64-128 - REAR 58 BROADWAY - CONSERVATION COMMISSION � � " �
� Q�,.�_
�� � ��
�--
��cxc����e�����.�s
. ,
i.
� '
� �a10. Coll
�i
�z Conservafion Commission
Salem. Massachusetts 01970
ASS�,cN
March 14, 1986
Mr. Daniel Mackey `
58 Broadway
Salem, MA. 01970
Dear Mr. Mackey:
Enclosed is the Order of Conditions for the Boradway property which
has been under discussion by the Conservation Commission. The
Commisison was notifed on February 19 that DEQE had received your Notice
of Intent.
The Conservation Commisison voted the final Order at last evening' s
meeting, therefore, the appeal period will end on March 24, 1986.
Please note that the Order addresses two alternatives: either
re—surfacing and re—vegetating the bank (Conditions #13-19) , or
constructing a vertical wall (Condition #20) , as you proposed.
Please feel free to contact Dale Yale at 744-4580 if you have any
questions or comments.
Sincerely urs,
Philip D. Moran
Chairman
ESSEX COUNTY
REGISTRY DEEDS
LJ
07/12/85
V-
REC 10.00
107NM ✓d "�
REC ", 10.00 �P �o
1080#
TOM 20.00 5
CASH 20.00
CHNG 0.00
1218 001 10:14
SOUTHERNQIST,,,;
ESSEX COUNTY
REGISTRY DEEDS
07/12/85
REC ; 10.00
107##
REC : 10.00
108##
TOTL 20. 00
CASH 20.00
CHNG 0. 00
1218 001 10:14
SOUTHERN. DIST,
ESSEX COUNTY
REGISTRY DEEDS
o7n2iss
REC C 10.00
107##
REC 10.0 0
108## sej"5
av"��"3 '' 1 �
TOTL 20.00
CASH 20.00
CHNG 0. 00
1218 001 10:14
SOUTHERN, KIST.
Jon Z7 1yr5
94 V
Form 5 DERE File No. cot/— (c2 a
a� .... - (To 1be pwbeC by oEOE)
I ^ \ Commonwealth cttyrrawi SO \eM
of Massachusetts A '�+(zG� F S
Order of Conditions
Massachusetts Wetlands Protection Act
O.L. c. 131, §40
Fro Salem Conservation Commission
w
To T Mackev & Sons _ same
(Name of Applicant) (Name of property owner)
Address 58 Broadway Address
This Order is issued and delivered as follows:
❑ byby hand delivery to applicant or representative on (date)
0' by certified mail,return receipt requested on (date)
This project is located at Rear 58 Broadway
The property is recorded at the Registry of Essex
Book 5225 Page 329
Certificate(if registered
The Notice of Intent for this project was filed on October 25 1985 (date)
The public hearing was closed on February 27, 1986. (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 _ ❑ Storm damage prevention
❑ /private water supply prevention of pollution
Ground water supply ❑ land containing shellfish
D Flood control ❑ Fisheries
5-1
95
Therefore,the Commission hereby finds that the following conditions are
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.
" lowing conditions modify or differ from the plans,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 tical 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) 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.
5. 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 the expiration date of the Order.
6. Any fill used in connection with this project shall be dean fM, containing no trash, refuse,.rubbish or de
bris, including but not limited to lumber, bricks, piaster,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.
S. 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
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
9""
issued By Conservation Commission
Signatures)
This Order must be signed by a majority of the Con§ervation Commission.
On rn a fJ day of t C
19 9(P before me
personally ap to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same/6s his/her free 1 and dee¢.
Notary Public ` My commission expires
Notary Public U
The applicant the owner,any Dsrsort aggrieved by this Order.arty ormer of land abuttkV the land upon which to proposed work a to
be done or any ten resloenb of the city or town in which sump land a located are hereby notified of their ngnt to request the Department
of F rveonmental Oualtty Ergmeering to issue a Superseding Order.providing the request is made by certified marl or tend den ery to
..
the Department w'rftdn tan days from the date of isavanca of this Order.A copy at the request shall at the same time be sent by certified
mad or hard dewery to the Conservation Cortxrmsm and the applk nL -
Detach on dotted Iine and submit to the '�=� �( S� cS(tim.prior to eomm.ncemmt of wort .
