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3 WINTER ISLAND ROAD - CONSERVATION COMMISSION i �J�n��r y51g.,� o� - - - - - - _ - -- CITY OF SALEM g�yy�I�FY CONSERVATION COMMISSION December 29, 2009 Mr. Peter Haywood Winter Island Yacht Yard 3A Winter Island Road Salem, Massachusetts 01970 Re: Determination of Applicability 3A Winter Island Road, Salem,Massachusetts Dear Mr. Haywood: Enclosed, please find the Determination of Applicability for the above referenced project. Following the 10-day appeal period (as of January 12, 2010), you may proceed with your project. This Determination is good for three years from the date of issuance, December 29, 2009, except in Areas Subject Protection as stated in the Wetlands Protection Act under MGL c. 131, Section 40. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, Carey D ques Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Salem computer, use Conservation Commission only the tab key to move To: Applicant Property Owner (if different from applicant): yourcursor- do not use the Peter Haywood return key. Name Name 3A Winter Island Rd Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code Citylrown State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Preliminary Projects List(2-3 years out) November 12, 2009 Title Date Title - Date Title Date 2. Date Request Filed: October 29, 2009 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Design and install power wash collection system: including concrete water trough and re-grading of yard adjacent to trough. Minor site maintenace relating to storm surge. Required maintenance of existing sea wall per Ch. 91 license. Required maintenance of existing pier per Ch 91 license. Minor re-grading of boat yard to mnimize stormwater run off. Re-grading asphalt driveway to divert street runoff towards city storm drain. Installation of heated concrete footing in temporary structure, so long all necessary permits are obtained. Project Location: 3 A Winter Island Road Salem Street Address City/Town 44 0013 Assessors Map/Plat Number Parcel/Lot Number wpafavm .0oc•rev.11105 Page I o15 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) 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. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality _ Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpaf0M12.dm•rev.311105 Page 2 0l 5 I Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ® 3. The work described in the 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, subject to the following conditions (if any). See attached conditions ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. vvpaforo� doc•rev.3/1/05 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) left., El The area descri tl in the Request is subject to protection under the Act. Since the work described therein ets the requirements for the following exemption, as specified in the Act and the regulations, no otice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on �k by certified mail, return receipt requested on `ice Z9 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Attachment)and the property owner(if different from the applicant). Sig l ure �i _ C � December 10, 2009 Date wpaform doc•rev.311105 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, 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 appropriate Department of Environmental Protection Regional Office (see Attachment) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business 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 to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.Eo[•rev.11/05 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Ll�tv DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hamden Monroe Pittsfield Tynngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales 9 Alford Cummngton Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield,MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchenown East Longmeadow Aciland New Ashford Savoy Westfield Fax:413-784-1149 Semardston Egremonl Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Florida Lanesborough North Adams Shutesbury, West Stockbridge Buckland Gill Lee Northampton Southamton Whately Chmannont Goshen Lenox Nonni South Hadley Wilbraham Cheshire Granby Levered Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Bamngton Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Chadian