21 VERONA STREET - CONSERVATION COMMISSION 2I Ve,v-on� st /2 ►D
310 CMR 10. 99 DEP File No.
(To be provided by DEP)
Form 2
City/Torn
_.. Applicant
Commonwealth
of Massachusetts Date Request Filed
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
Salem Conservation Commission
From S __ Issuing Authority
To William Porcella same
(Name of Person making request) (Name of property owner)
Address 9 Cloverdale Ave Address
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
by certified mail, return receipt requested on 7/26/99 (date)
Pursuant to the authority of G.L. c.131, 440., the Commission -
has considered your request for a Determination of Applicability 'and its sup-
porting documentation, and has made the following determination (check whichever
is applicable) :
Location: Street Address 21 Verona St.
Lot Number: 78
This Determination is positive.
1. ❑ The area described below, which includes all/part of the area described
in your request, is an Area Subject to Protection Under the Act.
Therefore, any removing, filing, dredging or altering of that area
requires the filing of a Notice of Intent.
2. ❑ The work described below, which includes all/partof the work described
in your request, is within an Area Subject to Protection Under the Act and
will remove, fill, dredge or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
2-1
effective 11/10/89
3 . ❑ The work described below, which includes all/part of the work described
in your request, is within. the Buffer Zone as defined in the regulations.
and will alter an Area Sub3ecz to Protection Under the Act. Therefore,
said work recuires the filing of a Notice of Intent .
This Determination is negative:
1 . ❑ The area described in your request is not an Area Subject to Protection
Under the Act.
2 . ❑ The work described in your request is within an Area Subject to Protection
Under the Act, but will not remove, fill, dredge, or alter that ares.
Therefore, said work does not require the filing of a Notice of Intent.
3 . X The work described in your request is within the Buffer Zone, as defined
in the regulations, but will not alter an Area Subject to Protection Under
the Act. Therefore, said work does not require the filing of a Notice of
intent.* See Attached Conditions
a . ❑ The area described in your request is Subject to Protection Under the Act,
but since the work described therein meets the requirements for the
following exemption, as specified in the Act and the regulations, no
Notice of Intent is required;
Issued by Sale Conservation Commission
ur (s)
This Determination must be signed by a majority of the Conservation Commission.
On this 22nd - day of July 19 99 before me
oersona'lly appeared the above mentioned to me known to be the
person described in, and '' o executed, the foregoing instrument, and
acknow a ge that e/ he xecuted the same as his/her free act and deed.
/ STEPHEN DIBBLE
Notary Public
MVCOMMission Fmimc ND,„1�1y
No y 05blic My Commission Expires
This Determination does not relieve the applicant from comptying with all other applicable federal, state or
.local statutes, ordinances, by-laws or regulations. This Determination shalt be valid for three years from the
date of issuance.
The applicant, the owner, any person aggrieved by this Oetermination, any owner of Land abutting the Land upon
which the proposed work is to be done, or any ten residents of the city or town in which such land is Located,
are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding
Oetermination of Applicability, providing the request is made by certified maiL or hand delivery to the
Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten
days from the date of issuance of this Determination. A copy of the request shaLL at the same time be sent by
certified mail or hand delivery to the Conservation Commission and the applicant.
2-2A
JoN CpIt
� It,
Conservation Commission
Salem. Massachusetts 01970
S�N�yv ..
City of Salem
Conservation Commission
Will hold a public hearing for a Determination of Applicability under the Wetlands
Protection Act, Massachusetts General Laws, Chapter 131, Section 40, at the request of
William Porcello, 9 Cloverdale Ave, Salem, MA. The purpose of the hearing is to
discuss the proposed construction of a house, roadway, garage and lawn area at 21
Verona Street at intersection of Springside Ave (paper streets). This hearing will be
held on Thursday, July 8, 1999 at 7:00 p.m. in the second floor conference room at One
Salem Green.
Mark George
Chairman
July 1, 1999
Please send bill to:
William Porcello
9 Cloverdale Ave
Salem, MA 01970
RECEIVED
I9 JUN 29 PH l2: 18
310 CMR 10. 99 DSP File No.
Form 1 SALEM U'✓ (1b be provided by DEP)
PLANNING DEP City/T--SA lmi ; ft&,
. Applicant �✓//I{R.i'4A /O k-c 2-119
ca®on�al th
of maseacbusetts
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131; §40
1. 1, the undersigned, hereby request that the
Conservation Commission make a determination as to whether the area,
described below, or work to be performed on said area, also described below,
is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131,
§40.
