Loading...
64-338 - 29 HOWLEY STREET - CONSERVATION COMMISSION Q" G��55�r���- ca - - - -- - - � Y- ��2 �� �� . F JOHN R. KEILTY, COUNSELOR AT LAW i r 40 LOWELL STREET TELEPHONE (978) 531-7900 PEABODY, MA 01960 FACSIMILE (978) 531-2479 a ' a September 23, 2002 Conservation Commission city of Sa'err 93 Washington Street Salem, MA 01970 Attn: Don Cefalo Senior Planner Re: 29 Howley Street, Peabody & Salem, MA DEP File No. 64-338 Dear Mr. Cefalo: The above-referenced Order of Conditions pertaining to Peabody Glass and Mirror Co. at 29 Howley Street in Peabody and Salem, Massachusetts was recorded at the Essex South District Registry of Deeds on September 29, 2002 in Book 19264, Page 93. Very truly yours, Joh R Keihy, Esquire JRK/emb Enclosure Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-338 .5 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: 29 Howley Street, Peabody MA 64-338 Project Location DEP File Number Has been recorded at the Registry of Deeds of:, 1 G /1 93 County / Book / Q e for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issu d on: iii Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant WPA Form 5 Page 7 of 7 Rev.02/00 JOHN R. KEILTY, COUNSELOR AT LAw ,• rr 40 LOWELL STREET L- -� 'TELEPHONE (978) 531-7900 PEABODY, MA 01960 FACSIMILE (978) 531-2479 PL,'�.h'NING DEP- 1. April 8, 2002 Mr. Don Cefalo Senior Manner City of Salem 120 Washington Street Salem, MA 01970 Re: Peabody Glass and Mirror Company DEP File No. 64-331 low(-- 338 Dear Mr. Cefalo: Enclosed herewith please find the recording information relative to the Order of Conditions regarding the above-referenced DEP File number. Should you have any questions or comments, please contact me. Very truly yours, JRK/emb Enclosure :i• Massachusetts Department of Environmental Protection DEP File Number: u Bureau of Resource Protection - Wetlands N WPA Form 5 - Order of Conditions 64-331 q .ice Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: 29 Howley Street, Peabody MA 64-331 Project Location DEP File Number Has been recorded at�the Registry of Deeds of: County ' .Book Page for: Pfoperty Owner S EXF` I�i�ITH REGISTRY DISTRICT and has been noted in the chain of title of the affectedEpr qe ; , JJnd - ,I, , ,,j. REGISTRYOFDEEDS Book Page In accordance with the Order of Conditions issued on: P.ECEI`dED O'CLOCK M Date BK &/ PG If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number signal a cant WPA Form s P'y=7 of Rev.02100 Massachusetts Department of Environmental Protection DEP File"umber: Bureau of Resource Protection - Wetlands 64-338 WPA Form 5 - Order of Conditions Provided by DEP ,tf a4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling From: out forms on Salem the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions ro To: Applicant: Property Owner(if different from applicant): Peabody Glass and Mirror Co. A&A Howley Street Trust FmA Name Name 29 Howley Street 29 Howley Street Mailing Address Mailing Address Peabody MA 01960 Peabody MA 01960 City/town State Zip Code Cityrrown State Zip Code 1. Project Location: 29 Howley Street Peabody & Salem, MA Street Address City/Town Map 16 Lot 241 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex South 8376 508 County Book Page NA Certificate(if registered land) 3. Dates: January 8, 2002 January 24, 2002 February 7, 2002 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Site Development Permit Plan located in Peabody, Mass. November 21, Title 2001 5. Final Plans and Documents Signed and Stamped by: Christopher R. Mello Name 6. Total Fee: $525.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Form 5 Pagel of 7 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-338 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ❑ Protection of Wildlife Habitat ❑ Groundwater Supply ❑ Storm Damage Prevention ® Flood Control Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The 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, bylaws, or regulations. WPA Form 5 Page 2 of 7 Rev.02100 - Massachusetts Department of Environmental Protection DEP File Number: a Bureau of Resource Protection - Wetlands 64-338 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition 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. Any fill shall contain no trash, refuse, rubbish, or debris, 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. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then 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 the 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 done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP'] "File Number 64-338 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WPA Form 5 Page 3 of 7 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-338 WPA Form 5 - Order of Conditions Provided by DEP z Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See Attachment. Findings as to municipal bylaw or ordinance Furthermore, the Salem hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Name Municipal Ordinance or Bylaw Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Form 5 Rev.02100 Page 4 M 7 Massachusetts Department of Environmental Protection DEP File Number: ` Bureau of Resource Protection -Wetlands 64-338 WPA Form 5 - Order of Conditions Provided by DEP rocµ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. Dal�s�� Fra, '7 aoo'L .. DttP S! A`pAbey 5,� 1.2r ZeoL This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at th same time to the appropriate Department of Environmental Protection Regional Office (see Ap end' A) an the property own (if different from applicant). Signatures,` 4 On Of $�D�t-�„ti\ur` . 