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16 CLARK AVENUE - CONSERVATION COMMISSION &ATKej4VE a %ON Cpl" Salem. Massachusetts 01970 iDEC 2� HASSIs �a 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, at the request of Ernest J. Delpero, 13 Plains Rd., Ipswich, MA 01938. The purpose of the hearing is to discuss the effects of constructing a single family home at 16 Clark Avenue. The proposed work is located within the Buffer Zone. This hearing will be held on Thursday, January 1y, 1996 at 7:00 p.m. in the second floor conference room at One Salem Green. Fred Harney Chairman December 28, 1995 jm\bd\ccnoimem This notloe posted on "Official WePB rd" tter H I Ave jSalem, Mass. o a itt accord M With Chap. 39 Sec. 23A A 23 of M.G.L. )ON COIF i Salem. Massachusetts 01970 W ASSPCa 5 TO: Conservation Commission Members FROM: Beth Debski, Assistant City Planner RE: Public Hearing-Notice of Intent-Ernest J. Delpero, 16 Clark Avenue DATE: January 5, 1996 On Thursday, January 11, 1996, the Conservation Commission will hold a public hearing for a Notice of Intent filed by Ernest J. Delpero. The purpose of the hearing is to discuss the effects of constructing a single family home at 16 Clark Avenue. The proposed work is located within the Buffer Zone. This property is presently owned by David Colpitts and was subject of an Enforcement Order by the Commission. The Commission had requested that a new Notice of Intent be filed for this property. I have enclosed a copy of the Notice of Intent and accompanying information for your review. • CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT WILLIAM E. LUSTER -� ONE SALEM GREEN City Planner 3 01970 ter-n (508) 745.9595, EXT. 311 FAX(508) 744.5918 February 15, 1996 Ernest Delpero 13 Plains Road Ipswich, MA 01938 RE: 16 Clark Avenue To whom it may concern: On Monday, December 11, 1995, Mr. Ernest Delpero filed a Notice of Intent with the Salem Conservation Commission to construct a single family home on a subdivided lot at 16 Clark Avenue. Mr. Delpero was scheduled to appear before the Commission on Thursday, January 11, 1996, but the meeting was canceled by the Conservation Commission, and rescheduled for January 25, 1996 at 7:00 p.m. On January 25, 1996, the Planning Department received a call from a Real Estate broker who stated that 16 Clark Avenue was not going to be sold to Mr. Delpero therefore the Commission should not allow Mr. Delpero to discuss building on this lot. Mr. Delpero was then contacted, at which time he stated that he was in possession of a written agreement with David Colpitts, the property owner, to purchase the property. On January 25, 1996 Mr. Delpero appeared before the Commission and presented his building plans. There were questions raised as to whether or not Mr. Colpitts had followed the proper procedures to legally subdivide the property. The Commission voted to continue the public hearing until this issued could be resolved. Mr. Delpero agreed to have the public hearing continued to the next Conservation Commission meeting. After further review it has been determined that Mr. Delpero has filed all of the necessary documentation in an attempt to construct a single family house on 16 Clark Avenue as per his agreement with David Colpitts. r Sincerely, -William uster City Pla er CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT WILLIAM E. LUSTER ONE SALEM GREEN City Planner01970 ~ t P (508) 745-9595, EXT. 311 ♦ t"` FAX (508) 7443918 February 15, 1996 Ernest Delpero 13 Plains Road Ipswich, MA 01938 RE: 16 Clark Avenue To whom it may concern: On Monday, December 11, 1995, Mr. Ernest Delpero filed a Notice of Intent with the Salem Conservation Commission to construct a single family home on a subdivided lot at 16 Clark Avenue. Mr. Delpero was scheduled to appear before the Commission on Thursday, January 11, 1996, but the meeting was canceled by the Conservation Commission, and rescheduled for January 25, 1996 at 7:00 p.m. On January 25, 1996, the Planning Department received a call from a Real Estate broker who stated that 16 Clark Avenue was not going to be sold to Mr. Delpero therefore the Commission should not allow Mr. Delpero to discuss building on this lot. Mr. Delpero was then contacted, at which time he stated that he was in possession of a written agreement with David Colpitts, the property owner, to purchase the property. On January 25, 1996 Mr. Delpero appeared before the Commission and presented his building plans. There were questions raised as to whether or not Mr. Colpitts had followed the proper procedures to legally subdivide the property. The Commission voted to continue the public hearing until this issued could be resolved. Mr. Delpero agreed to have the public hearing continued to the next Conservation Commission meeting. After further review it has been determined that Mr. Delpero has filed all of the necessary documentation in an attempt to construct a single family house on 16 Clark Avenue as per his agreement with David Colpitts. Sincerely, William uster City Pla er - - SD �t ��/��a ..