Hopkinton Millbury Rutland Uxbridge 627 Main Street Asnburnham Clinton Hubbardston Mfiknle Shirley Wallen Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westmnsler Berlin Gratton Lunenburg Paxton Sturbndge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Bwborough Hardwick Medway Phillipstan Townsend Boylston Holden Mention Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Matepoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wettest Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Nodon Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tsbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whoran Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Mallon Plainville Stoughton Chatham Foxbomugh Marshfield Plynouth Swansea Chilmork Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arington Cohasset Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Millon Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nal Rowley Wellesley Beverly Dover Lincoln Natick Salem Well TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lynnfield Newburyport Sherbom Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamlton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield W paform2.doc•DEP Addresses-rev.1016IN Page tot t .,�co%1 I1f,7.4.y CITY OF SALEM CONSERVATION COMMISSION Determination of Applicability Special Conditions Winter Island Yacht Yard 3A Winter Island Road, Salem, MA The Salem Conservation Commission finds this Request for a Determination of Applicability negative so long as the following Special Conditions are met: I. Repairs to pier(s),such as replacement of pilings and timbers on pier shall be completed in-kind. 2. The Conservation Agent shall be notified prior to the start of any project not described in"Preliminary Projects List"attached. II WINTER ISLAND YACHT YARD p4c. s✓ r'�,F?}pf 6 ;,i; PETER&DIANE HAYWOOD November 12, 2009 Preliminary Projects List (2-3 years out) PROJECT DESCRIPTIONS: ■ Design and install power wash water collection system o Install concrete water trough to collect wash wastewater which will be pumped into a collection tank. o Re-grade yard, as necessary, to direct wash wastewater into water trough. ■ Site maintenance relating to any storm surge. ■ Required maintenance of existing sea wall per Chapter 91 ■ Required maintenance of existing pier per Chapter 91 o Replace selected pilings as necessary to ensure integrity of pier ■ Work to be done from land o Replace selected deck planks, as necessary o Replace selected whalers and cross ties, as necessary ■ Re-grade boatyard, as necessary, to minimize storm water run off ■ Maintenance of buildings including; painting, roof, and window maintenance. ■ Re-grade asphalt driveway to divert street run-off toward city storm drain ■ Install heated concrete footing in temporary structure o Construction to be done under cover of the shelter o Silt fence to be used , as necessary WINTER ISLAND ROAD • SALEM) MA 01970 • INFO@WIYY.NET • (978) 745-3797 v (978) 740-1808 F a WINTER ISLAND YACHT YARD INC. PETER a DIANE MAYWOOD 3.0 WASTEWATER COLLECTION DESIGN it has been established that the most direct and cost efficient method to dispose of the power-wash wastewater is through a certified disposal facility. In order to dispose of the power-wash wastewater, the water must be efficiently and completely collected. Collected water can then be transported to an offsite disposal facility. All power-wash industrial wastewater must be collected in either an underground or aboveground storage tank All tanks tabove and under ground) require compliance with 314 CMR 18.00. Please see Appendix D for the complete regulation (314 CMR 18.00). In order to use a holding tank, a collection system must be developed. Traditionally, marina power washing water is collected via a sloped pad. Boats are washed over this pad and the industrial water is gravity fed into a sump. The water is then pumped into a holding tank(either above or below ground). Unfortunately, due to the size of the Winter Island yacht yard, the space available for a permanent fixture, like a power washing collection pad, is limited at best During a meeting with Winter Island on December 9, 2008, a host of design options were suggested and the following design represents