64-191 - 3 BROOK STREET - CONSERVATION COMMISSION /--i- - -----
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Bao 10525PG2I I
310 CMR 10.99 P .
• �� (' �,; � 1990
Form 5 1 ") I � DEP Fib No. I 64 X191
r
DDING DEPT. (To W�w DEP)
- AIEM e� cly,Town Salem
Commonweal
of Massachusetts ADDiicant Michaelk and Maureen Kapnis
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
From a Commission
To Michael and Maureeh Kagn;s Same
(Name of Applicant) (Name of property owner)
Address 92 Orchard Street Address Saute _ '—
r i
This Order is issued and delivered as follows:
by hand delivery to applicant or representative on (date)
by certified mail. return receipt reauested on (cafe)
O
This project is located at 3 Brook Street N
South Essex
The property is recorded at the Registry of
Book 6232 page 305
Certificate(if registered)
0
July 10, 1990 (date) o
The Notice of Intent for this project was filed on O
The public hearing was closed on July 26, 1990 (date)
CTS
Findings
The Salem Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and nas neid a public hearing on the project. Based on the information available to the
Commission at this time,the f_ has determined that
the area on which the Drcbosed work is to be done is significant to the following interests in accordance with
the Presumptions of Sibnificance set forth in the regulations for each Area Subject to Protection Under the
Act/check as appropriate):
Public water supply Flood control ❑ Land containing shellfish
L Private water supply Storm damage prevention ❑ Fisheries
❑ Ground water supply E Prevention of pollution ❑ Protection of wildlife habitat
Total Fling Fee Submitted $250 State Share $112.50
City/Town Share 5 (th fee in excess of S25)
Total Refund Due S city/Town Portion S State Portion S
(1/2 total) (1/2 total)
Effective 11/10/89 0-1
BK010525PQ 2
Therefore. the Commission hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth n the regulations. to protect those inter-
ests checked above. The Commission I orders thatall"w,ork' shall be Derformed
h
m accordance
with said conditions and with the Notice of Intent
referenced above.To the extent that the tol-
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 local statutes, ordinances,by-laws or regulations.
a. 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 vears.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 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.
B. 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 form 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 Protection,
File Number 64-191
10. Where the Department of Environmental Protection 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 reduest in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12.The work snail conform to the following plans and special conditions:
5-2
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BKO 10525tQ 1 3
Plans.
Title Dated Sinned and Stamped by. On File with
Plan of land, Salem, 6/7/90 A,V Fletcher (p„F. ,R,L:S. Salem Conservation Commission
MA
Existing Conditions - Kapnis
Plan of Tand Salem 6/7/90 A.V. Fletcher Salem Conservation Commission
MA
Proposed Design - Kapnis
Special Conditions (Use additional paper if necessary)
See Attached A
....... ......_.. . ....__.......... ....... ....................... . .... ..
(Leave Space Blank)
5-3fi
o 10525PG21 4
Plans:
Title Dated Signed and Stamped by: On File with
1
Special Conditions(use additional paper if necessary)
R
........................................................................................................................................................................................
(Leave Soace Blank)
5-3B
BK0 1 0525PUG2 15
Issued By ALt.YM Conservation Commission
Signaturels)
C
This Order must be signed by a majority of the Conservation Commission.
On this day of 19before me
personalty appeared, , , to me known to be the
Sy l"
pPso�rf�iescrlb'ed in and who executed the foregoing instrument and acknowledged that he/she executed
�' a rh �' ct and deed.
0.
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N� ry� ✓ y commissio Aires
The epf)lidafit 41e' fir
yl ;qph airy persoli aggrieved by this Order,any owner of land aborting the land upon which the proposes work is to De
pone.or any.Ien residents of the city or town in wrl such land is located,are hereby notified of their right to request the Department of
Environmental Protection to issue a Superseding Order, providing the re tuest is made by certified mail or hand delivery to the Department.
with the approonate filing fee and Fee Transmittal Foml as provided in 310 CMR 10.03(7),within ten days from the data of issuance of this
Determination.A copy of the request snail at the same time be sent by Cardfietl mail or hand delivery to the conservation Commission
and the applicant.
Detach on Clotted line and submit to the prior to commencement of work.
..................................................................................................................................................................................................................
'p Issuing Autnorhy
Please oe advised that the Diderot conditions forma protect a
c,e Numper has been recorded at the ReCishV of and
has been noted in me chain of tale of the aheetee property in accordance with General condition 8 on , 19_
If recorded land. the m 7ument number which Identities mis transaCUM is
If registered land.the document number which identifies INS traftsecoon is
cna!ure .Acpncant
5.4A
Ba-0 10525PG2 ( 6
Issued by the Department of Environmental Protection
Signature
On this day of 19 before me
personally appeared to me known to be the person
described in and who executed the foregoing instrument and acknowledged that he/she executed the same
as nis;her free act and deed. r
Notary Public - My commission expires
he applicant.the owner.any person aggrieved by the Superseding Order.any owner of land abutting the land upon which the proposed
Nork is to be done.or any ten persons pursuant to G.L c.30A§10A,are hereby notified of their right to reouest an adjudicatory hearing
pursuant to G.L.c.30A, §10,providing me reouest is made by certified mad or hand delivery to the Department.with the appropriate filing fee
and Fee Transmural Form as provided in 310 CMR 10.0301.within ten pave from me date of issuance of this Superseding Order.and is -
sodressed to:Docket Clerk.Office of Genal Counsel.Department of Enwronmental Protection.One Winter Street.Boston,MA 02108.