{ate e r - - _ - - - _ _ ALAN OF LAAD IN SALEM, MASS. REID LAA69 SURVEYG1i95 3Z- aM MW ST., L nW 94SS. SCALE I"--30' 2 q X00.00 "VACANT LAND" LOT 140 - ���.,4 L 0 T 3 5,3 'e �P`1N Ui Mei• Y RALPH "- W II IAM Ne.tsati 16000+ S.F. 1 1 V se f 1 I p � �roPoSeD Novs� , 1 I � s:r3Y,S ll f ID0.00 CLARK A VENUE LAND COURT SUBDIVISION OF LOT 353 " 4 HEREBY, CERTIFY TO THE BEST OF MY KNOWLEDGE THAT THE PREMISES SHOWN ON THIS PLAN ARE NOT LOCATED WITHIN A FLOOD HAZARD AREA AS DEL/NATED ON THE MAP OF COMMUNITY #2501028 PREPARED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY OR IT'S SUCCESSORS DATED 8/5/85." 4� I a�45� � 6WALF. WITH FILTER ,zl FAB�+IG AND FILL- WITH I.•IAIGH LRUSHED ii'fOIJg Notice of Intent (64-214) for "16 Clark Avenue; " formerly "City" owned, sold at "City" Public Auction 1987 as "Buildable lot. '$ - I Special Conditions 1 . All work shall conform to the above-referenced plans and those final specifications which shall be filed with the Commission prior to construction. Any change made or intended to be made in the approved plans shall require the applicant to inquire of the Conservation Commission as to whether the change is substantial enough to require a new filing. If the Conservation Commission determines the changes to be substantial. , the Commission can require the applicant to file a Notice of Intent . 2. In the case of a contradiction between the approved documents , and this Order, the language of this Order will prevail. 3. Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 4. Upon completion of construction, the applicant shall submit, with the request for a Certificate of Compliance, an affidavit, prepared by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts stating that the site has been developed in accordance with the approved documents and the requirements of this Order. 5. This Order shall apply to every successor in control or successor in interest of the property described in the approved documents or part thereof. In the event this land or any part thereof is proposed to change ownership before or during the construction period, the applicant shall notify the potential new owner, by registered mail, of this Order prior to the trans- fer of ownership and shall immediately forward proof of this notification to the Salem Conservation Commission such that this proof is received before the transfer of ownership is completed. Notice shall be given to this Commission no more than two weeks nor less than two days prior to commencement of construc- tion activities. Said notice shall include, in writing, the name (s) , address (es) , and business and home telephone numbers of the project supervisor (s) responsible for insuring that operations are conducted in compliance with this Order. 7 Prior to commencement of construction activity, a siltation fence shall be downgradient of construction to prevent siltation. Siltation fence shall be properly anchored a minimum of six inches below grade. Hand tools will be used. $ Siltation fence shall be properly maintained and kept in working order until r estab- lished a permanent vegetative ground cover. In the event of siltation fence failure, the fence shall be repaired within twenty-four hours , the Commission shall be notified and any siltation in the wetland shall be removed to the satisfaction of the Commission. 9 Additional erosion and sedimentation control measures deemed necessary by the Commission at any time during construction shall be instituted immediately by the applicant. Any siltation caused onto any wetland or waterway area shall be promptly reported to the Commission. Disturbed areas shall be restored to the satisfaction of the Commission. /0 During construction of the proposed house and garage, any stockpiled debris, fill, or excavated material shall be protected sufficient to prevent sediment from surface runoff entering the resource area. // Servicing of equipment must be done outside the Buffer Zone i to the resource area. Equipment must be maintained to prevent leakage or discharge of pollutants . Overnight storage of equipment must be more than 100 feet from the wetland boundary. /x No spill or discharge of petroleum products or other pollutants will occur within the resource area or the buffer zone. 13. Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is prohibited within the buffer zone. 1y All soils disturbed around the house during construction shall be immediately vegetated upon completion of construction activities..___.__. 15- Fertilizers used for landscaping and lawn care shall contain a low nitrogen content and be used in moderation. Pesticides and herbicides shall not be used within the buffer zone .