202 Day Month nd Year before me personally appeared to me known to be the person described in and who executed the foregoing instrument and ack ledged th t he she exec u d the same as his/her free act and deed. 3�! Notary Public My Co nmiExp it2 This Order is issued to the applicant as follows: ❑ by hand delivery on by certified mail, return receipt requested, on SQ�14 Ib�ZdL7i_ Date Date WPA Fon 5 Rev.07JOD Page 5 of 7 �I Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-338 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �w C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. C. 131, §40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be 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 subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Salem Conservation Commission NPA Form 5 Page 6 of 7 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands 64-338 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: 29 Howley Street, Peabody, MA 64-338 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant WPA Form 5 Page 7 of 7 Rev.02100 Salem Conservation Commission SPECIAL CONDITIONS—DEP FILE # 64-338 29 Howley Street, Peabody & Salem, MA 1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745- 9595 ext.311). Members and agents of the Salem Conservation Commission(Commission)shall have the right to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may require any information,measurements,photographs,observation and/or materials or may require the submittal of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is satisfied that the work will comply,and has so notified the applicant in writing. 2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter 131, Section 40,and Wetlands Regulations 310 CMR 10.00. 3. 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. These obligations shall be expressed in covenants in all deeds to succeeding owners or portions of the property. 4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed with the Department of Environmental Protection. This form shall be returned to the Commission within 21 days of recording accordance and prior to commencement of any activities subject to the Order of Conditions. 5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-338,and not placed on a living tree. 6. The term"Applicant'as used in this Order of Conditions shall refer to the owner, any successor in interest or successor in control of the property referenced in the Notice of Intent,supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 7. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project. These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500,86 stat. 816),U.S.Arany Corp of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec. 27 (5)of Chapter 21 of the Massachusetts General Laws as codified (3) Flood Plain (4) Grading Ordinance 8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. 9. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No alteration of wetland resource areas or associated buffer zone,other than that approved in this Order,shall occur on this property without prior approval from the Commission. 12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L.Ch. 131, Section 40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field, whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 13. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a signed statement by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 14. Conditions number as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall be referred to in all future deeds to this property. PRIOR TO CONSTRUCTION 15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all responsible parties shall be registered with the Commission at the pre-construction meeting. 16. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commssion and/or its Administrator shall inspect and approve such installation at the pre-construction meeting. 17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the Commission in writing a construction schedule/sequence of work to complete this project. 18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery, storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at anytime. 19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas to be impacted and the limits of work in the replication area(s)shall be clearly flagged. 20. There shall be hay bales and wooden staked stored under cover on the site to be used only for emergency erosion control. EROSION CONTROL 21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project; additional measures may be required by the Commission. 22. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 24. The areas of construction shall remain in a stable condition at the close of each construction day. i v 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through haybale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed surfaces shall be stabilized by other appropriate erosion control measures, firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in Condition# 11, shall be on the site upon commencement and during any site work for contractors to view and adhere to. 29. Erosion and sedimentation control devices shall be inspected ected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 30. Only clean fill, free of masonry,stumps,asphalt, and any other kind of waste material shall be used on the site. 31. All waste products,grubbed stumps,slash,construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from rivers. 32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the City of Salem Health Department. 33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be removed by hand. 34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified in this Order of Conditions. 35. There shall be no pumping of water from wetland resource areas. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 37. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when completed. 38. The applicant is hereby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L. Chapter 21A,section 16. POST CONSTRUCTION 39. All disturbed areas,slopes and proposed landscape areas shall be learned and seeded or stabilized through the use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed, and seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left unprotected or without erosion controls during the winter. j 40. Upon completion of construction,the applicant or current landowner shall submit the following to the Commission to request a Certificate of Compliance: (1) A letter requesting a Certificate including the following information: a. Name and address of current landowner; b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued: c. Street address and lot number for the project;and d. DEP file number (2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the property with this Order of Conditions (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction conditions and: a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area; b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and replicated areas;and c. Distances to all structures within 100 feet of any wetland resource area. 41. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds. 42. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 43. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their removal. ADDITIONAL CONDITIONS JOHN R. KEILTY, COUNSELOR AT LAW n 40 LOWELL STREET IECEIVED TELEPHONE (978) 531-7900 PEABODY, MA 01960 FACSIMILE (978) 531-2479 'J/ ...I.� rryy'7 <. . . L<= ,SAL E.','! January 31, 2002 Conservation Commission City of Salem 120 Washington Street Salem, MA 01970 Attn: Denise Hulbert, Chairperson Re: 164R Boston Street, Salem/29 Howley Street,Peabody Dear Ms. Hulbert: At the most recent meeting of the conservation commission you and I discussed page 3 of the Notice of Intent filed for the Peabody Glass project at the above referenced address. . • The issue that we discussed was whether or not the area reflecting bordering land subject to flooding should be filled out. I meet with Jim MacDowell and Chris Mello of Eastern Land Survey and they pointed out that they had left the entire sheet blank, in as much as not work activity was taking place within the associated buffer zone under C-1a nor was there any activity in whole or in part in a wetland resource area as required to be filled out under C-lb. Therefore I have made no amendment to the filing and offer this information for your file. A()hneilty, ery truly yours, Esquire JRK/kab Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Peabody&Salem Tam A. General Information Important: When filling out 1. Applicant forms on the Peabody Glass and Mirror Co computer,use Name E-Mail Address only the tab key to move 29 Howley Street your cursor- Mailing Address do not use the Peabody MA 01960 return key. Cityrrown State Zip Code 978 531-3522 Phone Number Fax Number(if applicable) 2. Representative(f any): Firm Attomey John R. Keilty Note: Contact Name E-Mail Address Before 40 Lowell Street Completing this Mailing Address form consult Peabody MA 01960 your local Conservation Cityrrown State Zip Code Commissioni 98 531-7900 - regarding any Phone Number Fax Number(if applicable) municipal bylaw or ordinance. 3. Property Owner('If different from applicant): A&A Howley Street Trust Name 29 Howley Street Mailing Address Peabody MA 01960 Cityrrown State Zip Code 4. Total Fee: $525.00 (from Appends B:Weiland Fee Transmittal Forth) 5. Project Location: 29 Howley Street Peabody& Salem, MA Street Address Cityrrown Map 16 Lot 241 (Salem) Map86 Lot135(Peabody) Assessors Map/Plat Number Parcel/Lei Number - 6. Registry of Deeds: Essex South District 8376 508 County Book _ Page Certificate(if Registered land) wpd=ld=•rev.12JISM Page 1 d a - 1 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Peabody Salem Town A. General Information (cont.) 7. Summary of Project Impacts: a. Is any work being proposed in the Buffer Zone? ❑ Yes If yes, how many square feet? Square Feet ® No r : b. List the impacts of proposed activities on each wetland resource areas(temporary and permanent impacts, prior to restoration and mitigation): Resource Area Size of Impact(e.g.,sq.ft) Riverfront 2000 SF (Permanent) 3300 SF (Temporary) B. Project Description 1. General Project Description: Construction of addition to existing commercial building as depicted on accompanying Plan. 2. Plan and/or Map References: Site Development Permit Plan 11-21-01 Title Date TNe Date v paf=Mdx•rev.12MSM Pape 2 d B Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 1 WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Peabody Salem own C. Activities Subject to Regulation 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone: Inland Resource Areas Coastal Resource Areas ❑ Inland Bank ❑ Coastal Beach ❑ Barrier Beach ❑ Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune ❑ Salt Marsh ❑ Coastal Bank b. Complete for all pkroposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to Flooding: Square Feet altered Volume of Flood Storage Lost(cubic feet) Square Feet replaced Volume of Flood Storage Compensation(cubic feet) Land Under Water Bodies: Isolated Land Subject to Flooding: Square Feet altered Volume of Flood Storage Lost(cubic feet) Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet) Bank: 8 Linear Feet altered Coastal Resource Areas: Coastal Dune: Land Under Salt Pond: Square Feet altered Square Feet altered Cubic Yards/Volume removed Cubic Yards dredged Salt Marsh: Rocky Intertidal Zone: Square Feet altered Square Feet altered Coastal Bank Designated Port Area: Linear Feet altered Square Feet altered .p9f=&d=•m.121+5100 Page 3 a e 1 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection-Wetlands ' WPA Form 3 - Notice of intent Provided by DEP Peabody&Salem Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: Linear Feet altered Square Feet altered Land Subject to Coastal Storm Flowage: Beach: Square Feet altered Square Feet altered Land Under Ocean: Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway(if available): rth River b. Width of Riverfront Area (check one): ❑ 25 ft. -Designated Densely Developed Areas only ❑ 100 ft.-New agricultural projects only ® 200 ft. -All other projects Y c. Describe how the Mean Annual High-Water Line was determined: Observed mean annual high water line (vegetation) - d. Distance of proposed activity closest to the Mean Annual High-Water line: 140 Feet e. Total area of Riverfrcnt Area on the site of the proposed project 26,200 Square Feet f. Proposed alteration of the Riverfront Area: 2000 0 2000 Total Square Feet Square Feet within 100 ft Square Feet between 100 ft and 200 ft p,ge 4 d e .p�amamc•�.�visao y i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Foam 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Py Salem C. Activities Subject to Regulation (cont.) 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW)boundary: ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached) ❑ DEP BVW Feld Data Form (attached) ❑ Final Determination of Applicability issued by Conservation Commission (attached) ❑ Other Methods for Determining the BVW boundary (attach documentation): ❑ 50%or more wetland indicator plants ❑ Saturated/inundated conditions exist ❑ Groundwater indicators ❑ Direct observation ❑ Hydric soil indicators ❑ Credible evidence of conditions prior to disturbance. 