>copy of the reouest shall at the same time de sent Dy canned mall or nano dakVery to me conservation commislon,the applicant.and any
Amer parry.
A Notice o1 Claim 10r an Adiuoicatory Heanno snail com Div with the Departments Ruies for Acluoicatory Proceedings. 310 CMR
1.01 i8).and Shall contain the followino mtorntation'.
(a) the DEP Wetlands File Number,name of the applicant and address of the project.
(ti) the complete name.address and telephone number of the party tiling the reouest.and.if represented by counsel.the name and
address of the attorney:
(c) the names and addresses of all Other parties.if known:
I or a clear and concise statement of f i I the facts which are grounds for the proceeding,(2)the objections to this superseding Order,
including specifically the manner in which it is alleged t0 be inconsistent with the Department s Wetlands Reaulations(310 CMR
10.00)and does not contribute to the protection of The interests identified in the Act.and(3)the Teller sought through me adju-
dicatory nearing,incluaind specifically the changes desired in the superseding Order:
(e) a statement that a copy of the request has Dean sent to the applicant.me conservation commissiomand each other parry or rep-
resentative of such party,if known.
Failure t0 suINmt all necessary information may result in a dismissal by the Department of the Notice of Claim for an ADlualcatory Hearing.
Detach on botted line and submit to the prior to commencement of work.
..................................................................................................................................................................................................................
To ssuing Authority
Please oe advised that The Order of Conditions for the project at
File Numoer nas dean recorded at the Registry of and
cas been notec,n The chain of tine o1 ir•e atfeciec orooem,in accordance wan General Condition 8 cn . 19�
If recorded land. me instrument pumper which identifies this transaction is
If registered land, the document numoer which identifies this transaction is
S,dnature .Aooecant
5-4B
BK0 1 0525PG2 1
Attachment A
Special Conditions 3 Brook Street
64-191 Kapnis
1 . ) This Order is subject to other and further conditions as may
be determined at the next scheduled meeting of the Salem
Conservation Commission . (September 13, 1990 )
2 . ) This Order is subject -to the assent of owners of abutting
lot 171 to file a Notice of Intent for proposed work to be
undertaken on their property .
CM434
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3io CMR 10.99
Form 5 DEP Re No. i 64-191
I
(To t»olwnw w DEPT
C+ry,Town c a J-RFR
Commonwealth
of Massachusetts Aooncantori jh,o1 o� Kapnis
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131 , §40
From Sale
To Mi h l Maki,-een r Same
(Name of Appllcantl (Name of property owner
Addressg2 Qrrhgi ,`! St Pet= Address Same
This Order is Issued and delivered as follows:
oy hand delivery to applicant or representative on October 2 1 9 4 n —(datel
by certified mail. return receipt requested on (date)
This project lslocated at Brook Street na 74J.e>'=91
The orooerty Is recorded at the Registry of
Book 6232 Page 305
Certificate of redlstered)
The Notice of Intent for this project was filed on (date)
The oublichearing was closed on July 26, 1990 (date)
Findings
The Conservation C nmmi c ' nn has reviewed the above-referenced Notice of
Intent and plans and nay neld a pudlic hearing on the project. Based on the Iniormatlon avaliaole to the
(`nmm i .�inn at this time. the has determined that
the area on which the or000sed work is to be done Is significant to the following interests In accordance with
the Presumptions Of Sionrticance set forth In the regulations for each Area Subject to Protection Under the
Act IchecK as aoproohate):
Public water supply ( Flood control C3 Land containing shellfish
Private water supply ® Storm damage prevention ❑ Fisheries
❑ Ground water supply ® Prevention of pollution ❑ Protection of wildlife habitat
Total Fling Fee Submitted S2130 State Share $112 50
S
Cityfrown Share $137 . 50T - 50 ('h_fee in excess of$25)
Total Refund Due 5 Cityfrown Portion 5 State Portion 5
(1/z total) (1/2 total)
Effective 11/10189 5-1
1
Therefore. the r hereby finds that the following conditions are
forth in the regulations. to protect those inter"
necessary. in accordance with the Performance Standards set f o g
ests cheCked above.The orders that all work shall be performed
.n accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol"
r o Notice
o ce
lowm conditions modify or differ from the plans. specifications or other proposals osals submitted with th
9
of Intent. the conditions shall control.
General Conditions
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 nights 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 aoP licable federal, state or local statutes. ordinances.by-laws or regulations.
...