what was agreed upon during that meeting. J1 Pbpo:sed Wasoewrtar Colkwdon DesW Concept Currently, Winter Island has three 350 gallon polypropylene totes that they plan on using as storage tanks for the power-wash wastewater. In addition to the polypropylene totes, Winter Island also has PVC (polyvinyl chloride) liners that an be welded and shaped into a portable collection pad. These pads an easily be rolled up and moved to various boat bottom locations. The design and size of this pad can vary depending on the use. The pad shall contain a lip to ensure all rinse liquid is collected, including over-spray. The size of this pad depends on the boat If a complete boat is to be washed, the pad should be slightly larger than the dimensions of the largest boat (50 feet x 16 feet). A more practical solution,however, would be to wash larger boat bottoms in sections, each time moving the collection pad to catch all rinse water. Winter Island will place the totes at the base of the boat loadinglunloading ramp on a concrete impervious slab inside a PVC shaped open-top tank, capable of 110% containment The open tank will act as a secondary containment in case of an accidental spill. A hosepipe from the collection pad will dr -ee-power-wash water into the tote The rinse water will drain,via gravity. W the ain t tote (located at the base of the ramplwaters edge) that is approximately 15 feet below the space where boats are power washed and stored at the yacht yard. Manna Power-Washing: Wastewater Characterization and Collection Design February 2009 Winter Island Yacht Yard Page 4 WINTER ISLAND ROAD • SALEMr MA 01970 • INFOOMRYYMET 0 (978) 745-3797 V (978) 740-1808 F WIYY POWER WASH WASTEWATER COLLECTION AREA .i�x,-n9, *�,� P�'R`�^�•ttl �t Y':� i _ ..'kl✓''�,&L, "4 �'�� y 3 x �. �4CwF 3 �� $i ��bi�l�at ,.wi`@'�✓ ��`TM a��iAym��t?��.F�^'/ 'N �"�y" gg � 14 WIYY PIER, PILINGS AND DECK N '�r� .. _ � 4.* ` .. %f �9 'ilkIt 99 I - WIYY TEMPORARY STRUCTURE EXTERIOR and INTERIOR VIEWS s r ,Y I UNITED STATES POSTAL SERVICE trek',.e<.{ .� � �, e�a4�We:.C�-70'•.m,., .. . y:.v .. _... . ®Sender: Please print your name, address,and ZIP�M-iwtft'box • µ "' 1 e p �- a A Ll LU Salem Conservation Commission 120 Washington Street,3rd Fl z c=? Salem,MA 01970 LLI c C 0 T v Jo� AJC �G i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete ignatu Item 4 if Restricted Delivery is desired. [3Agent ■ Print your name and address on the reverse 0 Addressee so that we Can return the Card to"you. eN y(Printed Name) C. Dateof Delivery ■ Attach this card to the back of the mailpiece, - or on the front'If space permits. D. Is delivery address different from kem 11 ppes 1. Article Addressed to: If YES,enter delivery address below: ❑No �e �AG�Go a� Vr ' �i'n"T�1 -S la✓ V—d ": 3. SServI Type I�n /� ryryry W It'�fled Mall ❑Express Mail ❑Registered ❑Return Recelpt for Merchandise / f ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?aDft Fee) ❑Yes III z. Article Number 'L�jj !!70'08 !1`14'0 000.4') 094'01)02019)!!)! (lians/er/Toms service PS Form 3811,February 2004 Domestic Return Receipt wzeesoz-MPS Form 3811,February 2004 Domestic Retum Receipt M-1540 UNITED.STATES SHE jcet .rlrMeFW . it • ,L!p :k. :s ,SPS, w,. ,., • Sender: Please print your name, address, and ZIPin this box 1 I 13/30 h1.1°df1NdNtOG i Salem Conservation Co drlY-Id 3G'ld30 120 Washington Street,3rd Salem,MA 01970 O/oZ 0,338 9 0 Ndf I 3a wr - ®BAI j03IJ I I SENDER: COMPLETE THIS SECTION COMPLETE THIS rECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete Item 4 if Restricted Delivery is desired.- ❑Agent ■ Print your name and address on the reverse X 0 Addressee s0 that we can return the card to you. R. Rece by nted Name) C. Date of Delivery ■ Attach this card to the back of the mailplece, or on the front If space permits. D. Is el rent s 1. Article Addressed to: If YES,enter delivery address to o Tk (�)(AM4n(J1'tMI °( l�grstichukj DEC 3 1 2009 ,DF—T) DER N0gV'-QCts4- �io��11 o F�, L�L� ,, I a. - De�i �1TFr r _ "' aIGFF!CF 205B LUC11 �. 