3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? ❑ Yes If yes, include proof of mailing or hand delivery of NO[to : Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Routd 135, North Drive Westborough, MA 01581 ® No 2000-2001 atlas Date of Map b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? ❑ Yes If yes, provide name of ACEC(see Appendix D for ACEC locations): ACEC ® No c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? ❑ Yes ® No �am3.6x•tev./TIt5i00 Page 5 d 8 r Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands ` WPA Form 3 — Notice of intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Peabody&Salem D. Performance Standards 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? ❑ Yes If yes, describe which limited project applies to this project Limited Project ® No 2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the wetlands regulations, 310 CMR 10.00. ❑ Yes If yes, describe which exemption applies to this project: Exemption ® No 3 a. Is the project located in the Riverfront Area? ® Yes If yes, indicate the proposed project purpose: ❑ Single Family House ❑ Industrial Development ❑ Residential Subdivision ® Commercial Development ❑Transportation ❑ Other(describe) b. Was the lot where the activity is proposed created.prior to August 1, 1996? ® Yes ❑ No 4. a. Describe how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location.Attach narrative and supporting documentation. b. Is this project exempt from the DEP Stormwater Policy? ® Yes If yes, explain why the project is exempt: No new impervious surface or point source discharge. ❑ No If no, stormwater management measures are required.Applicants are encouraged to complete Appendix C: Stormwater Management Forth and submit it with this form. .pXamdAx•m.17/1500 papa 6 N 6 r^ Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands ' WPA Form 3 — Notice of Intent Provided byDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Tawn P abody Salem E. Additional Information Applicants must include the following with this Notice of Intent(NOI): • USGS or other map of the area(along with a narrative description, if necessary), containing sufficient information for the Conservation Commission and the Department to locate the site. • Plans identifying the location of proposed activities(including activities proposed to serve as a Bordering Vegetated Wetland (BVW)replication area or other mitigating measure) relative to the boundaries of each affected resource area. • Other material identifying and explaining the determination of resource area boundaries shown on plans(e.g., a DEP BVW Field Data Form). • List the titles and final revision dates for all plans and othef materials submitted with this NOI. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and Appendix B.Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government, the Department, or cities and towns of the Commonwealth. App*ftants must submit the following information(in addition to pages 1 and 2 of Appendix B) to confirm fee payment: �'1'75LN Ch-1Number Check date oho k< r Prnat AV C16-s-, eMirrn��'m Payor name on check Applicant name'('rf different from payor) 4,4 G. Signatures and Submittal Requirements I hereby certify under the 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. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the vetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail (retu eceip requested)to all Cutters vrithin 100 feet of the property line of the project location. Date " Signature of Property owner(if different) Date S' ah a(' y) D wp• 3. IamAx•rev.1111 Page 7 c(9 S Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection-Wetlands WPA Form 3 - Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Peabody Salem G. Signatures and Submittal Requirements (cont.) For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies of pages 1 and 2 of Appendix B; and the cityltown fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP Regional Office(see Appendix A) by certified mail or hand delivery. • r" Other: If the applicant has checked the'yes' box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. pages of a wpd=3.d0c.rev.12 SM r� Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix B —Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important A. Applicant Information When filling out forms on the 1. Applicant computer'use only the tab Peabody Glass and Mirror Company key to move Name your cursor- 29 Howley Street do not use the Mailing Address return key. Peaky MA 01960 Cityfrown State Zip Cade a8 978 531-3522 Phone Number ;; 2. Property Owner(if different): A&A Howley Street Trust Name 29 Howley Street Mailing Address Peabody MA -:01960 Cityrrown State . Zip Code 978 531-3522 Phone Number 3. Prpject Location: 29 Howley Street Peabody Street Address City?own B. Fees To calculate filing fees,refer Abbreviated Notice of Resource Area Delineation (Form 4A): to the category. e1 fee list and The fee is calculated as follows(check applicable project type): examples in Section D of this form. ❑ single family house project X$1.00-- (feet 1.00=(feet of BVW) Total fee(not to exceed§100) ❑ all other projects X$1.00= (feet of BVW) Total fee(not to exceed$1;000) State share of filling fee: (12 of total fee less$12.50) Cityrrown share of filling fee: (12 of total fee plus$12.50) wpalomId=-Appsdx9•m.IM7101 Page 1 de 7 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Appendix B —Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (cont.) Abbreviated Notice of Intent(Form 4)or Notice of Intent(Form 3): The fee should be calculated using the following six-step process and worksheet: Step 1/Type of Activity: Describe each,type of activity(see Section D for a list of activities)that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/1ndividual Activity Fee: Identify each activity fee from thg six project categories in Section D. Step 4/Subtotal Activity Fee: Multiply the number of activities(identified in Step 2)times the fee per category(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step Sfrotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments:To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add$12.50. Step 11Type of Activity Step 2/Number Step 3/1ndividual Step 4/Subtotal 9 of Activities Activity Fee Activity Fee Category 3b 1 525 525 Addition E Step 5ITotal Project Fee:525 Step 6/Fee Payments: Total Project Fee:525 (rotas fee from Step 5) State share of filing fee:250 (12 total fee less$12.50) City/Town share of filling fee:275 (12 Ktal fee plus$12.50) - Npd=ld=•Appal a M.11QIN7 Page 2 d 6 S Project Narrative 29 Howley Street Peabody, NLA 01960 The project consists of the construction of a 1984 square foot addition on the north side of the existing commercial building. The site is located entirely within the riverfront area associated with the North River and is completely covered by impervious surfaces. The proposed site development characteristics relate to the following exceptions for work in the No-Disturb Zone under the Peabody Wetlands and River Protection Regulations; Section 32-33: I. The buffer zone is completely altered on site; J. The lot is located entirely within the buffer area. The proposed addition is to be located as far away from the river boundary as possible. s, s at U -C _,Bnal is A6, -1 -0' A t. I C!T V"l; 0 \1 12�� Me Chel V t. ' `-....