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 Cate 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 penods of up to three years each
upon application to the issuing authority at least 30 days pnor to the expiration date of the Order.
6. 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 or000sed work is to be done.The recording information shall be submitted to the
on the form 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 Protection,
File Number F a 1 Q 1
10. Where the Department of Environmental Protection is requested to make a determination and to issue
a Superseding Order.the Conservation Commission shall be a parry to all agency proceedings and
hearings before the Department.
11. Upon completion of the work described herein, the applicant shall forthwith reduest in writing that a
Certificate of Compfiance be issued stating that the work has been satisfactorily completed.
12.The work snail conform to the following plans and special conditions:
5.2
Plans:
Title Dated Sioneo and Stamped by. On File wan
Plan of land, 6/7/90 n �( Flatnhor (n F o r c ) c>> o n �3tion
Salem, MA Commission
Existing Conditions - Kapnis
Plan of Land, Salem, 6/7/90 A-V- Fletcher_ Ral Pm ( nncarvatinn
MA Commission
Prop ign - ap1� nis —
Special Conditions(Use additional paper if necessary)
See Attachments A and B
. ..... _.... ........................ .... ... ._ _.. .. .. ..
(Leave Soace Biankl
5-3A
Plans:
Title Dated Sioned and Stamped by: On File with
Special Conditions(use additional paper if necessary)
................ ._ _. ............................................__........................................................... ... ...,_.
(Leave SDace Blank)
5.3B
I
r,
Issued By 17 alem Conservation Commission
Sign turels
This Order must be signed by a majority of the Conservation Commission.At
qQA
On this ca,,,,�,z day of �(7� 19before me
personally appeared -jf&, A2JV7,Pd A�Z� , to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he,,she executed
the same as his/her free act and deed.
Nota Ypubw My comm sfon expires
The applicant.m@ avner.any person aggrieved try this order.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 lana is located,are hereby notified of their right to refluest the Department of
Environmental Protection to issue a superseding Order,providing the reouest is made by certified mail or hand delivery to the Department,
with the appropriate tiling fee and Fee Transmural Form as provided in 310 CMP 10.030,within ten days from Ina pate of issuance of this
Determination.A copy of the reduesl snail at the same(lite pe sent by certified mail or hand delivery to the Conservation Commission
alp the applicant
Detach on ootted line and submit to the prior to commencement of work.
..................................................................................................................................................................................................................
?d :ssulno Authority
Please lie advised trial the Order of Conanions for the project at
=,e Numder -as been recorded at the Redistry of and
has been noted in me cnain of tine of the affected broberty m accordance with General Condition 8 on , 19_
If recorded land. the instrument number which identities this vansacbon is
It registered land.the document number which identifies Ina transaction is
a-nwure Applicant
5.4A
e
Issued by the Department of Environmental Protection
Signature
On inls day of 19 , before me
oersonally acoeared to me known to be the person
described in and who executed the forecoing Instrument and acknowledoea that he.Ishe executed the same
as ms:ner free act and deed.
Notary Public My commission expires
tte applicant.the owner,any person aggrieved by the Superseding Order,any owner of land abutting the land upon which the proposed
ork Is to be done.or any ten persons pursuant to G.L c.30A y10A.are hereby notified Of their right to request an adludlcatory hearing
irsuant to G.L.c.30A. 410,orovlomg Ins reduest Is mace by candied mail Of hand delivery to Ins DepartmenCwah me approonate filing fee
1d Fee Transmural Forth as provloed in 310 CMR 10.0301.within ten days from the date of issuance of this Superseding Order.and is
idressed to:Docitei Clerk.Orrice of General Counsel.Dew rnem of @rvfronrnental Proternon.One winter Street.Boston,MA 02108.
coot/of Ins request small at me same time oe sent by certme0 mail or nand delivery to the conservation commision.Ins applicant.and any
ner parry.
4 Notice of Claim for an Amumcatory neanno small comply with the Department s Rwes for Aauoicatory Proceedmos.310 CMR
f 0116).and snali contain the louowind Information:
la) the DEP Wetlands File Number.name of ilia applicent and address of the dr0)ect.
til the complete name,address and Ieleonone numoer of the party tiling Ine request.and.if represented by counsel.the name and
address of me attorney:
(c) ins names and addresses of all other parties,if known:
(d) a clear and concise statement of 111 the facts wnich are grounds for the proceedlna.(2)the objections to this Superseding Order.
including specifically Ina manner in which it is alleged to be inconsistent with the Department s Wetlands Regulations(310 CMR
10.001 and does not coninbule to the protection of the Interests identified In the Act.and(3)the revel sougm mrdugn the adlu.
dicatOry nearing,including specifically the chances desired In the Superseding Order:
ie) a statement met a copy of the request mas peen sent to the applicant.time conservation commission and each Other darty or red.
resentative of such party.if known.
Failure to submit all necessary Information may result in a dismissal by the Department of the Notice of Claim for an A01Ueleatory Hearing.
Detach on dotted line and submit 10 the prior to commencefnew of work.
