herbaceous layer consisted principally of cinnamon fern(Osmunda cinnamomea)and sensitive fern(Onoclea sensibilis), and the everpresent purple loosestrife(Lythrum salicaria).These species constitute a wetland plant community under the Act. Soils Soils were used to determine the boundary between the upland and wetland. The wetland • A and B Horizons consisted of dark organic material with chromas of 1 or 2. The upland soils were characterized by B Horizons of chroma 3 or 4. Soil colors were determined using the Munsell Color Chart. Other Indicators Other indicators of hydrology were evident within the wetland areas of the depressions. The soils were saturated, with oxidized rhizospheres and weeping in test holes. Water- stained leaves were also present. In one area groundwater was weeping out of the hillside and a wetland plant community was present. We included this area as part of the bordering vegetated wetland,as well. (See plan by Patrowicz Engineering). In our professional opinion,the resource areas delineated in the field accurately represent the boundary of bordering vegetated wetland and bank in the Act at 310 CMR 10.55 and 10.58 et seg and the Bylaw. • Riverfront Additionally,we added two flags along the banks of the existing stream(see Patrowicz plan)to demarcate the boundary of the bank of the river under the Rivers Act. This Wetland Restoration,Wildlife Habitat Assessment,Permit Preparation,and Ecological Services R1CURRENT PROJECTS\SALEM-THOMAS CIRCLE\BVW letter l.dm -2- stream becomes quickly braided and loses its channel as it discharges to the large purple loosestrife marsh at the site. Accordingly, the bank is lost and riverfront area ends at the last bank flag(`Bank 2"). Summary Based on these observations,we believe that the delineation is an accurate demarcation of the existing wetland resource areas at the as defined under the Act and the City Wetland 40 Ordinance. Should you have any questions, please call anytime. Respectfully submitted, DeRosa Environmental Consulting,Inc. Digitally signed by Michael J.DeRosa J Michael J. DN:CN=Michael J.DeRosa,C=US, ��O=DeRosa Environmental Consulting,Inc. DeRosa Date:2005.05.1211:21:15-04'00' Michael J.DeRosa,Principal Wetland Ecologist Attachments: Professional Qualifications cc: Scott Patrowicz,Patrowicz Engineering,Inc.,(by email) Weiland Restoration,Wildlife Habitat Assessment,Permit Preparation,and Ecological Services • R:\CURRENT PROJECTS\SALEM-THOMAS CIRCLE\BV W lever_l Am -3- • • • ABUTTER NOTIFICATION FORM DATE: May 12, 2005 REGARDING: Salem Conservation Commission Public Hearing Notice • To Whom It May Concern: As an abutter within 100-feet of the proposed project, please be advised that a NOTICE OF INTENT application has been filed with the City of Salem Conservation Commission under the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Ordinance. • APPLICANT: Patrowicz Land Development Engineering PROJECT LOCATION: #7-17 Thomas Circle, Ravenna Avenue Rear, #320 Highland Avenue ASSESSOR'S MAP: 8 LOTS: 8, 20, 102 PROJECT DESCRIPTION: Proposed construction of a cross-country sewer line to connect to an existing municipal cross-country sewer line. All work is to be performed in a buffer zone to a Bordering Vegetated Wetland resource area. PUBLIC HEARING DATE &TIME: May 26, 2005 at 6:00 PM • PUBLIC HEARING PLACE: Salem City Hall Annex, 120 Washington Street, Third