� � s 'F. � V� ...�� )Li.�,�� '� � �. '•• �Aa':{?I une ; + • �. \ 1 Pti %'`� �° a/ � /•. Mid ata t ��Il Cdbtie OROiIkS Pt '-'BEVE� k-Y El !xkontt` T 'y Net R B 0R T Ifkn ' SYt,WE r - M iWXrI'I-j roBllh lot 0 Cew .% [mg, SI, 'Pbtby harf L ond I CI LohgPt Im St uu ZL It L - eabo, y For MR, ckeri66 Pa As t kl. ',bt A� nEL h! --k) Co 1707r, •;i Massachusetts Department of Environmental Protection DEP File Number: Uf Bureau of Resource Protection - Wetlands 55-564 WPA Form 5 - Order of Conditions � — Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c 131,,.§40 c . � A. General Information SAI EM Important: Pt A NN N(G C)EPE. When filling From: out forms on Peabody the computer, Conservation Commission use only the tab key to This issuance if for(check one): move your cursor-do ® Order of Conditions not use the return key. ❑ Amended Order of Conditions To: Applicant: Property Owner(if different from applicant): Peabody Glass and Mirror Company A& H Howley Street Trust Name Name 29 Howley St. 29 Howley St. Mailing Address Mailing Address Peabody MA 01960 Peabody Ma 01960 CityfTown State Zip Code City/Town State Zip Code 1. Project Location: 29 Howley St. Peabody Street Address City/Town Map 161 Lot 241 (Salem) Map 86 Lot 135 (Peabody) Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: Essex 8376 508 County Book Page Certificate(if registered land) 3. Dates: 1/8/02 02/06/02 93f0�/621' L, Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Site Development Permit Plan located in Peabody, Ma 11/21/01 Title Date 5. Final Plans and Documents Signed and Stamped by: Christopher R. Mello, RLS Name 6. Total Fee: $525.00 (from Appendix B:Welland Fee Transmittal Form) WPA Form 5 Page 1 o17 Rev.02100 Massachusetts Department of Environmental ProtectionDEP File Number: Uf Bureau of Resource Protection -Wetlands 55-564 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings Findings pursuant to the Massachusetts Wetlands Protection Act: Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing,this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply: ❑ Public Water Supply ❑ Land Containing Shellfish ® Prevention of Pollution ❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat ❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control Furthermore,this Commission hereby finds the project, as proposed, is: (check one of the following boxes) Approved subject to: ® the following conditions which are necessary, in accordance with the performance standards set forth in the wetlands regulations, to protect those interests checked above. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent,these conditions shall control. Denied because: ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations to protect those interests checked above. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued.A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). General Conditions (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The 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, bylaws, or regulations. WPA Form 5 Page 2 of Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 55-564 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 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. If this Order is intended to be valid for more than three years, the extension date and the special circumstances warranting the extended time period are set forth as a special condition 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.Any fill shall contain no trash, refuse, rubbish, or debris, 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. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then 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 the 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 done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MA DEP"j "File Number 55-564 " 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. WPA Form 5 Page 3 of 7 Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: ` ym� Bureau of Resource Protection - Wetlands 55-564 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission, which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. Special Conditions (use additional paper, if necessary): See Attached Conditions Findings as to municipal bylaw or ordinance Furthermore, the Peabody hereby finds (check one that applies): Conservation Commission ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: Wetlands & Rivers Protection Ordinance Peabody Name Municipal Ordinance or Bylaw Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw, specifically: Wetlands & Rivers Protection Ordinance Peabody Name Municipal Ordinance or Bylaw The Commission orders that all work shall be performed in accordance with the said additional conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. WPA Form 5 Page 4 of 7 Rev.02100 PEABODY CONSERVATION COMMISSION DEP FILE #55-564 PROJECT: PEABODY GLASS AND MIRROR COMPANY ADDRESS: 29 HOWLEY STREET -MAP 86,PARCEL 135—PEABODY, AND MAP 16, LOT 241 - SALEMI APPLICANT: PEABODY AND GLASS AND MIRROR COMPANY ,3 GENERAL CONDITIONS (DEP): 1-17. (As provided on WPA Form 5—Order of Conditions.) STANDARD CONDITIONS(BOILERPLATE 18. This Order of Conditions also constitutes a special Order of Conditions pursuant to the Wetlands and Rivers Protection Regulations, Chapter 32 of the Code of the City of Peabody. Appeal to the Massachusetts Department of Environmental Protection (DEP), pursuant to the State Wetlands Protection Act (G.L. Chapter 131, Section 40) shall not operate to terminate or affect any of the provisions of said special Order of Conditions pursuant to the Wetlands and Rivers Protection Regulations, Chapter 32 of the Code of the City of Peabody. 