..................................................................................................................................................................................................................
-o ssumg Authority
Please be advised that the Order of Conditions for;tie project at -
File Number nas peen recorded at the Registry of and
-as peen noted,n me cnain of utle e:ire affecfea oropenv in accordance with Genera]Conmfion 6 en-. '9_
n. reccraee lana, :re Instrument numoer which identities this transaction is
If rectstered land. the document numoer which Identities this transaction Is
Signature ncoicant
j-48
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Attachment B
Special Conditions Kapnis , Brook Street
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 . Prior to commencement of construction activity, either a
haybale barrier or mirafy siltation barrier shall be placed
downgradient of construction to prevent siltation of the
adjacent wetland. Trench material shall be deposited on the
upgradient side of the haybale barrier. Haybales shall be
inspected daily and those showing signs of deterioration
shall be replaced immediately. The haybale barrier shall
remain in proper functioning condition until all disturbed
areas have been stabilized.
3 . Any additional erosion and sedimentation control measures
deemed necessary by the Commission shall be instituted by the
applicant. Any siltation caused onto any wetland or waterway
areas shall be promptly reported to the Salem Conservation
Commission and such areas restored to the satisfaction of the
Commission.
4. Removal of trees, branches or other vegetation shall be
minimized to the extent possible.
5 . Fertilizers used for landscaping/lawncare shall be of the low
nitrogen content variety, and shall be used in moderation.
Pesticides and herbicides shall not be used within 100 feet
of the resource area.
6 During construction, all debris, fill and excavated material
shall be stockpiled more than 100 feet away from designated
wetlands, at a location to prevent sediment from surface
runoff entering wetlands .
7 . Servicing of equipment must be done outside the Buffer Zone
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.
8. Members and agents of the Salem Conservation Commission shall
have the right to enter and inspect the premises at all
reasonable times to evaluate compliance with the conditions
stated in the Order, and may require the submittal of any
further and additional data deemed necessary by this
Commission for that evaluation.
9 . Upon completion of the project, the applicant shall submit
with their request for a Certification of Compliance, an
affidavit prepared by a professional engineer or land
surveyor duly registered in the Commonwealth of
Massachusetts, stating that the site has been developed in
accordance with the requirements of this Order of Conditions
and the referenced site plan.
10 . Notice shall be given to this Commission no more than two
(2 ) weeks nor less than two ( 2 ) days prior to the
commencement of any construction activities . Said notice
shall include in writing, the name ( s) , address (es ) , business
and home phone numbers of the project supervisor ( s) who will
be responsible for insuring performance of all sedimentation
and erosion control, buffer zone alterations, and drainage
system installation.
11. All disturbed soils shall be immediately and similarly
re-vegetated upon completion of construction activities or
shall be mulched until the next growing season.
12 . This Order shall apply to any successor in control or
successor in interest of the property described in the
Notice of Intent and accompanying plans .
13 . Prior to commencement of construction, a revised site plan
showing correct lot numbers shall be on file.
14 . After reviewing potential impact on wildlife habitat in the
resource areas, it was determined that the impact was
negligible.
15 . This Order is subject to an agreement between Mike and
Maureen Kapnis and owners of record of Lot 192 .
D524
Attachment A
Special Conditions 3 Brook Street
64-191 Kapnis
1 . ) This Order is subject to other and further conditions as may
be determined at the next scheduled meeting of the Salem
Conservation Commission. ( September 13, 1990 )
2 . ) This Order is subject to the assent of owners of abutting
lot 171 to file a Notice of Intent for proposed work to be
undertaken on their property.
See Attachment B for further conditions .
CM434
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310 CM' R 10.99
'
Form 3 DEP Re No.
_ _,r:w,�
Commonwealth '' 4 (ro ee��w oEa)
- := Salem
of Massachusetts c ty,;own
Acchcant
Michael & Maureen Kapnis
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
3 Brook St .
1 . Location: Street Address
Lot NumberAssessors Map 24/Lot 191
---
2. Project: Type
hL ( n r ,Qftcription Construct
home at 3 Brook St .
outh Essex Current5oo
6232 &page 305
3. Registry: County S
Certificate (If Registered Land)
4. Applicant Michael & 'Maureen Ka
Tel.
Address
42 Orchard St . , Salem MA
Tel.
5. Property Owner
Address
6. Representative A.Y• Fletcher (.P . E . R•L • S •
TeL(617) 947-0500
Address 10 Cliffside Road Marblehe
7. a. Have the Conservation Commission and the Departments Re-sup office
e a s and ach ndo utconed
ments
mail or hand delivery, 2 copies of completed Notice Of Intent, with supP
Yes i� No 'I
b. Has the fee been submitted? 'ZZ Yes ^ No
c. Total Fling Fee Submitted
$ -
. City(rovm Share of Fling Fee 13 7 5 0 State Share of Filing Fee�S 1, 1 2 S n
d ('/i of fee in excess of 525, sent to DEP)
(sent to Ci of Felin
e. Is a brief statement attached indicating how the applicant calculated the fee? 5C7 Yes J No
The chart published. by M.A. C . C . illustrating the calculation of
fees was used . This calculation "worksheet" is attached .