Floor NOTE: You may consult a copy of the SALEM EVENING NEWS for information regarding the time and date of the public hearing. You may contact the Salem Conservation Commission at ' 978-745-9595. Plans and the Notice of Intent application describing the proposed work are on file with the Salem Conservation Commission located at Salem City Hall Annex, 120 Washington Street, Third Floor, Salem, MA 01970. Phone: 978-745-9595. You may also contact the Massachusetts Department of Environmental Protection, Northeast Regional Office, One Winter Street, Boston, MA 02108 Phone: 617-654-6500 for more information about this application and/or the Wetlands Protection Act. • I� • • • • • • 'Ey`r ss `,..,3• ::is G'd .�nss§�T.=+ —r•.smc�r �e `E sss r+t +a + t.,ltvnat 'ta`.: 05/02/2005 8 .S Salem 1 m,*." °b' a' s 1.3'e' "F`. Go- a' ti," +.a ti �.e `r . x r Pae 1 of 1 't t,aty k n f,9r d. at �`, v 7 :. F :.,' aa4 9 y f° `§' A3'*' 7`m ° ."a ,fr '�^,,`':- , . a - �i... 9 ° °&` .� jj 347'49PM , �an6t�.` Abutters .,.'.`.....,n h8 .w'" s ParcellD Location Owner Co-Owner Mailing Address City State Zip 07-0042-0 329 HIGHLAND AVENUE HUTCHINSON RTY TR/MCAULIFF C/O HUTCHINSON MEDICAL 333 HIGHLAND AVENUE SALEM MA 01970 08-0004-0 43 RAVENNA AVENUE EDGAR&EMILY BOUCHER FAM T BOUCHER EDGAR JOSEPH 43 RAVENNA AVENUE SALEM MA 01970 08-0005-0 45 RAVENNA AVENUE GEORGE SCOTT W JANE H 45 RAVENNA AVE SALEM MA 01970 08-0006-0 47 RAVENNA AVENUE HERNANDO BENJAMIN J HERNANDO JEAN L 47 RAVENNA AVE SALEM MA 01970 08-0007-0 50 RAVENNA AVENUE JULIA TRUST JERMYN DEBORAH A TR 50 RAVENNA AVE SALEM MA 01970 08-0008-0 REAR RAVENNA AVENUE SALEM CITY OF 08-0009-0 46 RAVENNA AVENUE KANTOROSINSKI Z.STANLEY KANTOROSINSKI MARIA 46 RAVENNA AVE SALEM MA 01970 08-0016-0 334 HIGHLAND AVENUE LACHAPELLE ALDA E 334 HIGHLAND AVE SALEM MA 01970 08-0019-0 19 THOMAS CIRCLE PASQUALE PETER D ADAMO ALEXANDRIA 19 THOMAS CIR SALEM MA 01970 08-0020-0 THOMAS CIRCLE THOMAS CIRCLE REALTY TRUST MCNULTY CONOR D TR 9 BRIDGE STREET SALEM MA 01970 08-0021-0 9 THOMAS CIRCLE THOMAS CIRCLE REALTY TRUST MCNULTY CONOR D TR 9 BRIDGE STREET SALEM MA 01970 08-0022-0 7 THOMAS CIRCLE THOMAS CIRCLE REALTY TRUST MCNULTY CONOR D TR 9 BRIDGE STREET SALEM MA 01970 08-0023-0 5 THOMAS CIRCLE HOWLAND SUSAN M 3 THOMAS CIRCLE SALEM MA 01970 08-0026-0 2 THOMAS CIRCLE GUY JANE 2 THOMAS CIR SALEM MA 01970 08-0029-0 296 HIGHLAND AVENUE AMENTA MESSINA DESCHAMPS 305 N POMPANO BEACH BL POMPANO BEACHFL 33062-5137 08-0102-0 320 HIGHLAND AVENUE SALEM CONSERVATION COMM CITY OF SALEM MA 08-0145-0 319 HIGHLAND AVENUE MOOSE LOYAL ORDER OF SALEM LODGE 218 319 HIGHLAND AVNEUE SALEM MA 01970 08-0147-0 12 BARCELONA AVENUE LESPERANCE VICTOR P LESPERANCE BRIDGET B 12 BARCELONA AVE SALEM MA 01970 08-0148-0 16 BARCELONA AVENUE SIDERSKI CHARLES J 16 BARCELONA AVE SALEM MA 01970 08-0149-0 18 BARCELONA AVENUE PITREAU ROBERT J PATRICIA A 18 BARCELONA AVE SALEM MA 01970 08-0150-0 20 BARCELONA AVENUE ANTONIADES BASIL W JULIETTE A 20 BARCELONA AVE SALEM MA 01970 08-0151-0 22 BARCELONA AVENUE HOLLAND CHARLES F MARJORIE E 22 BARCELONA AVE SALEM MA 01970 08-0164-0 21 THOMAS CIRCLE CAO LIZHONG CAO SARAH HALL 21 THOMAS CIRCLE SALEM MA 01970 End of Report • • • • • i • a 947 ' CRETE REALTY TRUSTI 9 BRIDGE STREET SALEM, MA 01970 I). 53-7116/2113 k DATE PAY TO THE c S i ORDERROF[ \ y lJ F A LCw`� $ a S<J \W Gi -� - S� -'TW i.