2. The area is described as follows. (Use maps or 'plans, if necessary, to
provide .a description and the location of the area subject to this request. )
Location: Street Address ZfyP m4 a 5:t:
Lot Number: . 71?
7 � x,64-i'd-
'71
a z- 10
4
3. The work in said area is described below. (Use additional paper, if
necessary, , to describe the proposed work.)
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42
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Effective°`11%10%89 '�-r: .
310 CMR 10.99 DEP file No.
(lb be provided by OYPI
Form 1
cicr/ro - 41e fi /b'��IJJct,
Applicant ����/a ✓YJ /�F-<,Pi//O
Commonwealth
of maeaachusetts -
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
1. I, the undersigned, hereby request chat the JCr/gym
Conservation Commission make a determination as to whether the area,
described below, or work to be performed on said area, also described below,
is subject to the jurisdiction of the wetlands Protection Act, G.L. c. 131,
§40.
2. The area is described as follows. (Use maps or 'plans, if necessary, to
provide .a description and the location of the area subject to this request.)
Location: Street Address 4
ddressyiBm �{ �t• ,
Lot Number: /n6p
3. Thework in said area is described below, (Use additional paper, if
necessary, to describe the proposed work. )
Gin, ana, 1qI, a o0 o Sy•Fr so) �
evrut ' '-n 141*t
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7�"__ .
4. - The owners) of the area, if not the person making Zhi� request, has been
given written notification of this request on 6/_T 9��( (date)
The name(s) and address (es) .of the owner(s) :
"LLUIM & ANN PORCELLO
9 CLOVERDALE AVENUE
SALEM. MA 01970
5. I have filed a complete copy of this request with the appropriate regional
office o the, Massachusetts Department of Environmental Protection
6 L9 / Nq (date) -DE1y - WILKIri&TON
2-05 A Lo WEL L 5T•
WILMINGTON MR 0188'7
DEP Northeast Regional Office DEP Southeast Regional Office
10. Commerce Way 20 Riverside Drive
Woburn, MA 01601 - Route 105
Lakeville, MA 02347
DEP Central Regional Office DEP Western Regional Office.
75 Grove Street State House West, 4th Floor
Worcester, MA 01605 - 436 Dwight Street
.Springfield, MA 01103
6 . I understand that notification of this request will be placed in a local
newspaper at my expense in accordance with Section 10.5 (3) (b) 1 of the
regulations by the Conservation Commission and that I will be billed
I : accordingly.
SignatureName W/t t IhA4 ADRc F-1-t 0
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Address 9 goverdal,e Ave Tel. `I9 7qq 5.980
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CRt1SHEDf• PAVED FRONTAGE` uJ
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4. The owner(s) of the area, if not the person making hi request, has been
given written notification of this request on Q.�9q (date)
The name(s) and ad'dress (es) .of the owner(s) :
WILLIAM & ANN PORCELLO
S CLOVERDALE AVENUE
SALEM, MA 01970
5. I have filed a complete copy of this request with the appropriate regional
office o th Massachusetts DepartmentofEnvironmental Protection
(p 2. (date) VE? - WILKIN &TON
7-05A LO WEL L 5T•
w I L M 1 NG70N I MA 018 52'7
DEP Northeast Regional Office - DEP southeast Regional Office
10. Commerce Way 20 Riverside Drive
Woburn, MA 01801 Route 105
Lakeville, MA 02347
DEP Central Regional Office DEP Western Regional Office.
75 Grove Street State House West, 4th Floor
Worcester, MA 01605 436 Dwight Street
, .Springfield, MA 01103
6. I understand that notification of this request will be placed in a local
newspaper at my expense in accordance with Section 1o.5 (3) (b) 1 of the
regulations by the Conservation Commission and that I will be billed
i
accordingly.
i
Signature Name W It t mm P"RC at-L b
I
Address 9 Clove.rdaV,*-
/aVg Tela 979 7qq 5940
i
- _ 1-2 -
Z 011' 9TU"4817
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to 0 r
Street&Num
Post Office,State,&ZIP Code
Postage $
Certified Fee
Special Delivery Fee
Reshicted Delivery Fee
N
o' Retum Receipt Showing to
Whom&Date Delivered
a
Return Receipt Showing N Whom,
Q Date,&Addressees Address
0 TOTAL Postage&Fees $
Postmark or Date
0
LL
N
o_
Stick postage stamps to article to cover First-Class postage,certified mall fee,and
charges for any selected optional services(See imni).