Effective 1160/89
I
8. Have all cotainable permits, variances and approvals required by local by-law been obtained?
Yes X No
Obtained:
Applied For: Not Applied For:
Dimensional variance Order n Con di tiovs B.0 ldin2 Permit
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 1 31 , §40A or G.L.
C. 130. §105? Yes E. No 5�
10. List all plans and supporting documents suomitted with this Notice of Intent..
Identifying Title. Date
NumoedLetter
A
Plan entitled ''Plan of Land Salem Mass Michael
& Maureen Kapnis , Existing Conditiops" , prepared I
and stamped by A.,V . Fletcher , (P . E . ,R.L . S . ) , dated
Elan entitled "P1an - ` ' -- "' ` " ' am_Mas 14ichae1
B & Maureen Kapnis , Proposed Design" , prepared
and stamped by A.V. Fletcher , dated 6/7/90 .
C USGS — Salem Quadran le
1 1 .Check those resource areas within which work is proposed:
(a) � Buffer Zone
(b) Inland:
R Land Subject to Flooding,
Bank'
Bordering Vegetated Wetland' - Bordering
Land Under Water Body&Waterway' _ Isolated
(c) Coastal
Designated Port Area'
Land Under the Ocean
Coastal BeachCoastal Dune
Barrier Beach = Coastal Bank
Rocky Intertical Shore' — Salt Marsh'
Land Under Salt Pond' - Land Containing Shellfish'
Fish Run' "
Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for
Compietinc Notice of Intent. 3-2
12. Is the wetland resource area to be altered by the proposed work located on the most recent
Estimated Habitat Map (if any) of rare, "state-listed" vertebrate and invertebrate animal species
occurrences provided to the conservation commission by the Natural Heritage and Endangered
Species Program?
YES [ ] NO [X] Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [ ] (if any)
If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with
supporting documentation with the Natural Heritage and Endangered Species Program by
certified mail or hand delivery,so that the Program shall have received Appendix A prior to the
filing of this Notice of Intent?
YES [ ] NO [ ]
3-3
Part II: 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
NumberiLetter
(of plan, narrative
or calculations) -
Natural Features:
Soils
Vegetation
Topography
N_I Open water bodies(including ponds and lakes)
Pt I lr_�] r_ Flowing water bodies(including streams and rivers)
V 4 Public and private surface water and ground water supplies on or within 100 feet of site
N Maximum annual ground water elevations with dates and location of test
Boundaries of resource areas checked under Part I, item 11 above
Other
Man-made Features:
ho I Structures(such as buildings, piers, towers and headwalls)
fj I Drainage and flood control facilities at the site and immediately off the site. including
culverts and open channels (with inverts), dams and dikes
VD I J2 Subsurface sewage disposal systems
—r
M19' Underground utilities
A'4 Roadways and parking areas
P! 18 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, item 1 1 above.
Identifying
NunberiLetter
(of plan, narrative
or calculations) _
Planw�wand Cross Section of:
NI A Struct--res (such as buildings, piers, towers and heaowalls)
p)t A' Drainage and flood control facilities, including culverts and open channels(with inverts),
dams and dikes
A Subsurface sewage disposal systems&underground utilities
Filling, dredcing and excavating, indicating volume and composition of material
NIA Compensatory storage areas,where required in accordance with Part lll. Section 10:57
(d) of the regulations
&)IA- Wildlife habitat restoration or replication areas
C3 Other Qte
Point Source Discharge
n0JA 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
1 1 above. as supported by stancard engineering calculations. data and plans. including
but not limited to the following:
3-4
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 storm:
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 Measures
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 II or Part III of the regulations: or
(b) why the presumotions set forth under each resource area specified in Part II or Part III of the regula-
tions do not apply.
Coastal Resource Area Type: loentifying number or letter
Inland Bank of support documents
Placement of rip rap (no stone smaller than 50 lbs) Plan B
at edge of existing streambed in order to better
define stream flow. This rip rap will be placed
and stabilized prior to any other work at site .
Coastal Resource Area Type: i Identifying number or letter
of su000rt documents
Inland
i
I
I
I
I I �
� I
I
3-5
Identaymg number df letter
_ Coastal Resource Area Type. of support documents
_ Inland
i
i
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 ensure that said work
does not alter an area specified in Part I, 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 established for the adjacent resource area-specified in Part II or
Part III of these regulations.
Resource Area Type Bordered By 100-Foot Discretionary Zone: Identitying number or letter
Coastal bt support documents
Inland
Area from the real of the proposed single family
dwelling to the proposed rip rap will be re—
graded to a slope as shown on Plan B . Hay
bales will be placed between the proposed riprap
and the area to be regraded .