19. A copy of this Order shall be present on the site at all times until the completion of all work and receipt of a Final Certification of Compliance by the Commission. 20. A copy of this Order of Conditions shall be included in all construction contracting and subcontracting documents dealing with the work proposed and shall supercede other contract requirements. 21. When the applicant applies to the Building Inspectors office for a building and/or foundation permit (or for any construction permit), within the buffer zone, the applicant must submit a copy of this Order of Conditions and accompanying plans to said Building Inspector. Said Order of Conditions must be recorded at the Registry of Deeds and evidence of recording must be submitted to the Building Inspector and the Conservation Commission. 22. Prior to requesting an Occupancy Permit from the Building Inspector, the applicant shall obtain a Partial or Final Certificate of Compliance from this Order. 23. Upon completion of the work described in a Final Order of Conditions, the applicant shall request in writing the issuance of a Certificate of Compliance stating that the work has been satisfactorily completed. In order to receive a Partial or Final Certificate of Compliance upon completion of the project, the applicant must send to the Commission fourteen (14) copies of WPA Form 8A — Request for Determination of Applicability. If the project has been completed in accordance with plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor, fourteen (14) copies of a written statement by such a professional person certifying substantial compliance with the plans and setting forth what deviation, if any, exists from the plans approved in the order shall accompany the Request for Certificate of Compliance. In all other cases, the applicant shall provide the Commission with a signed letter stating that the work has been completed in accordance with the approved Order of Conditions. The Commission shall verify the substantial completion of the work by a site inspection, prior to issuance of a Certificate of Compliance. The applicant shall include fourteen (14) copies of a locus map of the area and recorded Order of Conditions,including the appropriate Book and Page reference. 24. Prior to construction commencement, the applicant shall: • Provide a copy of the recorded Order of Conditions to the Commission. • Notify the Conservation Commission in writing 48 hours prior to construction start-up that staked haybales and silt fences are in place and ready for inspection. (The staked hay-bales shall be placed prior to any construction on-site. Said haybales shall be maintained and replaced as needed until a Certificate of Compliance is issued.) • Erosion control measures and barriers shall be kept in good repair,monitored daily and maintained or reinforced as necessary to ensure and prevent erosion and siltation of wetland resource areas until a Final Certificate of Compliance is issued. 25. During construction,the Commission may require additional erosion and sediment controls to be installed in areas not currently noted on the plan to contain soil on-site and to prevent erosion and siltation of wetland resource areas. 26. All debris, fill and excavated material shall be stockpiled as far away from resource areas and buffer zones as reasonably possible and surrounded by staked haybales to prevent sediment from surface runoff entering the wetlands. At no time shall any debris or other material be buried or disposed of within that line marked on plan as a Resource Area or No Disturb Zone. 27. After proper grading,all disturbed areas located within a buffer zone, except those areas designated as compensatory wetlands,shall be loamed and seeded with not less than four(4) inches of good quality loam. The applicant shall: 28. Install all required erosion and sedimentation control (ESC) measures\devices; 29. Notify Commission that all ESC measures are in place and receive approval of said ESC measures from Commission Agent, said notification shall be in writing and occur at least 48 hours prior to anticipated commencement of project construction; 30. Clearly mark on the field the delineation of vegetated wetlands on the site by stakes placed at 25 feet intervals. 31. The applicant shall affix the Order of Conditions to the DEP sign in a plastic envelope for review of same as needed. For Commercial projects the Order shall be available in the construction site trailer. 32. Any siltation caused onto any wetland,waterway,or No Disturb Zone shall be reported promptly to the Commission and such areas shall be restored to the satisfaction of the Commission. 33. Temporary seeding,mulching or other suitable stabilization measures shall be used to protect exposed areas during prolonged construction or other disturbance. 34. All final earth grading shall be permanently stabilized by the application of loam and seed or sod. 35. After installation of new catch basins on site, the basins shall be enveloped with silt barriers until all tributary areas have been stabilized with permanent cover. 36. Absorption batten pillows shall be used in all traps and catch basins. 37. Fertilizers used for landscaping and lawn care shall be of low-nitrogen content and used in moderation. Pesticides and herbicides shall not be used for landscaping and lawn care within Buffer Zones,Resource Areas,or No Disturb Zones. 38. Temporary seeding,mulching,or other suitable stabilization measures shall be used to protect exposed areas during prolonged construction or other disturbances. 39. All re-vegetation of Resource Areas shall be performed according to approved and attached plans cited in this order. The proposed replacement area shall meet or exceed the General Performance Standards outlined in the Wetlands Protection Act (WPA) Regulations, 310 CMR,Section 10.55 (4) (b)-7. Should the replacement area fail to meet any of these standards the Commission reserves the right to require measures necessary to achieve compliance. 40. No work shall proceed until the applicant has received all other permits required by law,including, but not limited to any permit required by the Planning Board, Zoning Board of Appeals,Board of Health,Department of Environmental Protection or the Army Corp of Engineers. 41. Wetland flagging shall remain in place until the project has been completed and the Certificate of Compliance has been issued. 