1. If you want this receipt postmarked,stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service m
window or hand it to your rural canter(no extra charge).
Rz
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the M
return address of the article,date,detach,and retain the receipt,and mail the article.
N
3. If you want a return receipt,write the certified mail number and your name and address M I
j on a return receipt card,Form 3811,and attach h to the front of the article by means of the
gummed ends if space peals. Otherwise,affix to back of article. Endorse front of articles-
RETURN RECEIPT REQUESTED adjacent to the number. G
I4. t you want delivery restricted to the addressee, or to an authorized agent of the C
addressee,endorse RESTRICTED DELJVERY on the from of the article. lcoo
M
5. Enter fees for the services requested in the appropriate spaces on the from of this
receipt. If return receipt is requested,check the applicable blocks in item t of Form 3811. 0
6. Save this receipt and present it if you make an inquiry. 102595-97-a-0145 a
y
310 CMR 10. 99 DEP Fite No.
(To be provided by DEP)
Form 2
City/Town
Applicant
co=onveal th
of Massachusetts Date Regent Filed
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, 440
Salem Conservation Commission
From 6 - Issuing Authority
To William Porcella same
(Name of Person making request) .:, (Name of property owner)
Address 9 Cloverdale Ave Address
This determination is issued and delivered as follows:
���❑yyy by hand delivery to person making request on (date)
by certified mail, return receipt requested on 7/26/99 (date)
Pursuant to the authority of G.L. c.131, 440., the Commission
has considered your request for a Determination of Applicability 'and its sup-
porting documentation, and has made the following determination (check whichever
is applicable) :
Location: Street Address 21 Verona St.
Lot Number: 78
This Determination is positive.
1. ❑ The area described below, which includes all/part of the area described
in your request, is an Area Subject to Protection Under the Act.
Therefore, any removing, filling, dredging or altering of that area
requires the filing of a Notice of Intent.
2. ❑ The work described below, which includes all/partof the work described
in your request, is within an Area Subject to Protection Under the Act and
will remove, fill, dredge or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
2-1
v-ffective 11/10/89
3 . ❑ The work described below, which includes all/part of the work described
in your request, is within the Buffer Zone as defined in the regulations .
and will alter an Area Subject to Protection Under the Act. Therefore,
said work requires the filing of a Notice of Intent.
This Determination is negative:
1 . ❑ The area described in your request is not an Area Subject to Protection
Under the Act.
2 . ❑ The work described in your request is within an Area Subject to Protection
Under the Act, but will not remove, fill, dredge, or alter that ares..
Therefore, said work does not require the filing of a Notice of Intent.
3 . X The work described in your request is within the Buffer Zone, as defined
in the regulations, but will not alter an Area Subject to Protection Under
the Act. Therefore, said work does not rehire the filing of a Notice of
Intent.* See Attached Conditions
a . ❑ The area described in your request is Subject to Protection Under the Act,
but since the work described therein meets the requirements for the
following exemption, as specified in the Act and the regulations, no
Notice of Intent is required:
Issued by Sale Conservation Commission
ur (s)
This Determination must be signed by a majority of the Conservation Commission.
On this 22nd day of July 19 99 , before me
personally appeared the above mentioned to me known to be the
person descr�t�:at
bd in, and •' o executed, the foregoing instrument, and
ackndw e ge e/ he xecuted the same as his/her free act and deed.
STEPHEN DIBBLE
Notary Public
MVQDmm(ssion Fmi uyf 41
No y 95blic My Commission Expires
This Determination does not relieve the applicant from complying with all other applicable federal, state or
.local statutes, ordinances, by-laws or regulations. This Determination shall be valid for three years from the
date of issuance.