I
I
3-6
Part V: Additional Information for a Department of the Army Permit
i , COE Application No. 2
(to be provided by COE) (Name of waterway)
3. Names and addresses of property owners adjoining your property:
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'h" x 1 1 " 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 from the Division of Water Pollution Control before.the Federal permit can be
issued.Certification may be obtained by contacting the Division of Water Pollution Control,1 Winter Street
Boston, Massachusetts 02108.
Where the activity will take place within the area under the Massachusetts approved Coastal Zone
Management Program,the applicant certifies that his proposed activity complies with and will be conducted
in a manner that is consistent with the approved program.
Information provided will be used in evaluating the application for a permit and is made a matter of public
record throuch issuance of a public notice.Disclosure ofthis information isvoluntary,however,if necessary
information is not provided,the application 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. docV3ents and supporting data are true and complete, to the best of my knowledge.
Signa ire f Appiicant Da
CD
ate
Signawre of Applicant's Fedresentativt ode
FORM "r=p eD a=^ to ENG Form 4345 .9proved by HQUSACE. 6 M.y 1982".
MED 100 (TEST) .,b,. daaa.... .oat.... . ,0.0. Oep.rtm<nt of the Army end Stele of M....aha.etu .ppra,uan
1 MAY 82 for . Dormtt to abum perm185100 to perform activities in United Slate. waters. The Office
or Ma n.um..t and Budget foMB) be. •p,r.,ed tbo.. ape.tiong, reg a+red by the US Army Cary
of Er,reera. OMB Number 0702-0036 and eaptration date 0f 30 September 1983 avpiles". Thio
.u...... .til be •.. m 6 Dnlat tyll�
3-i
r
NOTICE OF INTENT FEE TRANSMITTAL FORM
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DIVISION OF WETLANDS AND 9 TEF&aYS
NOTICE OF IN'TEN'T (NOI) APPLICANT: PROPERI)1 OWNER:
Nagle N i r fi e l & Maureen Kms:_^- Nam S'Anp AS l g
Street 92 Orchard St . , Street
City/Town Salem, MA City/Town
State Zip Code State Zip Code
Phone Number
Project Location: Street/Lot Number 3 Brook St Map 41
City/Town Salem MA
DEP FILE NUMBER (if available)
NOI FILING FEE DISPUTED FEE
Total NOI Filing Fee: $ 250 Total Disouted Fee: $
(as determined in Notice of
State Share of Filing Fee: $ 112 . 50 Insufficient Fee letter from
(1/2 of fee in excess of $25.00) conservation commission)
City/Town Share of State Share of Fee: $ --
Filing
Filing Fee: $ 137 . 50 (1/2 of total disputed fee)
City/Town Share of Fee: $
(1/2 of total disputed fee)
INSTRUCTIONS
1. Send this Fee Transmittal form with a check or money order, payable to
the Commonwealth of Massachusetts, to the DEP Lock Box at:
Department of Environmental Protection
Box 4062
Boston, MA 02211
2. Attach a CODV of this form to the Notice of Intent submitted to the
local Conservation Commission.
3. Attach a COpV of this form and a copy of the DEP check to each of the
Notice of Intent forms submitted to the DEP regional office.
11/10/89
i
FILING FEE CALCULATION WORKSHEET plants, roadways/driveways NOT subject to 310 CMR
1 10.53(3e) SHALL NOT BE SUBJECT TO ADDITIONAL FEES
CATEGORY 1 $55 PER ACTIVITY if said activities are reviewed under a SINGLE NOI
� $ No.
I
C. Construction of EACH ROADWAY/DRIVEWAY within the _
A. Existing House/residential lot (addition, deck, — Buffer zone or Coastal Floodzone NOT reviewable
garage,pool, shed,or DRIVEWAY) under 310 CMR 10.53 Pae) and NOT associated with a SFH
B. Site Preparation (removal of vegetation, exca- — D. HAZARDOUS WASTE CLEANUP (except as noted in
vation grading where home construction isn't category 4) —
proposed under this NOI)
C. Control of nuisance vegetation by removal, herb- — — TOTAL CATEGORY 3 ACTIVITIES
icides, etc, within a Resource Area PER LOT
pursuant to 310 CMR 10.53(4) CATEGORY 4 $725 PER ACTIVITY
D. Resource Area Improvement pursuant to 310 CMR _ A. EACH WETLAND FILLING/CROSSING LIMITED PROJECT _
10.53 (4) other than 1C above ACCESS ROADWAY/DRIVEWAY under 310 CMR 10.53 (3e)
— —
F. SEPTIC SYSTEMS or any pert thereof/repairs, associated with COMMERCIAL, INDUSTRIAL, INSTITU-
