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64-126 - 53 ALMEDA STREET - CONSERVATION COMMISSION J . e AL 94 Form 5 DEQEFile No. 64-126 (Tobe provided by DECE) Commonwealth City/Town Salem of Massachusetts AppikatftStanley Mikulski Order of Conditions Massachusetts Wetlands Protection Act G.L c. 131, §40 From . Salem Conservation Commission To Stanley Mikulski same (Name of Applicant) (Name of property owner) Address 38 Monument St. , Wenham Address same This Order is issued and delivered as follows: ❑ 1 by hand delivery to applicant or representative on (date) ❑ by certified mail,return receipt requested on (date) This projecf1slocated at_ 53 Almeda St. (2 lots) The property is recorded at the Registry of Essex Book Page Certificate(if registered) The Notice of Intent for this project was filed on Dec. 4, 1985 (date) The public hearing was closed on Dec. 12, 1985 (date) Findings The Salem Conservation Commission has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Commission at this time, the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): ❑ Public water supply 13torm damage prevention ❑ Private water supply Prevention of pollution ❑ Groundwater supply ❑ Land containing shellfish ❑ Flood control ❑ Fisheries 51 , 95 Therefore,the Commission hereby finds that the following conditions aro necessary, in accordance with the Performance Standards set forth in the regulations,to protect those inter- ests checked above.The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol- [owing conditions modify or differ from the pians,specifications or other proposals submitted with the Notice of Intent,the conditions shall control General Conditions 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas- ures,shall be deemed cause to revoke or modify this Order. 2. This 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, by-laws 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) ppy(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 and both that date and the special circumstances warranting the extended time period are set forth in this Order. - S. 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 th6expiation date of the Order. 8. Any fill used in connection with this project shall be clean fill,containing no trash, refuse,rubbish or de- bris, 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. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order 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 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 to be done.The recording information shall be submitted to the Commission on the forth at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words,"Massachusetts Department of Environmental Quality Engineering, File Number 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all.agency proceedings and hearings before the Department. 11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12.The work shall conform to the following plans and special conditions: 5-2 ,i 96 Plans: Title Dated Signed and Stamped by: On File with: Plan to Accompany Notice of Intent for Stanley Mikulski 11/27/85 Prepared by Hancock Survey Conservation Commission Special Conditions(Use additional paper d necessary) 1. Project shall conform to above referenced plan and Notice as amended to include detail of erosion and sedimentation control measures. ..................................................................................................................................................................... . . (Leave Space Blank) 5-3A 97 Issued By Salem Conservation Commission Signature(s) y.1 - This Order must be signed by a m"of the Conservation Commission. On r'• day of \ n 19 g�before me personally appear" rl , . t)Ur - lk h "e/ ,tome known to be the person d in and who executed the foregoing instrument and acknowledged that he/she executed the same h'"er free and d Notary Public My commission expires The spp!leant the owner,arty parson eggrfeved by this Order,any owner of and abutting the land upon which the proposed work is to done or ar,y ten residents of the city or town in which such lend is located are hereby notified of their right to request the Department =!Erairt ~iai Quality Engineering to issue a Superseding Order,providing the request is made by