Issuing Authority
To
please be adv+sed that the Order of Conditions for the protect a
and
File Number has been recorded at the Registry of
has been noted in the chain of title of the affected property in accordance with General Condition a t 9—
II recorded fend, the instrument number which identifies this transaction is
it registered land,the document number which identifies this transaction
Applicant
Signature
5-4A
c
96
Plans:
Title Dated -- Signed and Stamped by: On File with:
Topographic'Plan Oct. , 1985 Hancock Survey Assoc. . Inc. Conservation Commission
of Land in Salem
prepared for Thomas
Mackey & Sons
+ Special Conditions(Use additional paper if necessary)
See attached sheet
..........................................................._.............................................................................................._........................
. (Leave Space Biw*)
5.3A
r
MACKEY
ORDER OF CONDITIONS
13 . Prior to. the resurfacing of the final grade of the bank, the toe of
the bank shall be established at least one (1) foot behind the property
line.
14. All unacceptable fill as specified in Order #6 of the General
conditions shall be removed from the bank. The removal process shall
continue until the bank is established at a slope not to exceed 1'x:1 .
15. All unacceptable fill material shall be removed from the site and
disposed of in an appropriate facility.
16. Upon completion of the removal and the establishemnt of the
unaccpetable fill material of the 1�:1 slope, the Conservation
. Commission or its designated agent shall be notified. A site visit
shall then be scheduled to inspect the removal and stabilization work.
17 . if, during the course of construction, the Applicant discovers
inappropriate fill within the wetland or buffer zone, it shall be
promptly removed from the site. If said fill might be construed as
hazardous, the following steps shall be taken. The Applicant shall
immediately request a determination from the DEQE as to whether the
material constitutes a hazardous waste. If DEQE determines the material
to be non-hazardous, the Applicant will remove the material from the
site or dispose of the matter on site in a manner approved by the
Conservation Commission. Fill material which DEQE determines to be
hazardous shall be removed from the site within four weeks from the date
of the positive finding. The hazardous material shall be removed to an
approved facility and copies of delivery slips shall be supplied to the
Conservation Commission. Until such material is removed, the material
shall be covered and surrounded by hay bales. The Applicant shall
provide the Conservation Commission with copies of all correspondence to
and from DEQE within seven calendar days .
18. So that the bank may remain stabilized and support vegetation, the
entire bank shall be covered with appropriate fill to a depth of 6-12
inches.
19. Banks bordering vegetated wetlands shall be disturbed as little as
possible. Those bank areas requiring alteration will. be regraded at a
maximum slope of 1�:1 , loamed and re-established with indigenous
vegetation. At the top of said slope, a 6 ' level pervious landscaped
zone shall be maintained. In locations where the applicant are unable
to maintain the banks as defined above, detailed plans for those
specific conditions will be submitted for Conservation Commission
approval prior to construction.
;i
- Page 2 -
20. A vertical wall may be constructed in lieu of resurfacing and
revegating the established 12: 1 slope. The vertical wall shallbe
constructed ofappropriatematerials and design to insure the long term
stability of the wall and containment of remaining unacceptable fill
material.
21 . As-built plans stamped by a Registered Professional Engineer shall
be submitted to the Conservation Commission prior to issuance of a
Certificate of Compliance.
A.+ r ..+. '� .. ,ia; a y. '� ;n - '.vi.�..., .r :� n !it'^ f: ,•:a S'.RJ.S'. `1x�.N :�,. ..� i h � a w `...,>
S. RUSSELL SYLVA 5 T�nmmanuaecz `a�
Commissioner '
935-2160
DATE: February 19, 1986
TOWN: Salem
ASSIGNED FILE NO: 64-128
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: Daniel Mackey OWNER OF LAND: same
58 Broadway
Salem, MA 01970
PROJECT LOCATION: 22 Broadway, Salem
LOT: 146
PROJECT REVIEW
i
( ) 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
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.
U Project does not require a Chapter 91 License.
ISSUANCE A OF FILE NUMBER INDICATES ONLY COMPLETENESS OF FILING SUBMITTEd, NOT APPROVAL
OF THE APPLICATION.
Veer//y truly yours,
Z; VV& ea 46`6
William A. Krol , P.E.