TIONAL DEVELOPMENT OR RESIDENTIAL SUBDIVISION
f replacement, UPGRADING CONSTRUCTION. (*see category 2g for SFH driveways*)
F. Monitoring Wells/well —— B. Flood Control Structures (construction, REPAIR, —
' TOTAL CATEGORY 1 ACTIVITIES and/or modification)_
C. LANDFILLS-public d private _
CATEGORY 2 $250 PER ACTIVITY D. SAND 6 GRAVEL OPERATIONS _
A. EACH NEW single family house (SFH) INCLUDING �Sa — E. NEW railroad lines or EXTENSIONS of EXISTING
site preparation, retention/detention basins, lines —
utilities, SEPTIC SYSTEM, roadway/driveway other -
than those pursuant to 310 CMR 10.53(3e) - F. Control of NUISANCE VEGETATION under 310CMR _
if reviewed under a SINGLE NOI 10.53(4) other than on a SFH lot
S. Parking lot/ ANY size G. BRIDGES (construction, reconstruction, expansion,—
C. Beach Nourishment —
maintenance) ASSOCIATED with a SFH lot
_
D. Coastal Activitiespursuant to 310 CMR 10.24 H. Raising or lowering WATER LEVELS —
—
(7a-c) including 7a-Electric Generation Facilities, I. ALTERATION OF RESOURCE AREA h diversion of water _
7b-Public Utilities, 7c-Coastal Limited Projects associated with HAZARDOUS WASTE CLEANUP, non-
including REPAIR/MAINTENANCE of EXISTING piers, mosquito control projects, or for ANY OTHER PURPOSE
buildings culverts, etc. NOT EXPRESSLY IDENTIFIED ELSEWHERE IN THIS FEE SCHEDULE
E. LIMITED PROJECT ACTIVITIES pursuant to 310 CMR — J. DREDGING ACTIVITIES not associated with a NEW _
10.53 (e-d) AND 310 CMR 10.53 (f-1) per footprint dock, pier or other structure described in category 5
F. NEW agricultural/aquacultural projects
— — TOTAL CATEGORY 4 ACTIVITIES
G. EACH WETLAND DRIVEWAY CROSSING associated with _
a SFH pursuant to 310 CMR 10.53(3e) CATEGORY 5 .$2 PER LINEAR FOOT; TOTAL FEET NOT TO BE LESS
H. ANY point source discharge —
THAN $50 NOR MORE THAN $1000
A. Construction, reconstruction, REPAIR, or replace-
ment of DOCKS, PIERS, REVETMENTS, DIKES, or other
103,4 & 5 engineering structures on COASTAL or INLAND RESOURCE
TOTAL CATEGORY 2 ACTIVITIES AREAS including the placement of RIP-RAP or other
— — material on coastal or inland resource areas
CATEGORY 3 $525 PER ACTIVITY TOTAL CATEGORY 5 ACTIVITIES ——
A. SITE PREPARATION for ANY development other than _ TOTAL FILING FEE CALCULATED $
for a SFH INCLUDING removal of vegetation,
excavation & grading when actual construction is PERSON CALCULATING FEE SCHEDULE (Print Name)
NOT proposed under this NOI A. 11. F C.
B. CONSTRUCTION OF EACH BUILDING within commercial, — ADDRESW Y 0�
industrial, institutional, or apartment/condo/ TELEPHONE NUMBE -.617- `H - O —O(J
townhouse type of development, ANY PART of which
is in a BUFFER ZONE or RESOURCE AREA. Associated SIGNATURE(.C' DATE
activities: site preparation retention/detention
basin construction,septic systems, parking lots,
utilities, point source discharges, sewerage treatment
MACC Newsletter
1537
MICHAEL KAPNIS
MAUREEN KAPNIS
53-92/113
oRoeR or E
Ave fT .t.fJliC/lt�Sc� $
L/
/c G '/' DOLLAR S
Century
North Shore Bank
Salem,Massachusetts 01970
�s
MEMO
1:0 1 1 3009 2 21: 11' 221 861811' 1537
MICHAEL KAPNIS 1538
MAUREEN KAPNIS
s— 53-92/113
PAY TO THE rJ
ORDER OF a/ $
D O L L A R 5 �...'�
a
Century
North Shore Bank
Salem,Massachusetts 01970
MEMO
1:0 1 1 3009 2 21: 11' 221, 861811 1538 � 3� mm
G '56
Daniel S. Greenbaum 016'01
Commissioner
617/935-2160
DATE: JULY 13, 1990 RE: NOTIFICATION OF FILE NUMBER: 64-191
WETLANDS/ SALEM
(city/town)
This Department is in receipt of the following application filed in accordance with the
Wetlands Protection Act (M.G.L. Chapter 131, Section 40) :
APPLICANT: MICHAEL & MAUREEN KAPNIS OWNER OF LAND: SAME
ADDRESS: 92 ORCHARD ST. ADDRESS:
SALEM, MA 01971
PROJECT LOCATION: 3 BROOKS ST. . ASSESSORS 14AP 24. LOT '191
Although a files is being issued, the possible following deficiency(ies) in the filing
have been noted: NO DATE FOR ESTIMATE HABITAT MAP
No File r will be assigned to this project until the following missing information is sent
to this office to complete the filing in accordance with the Act:
( ) Notice of Intent ( ) Locus Man ( ) Plans
( ) Title 5 Plan ( ) Appendix A Documentation.