certified map or hand delivery to '_Me Dep.rtmeni within tan days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified nal or FyM dr4vrri to the Conservation commission and the apppeant ' r Detach on dotted Dna and submit to the Salem Conservation Commission prior to commencement of work. To issuing Authority Please be advised that the Order of Conditions for the pmiect at File Number has been recorded at the Registry of and has been noted in the chain of title of the affected property in accordance with General Condition a on t a_ it recorded land, the instrument number which identifies this transaction is It registered land,the document number which identifies this transaction is Signature ,_ Applicant 5-4A � , ( S. RUSSELL SYLVA 5 Z�arnrr2c�ea�� eizu� Commissioner 935-2160 REi �l\%CG ..I [ddlifi2GCd DATE: January 23, 1986 JAN 2 i 1986 Salem TOWN: SALEM PLANNING DEPT. 60.-126 ASSIGNED FILE NO: The Division of Wetlands is in receipt of an application filed under M.G.L. Chapter 131, Section 40, the application is in the name of: APPLICANT: Stanley J. Mikulski OWNER OF LAND: same 38 Monument Street Wenham, MA 01984 r PROJECT LOCATION: 53 Almeda Street ( 2 Lots) . LOT: 433 (Map 15 ) PROJECT REVIEW The application is incomplete. No File Number will be assigned until material , _ checked below is submitted to this Office: ( ) Notice of Intent and Environmental ( ) Plans Data form ( ) Project requires the filing of a ( ) Locus 'r Form 3 (Notice of Intent) rather than Form 4 (Abbreviated Notice of Intent) WATERWAYS REVIEW ( ) Project may require a Chapter 91 License - Project has been referred to Waterways. fix) Project does not require a Chapter 91 License. ISSUANCE A OF FILE NUMBER INDICATES ONLY COMPLETENESS OF FILING SUBMITTED, NOT APPROVAL OF THE APPLICATION. Very truly yours, Gl1 L� A:; William A. Krol , P.E. J Deputy Regional Environmental Engineer cc: Conservation Commission; Salem, MA 01971 Hancock Survey Associates, Inc. , 69 Holten St. , Danvers, MA 01923 ON CConsepl z m Salem. Massachusetts 01970 MASS CITY OF SALEM CONSERVATION COMMISSION Will give a public hearing under the Wetlands Protection Act , Mass . G . L . Chap . 131 , Section 40 , at the request of Mr . Stanley J . Mikulski , 58 Monument Street , Wenham . The purpose of the hearing is the explore the effects of the construction of two single—family dwellings on Almeda Street within a wetlands area . The hearing will be held on Thursday , December 12 , 1985 , 7 : 30 p .m . , One Salem Green , second floor conference room. Philip D . Moran Chairman December 5 rn T rn m L gyp N S This notice p0ste8 On "Official Bulletin Boa d" City Hal]. A'ra . pec y /9� at y.'�o �.m „_!a Chap. 626. of the Acis of _. - • __ .w U of '45alm, ^ d ��1tt1n1in� ��nttrD � 'ryh�•lXMF MyFt (fluttlrm (brrrn DECISION c FFif#1 January 27, 1986 SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICTS Mr.. Stanley Mikulski .. Monument Ave. Wenham, MA. On. Thursday, January 9, 1986, the Planning Board of the City of Salem held a public hearing regarding the application of Mr. Stanley Mikulski for a Special Permit under Section P, Wetlands and Flood Hazard Dist-ricts, of the Salem Zoning Ordinance, with respect to the construction of two single-family residences on Almeda St. adjacent to a -- wetland area. At a regularly-scheduled meeting of the Planning Board held on Thursday, January 23 , 1986, the Board voted, by a vote of six in favor, none opposed to approve the application as complying with the requirements for the issuance of the Special Permit with the following conditions: 1 . All work shall conform to plan entitled, "Plan to Accompany a Notice ' ..of Intent" , prepared by Hancock Survey, dated November 27, 1985, revised December 16, 1985. 2. Conditions set forth in Order of Conditions #64- issued by Salem Conservation Commission dated November 27, 1985, revised December 16, 1985, shall be strictly adhered to. 3. A plan showing utility installations for each structure shall be supplied to the Planning Department and Engineering Department for approval prior to issuance of a building permit I hereby certify that a copy of this decision and plans have been filed with the City Clerk and copies are on file with the Planning Board. a �.. _ Page 2 — This Special Permit shall not take effect until a copy of the decision bearing' certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded on the owner's certificate of title. The fee for recording or registering shall be paid by owner or applicant. n Walter B. Power, IIIy., Chairman, Planning Board o r r �.. vim., 2 33g Form 3 OEaE File No.