01c/ ❑Registered 0 Return Recelpt for Merchandise [3 Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Ves 2. Article Number ... - (RanslerfromserNcelabel I 1 f;7(00!81 11',40 (0:0014 10914011072 2+2 I II PS Form 3811,February 2004 Domestic Return Recelpt 1025as02-M4e40 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem t WPA Form 1 - Request for Determination of Applcit�� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 f WE rro .) A. General Information OCT 2 9 200y Important: DEPT.OF P ANIXNG When filling out 1. Applicant: COO PAi i4d TY 1rDEtA__0 9R)T forms on the Winter Island Yacht Yard Inc Peter Haywood dhaywood@wiyy.net computer, use Name only the tab key 3A Winter Island Rd phaywood@wiyy.ne to move your cursor-do not Mailing Address use the return Salem MA 01970 key. Cityrrown State Zip Code 978 745-3797 978 740-1808 VQ Phone Number Fax Number(if applicable) 2. Representative (if any): reom Firm Contact Name E-Mail Address Mailing Address City/7own State Zip Code Phone Number Fax Number(if applicable) B. Determinations 1. I request the Salem make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plans)and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s)depicted on plan(s)and/or map(s)referenced below are accurately delineated. ® c. whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act. ❑ d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wPaformi.doc•rev.07114104. Page 1 of Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Salem / WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 3A Winter Island Road Salem Street Address City/Town 44 0013 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): Grounds and buildings located at 3A Winter Island Rd, Salem, MA 01970 bordered on two sides by sea wall one side by city street(Winter Island Rd)and one side by driveway. c. Plan and/or Map Reference(s): Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): SEE ATTACHED LIST wpaformtdoc•rev.07/14/04. Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1 - Request for Determination of Applicability aty/ own Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work (use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project,where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaformidoc•rev.07/14/04. Page 3 of 4 Massachusetts Department p t of Environmental Protection Bureau of Resource Protection - Wetlands Salem 1 � WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office (see Attachment)were sent a complete copy of this Request(including all appropriate documentation)simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Peter S Haywood Winter Island Yacht Yard Inc. Name 3A Winter Island Road Mailing Address Salem City/Tom MA 01970 State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense ccordMneth ection 10.0 3)(b)(1)of the Wetlands Protection Act regulations. 10/29/09 Signature of Applicant Date Signature of Representative(if any) Date vyafmml.doc•rev.07114/04. Page 4 of 4 WINTER ISLAND YACHT+YA, RD PETER B DIANE HAYWOOD PROJECT DESCRIPTIONS: ■ Site maintenance relating to storm surge ■ Required maintenance of existing sea wall per Chapter 91 ■ Required maintenance of existing pier per Chapter 91 o Work to be done from land o Replace selected pilings as necessary to ensure integrity of pier o Replace selected deck planks as necessary ■ Regrading of yard to compensate for run off ■ Maintenance of buildings including painting, roof, and window maintenance ■ Install heated concrete footing in temporary structure 10 Silt fence to be in place during construction 1 1 WINTER,ISLAND ROAD • SALEM, MA 01970 • INFO@WIYYMET • (978).745.3797 v (978) 740-1.808 F „ �07Di'Tq- �; CITY OF SALEM ` K n CONSERVATION C®MMISSION S„ , City of Salem Conservation Commission Will hold a public hearing for a Request for Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of Peter and Diane Haywood 3A Winter Island Road, Salem,MA 01970. The purpose of this hearing is to discuss the after-the-fact installation of a boat bottom wash system, proposed on-going site and building maintenance, re-grading activities, installation of a heated concrete footing in the temporary structure, at Winter Island Yacht Yard 3A Winter Island Road. This hearing will be held on Thursday,November 12,2009 at 6:00 p.m. in Room 313, City Hall Annex, 120 Washington Street. David A. Pabich, P.E. Chairman Please run legal advertisement on: November 5, 2009 Please mail bill to: Diane and Peter Haywood 3A Winter Island Road Salem,Massachusetts 01970 (978) 745-3797 CITY )F SALEM QI- DEPARTMENT OF PLANNING AND ffinmERLEYDuscoLL COMMUNITY DEVELOPMENT MAYOR LYNN