COMMENTS:
( ) Application has been forwarded to the Waterways Licensing Program to determine if a
Chapter 91 License is required.
( ) Applicant is advised to forward a copy of the Notice of Intent to the Army Corps of
Engineers for Section 404 review (Call 1-800-362-4367 for further information) .
( ) Project may recuire a Water Quality Certificate. Applicant is advised to contact
the DEP Division of Water Pollution Control (1 Winter Street, Boston, MA 02108; Tel:
(617) -292-5673 for forms and further information.
ISSUANCE 0A FILE NUMBER INDICATES ONLY COMPLETENESS OF FILING SUBMITTED, NOT APPROVAL OF
APPLICAT N.
cc: ( ) Conservation Commission ==:?JV1RC?'1A1'ENTAL
copies also sent to:
( ) DEP Division of Water Pollution Control
( ) U.S_ Army Corps of Engineers, Regulatory Branch ION
( ) City or Town Board of Health _.___..
( ) Office of Coastal Zone Management
( ) Representative FortheCommissioner v/�
A.V. FLETCHER (P.E. , R.L.S .) , 10 CLIFFSIDE ROAD, zz/ � i
MARBLEHEAD, MA 01945 Section Chief
Original Printed on Re vded Pager
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and published by the Geological Survey SCALE 1:25 000 ROAD cLAssiriCATION
I I MILE
0 Primary highway, Light duty road, hard or IS<
.JSC&GS,and Massachusetts Geodetic Survey improved surface
1000 0 1000 2000 3000 4000 5000 6000 7000 FEET hard surface
�.ogrammetric methods from aerial photographs GN I KILOMETER Secondary highway,
Dgraphy by planetable surveys 1942 5 0 ---- proved road.. ------ 01-
1 photographs taken 1969. Field checked 1970 ta"- CONTOUR INTERVAL 10 FEET hard surface Unim State Route
2 L Interstate Route J. S. Route
Thic data compiled horn USC&GS Charts 240 and 3-6-M�,L \ -cY�ml'-19L's NATIONAL GEODETIC VERTICAL DATUM OF 1929
information is not intended DEPTH CURVES AND SOUNDINGS IN FEET—DATUM IS MEAN LOW WATER If MASS,
.lposes THE REL-ETIONSHIP BEYWEEN THE TWO DATUMS IS VARIAS,E
-In. 1927 North American datum SHORELINE S D OWN REPRESENTS THE RPIROXIMATE LINE Of MEAN HIGH WATER
ased on Massachusetts coordinate system, UTIA GRID AND 1979 MAGNETIC NORTH THE MEAN RANGE OF TIDE is APPROXIMATELY 9 FEET SALEM, MASSo
DECLINATION AT CENTER OF SHEET THIS MAP COMPLIES WITH NATIONAL MAP ACCURACY STANDARDS QUADRANGLE LOCATION KI.11� 1117Y,F9 F/7
.y
C ion Commision
Salem. Massachusetts 01970
ASS
CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
On Thursday, July 26, 1990 at 7 : 30 p.m. , the Salem
Conservation Commission will hold a public hearing under the
Wetland Protection Act, M.G.L. Chapter 131, Section 40 at the
request of Michael and Maureen Kapnis, 92 Orchard Street, Salem,
MA 01970 .
The proposed work involves construction of a single family
home and accompanying site preparation to be located at 3 Brook
Street . Portions of the proposed project are within a wetland
buffer zone . The hearing will be held at One Salem Green, second
floor conference room.
John G. Vallis
Chairman
R1321
This notioe posted -Oh "Of tf;6 1 Bulletin Beats"
lity Hall Ave. , Salem, Masd. on (y /q Z710
3g. "J�f' ilt)1 in accordance witK p. Zi.
of +the .Aots of 1858.
BM SMH ELEV. 15.10
BROOK STREET
/2
50.00 S 61 - CS-03 " E 125.00 TO LAWRENCE ST -y
/ 12
12.15
1 W
\ W 1 W
8 Lo1274
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cc
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6 ` 8
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N 61.08 03 W 50.0
CHANNEL
od 5 7'0 6" WIDE
EXIST' RIP RAP 5 'x 7 " CONC
oma BOX CULVERT-
d�
PLAN OF LAND
SALEM MASS.
sc,�LE 1"= 10'
DATE 06-07-90
MICHAEL 8 MAUREEN KAPNIS
PROPOSED DESIGN
BM SMH ELEV 15.10
- BROOK STREET
/2
50.00, S 61 08 03" E 125.00 TO LAWRENCE ST. -y
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12.15
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RAP -�� CONC.
BOX CULVERT
�-- 50 LBS. OR Z,� 1
W GREATER STONEcr
PLAN OF LAND
e
SALEM MASS.
- APPROVED BY SCALE: I'= IO' DRAWN BY
DATE: O6"07-9O
s' To s' wIDE „ MICHAEL & MAUREEN KAPNIS
EXISTING & PROPOSED RIP- RAP r EXISTING CONDITIONS DRAWING NUMBER
N