-�r��=S�UC7 DOLLARS Danvers FOR One Conant Sueet, an978-777-2200 —------- -- `ow 1 I� 22'00094721' t: 211371i621: 35 50499422' II '. 948 CRETE REALTY TRUST 9 BRIDGE STREET it ,I . SALEM, MA 01970 63-7716/2113 � DATE �it PAY0 THE �. ORDEROF� M Yho� �JC��c I-� G� �'I-\SSV „^ �CWc� �v \��- —h up yy pi -1 �`I'�1 DOLLARS LJ �..m• k 1 e Danvers Savings Bank ! i i On,Conant 51,ee,WnVef S..A 01923 978.777-2200 FOR 1I ��•• — ____`��5 �/ j -+_.- _—________________——_____-_^P IE II il'00094ali' 1: 21137116 2j: 35 SOL.99L.Ill U.S. Postal Service.. CERTIFIED MAIL. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.corna A L USE ru Postage C3 certified Fee EM plJOILOAA-d"I .- Lit�IM16 i PS Form 3600,June 2002 r . .See Reverse for Instructions Certified Mail Provides: A mailing receipt Lasa ea)aoozacar ooaeaaajsa ■ ■ A unique Identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Malls or Priority Mall, ■ Certified Mall is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt mar be requested to rovide proof of delivery.To obtain Return Receipt service,please complete antl attach a Return Receipt(PS Form 38111 to the article and add applicable postage to cover the fee.Endorse mailpiec a Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mal receipt Is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement°RestnctedDelivery°. ■ If a postmark on the Certified Mail receipt is desired, (ease present the arti- cle at the post office for postmarking. If a postma on the Certified Mail receipt is not needed,detach and affix label with postage and mal. IMPORTANT:Save this receipt andpresent it when making an inquiry. Internet access to delivery informaton.is not available on mail addressed to APOs and FPOs. SENDER: COMPLETE THIS SECTION .......... ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. 11Agent ■ Print your name and address on the reverse X, 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, _ or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: I If YES,enter delivery address below: 0 No I _ I The Commo wealth of Massachu ttg t Department €Environ to ctiofi Northeast Re onice One Winter St %t,�h loor4G Service Type Boston, 0 ��G XCer ified Mail 0 express Mail MA -` � 0)' 0 Registered 11 Return Receipt for Merchandise t ? --r-3 - -- - Insured Mail ❑C.O.D. estd*d Delivery?(Extra Fee) 11 es 2. Article.Number - (rransfer/romservice/abkA`�;r. N700W' 28 0a 3 �.. 71 5840 PS Form 3811,February 2004 - �ome4tic Return Rece t 102595-02-10-1540 r ,, UNITED STATESPOSTALSERVICE I First-Class Mail USPS e&Fees Paid Permit No.G-10 I • Sender: Please print your name, address, and ZIP+4 in this box • j I I �o Mm -� C n bzSalam Consorvallon Commission M_ 120 WashingWn Street,3rd R =•� o � Salem,A9A 019x0 I � r I I SENDER: COMPLETE THIS SECTION COMPLETS��ilS DELIVERY i ■ Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Deliveryis desired. 0 Agent X P Print your name and address on the reverse Addressee so that we can return the card to you. B. Received b Pnnted Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. S`�171 pVA%A.00t D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: �[ 1 If VES,enter delivery address below: 11 No 5CO-1 40QSAV )ci Adtlwa<« b-id 'De �''J . /D D446r r$ 9W 6� 3. Service Type ;/ J XCertified Mail 0 Express Mail Sa�/ Ile DI 0 Insured M 0 Return Receipt for Merchandise DIM) ❑ Insured Mail ❑C.O.D., 4. Restricted Delivery?.