Deputy Regional Environmental Engineer
cc: Conservation Commission,•Salem, MA 01970
Form 9 DEQE File No. r �
(To be provided by DEQE)
Commonwealth Gryrrovm Salem
of Massachusetts Applicant T. Mackey S Sons
_ a
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Salem Conservation Commission issuingAuthority
To Mr. ban Mackey, T. Mackey and Sons
Date of Issuance Apr :25, 1985
Property lot/parcel number,address
Extent and type of.activity: Fill being placed within 100' of the Wetland (Rosie's Pond)
without Order of Conditions. Portions of the fill material
are inappropriate under the Wetlands Protection Act, Mass.
G. L. Chap. 131, Section 40.
C
The Salem Conservation Commission has determined that the activity described
above is in violation of the Wetlands Protection Act,G.L c. 131, §40,and the Regulations promulgated pur-
suant thereto 31 OICMR 10.00,because:
:a Said activity has been/is being conducted without avalid Order of Conditions.
❑ Said activity has been/is being conducted in violation of an Order of conditions issued to
dated
File number , Condition number(s)
❑ Other(specify)
The Salem Conservation Commission hereby orders the following:
1� The property owner, his agents, permittees and all others shall immediately cease and desist from further
activity affecting the wetland portion of this property.
C Ex Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
9-1
�Q Completed application forms and plans as required by the Act and Regulations shall be filed with the
Salem Conservation Commission onorbefore May 15, 1985 (date), C
and no further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. Application forms are available at:
® The property owner shall take.every reasonable step to prevent further violations of the act.
❑ Other(specify)
Failure to comply with this Order may constitute grounds for legal action.Massachusetts General Laws Chap-
ter 131,Section 40 provides:
Whoever violates any provision of this section shall be punished by afine of not more
than one thousand dollars or by imprisonment for not more than six months or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
'a
Questions regarding this Enforcement Order should be directed to: Salem Conservation Commission
744-4580
Issued by Salem Conservation Commission
Signature(s)
C
(Signature of delivery person
or certified mail number) -
v
9-2
92
`Form,ll - OEOE Fie No.
(To be provided by OEOE)
Commonwealth ciHfrOM"
of Massachusetts qtr
Abbreviated.Notice.of Intent
Massachusetts Wetlands Protection Act, G.L c. 131, §40
To be used only for projects of minimum impact,as described in the General Instructions for Completing the
Notice of Intent
_ 1.Location:StreetAddra« 22 Broadway - Salem. MA Lot Number, 146
2.Project:Type Regrading Descripfion§§eeding to stabilize exist-
ing fill bank within the Buffer Zone,
3.Registry:County Essex South 8o
MCurrentok 5225 &Page 329
Certificate(if Registered Land)
4.Applicant* Daniel Mackey Tel 744-1849
Address: 58 Broadway = Salem, MA 01970
S.Property Owner As .Above Tel.
Address.
6.Representative- Tel
Address
7. Have the Conservation Commission and DEOE Regional Office each been sent,by certified mail or
hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes M No ❑
S. Have all obtainable permits,variances and approvals required by local by-iaw been obtained or applied
for?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. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number/Letter Title/Date
A Topographical Plan of Land in Salem, September 1985
B Locus Map (USGS Salem & Marblehead N.)
4-1
. 93
11.For work proposed within the Buffer Zone(as defined in Part 1,Sections 10.02(2)and 10.04 of the reg- `
ulatlons)describe,with reference to supporting plans and calculations where necessary:
(a) The size,shape,type and location of the proposed work.
Seeding of existing fill slope, (Area approximately 5,000 s,f,),
for purposes of stabilization
(b) Mitigating measures and designs to insure that the proposed work will not alter the resource area
which said Buffer Zone borders;or If it will alter said resource area,the mitigating measures and
designs proposed to meet the performance standard established for that resource area in Part It
or Part III of these regulations.
No mitigatorymeasures deemed necessary; slope is separated from
- the resource area-by a shallow ditch and railroadbed, sufficient
to intercept any runoff that might arise daring the seeding pro-
cess
t Z For work proposed within Land Subject to Flooding(as defined in Part III,Section 10.57(2)of the reg-
ulations)describe,with reference to supporting plans and calculations where necessary:
(a) The size,shape,type and location of the proposed work.
