16 CLARK AVENUE - CONSERVATION COMMISSION &ATKej4VE
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Salem. Massachusetts 01970 iDEC 2�
HASSIs
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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
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ALAN OF LAAD
IN
SALEM, MASS.
REID LAA69 SURVEYG1i95
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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 .