(Exam Fee) 0 Yes !'2. Article(7tansfertmmeservicefabegl 7004 28900003 2871 5833 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-ts4o UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box Salem Conservation Commission 120 Washington Street,3rd H Salem,MA 01510 q SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatu item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item i? Oyes 1. Article Addressed to: If YES,enter delivery address below: ❑No Certified 5� ` 1 "f � 019 TO C a. Service Type ertifed Mall ❑Express Mail I Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?Pft Fee) ❑Yes 2. Article Number _---- (Transfer from service label) 7005 3110 _00007176 5441 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540! i UNITED STATES POSTAL SERVICE I I I II I First-Class Mail Postage&Fees Paid USPS Permit No.G-10 I I • Sender: Please print your name, address, and ZIP+4 in this box II Salem Conservation Commission j 120 Washington Street,3rd H I Salem,MA 01970 I I I EO hep *W-39 I I C SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig Rem 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse X 0 Addressee so that we can return the card t0 you. B. Received by(Panted Name) C. Date of Delivery III Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Rem 17 11 Yes If YES,enter delivery address below: 0 No The Conrail-,,cahh of Massachusetts Department of Environmental Protection Northeast Regional Office 205B Lowell Street 3. Service Type Wilmington,MA 01887 1(certified Mail 0 Express Mail -- _ - -- 0 Registered ❑Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. ;owl 4. Restricted Delivery?OE&a Fae) 0 Yes 2. Article Number rir - +— �_., t{-_! _ it l'e Eii 'ii 37f (rmnsfer/rom service label) _ 7005_ 3110_ 0000 " 7176_ 5458 1 Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540J UNITED STATES P jtWzVLG9EX—E:S nate. wa V5 3 ' ICK--T 2XIDYwb Prot t • Sender: Please print your name, address, and ZIP+4 in this box i I I I I I I Salem Conservation Commission 120 Washington Street,3rd F Salem,MA 01970 I I I I I I 1 Ii — — — — — — — — — — — — — — — — — — — — — — — — — — -- 1 (1 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - FOUNDATION NOTES: 1) LALLY COLUMN SPACING 15 SUBJECT TO CHANGE UNTIL FINAL APPROVAL 2) STRUCTURAL DESIGN OF THE FOUNDATION PER 51TE CONDITIONS AND LOCAL AND/OR STATE CODES NOT BY N.E.H. 3) BULKHEAD AND SUMP,SIZE AND LOCATION PER SITE CONDITIONS NOT BY N.E.H.4) THE BJILDER SHALL SUPPLY E INSTALL TO THE FRAME DIMENSIONS OF THE q4 5 V ALL SITE SILLS b SILL SEALER SQUARE AND LEVEL BEFORE THE ARRIVAL mj OF THE MODULAR AND PANELIZED PORTIONS FOR SET BY NEP. (SEE SRM RECEIVED � pppp Aa Grp DETAIL REFERENCED BELOW) CEI Vii' D I SRM 8.004 NOV 2 3 200912,-1,5 , I /'s" DEPT. IT PI.AP•ELOP R � � F-71 � �� COh1�,4U€JiTYDtJELOP�9ENT l _ — —. EL-i — — — — — G' DROP TOP OF FND. STEE 112"m COLUMNSCONC.FILLED __——— WALL TO TOP OF FIN, SLAB 24"X24"X12" CONC.FTG. —_——— I ----- GARAGE —-——— UNEXCAVATED CONC. 51-AB PITCH TO DOORS 7'2DROP TOP OF FND. ----- Y \� WALLL TO TOP OF FIN. SLAB -------------- Ln 8' CONIC. WA- ---- FOOTING I I 4"CONC.SLAB ————— I WALL t FOOTING DIMEN51ON5 ----- 1 I I SUBJECT TO 501L CONDITIONS _____ I I I 4 BUILDING CODE REQUIREMENTS I I I I N I I I I I I I I - - - - - - - - - - - - - - - - -1- =r - - - - - - - rt -- - - - - - - ii t - - - - - - - - - - - - - - - - f bb 1 7 NOTE: ANY & ALL