- r
(b) Mitigating measures and designs proposed to meet the performance standards set forth in Part III,
Section 10.57(4)of the regulations.
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 gomplete, to the-best of my knowledge.
Signature of Applicant ✓ Date
Signature of Applicant's Representative Date
4.2
�79 VI-c/i-em �. o ti •"o�'�r✓�/
ont/
er
Po Athfeia ti
?a-
field
54
Ilk
_
J
m
�7�6rt
r
✓l JAI.
een h
r �F�JII
✓( � - /\ < R YSg'lllAAAeee fK� / munit
s,o / // / q, s �� I Ihh ((( I�J / 1/l l�pfary� � ! Cemetery � ya�� rV
l� A ��f<t A J� l� �� r�� a� �:,�I �// -1 ��t lrjr• g % me
y. �/ � / NES I a6/.�/ /- r'-1 a iJr� Sr�51 ivv � i♦ �N . __ !fir i 1 0 v
a�PJ /rvi%l� / 11 / � KIU��l51 l�������� ��AA�J��l �. I� )r ��GY•
�. / o \ % '_`t �u �1�1 _-•-s4F �\ y
e 11�l �� ��e /r C p-t't
o,? / 'rL.+Po •/ [ rra \ e, \ o I m a
-``i /C
Per 2, �^ o// C o 1GL4ckef¢2 YSr � ll
OSpltal
Golf Course h�esBM / r / tU,az+ NoodpurY Pt
Fi4e AOS * _
o } ,
\• \ Saltexs
BE VE RL�K ..C3
P 'I tP �$ryEQ. e l5 ��BOR
If Course
p \ /e Trdai
Sch ff
� :x
\ A
rn N� e i• - -�- F^ bt'� / s ICID CCIC
`een oe/ / Jl •; xl li;p
um
...
Z // Co 11 /.
�� /
V - �� A :; �-. ,xQ'4TWd � ler/ �•� '� / ** C� a� arf '.�
f
P 5 FORT rt Pi¢ker��1H
Pe i Bx G z ���.; /` c* GSL tion
Bla Park
Ledge- yam; )SalemV(� v St hon'
���'� Rack
CommO ✓•I '
AX/
Salem Te al Rack ¢(
�\ AX/ Wh r
tiEn �4 �v\ � � � ❑i � M � ys t \ x , x�a[�
> wdi •� �� 6 tRay o' '\ �YIHhiID- � �� f'"� Iii
`
lv`by HARBO
\� ��
�` IH i• �r <L�al Lotl c r / p
\ `` �� �t
\ \ l AN OCK9
�
•�+_\r: Saleml'L I CJ^��uEPCH sr *ai Pa lmer
Hos pi tai_ ��t r
\\ �� -. r water yCe -.�••� W I T aCs�� �:. 1 �. p _. .�. -�� Tan
¢/ I .. "•c' r 1 L�1
OC
AN
IZ74
JA�
�.� 4 1 p ' � a Fiier A AsT'-nTm j, � • � z �' I r�� l ���tlt,��'v T� < e. � sr,,�:
Goh Coi rse - t •`. u / n JrL l�'1 11 t
Q\ / ♦ 3�ggJE. /y4\ J NKh �
�'ai ��H LAND PARK
\ \....
�. . . ,.. - 0
!vcv5 — SFrC Ff s t..r ,✓ ,�i.7� CD
���I�6 _ IIIR�N�ItlIV'x�l6ill
I
i
s
�0
1 �
61O
J
tia x tih o4 -
l
l.rrn
i
1 0 r to 11-1 u�tS �q o
► N t
C F5
b It
---- Atk1/ �
ti 1A�
rV py 'SG V
>�
5 G Y �0 JA
yJt�d r t
1f
cCRICK r
r�. 1
I on 4o.278,78
7ol
�III�IIII X11 II f
c
F'
C
1=1
• �1
I
i
1
I
I •t I � ,;
IV
ti I i i
.
t ti
IV
f
3
pv
A
14 i
S
�7tfC� vrtr� 14r
FREDEPICt ^�' ILL
M.
o M. ,
"$ No. 27878 -e� Pell