GOOMN DuNcAN,AICP 120 WASHINGTON STREET♦SALEM,MAssACHISETTS 01970 DIRECTOR TEL:978-619-5685♦FAx:978-740-0404 hx To: Gloria,Salem Evening News From: CareyDuques,Conservation Agent/Planner Fax 978-927-1020 Date: 11/03/09 Phone:074-744-0600 Pages: 2 including cover Re: Con Com Legal Ad CG Jrgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle 0_Comments: Gloria, PLEASE REPLACE THE ORIGINAL ADVERTISEMENT WITH THIS REVISED VERSION. Following are one (1) legal advertisement to be printed on November 5, 2009 for the Salem Conservation Commission Meeting on November 12,2009. Thankyou, CareyDuques Conservation Agent/Planner HP OfficeJet 7310 Log for Personal Printer/Fax/Copier/Scanner SALEM -PLANNING DEPT. (978) 740-0404 Nov 03 2009 11:26AM Last Transaction Date Time Type Identification Duration Pages Result Nov 3 11:26AM Fax Sent 919789271020 0:37 2 OK CITY OF SALEM CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a public hearing for a Request for Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of Peter and Diane Haywood 3A Winter Island Road, Salem, MA 01970. The purpose of this hearing is to discuss proposed on-going site and building maintenance, re-grading activities, and installation of a heated concrete footing in the temporary structure at Winter Island Yacht Yard 3A Winter Island Road. This hearing will be held on Thursday,November 12,2009 at 6:00 p.m.in Room 313,CityHall Annex, 120 Washington Street. David A. Pabich, P.E. Chairman Please run legal advertisement on: November 5, 2009 Please mail bill to: Diane and Peter Haywood 3A Winter Island Road Salem, Massachusetts 01970 (978) 745-3797 CITY OF SALEM CONSERVATION COMMISSION WILL HOLD A PUBLIC CITY OF SALEM CONSERVATION COMMISSION Will hold a public hearing for Request forDetermination of Applicability under theWetlands Protection Act,Massachusetts Generall-aws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at therequest of Peter andDiane Haywood 3A Winter Island Road, Salem,MA 01970. The purposeof this hearing is to discuss the after-the- factinstallation of a boatbottom wash system,proposed on-going siteand building maintenance, re-grading activities, installation of aheated concrete footingin the temporary structure, at Winter IslandYacht Yard 3A WinterIsland Road. This hearing will be held on Thursday, November 12, 2009at 6:00 p.m. in Room313, City Hall Annex,120 Washington Street. David A. Pabich, P.E. Chairman SN 11/5/09 Appeared in: The Salem News on Thursday,1.1/05/2009. Back i City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received (U Zq o Amount Received y zw. 00 Form of Payment Check ❑ Cash Client Information CASH PAYMENTS: client initials ❑ Sign Permit Application Fee t Conservation Commission Feen� ' Jia�ap Payment received for what ❑ Planning Board Fee/ ZBA service? ❑ SRA/DRB Fee ❑ Old Town Hall Rental Fee ❑ Other: Copies Name of staff person receiving payment U4� Additional Notes 15804 SALEM �" ��WINTER ISLAND YACHT YARD;INC '� SALEM MA Ot970 � � DnTE w:'� 20:09 AicH IV_ .,, .,SALEM M(78)745 3795 0197D ,�- -� , ` - AMOUNT .ttk r- t �-,s. � -,,,a ra•' -. s. ` - '+r. $ ***",r•$2 OO OO P! PAY`- :°..,,TWO Hundred: and 00%100 Dollars 'ti,. Z. ,A c ORDER _ Of tS a,lem x ..1 Memo: Premature Yard-Grading 11201580tom 1: 2143705581: 9000 306 211' Original Check and Form: DPCD Finance Copy 1: Client Copy 2: Application File City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received /0 121/01 Amount Received a ZS Form of Payment Check Cash Client Information CASH PAYMENTS: client initials ❑ Sign Permit Application Fee Conservation Commission Fee Payment received for what ❑ Planning Board Fee/ ZBA service? SRA/DRB Fee Old Town Hall Rental Fee ❑ Other: Copies Name of staff person receiving paymente Additional Notes �s „WINTER ISLAND YACrHT YARD' INC µ SALEM FIVE" '�PETER AtVO DIANE HAYWOOD ^g ^�: , SALEM MA 01970 x, '` DATE .n 3A MINTER iSLANDrROAO' MASSACHUSET S 07970 - X. 4(978)745 ' ,. '' ... AMOUNT _ u hS� > Mr's T t r a^ PAY- F1YE"`a nd '0()!100 DMars * <7O THE ii�POROEfla' `' ";{ '` -v ZQ 93Washington Street r = a Memo: 1110 1 S80 Sn1 1: z 1 13 70 S S131: 9000 306 29■ v Original Check and Form: DPCD Finance Copy 1: Client Copy 2: Application File a WINTER ISLAND f YACHT YARD idc. PETER&DIANE MAYWOOD November 12, 2009 Preliminary Projects List (2-3 years out) PROJECT