42. Signs shall be posted at the limit of work, to read as follows: "Absolutely no work beyond this point." Such signs shall be placed in an amount satisfactory to the Commission or its agent,with at a minimum, one such sign every six feet along the limit of work. Said signs shall be of such quality to last the duration of the project until a Certificate of Compliance is issued. 43. After completion of the work, the applicant shall permanently mark the edge of the wetland to ensure no further encroachment into the wetland and further the applicant shall instruct all agents to explain these markers to buyers, landscapers, tenants and all persons taking over the property from the applicant. 44. Any debris of"dumped"material placed in the resource areas shall be removed by the applicant. 45. There shall be no increase in the volume or rate of runoff, and no siltation of downstream areas as a result of the work herein permitted. 46. The Commission reserves the right to impose additional conditions on portions of this project or this site, to mitigate any actual or potential impacts resulting from the work herein permitted. 47. No earthen embankment in the Buffer Zone shall have a slope steeper than 2:1. 48. In the event a swimming pool is placed on this lot, the following condition shall apply: The content of water in swimming pools can be detrimental to wetlands plant and animal species. To remove harmful chemicals it is the applicant's responsibility to leave the pool water standing without the addition of chlorine for a minimum of three (3) days before draining. In this way chlorine concentration will be significantly reduced due to volatilization. All pool water, wherever possible, shall be drained through a dry well, rather than allowed to spread over the surface of the land. The City of Peabody Conservation Commission Office shall be notified prior to draining and shall approve the method of draining. 49. Work and maintenance shall be done in accordance with the following plans and reports: • Site Development Permit Plan Located in Peabody,MA prepared by Eastern Land Survey Associates,Inc., 11/21/01 50. Snow removal should be directed away from the river with no snow piles along the edge of the river. 51. There shall be no parking north of the property along Harmony Grove Rd. along the side of the building. All parking shall be kept out of the flood plain area. 52. Applicant is recommended to coordinate work along the Riverwalk with the appropriate City departments. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 55-564 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Appendix E: Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, §40)and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. D. Recording Information This Order of Conditions must be 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 subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions.The recording information on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below. Peabody Conservation Commission WPA Form 5 Page 6 of 7 Rev.02!00 Massachusetts Department of Environmental Protection DEP File Number: vz ` 15 Bureau of Resource Protection - Wetlands 55-564 WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Recording Information (cont.) Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Peabody Conservation Commission Please be advised that the Order of Conditions for the Project at: 29 Howley Street 55-564 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County Book Page for: Peabody Glass and Mirror Company Property Owner and has been noted in the chain of title of the affected property in: Book Page In accordance with the Order of Conditions issued on: Sr-3=C.<L.. Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature of Applicant WPA Form 5 Page]of Rev.02100 Massachusetts Department of Environmental Protection DEP File Number: 3; Bureau of Resource Protection - Wetlands 55-564 3r > WPA Form 5 - Order of Conditions Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Additional conditions relating to municipal ordinance or bylaw: This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions##4,from the date of issuance. (In receipt of DEP form letter) Date This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by certified mail (return receipt requested)or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office (see Appendix A) and the property owner (if different from applicant). Signature � r ('641 11 J ,, - J � On 6th / Of March 2002 Day - Month and Year before me personally appeared above-named signatories 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. Marilyn J. Limongiello February 23, 2007 Notary Public My Commission Expires This Order is issued to the applicant as follows: ® by hand delivery on ❑ by certified mail, return receipt requested,on Mare-H 7, 29&2- Date Dale WPA Form 5 Page 5 of 7 Rev.02100 COMMONWEALTH OF MASSACHUSETTS_ y., x EXECUTIVE OFFICE OF ENVIROIVIVIEIVTAL�AFFAIRS DEPARTMENT OF ENVIRONMENTALlPROTECTION Metropolitan Boston—Northeast Regional Office SALE vi JANE SWIFT Governor BOB DURAND Secretary LAUREN A.LISS Commissioner DEP File# 064-0338 RE: :`.vTlFillll Vl1G WETLANDS FROTFUCTION ACT FILE lvJtYiBER JC,L11�1 DATE: 8./2%2002 1:38 PM (city/town) The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act(M.G.L. c. 131, §40): r Applicant: PEABODY GLASS & MIRROR Owner: A&A Howley Street Trust Address: 29 HOWLEY ST Address: 29 Howley St PEABODY MA,01960- . Peabody,MA_01960 LOCUS: 29 HOWLEY ST IF CHECKED,THE FOLLOWING ITEM(S)"APPLY TO THIS NOTICE OF INTENT: A. "This p.oject has been assigned the following file# : 064-0338 Although a file# is being issued,please note the.following: ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUEMITTAL,NOT APPROVAL OF APPLICATION B.( )No file#will be assigned to this project until the following missing information is sent to this office, to meet the minimum submittal requirements in accordance with the Wetlands Protection Regulations at 310 CMR 10.00: 1. ( )copy(s)of a completed Notice of Intent(Form 3 or Form 4 of Sect. 10.99,whichever is applicable) and a p9M of the Fee Transmittal Form,with a copy of the check for the State's share of the Notice of Intent filing fee. 2. ( )_copy(s)of plans,calculations, and other documentation necessary to completely describe the proposed work and mitigation measures to protect resource areas. 