Material shipped loose for the site completion of the manufactured product is ULTIMATELY the SOLE RESPONSIBILITY OF THE BUILDER USTED BELOW to install and finish. ' Standard FOUNDATION PLAN NeW NEW ENGLAND HOMES INC. DRAM PRG DATE 01-27-06 N.E.H. 0301. England IMS„ RN DALE Standard Sheffield �Helmes rcicawa"r �"r 1 /4"=i'-o" LEGEND //�J 1.5'Sa YIXO POST 1P 1 4' AR OR m119ED(RADE HEAVY INS EBRAINCLE ANDRAN 000F PAYING / O~ 5 / A+ STEEL qmM Pp55 SET 10'ADAM C�C� Gipl BASIN qAM AROUND ENT y\yV ilk 1/�NMNIUM INSIDE CIFARhYCE OF 20 GCIiO AROUND UDE4TP�➢OISiONCE \ L£BARON Li 105 RI BE L£TiFHm'4NLR' o / �T PRO STIR PREouT OPwINO AN RUBBER / P'WT TRICE (yEE p1AX) 13'r&SEAN �MRON OR CUT D SEA- IN PRECAST 1\\ (O DRAINAGE 4NIHIX£ -FlXI91m DOW GRADIENT SflIFR MAN \ NW-BIflINK MORTAR YX°APRIL AND TAR MW srota �p0 - . CRIME PNC CQIRING _NW.41PE=1/{'FFR FT. \ MIN PULL TO BE SET RI"HD 0049® SIMMER RAIN Mal NLL DE OF MPRM \ =rn=ORNN PIPE �1�� } t' \ INFLUENT DAN USE HALF C£A PNC PLUS. BRICK MADE TAR COURSES OF S0.N4NT WELO PWC TO PW REM 1BV TO SEE CONTRACTOR °SY THE SITE gap11 'L j BRICK AND ARTAR(3 LWfl56 MIN.. PIPE BEDOINC WNSTRUC R PROM ro ) Y PVC SERMCE POLE(5ll1ER UTERIC) F` 5 CWASFs NA%J (SEE SERA - WNSWUCIKN FOR LCCATON. y% 1 F E TflfNCN CETNL) ^- S6E RIM AND KRAFT EIEAMONS V`: v „- -4'43'PNC BEND(ROTATE AS REQUIRED) - - �. rBITUMINOUS WATERPROOFING COMPOUND(TYPJ Goo TO BE RB.p`hD `%� -:�. MANUFIOACTURED BY THTS OF E KOPPERS CO NID 1� _ WNL OF MINGLE 1R 1p Rf11NX BERT FABRIC r GO PN"MF BRANCH MRI A"IEC r \ a'PUm IN ACCORDANCE Mal 1HpP y3 �Np IN CRWM.DO NOT : Ms1RUCTWS vur svaL W NEnAno O HNIpCAP PUMP PK"COUPUNG (. RpNFM NG SURICIEM TO MIHSTNIO �e f' R (NA%AOPE-0.0�. ADE OF FENCE CCXSTRUCT PER AHB SPECS SEFFA NNX PUN g -� - N-20 LON%XG WORK .�- svx SIfP9 NDC NORMAL LAANUE CURBING SILT FENCE DETAIL �'- CROP PIPE DuuETIR w CC CONCRETE WROMNG HOMES 1`. SEE NOTES MANHOLE TO CONFORM TO i ASIN SPEC.C-478 SMILE AS SEMER MAN = �� BC BITUMINOUS COMING J. .:,i 1-GRA Cl FOIL SERMCE CONFECTCN �1' (4000 PS NIK CONPRE59ME ST"ESSIN) -' oC[ PRP PRIM OF PAMIIwi(NO CMXBNC) TO BE TCP OF MAN AT BEND. EJ L SERNCE CONECTQI TRENCH MA-- _0-PING BURGER W51(Ei J%IM(M.) �/ q -R-ELECTRIC ONE(1Bh WMRT IN ALL WAIS TO THE GQIERk CONFORMING TO ASTM SENSE FM -�-M-EPNWE UNE(TBV) SPECIFICATIONS MD SmTOl4 FOR SEVER MAINS,TRENCH Yk.' t' RRYLE MIN FIRST POOR TO NEAE VY r-WATER LINE(MY) MpR MEN ALLl)W TO SILT - i .� MO WATER GATE(TBV) MOM COUNTRY :L sµx OE OAY Ry HYDRANT 4•LOAN ANO SfF UNDER PAV9h]IT { 45'PNC BEND 3^dJ /y0 +P- SE,AFA LME 1B OR APNfO'hD SLOPE SHIM"gOXO OR RE4IRFAONG 4 PVC CO RUNG § C-41JNOT PRONpNOSEMAIWTKNT SEAL SENO ` T.1BIE INVERT (V] O ( VJ mncmOI AS BEMIRED. {'PYC BERNCE P_F£° TABLE a t 2WN (SENIOR V.TERAL) n SHgPED CONCRETE INNERT `N O �SdFli MANHOLE STRUCTURE OE MYE ✓�' CRUSHED siCNE ..' MS[OIC -:'�-0.A65 TE ... 0P ORIBIGHEM g • fK ROAD alsE(GRAYS-) W 1 I _ �� ` `E - _ C°"LpER y�W '(SFE SENIOR TRENCH OETNL) II�-� 1. - (( y OR FETR UT STIR POE NTIH 'UF'1`�n M.ECt MIN. I _ � - L Sro-E DEPTH SH y C=\ T OR MT1WT STREET LIGHT _ \ - 3/PCRUSXEp / \ 12-MUN m W PAQ ME FINISH D FROM NT E-ENAI R t$'uRL D SEY.ER- -i - I - FBE FINISHED NISdwT FLEVAMIN � iy'y {. ^ SENO YL02p Mnlry -UNDISIDRBm MATERgL- - (NOME IIDCE IS LIKELY) LJ : -'-`I' � GREE(INTA ♦ $ �� -FIRM STPBLE / � •� 1 PAMImG NO PNbtINCANMEA eYx P L III MRMHED O�2' BUILDING Ia•a aINV SE II L'R LATERAL USESUBB