DESCRIPTIONS: ■ Design and install power wash water collection system o Install concrete water trough to collect wash wastewater which will be pumped into a collection tank. o Re-grade yard, as necessary, to direct wash wastewater into water trough. Site maintenance relating to any storm surge. • Required maintenance of existing sea wall per Chapter 91 ■ Required maintenance of existing pier per Chapter 91 o Replace selected pilings as necessary to ensure integrity of pier ■ Work to be done from land o Replace selected deck planks, as necessary o Replace selected whalers and cross ties, as necessary Re-grade boatyard, as necessary, to minimize storm water run off ■ Maintenance of buildings including; painting, roof, and window maintenance • Re-grade asphalt driveway to divert street run-off toward city storm drain ■ Install heated concrete footing in temporary structure o Construction to be done under cover of the shelter o Silt fence to be used , as necessary • SALEM MA 01970 • INFO@MYY.NET 978 745-3797 v (978) 740-1808 F WINTER ISLAND ROAD I ( ) i WINTER ISLAND a YACHT YARD < _ - PETER 6 DIANE HAYWOOD 3.0 WASTEWATER COLLECTION DESIGN It has been established that the most direct and cost efficient method to dispose of the power-wash wastewater is through a certified disposal facility. In order to dispose of the power-wash wastewater, the water must be efficiently and completely collected. Collected water can then be transported to an offsite disposal facility. All power-wash industrial wastewater must be collected in either an underground or aboveground storage tank All tanks jabove and under ground) require compliance with 314 CMR 18.00. Please see Appendix D for the complete regulation (314 CMR 18.00). In order to use a holding tank, a collection system must be developed. Traditionally, marina power washing water is collected via a sloped pad. Boats are washed over this pad and the industrial water is gravity fed into a sump. The water is then pumped into a holding tank(either above or below ground). Unfortunately, due to the size of the Winter Island yacht yard, the space available for a permanent fixture, like a power washing-,collection pad, is limited at best During a meeting with Winter Island on December 9, 2008, a host of design options were suggested and the following design represents what was agreed upon during that meeting. 3./ Proposed Wastewater Co/%cdon Design Concept Currently, Winter Island has three 350 gallon polypropylene totes that they plan on using as storage tanks for the power-wash wastewater. In addition to the polypropylene totes, Winter Island also has PVC (polyvinyl chloride) liners that can be welded and shaped into a portable collection pad. These pads can easily be rolled up and moved to various boat bottom locations. The design and size of this pad can vary depending on the use. The pad shall contain a lip to ensure all rinse liquid is collected, including over-spray. The size of this pad depends on the boat If a complete boat is to be washed, the pad should be slightly larger than the dimensions of the largest boat (50 feet x 16 feet). A more practical solution, however, would be to wash larger boat bottoms in sections, each time moving the collection pad to catch all rinse water. Winter Island will place the totes at the base of the boat loadinglunloading ramp on a concrete impervious slab inside a PVC shaped open-top tank, capable of 110% containment. The open tank will act as a secondary containment in case of an accidental spill. A hosepipe from the collection pad will drain tFwepower-wash water into the tote. The rinse water will drain, via gravity, to the tote (located at the base of the rampfwaters edge) that is approximately 15 feet below the space where boats are power washed and stored at the yacht yard. Marina Power-Washing: Wastewater Characterization and Collection Design February 2009 Winter Island Yacht Yard Page 4 WINTER ISLAND ROAD 0 SALEMr MA 01970 s 1NF0@VVIYY.NET 0 (978) 745-3797 V (978) 740.1808 F WIYY PI COLLECTION AREA 1�r"' ,^-rte."��— •� T.. � ,., pi, PIER,WIYY PILINGS . ■ DECK . z . , - � \ .� �■� � �~� � � � \ � � > , �\� $ pp� \ 6» � WIYY TEMPORARY STRUCTURE EXTERIOR and INTERIOR VIEWS S \ � f �c 7� :a o cam ° CITY OF SALEM CONSERVATION COMMISSION October 26. 