3. ( )_copy(s)of an 8.5"X 1 I" section of the USGS map of the area. 4. ( ) LoM(s)of plans showing compliance with Title 5 of the State Environmental Code,310 CMR 15.00. 5. ( )Proof that a copy of your Notice of Intent has been mailed or hand delivered to the Natural Heritage and Endangered Species Program. COMMENTS (see page 2 for additional information) This information is available in alternate format by calling our ADA Coordinator at(617)574-6972. 205A Lowell St. Wilmington,MA 01887 . Phone(978)661-7600 . Fax(978)661-7615 . TTD#(978)661-7679 100 Printed on Recycled Paper C.-( _)Other Regulatory Jurisdiction 1. ( ) Application has been forwarded to Waterways Regulatory Program to determine if a Chapter 91 License is required. 2. (- ) Applicant is advised to forward a copy of the Notice of Intent to the Corps of Engineers for review(call 1-800-362-4367 for information). D. ( )401 Water Quality Certification The project described in your Notice of Intent requires a 401 Water Quality Certification from the Department of Environmental Protection and may require submittal of a 401 application form. See below for further details: 1. ( )Based upon the information submitted in and with your Notice of Intent a separate 401 Water Quality Certification application form is not required. The Department has reviewed the plans submitted by the applicant and finds that there is reasonable assurance that the projector actiSiiy v4ill ue conducted in a manner that will not violate the Massachusetts Surface Water Quality Standards, provided that: a) the applicant receives and complies with a Final Order of Conditions from the local conservation commission or the Department; b) The Order of Conditions does not cause the loss of more than 5,000sq.ft. of bordering y vegetated wetlands and land under water and/or the dredging of more than 100 cubic yards of land under water; c). any loss of vegetated wetlands has been mitigated with a minimum replication of 1:1; and is not part of a subdivision;does not cause the loss of any Wetlands designated as d) The project is not exempt from the M.G.L. c. 131, §40-the Wetlands Protection Act; Outstanding Resource Waters; and does not cause the loss of any salt marsh. Therefore,provided that the above conditions are satisfied, the Final Order of Conditions will serve as the Water Quality Certification for this project. This does not relieve the applicant of the duty to comply with any other statutes or regulations. 2. ( )Before the activity described in the Notice of Intent can commence,you must obtain a Water Quality Certification form from this Regional Office. Please complete the enclosed 401 Water Quality Certification application form and file it with this Regional Office for review. 3. ( )Your project involves dredging of greater than 100 cubic yards of material or requires a permit from the Federal Energy Regulatory Commission for work i,t`v aters of th•! Commonwealth." Therefore,your proposed project is subject to 314 CMR 9.00 and requires a Water Quality Certification. Please complete the enclosed 401 Water Quality Certification application form and file it with the Department of Environmental Protection,Waterways Program,and One Winter Street,Boston,MA 02108. Contact the Division of Waterways program at 617-292-5655 if you have and questions. For more information please contact: Mr. WAYNE LOZZI at 978-661-7600. Cc: X Conservation Commission ( ) U.S. Army Corps of Engineers ( ) Owner: ( ) Coastal Zone Management ( ) DEP-Water Pollution Control ( ) Representative: ( ) Other: Atty,John Keilty 40 Lowell st Peabody Ma 01960 ZONING EVALUAT70N m PEABODY SALEM � GENERAL NOTES a - ZONING DISTRICT- IL, LIGHT INDUSTRIAL ZONING DISTRICT.- RESIDENCE 1 \, aP focus ITEM REQUIRED PROVIDED ITEM REQUIRED PROVIDED 1) THIS PLAN IS THE RESULT OF AN ON THE GROUND FIELD 200± SF, LOT AREA 15 000 SF. 26 200± SF. SURVEY AND PUBLIC AND PRIVATE PLANS. y.. NowLEy Sf. eti LOT AREA NONE 26, , LOT FRONTAGE NONE 175± FT. LOT FRONTAGE 100 FT. 175± FT. 2) UTILITIES SHOWN ARE BASED UPON FIELD SURVEY AND FRONT YARD 50 FT. 11± FT. # FRONT YARD 15 FT. 6f FT. # RECORD PLANS AND ARE NOT NECESSARILY INDICATIVE OF " r ? SIDE YARD 40 FT. 6± FT. # SIDE YARD 10 FT N/A 3 o c r UNDERGROUND CONDITIONS. t l REAR YARD 30 FT 68± FT. REAR YARD 30 FT 50± FT. Atlsgff LOT COVERAGE 35 9 31± 9 BUILDING HEIGHT 35 FT. 22± FT BUILDING HEIGHT 40 FT. 22± FT. 3) THE CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING AND DETERMINING THE LOCATION, SIZE AND ELEVATION OF ALL EXISTING UTILITIES, SHOWN OR NOT SHOWN ON THESE PLANS, rl S # DENOTES VARIANCE REQUESTED PRIOR TO ANY CONSTRUCTION. THE ENGINEER SHALL BE NOTIFIED IN WRITING OF ANY U77LI77ES FOUND INTERFERING WITH THE PROPOSED CONSTRUCT70N AND APPROPRIATE REMEDIAL ACTION BEFORE PROCEEDING WITH THE WORK. 4) THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS AND 77-IE RESULTS OF A FIELD SURVEY AS OF THIS DATE. I NO CERTIFICATION IS INTENDED AS TO PROPERTY TITLE w I OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED s EASEMENTS. SOUTH ESSEX SEWERAGE DISTRICT >- - I NOTES: O 165.00' I 1. ZONING DISTRICT IL LIGHT INDUSTRIAL 2. ASSESSORS MAP 86 PARCEL 135 , PEABODY J. RECORD OWNER: A & A HOWLEY STREET TRUST SALEM z 4. DEED REFERENCE.- BOOK 8376 PAGE 508 m 5. ASSESSORS MAP 16 PARCEL 241 , SALEM I , c TOTAL LOT AREA Q q 26,200± SF. j v PEABODY W l4 H \ J p k m o I +cr LL I _ W} n is >Q IDROPOS EXISTING 1 STORY `SAL �Z ADDITI I CONCRETE BLOCK -0 u- N COMMERCIAL BUILDING n ,I 1 QTY C ° o o a f Lp 120' � - _ PATI pN �� I 100 FEET �2 Y ' II (9• t 175.50' W �oQ fro � HO WLE Y STREET SITE DEVELOPMENT PERMIT PLAN j LOCATED IN LEGEND Z -� PEABODY , MASS . PREPARED BY p TMH EXISTING TELEPHONE MANHOLE Qj o SMH EXISTING SEWER MANHOLE EASTERN LAND SURVEY ASSOCIATES, INC. o DMH EXISTING DRAIN MANHOLE ® EXISTING CATCH BASIN CHRISTOPHER R. MELLO, PLS wa EXISTING HYDRANT EXISTING WATER GATE 104 LOWELL ST. PEABODY, MA. 01960 — 100 — EXISTING CONTOUR t"qs 100.00 EXISTING SPOT GRADE CHRISTOPHER (978) 531 -8121 o� N SCALE: 1 = 20 NOVEMBER 21 , 2001 ¢ UTILITY POLE nreR. �I LIGHT ON POST No.3131.7 O % PREPARED FOR ❑ HH HANDHOLE EFE� 000000000 STONE RETAINING WALL/ALL PEABODY GLASS CURB PHOTO REPRODUCTION OF THE ABOVE SEAL IS INDICATIVE OF UNAUTHORI2ED REPRODUCTION —x — x — FENCE OF THIS PLAN AND IS TO BE CONSIDERED A _ COPYRIGHT INFRINGEMENT AND/OR FRAUD. ENFORCEMENT AUTHORITY SHALL NOT ACCEPT 10 21, 40 60 85 PHOTO REPRODUCTION FOR ANY PURPOSE. F 12383