�--� (To be provided by 0ECE) (� Commonwealth . , 4 3 24 PM rd�atyffaxx Salem of Massachusetts Mikulski Applicant CITY Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and Application for a Department of the Army Permit Part I:General Information 1. Location:.StreetAddress 53 ALMEDA STREET (2 LOTS) Lot Number 433 (MAP 15) 2. Proiect:Type CONSTRUCTION Description CONSTRUCTION & APPURTENANT PAVING/ REGRADING FOR TWO.-SINGLE FAMILY DWELLINGS 3. Registry:County ESSEX Current Book N/A &Page Certificate(It Registered Land) 54329 4. Applicant STANLEY J. MIKULSKI Te(_468-1900 Address 38 MONUMENT STREET - WENHAM, MA 01984 S. Property Owner SAME Tel. Address 6. Representative HANCOCK SURVEY ASSOC. INC. Tei, 777-3050 Address 69 HOLTEN STREET - DANVERS, MA 01923 7. Have the Conservation Commission and the DECE Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent, with supporting plans and documents? Yes IN No G 3-1 f 8. Have all obtainable permits,variances and approvals required by local by-law been obtained? Yes ❑ No ❑ 'Obtained Applied For. Not Applied For. 9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L c. 131, §40A or G.L c. 130, §105? Yes ❑ No 10.Ust all plans and supporting documents submitted with this Notice of Intent Identifying Number/Letter ' Title,Date A PLAN TO ACCOMPANY A NOTICE OF INTENT 27 NOV. 1985 B. U.S.G.S. LOCUS MAP r 11.Check those resource areas within which work is proposed: (a) ® Buffer Zone (b)Inland: ❑ Bank' Land Subject to Flooding, ❑ Bordering Vegetated Wetland' ❑ Bordering ❑ Land Under Water Body S Waterway• ❑ Isolated (c)Coastal: ❑ Land Under the Ocean• ❑ Designated Port Area. ❑ Coastal Beach* ❑ Coastal Dune ❑ Barrier Beach ❑ Coastal Bank ❑ Rocky Intertidal Shore* ❑ Salt Marsh* ❑ Land Under Salt Pond* ❑ Land Containing Shellfish* ❑ Fish Run' Likely to involve U.S. Army Corps of Engi�aers concurrent jurisdiction. See General Instructions for Completing Notice of Intent. 3-2 Part 11:Site Description Indicate which of the following information has been provided (on a plan,in narrative description or calcula- tions)to clearly,completely and accurately describe existing site conditions. Identifying Number/Letter (of plan,narrative or calculations) Natural Features: Sails A Vegetation A Topography A Open water bodies(including ponds and lakes) A Flowing water bodies(Including streams and rivers) Public and private surface water and ground water supplies on or within 100 feet of site Maximum annual ground water elevations with dates and location of test B-V-w- Boundaries of resource areas checked under Part I,item 11 above Other Man-made Features: A Structures(such as buildings,piers,towers and headwalls) Drainage and flood control facilities at the site and immediately off the site,including culverts and open channels (with inverts),dams and dikes Subsurface sewage disposal systems Underground utilities ^ Roadways and parking areas A Property boundaries,easements and rights-of-way Other Part III:Work Description Indicate which of the following information has been provided(on a plan,in narrative description or calcula- tions)to clearly,completely and accurately describe work proposed within each of the resource areas checked in Part I,Rem 11 above. Identifying Number/Letter (of plan, narrative or calculations) Planview and Cross Section of: A Structures(such as buildings, piers,towers and headwalls) Drainage and flood control facilities,including culverts and open channels(with inverts),- dams and dikes Subsurface sewage disposal systems&underground utilities A Filling, dredging and excavating, indicating volume and composition of material Compensatory storage areas,where required in accordance with Part III,Section 10:57 (4)of the regulations Other Point Source Discharge Description of characteristics of discharge from point source(both closed and open channel), when point of discharge falls within resource area checked under Part I, item 11 above,as supported by standard engineering