NEPROFILE HAN A E DIAMETER MAN ]�'dU9HEp SNXE III _-I ��- AIBBASF / ,/ UU SIONE LOCUS PLAN FROM SALEM LOC V S GRAPHIC ERGE FOR SPOT MANS PER ACTUAL WSEMA MAN NOTES SUBBASE SEWER DROP MANHOLE SECTION CIS MAP � SCALE ON-NE-GROUND SURVEY PYL REM.N 1.USE 45'INSIDE pIgMETFR YM'H0.E FCR PIPES R6'OR IES$ SCALE: 1 - 200' ( ' Mil MARY BENCHMARKS FDR = CONNECTION DETAIL PE5 GREATER M n RC.' SHEETNGI-x tiux 2STEPS STEEL POLYPROPYLENE PER R CLE BAMER YFRREAL SURVEY CONTROL a,^ EQUAL EYAMON s 6 ' 3Ot EWAL PER As1M,LE BARON X0. se•0�'.U.'- EQUAL Fl£VATOI STABLE AT 2/S PIPE DIAMETER. NOTES AS REQUIRED�I IN�� O 1. T£AREA OF YORK(LOCUS)FOR THE PURPOSE OF THIS NOTICE OF INTENT APPLICATION,IS SHOW M SafM AKIESPO tS IN EAR1H T,q ^ -' NAP N.LOTS M 20,AND 102 THERE ARE NO HUMINGS PRESWTLY W THESE THREE PROPWTES MTHM nK AREA OF THE '� PRECAST CONCRETE SEWER MANHOLE ten, -_, _. - PROPOSED EENT LINE THE SITE WERE THE WORK IS PROPOSED IS PRIMARILY MTIM A R-1 RESIDENTIAL ZONING)STRICT. ,.� i� ! - Pfg1gH5 IT THE pgLPFTTES ALONG NIOILW AVEWE F%$I MTMH A e-2 EDGING OISIPICT AND w1P.gXCE CW2pM O`hALar -' TAIL �: / -'{°W -• •• ..- ZONING DISTRICT. SEWER CH DE _. -. _ .- -' 2. THE DIMENSIONAL REQUIREMENTS FOR THE R-1 ZWINC DISTRICT ARE AS FOLO'FS i NIXNUM WT AREA- S,OM SP 1 NINMUM WT AREA PER 0VACUUMREST' UWT-15,000 3 MININUM WT MOTH=100 ALP NhGMUN IDR CO F FRONT BY RD BELONGS15ME ](I PERCENT Ba'• MININUM OEPTI fF FROiT YARD=15 FFEi ." .. /' d' $P,.o MINIMUM MEN IF SIDE YARD-10 FEET GRAPHIC SCALE F I r •. a _., MINwIM DEPTH OF REAR YARD-]0 Pat ' N NPANUM N9CNT OF BUILDINGS-SS f4I(YEMUNPR fRON T£AY£RAQ IAAOF) MAIBYUM NIS MT C£MENCESGS- DE STORIESLL - J / A.MUM gTGHT OF FFN45/BWNDMT WADS=8 FEET (w PR,Z) � MINIMUM DISTANCE BEMEEN BUIWINGS W LOT=40 FEET 1 RINE- 10 K �M.IL- •� OF SIXFET PARKING REWIRED 1.5 SPACES PER DMIlLND UNIT Y" ... PARKING)MENSIONS FOR MOFD SPACES=9 FEET x IB FEET or PAVED+Y UNDSCRRNC) PARKING)Mw9O15 FOR PARAL£L SPACE-9 FEFT x 22 FEET(20 PAVED+Y IAMBEAPI"G) V 296 NICKLAND AVENUE ( SINNy1{GN PARKING ANSI£ROTI(TEA WAY TRAFFIC)-24 FEET ALTHOUGH 20 FEET IS AOGED FOR OADMIGHT PARING a$ I N/£AYSMA YESSLNA DESCHAMPS •M^ MMMM,,,, MINIMUM O"YEWAY WON(ME WAY,ME CM AT A TME)-12 FEET \ R MOP 0 LOT PSE V CNN . - PARKING SETBACK FROM PROPERTY UNE-5 FEET TO STREET RMNT Of WAY.2 FEET TO PROPERTY CUES �- LCC 688". PACE 282 I s y n ( SINW14S2e 'MOM ZONING VARIANCES MRE PRENOUSLY GRANTED. { M }.° I W d § H y.OE // -�sc_. O -I HEAD UL IN IR THIS PLM NE SISED SOOTY OF SALEM(A1W=60)DATUM. THE Ott BENCWNM USED WAS A F &r I ! NGS g !/ THE EM HEAD NAL IN UTO T POUF]6/150)D AG SOLGNUE OF SN107).CEN PION 13179(TWT SMEENA'S AND MCOSELDM)ON THE U57 SONS OF THE NORTHBOUND IpWUNO AY£NUE(ROUTE 10)),pEVgTON-1]LTB(Ott OF SNEM MLW-O.0 DATUM). PT R, NOR PIAN BOOM A PRELNMARY PROPERTY NILE FOR LAID°NNW By THE CITY OF SALEM AM THE SALEM CONSERVATOR EKKE RAVENNA AVENUE REAR \ ° I H l -'"1• 3 _ I� \ I COMMISSION. PROPERTY UNE REFERENCE FOR THOMAS CIRCLE IS A UNO COURT PIM 011002-E. THE TOMOGRAPHY SHOW ON {'\ N;"£CRY 0£SALEM THIS PUN 19 PER AN ACTUAL ON LHE GRPIND SURVEY BY NORTH SURE SIIRYEI'OJPPORATW,Jg11UMY,2W5. _ -� NAP H. LMH { No,eS69. PAGE 91 I/ �; ° I ` / / I' J tl 1 \ S NEMANO RESOURCE AREAS FUM1D MD IDEBMIED BY MICHAEL DEROSA,CEROSA ENMRONNENTAL PORCH.MA IN JANUARY, y �� - SWV-116.0 p fPSK'NF'Nl 2005 THE NELUND RIGS WERE THEN SURVEYED BY NORTH SHORE SURVEY CORP. B. THIS