2009 Peter and Diane Haywood Winter Island Yacht Yard 3 Winter Island Road Salem, MA 01970 Re: Excavation at Winter Island Yacht Yard. 3 Winter Island Road Salem. MA without Conservation Commission Approval Dear Mr. and Mrs. HaN wood: This letter is being sent in regards to a violation of the Massachusetts Wetlands Protection Act. G.L.c.131§40 and its regulation at 310 CMR 10.00 relating to excavation activities occurring at Winter Island Yacht Yard 3 Winter Island Road, within 100 feet of Juniper Cove/Salem Harbor,without a permit from the Salem Conservation Commission. The Conservation Commission is responsible for upholding the Massachusetts Wetlands Protection Act (310 CMR 10.00)and the Citv of Salem's Wetlands Ordinance(Sec 34-2). During a site visit at this aforementioned property on the afternoon of October 22, 2009 I observed excavated material and the installation of a drainage trench. Peter,you met me on site and explained that the state DEP required that the drainage system be installed to collect wash water from boats that are hauled onto the site. Due to the material encountered during the installation an excavator was needed to complete the project,which was completed on the evening of October 22. As a result of the activities occurring without a permit I requested that you attend the Conservation Commission meeting that evening. After discussing this matter with the Conservation Commissioners, it was determined that because the work was completed without a permit, and this yeas a second offence of the property owner completing work within the buffer zone without filing for a permit from the Conservation Commission. the Commission issued a fine of$200. The fine shall be paid within 30 days of receipt of this letter. The Commission also required that the applicant file a Request for Determination of Applicability for the yvork that was completed. If there is any additional work that is planned for the next 1 -2 years I recommend also including this in the application to avoid a situation of completing work that is not permitted. It was also brought to my attention this morning that a bulldozer was on site today doing some re-grading in the southeastern portion of the property. David Pabich, the Chairman of the Commission. explained that he requested that you. Peter. install silt fence at the top of the seawall to prevent an} material from entering the harbor. This activity also should have been permitted and prior to completing any work the proper erosion controls should have been in place. In order to resolve these outstanding issues with the Conservation Commission please do the following: 1. File a Request for Determination of Applicability describing the activities that have been completed to date including the installation of the drainage trench and the re-grading by Thursday October 29 for discussion at the next Conservation Commission meeting on November 12, 2009. the meeting is held at 120 Washington Street third floor conference room#313 at 6 r � pm. Enclosed is the application for a Request for Determination of Applicability permit and instructions for completing this application. 2. Include descriptions of all work proposed for the next 1-2 years in your application to ensure that you have the necessary permits PRIOR to completing the work. 3. Install and maintain proper erosion controls, specifically silt fence at a minimum,prior to completing earth work to ensure that sediment does not migrate into the harbor. 4. Mail a check for$200 made out to the City of Salem-Conservation Commission. 5. Call or email me if you are completing any work on your property that has not been approved by the Conservation Commission OR if there are changes to your work that was permitted. Please contact me at 978-619-5685 if you have any questions or are unable to attend the meeting on November 12. Sincer y, Carey Duques Conservation Ag lanner CC: David Pabich, Conservation Commission Chairman Enc. PHOTO LOG 3 WINTER ISLAND ROAD, SALEM, MASSACHUSETTS norm rnmrox vo/u/ov ercuarovQvycoeoxavnrwxnm+r/rmevva u View of excavated dirt at Winter Island Yacht Yard, 3 Winter Island Road. � u View of excavated soil and drain installed on site. PHOTO LOG (CONTINUED) i rS )ry f View of trench drain running from northeast to southeast(left to right). 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