calculations,data and plans, including but not limited to the following: 3-3 1. Delineation of the drainage area contributing to the point of discharge; 2. Pre-and post-development peak run-off from the drainage area,at the point of discharge,for at least the 10-year and 100-year frequency stone; 3. Pre•and post-development rate of infiltration contributing to the resource area checked under Part I,item 11 above; 4. Estimated water quality characteristics of pre-and post-development run-off at the point of discharge. Part IV:Mitigating Measure* 1. Clearly,completely and accurately describe,with reference to supporting plans and calculations where necessary; (a) All measures and designs proposed to meet the performance standards set forth under each re- source area specified In Part 11 or Part III of the regulations;or (b) why the presumptions set forth under each resource area specified In Part II or Part III of the regula- tions do not apply. ❑ coastal Reaource Area Type: Identifying number or letter ❑ Inland of support documents ❑ coastal Resource Area Type: Identifying number or letter Cl Inland of support documents 3-4 0 coastal Resource Area Type: Identifying number or letter 0 Inland of support documents 2. Clearly,completely and accurately describe,with reference to supporting plans and calculations where necessary. (a) all measures and designs to regulate work within the Buffer Zone so as to insure that said work does not alter an area specified in Part 1.Section 10.02(1)(a)of these regulations;or (b) if work in the Buffer Zone will alter such an area,all measures and designs proposed to meet the performance standards estabrshed for the adjacent resource area specified in Part It or Pant III of these regulations. 0 coastal) Resource Area Type Bordered By 700-Foot 01sdredonary Zone: : Identifying number or latter _ 2 inland BORDERING VEGETATED WETLAND of support documents HAYBALES SHALL BE STAKED IN PLACE AT-LIMIT OF WORK (ON SLOPE) TO REDUCE DISTURBANCE TO A MINIMUM. ALL A REGRADING AREAS SHALL BE LOAMED & SEEDED; HAYBALES _ _SHALL REMAIN IN PLACE UNTIL SUCH TIME AS A CERTIFI- CATE OF COMPLIANCE IS OBTAINED. 3-5 r Part V:Additional Information for a Department of the Army Permit 1. COE Application No. 2. (to be provided by COE) (Name of waterway) 3. Names and addresses of property owners adjoining your property: NOTIFICATION NOT DEEMED NECESSARY 4. Document other project alternatives(i.e.,other locations and/or construction methods,particularly those that would eliminate the discharge of dredged or fill material Into waters or wetlands). 5. 8'/2 0 x 11 0 drawings in planview and cross-section,showing the resource area and the proposed activ- ity within the resource area.Drawings must be to scale and should be clear enough for photocopying. Certification is required iron the Dn sion of Water Pollution Controlbefore the Federal permit can be issued. Certif�atixt may be obtained tr�contacting the Division of Water Pollution Conaol, t Wrnter Street Boston. Massachusetts 02108. Where the activity will'take place witfwt the area under the Massachusetts approved Coastal Zone Management Program, the applicant certifies that his proposed activity=npbes wth and will be conducted in a manner that is,consistent with the approved program. Information provided will:be used in evaluating the appfication for a permit and is made a matter of public. record through issuance of a public notice. Disclosure of this information is voluntary: however if necessary information is not provided, the appfcabon cannot be processed nor can a permit be issued. I'hereby certify under the pains and 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. ` rte•• �� . I � k Sig re of Date Hsi ys ignature o pplicant's Re resentative Date ' -.,FORM "Exception to ENC Ramo 4545 approved by aQUSACE. 6 May.1992'. NFD nn100 ITEST).Thia document contain. I MAY aloins Department of the Avery end State of Massachusetts application SL for a permit to obtain permission to perform activities in United Store, eater. The Office of M.......or and Budget 10MB1 hes approved those alo......a reeoired by the US Army Corp. of Engineer. 01,111 Number 0102-0036 and eapiretion data of 30 Sectamber 1963 applies". 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