PLM DOES"OT MOM ALL UTILITY LINES(Mai UXCFAORWNO CMDUEM) SINCE FlEm SWNEY WAS PERFCfMm W CNIMtEY i N aNSBIE ABOVE-GROUND sTttCNRES ONLY. THE LOCAnMS OF IXSTNG UNDERGROUND UBUTY LINES SHOW ON MIS PVN ME ` SMV-14167 APPROMYATE BA®W ME BEST AVNL E NFORYATW OWN TQ PONE AT THE GME IF THE PREPARAnd OF MIS MUM `L r N NP Ily '\ • ^ J / f - '' SfSwF'• ��0� PRIM TO MY SITE WORN ME STE CONTRACTOR SPIAL MEET OFSAFE MG NENG"WCXDM O'ALL UTUIY ONES ON ME I: /' / `P w $Tv�PP9i ME MD M3NLFNT TO IEE SITE CUMIN THE MU OF ME SCOPE OF NARK. PRIM M CONSTRUCTION ME SHE CONTRACTOR N. 5T 9HNL VERIFY(OHIO/OR DETERMINE)AL IHYFA3 MO pEVAnOIs OF PIPES(MAT ARE CPf69NG ANY PROPOSED UTUTEs)i0 -{ ` , 1 i •W^ // ^S_ INSURE THEME ME NO CONFLICTS MM EKSTNG UTU IES AO.USTMMEM TO NIS PUX(IF REWIRED)SHALL SE PERFORMED BY X9'SUM RI �' L I ^ yel L PIECE(WAR MINT WITTER AUTHORIZATION)AFTER NOTIFICATION MOM ME SIZE WNIRAROi BASED W ACTUAL REM , ; L� 21 1]� J I V Inw `A1-CUL T f'(1 +, •/J� LCGTCNs OF UTLIIIES POUF IS NOT RESPCN51&E(OR LIABLE)FOR MY UNAILMdR12F➢(OSE PL°E IN WITNC)npD CHARGES. •b1°^ "ill TsSER, 80 � � I � H •IMA I J G'O SAYMw' L0 1 �-A��J 00�- NDE IS ALSO NOT RESPONSIBLE(OR LANE)FOR MY WOKEN(OR DMA®)UTILITY UNES R£ORE•DURING OR FOUDWNG 900 1 /?,h H Q "Y W ,1 6 •d°. l STNL 1 '3 1•C^ / ( ' \ 1118 EW SAHOP) ^.P a E%CAVATW WXSTRUCTW. N 1 \ 1 1 RIC.-HI 9 III _ n _ 1 } WXRECR,VEW 0'S ` 1 ,Igu - ,/N,�1'\ QIETE ,d-I a14119H 1� I I OF-1505 J. MY AND Al CONSTRICTOR METiWS MATERIALS MO INBTalATWs MOJTgMS SHAL COMPLY WIN A.A.LOC&ANO (V - W W I ¢S-. : \ Te Ew 9IH� •f gau.M ( MA) Y°'i; 1 \ 1 1 1 (\�\\\-(PER dTi sREc�, ° i f I N�+V RESMflaxr �I/q//��',//,� 1]zt 6.sEMwr FFE-islo(wALKrDUT) NE 1 't \ NYIMWI=112.37- NEM ABI`t(OIOP} ,g�.n yry//qL/// � 1 STATE WRONG CODES,LOCK PUBLIC W SDRAM LAYERS MMU&(IF AWUCI&E), LOC&OPWANONEERING DEPT. E,N "• / 1 V!✓W ti SAY-1=IIT 0 SPECIFICATIONS AND CONDITIONS NMS HIGHWAY MPT..SPEODGTERS,AND GOC)ENQNEFHIXCJCOXSTNUCnM PRACTICES FOR 'i I .M (wt�Tw'aRMJ DIF \ MM-la��pyps OJ - - \ ;, 1 1 •1 % '` 0.ef'T �'PIPQ �xyµyuRltza !• / J' SWD/PpiMAnwi Mo IESMEnC,1LLr PIFiNSxc CONSTRUCTOR. M PART OF WxsTRUcnW.IT Is ME RESPWSIpuTr OF ME / D STE CONTRACTOR TO RECTIFY MY DESIGN DEFICIENCIES FOUND ON T95 PEAR BY THE CONSIRULnON OF MY REWIRED O - , I 1 Y 1 My 5 / INPROVENFNI9 TO COMPLY MM LOCAL/STATE BUILDING EWES.NHO SPEOFlCATWs AMID MOVE YEM1pXm REQUIREMENTS FOR I - J .✓ �W�R� SEP - �� <:AI(gA g() Ff}I I l , PROPOSED LWSIRIILTM AS PMT O ME CONTRACT FOR CONSIAULTON,IT IS THE REBPCNSBNIIY OF ME SME CONTRACTOR ANp p -w W N1. t +1 P64 1 �W" 1,5f/f 1 \ \•A` [,0+ ! 9f �� •6 J132 / PAYMENT BUILDING CONTRACTOR,TO MHEPE MD CONSTFUCT IMPROVEMENTS IN ACCONANM IN Al PERWT EMOTIONS ISSUED BY THE ^ ' II \ •5W I I' 78003 dl [/A��P -FII`M� \ i t 9fOCEPILES (OUTSIDE STATE AND GO LOCAL TOW/MINIOPwtt. 5, Yn 1 '/IJr//////lVl"" yp'fY/ It l'Y,• ... p. •i00-6tlOT U#RER �I I _ L� I U0 `I' `L' n'wP I I\ `\, A THEN SITE PUNS ARE NOT eWSTRUCTON DOUMMM MESE SME PLANS ARE INTENDED ONLY TO CBTNN THE NECESBMT A0N^',a°'. \, T Q ° YYe"a - ! \ �'Y� \ :•C^ PERMIT APPROMS FROM T£TOW/MUGQPMTY. FIELD DECISIONS Will.LIKELY BE MADE WRING O%STRUCIIW(BASED ON %(�! •R. -W- I A} 'S. n;°r c _ 6. ra A R 1 ' _ ACTUAL REM CONDI MB)MICH WILL SUPERSEDE THERE SIZE PWIs r' I. '`. ibb ''�dT T+�LUP t /l/ II H �"5�\; s e /;� Y'� s� _ / 5 iE _I POLI_ .. v~- w .L f2` TD4N B V. I '". .