The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the lard upon
which the proposed work is to be done, or any ten residents of the city or town in which such land is located,
are hereby notified of their right to request the Department of Environmental protection to issue a Superseding
Determination of Applicability, providing the request is made by certified mail or hand delivery to the
Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten
days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and the applicant.
2-2A
J-
Salem Conservation Commission
SPECIAL CONDITIONS—DOA—21 Verona Street
I. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745-
9595 ext.311). Members and agents of the Salem Conservation Commission(Commission)shall have the right
to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance
standards stated in this Order,the referenced plans,the Act,and 310 CMR 10.00, and may require any
information,measurements,photographs,observation and/or materials or may require the submittal of any data
or information deemed necessary by the Commission,agent,or DEP determines that any of the work is not in
compliance with this Order. Work shall not resume until the Commission is satisfied that the work will comply,
and has so notified the applicant in writing.
2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter
131, Section 40,and Wetlands Regulations 310 CMR 10.00.
3. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500, 86 stat. 816),U.S.Army Corp of
Engineers. -
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec.
27(5)of Chapter 21 of the Massachusetts General Laws as codified
(3) Flood Plain
(4) Grading Ordinance
4. If there are conflicting conditions within this Order,the stricter condition(s)shall rule.
5. 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.
6. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
7. All work shall be performed in accordance with approved site plans(s). No alteration of wetland resource areas
or associated buffer zone,other than that approved in this Order,shall occur on this property without prior
approval from the Commission.
8. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection
under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L.Ch. 131,Section
40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field,
whether the change(s) is significant enough to require the filing of a Notice of Intent. Any error in the plans or
information submitted by the applicant shall be considered changes and the above procedures shall be followed.
A copy of such request shall at the same time be sent to the Department of Environmental Protection.
PRIOR TO CONSTRUCTION
9. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the
Commission in writing a construction schedule/sequence of work to complete this project.
10. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be
confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary
and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery,
storage of machinery or materials, stockpiling of soil or construction activity is to occur beyond this line at
anytime.
11. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction
activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas
to be impacted and the limits of work in the replication area(s)shall be clearly flagged.
12. There shall be hay bales and wooden staked stored under cover on the site to be used only for emergency
erosion control.
EROSION CONTROL
13. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and
shall be maintained during construction in the wetland areas and buffer zones. Additional measures may be
required by the Commission.
14. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource
areas toP revent sediment from entering wetland resource areas.
15. 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.
16. The areas of construction shall remain in a stable condition at the close of each construction day.
i
17. Any de-watering of trenches or other excavations required during construction shall be conducted so as to
prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through
haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator.
18. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the
completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using
sufficient top soil to assure long-term stabilization of disturbed areas.
19. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be
established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed
surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils
from being washed by rain or flooding.
DURING CONSTRUCTION
20. A copy of the order,construction plans,and copies of the documents and reports cited in Condition# 11,shall
be on the site upon commencement and during any site work for contractors to view and adhere to.
21. 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.
22. Only clean fill, free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site.
23. All waste products,grubbed stumps,slash,construction materials,etc. shall be deposited at least 100 feet from
wetland resource areas and 200 feet from rivers.
24. All filling or removal of waste material from the site shall be done in accordance with the regulations of the
City of Salem Health Department.
25. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or
concrete products into a buffer zone or wetland resource area shall be removed by hand.
26. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified
in this Order.
27. There shall be no pumping of water from wetland resource areas.
28. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
29. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers
and/or silt bags to filter silt from stormwater before it enters the drainage system.
30. The project shall not cause an increase in run-off onto adjacent properties, either during construction or when
completed.
31. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of
enforcement actions by the Conservation Commission including,but not limited to,civil administrative
penalties under M.G.L. Chapter 21A,section 16.
POST CONSTRUCTION
32. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the
use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and
seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left
unprotected or without erosion controls during the winter.
33. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their
removal.
46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area.
47. Herbicides shall not be applied within 100 feet of the wetland.
48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland.
49. A No Cut/No Disturbance Zone shall be created and mathmatized on the plot plan with limits delineated with
the installation of three stone bounds along the work limit line per plan and located on the southerly and
northerly side property lines and at center of property all along said work limit line. Deed restrictions shall be
placed on the lot to reference and identify the No Cut/No Disturbance Zone. Individual deed for the lot shall
include these Special Conditions.
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