�, - ` M/ '_ 't ''0.; •w. - A'w xff ' '< ',,a-tr \ / s.rywl2ans�.r� - .\ `....... I 1 ' -•v - BEC'DVdS D'W♦ waiEr -Y�m..w �� R. IML Io 1- (D y - w i. A'?1I NBIQA' - i y T ...•d9f�-' SJNy-u9.9aSErBA '«. °.. ' DIP, Z - - J 1 .\ u s� •!' /, '� ,N"•. mow'-'�'?��ro°'so•y ____.- _ PLANS NOT FOR CONSTRUCTION, PLANS FOR PEPAUITING PURPOSES ONLY d a �-m - �, �, 1 \ '\! 1 1i 1 { 3(OdOB) yx/ T � __ I If ^. �^ - -�� +159.3 +15GE ` 111 -1)I• �'/ ,li \�;\ 1- 1 G. .4 OF ' � OF M9s'r9 - I r M °H + B.5 5/12/65 CONN M FROM CONSC°MM AGENT AND ON E MUR s- m-. - ^ �. l', l -+, -w Ha WICZ N y - T - _ I G 1 5/2/05 COMMENTS FROM CCNSCWN AGENT MD CITY ENONfIF O - _ _ 7 I x 0c ' 1 t EA`O LJ Fouxpancm wAli nn ,. " , I T NQ DALE DESG41PilOV O r I 1 I al - A INSPJU-SET Ti $ ERyg y -/•PGPOSED p _ - - 1 1 I \\1 f I OPI.NO 0 ee l [ON1RW(u4h a WORK)SEE ice'\1 q,' M6TNL VHXaf swnE Pi�v°fHF°Nr ' 6 S OA �\ 'ILL I. \ Iwu Arq RrumE),Y 1INYw1=„SD A SITE PLAN I 0 TURBANO N NAGE y, 1s6B Y I CONSTRUCTIO @VENT ERY I I T YARD _ / HSe a+ / TE �t�, 3 - - ��- °:� I'. V � /OR MA - w$�°II I X17 '+I": I j '8 r - oel°�° . �t for a 'O -� y r , TEND seMER EASE t.'•.;t tVN 1 1 - i W- y r a - LOT#732 RENT ;/� Q �N,) - _� 4920 $fGN .1Klq AVEMJE chis suciipw"cAsaxiin . t - �0 1 I •t"�I �l I •B'f" FF-IF! m r, PROPOSED `Y- W - I - L - N'(£SAL£N CONSP YATIDN CDXYI$SION $N ON'RECBQD ( \ ` 111 'S ) 1 - GF 159.5 ,}� 1+ -�, y 0) L - - - _, 2N3B.°°I IBRD EMS1E➢hI ]T. D ° I U H .' 1 II� 1 5 w!'Uh0 T aA9IENT 10(WALK-WT) k \SIV \ NA'P B LO 1021 - ORAVIXG"CITY M AL IM-15 L - y Lc �' pj - - - OSS-COUNTRY 111 '• -' PHA } 1. 'T ; A` `,. I .u ` -,L _ Cr\ ]+. p,�f II III,,, rq ; MPRM CHEINDMSr"1 , / �1� SEWER LINE l�he`' 1' 1� 1911 1 I t \ I zs IR£T DN CwTER TO EDUCE VELocm' Y p U _ 1 1 ,r;\ t • a Y I f 1S1 I +L Hl N e,INF FtiDMx4 ,S }"' _ _ at ~a , n MI PASSED - #7-17 Thomas Circle - mmI 1 ?, .1Wg" II K f \ - # ' ` \' (, and land located at 1 NG . ElwOgp�rusIDATIGN WALL _ 1 o - a� IIS _ o Ravenna Avenue Rear = L °G w Z s .fir, 'I. and land located at F w- W W y - W -w v e- `H-\ W I � a Y:... 1 "� I� BWi4e.wT1lT D ; - _ _ _ _ _ I ` �t1 FDS=E� a _ _ ® #320 Highland Avenue G I„ _ 1 z �. �5 \ N,,. t a + a+ %d', �' T1a WDE TD uIncATE x `X \ - - - - - , : :. DRS�SWEA R4M 9- x Salem, Massachusetts FOR.saRMwA,� 1 -"h mn)FF. DEIG L DN(ElT DRA1NiCH WAY -:� 1 Data Apnl 28. 2005 PNOY ABUTTER'S IFROPS�LTY: PLDE/99-32 Scelc 1' = 10' SM1eet 1 of 1 - - - - - - - - - - - - �. °}(S '\ a� -5� > HSTNL SILT/da:E #10 Mai CIRCLE " p II I r -J m T�p� F' Rb (LYTIC �m)� ;` land Owners: Thomas Circle Realty Trust ,. .� w- m - w u. -,� a$� %St`% I �1 1 I - a4' S 'Y � - IBE^IM, 'IU _ D/Q 9 m�aa, a�r, sdem. lu DIevD _ - - 'L - - 1 E�etG1 a;ilo ' 11 qi 11;. ` Hr I �_ 1° '�'� 'I "� 'I \ The City of Salem - - - _ .-� ��( 1 1 iW PP''�q _ AY ', �. _ •1€ 1 Y ,� ' A 1 1 a c/o 120 RmhIv814a Stmet. Salem. MA 01970 - m '✓ ° X89; I HI 1 1 1 �. 1 VU AIS - Y 0 i H ISEA U -� - -y- y - ,� - m - -a I -�,N" � '21EEv t tI1 Y`� �'• +�' The Salem Conservation Commission - _ - - _ 1 /j I Y �, 11; ©,N" c/0 120 WaahiaitDn StmaC SeleDl MA 01970 M$ 19 TRONAS CIRCLE b@ °a• N/F�PIPER O PASWALB @ ALEXANDRA AL ADAYO / 'G LAND DEVELOPMENTPATROENGINEERING T . IICZ Y A - I NOT B, LOP lH l V \ I I t t " M • �... 1 LOO 608/3/945 '� I Ayat --�-�" �i 10 Derby 5 Q - Y 9m) Salem, NA 01970 Z - ` (971) Tns-zzea 3 THIS i'i,AN HAS 13EEIV REDUCED FROM THE ORIGINAL. THE SCALL C F MIS PLANIS: