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64-344 - 20 PARKE STREET - CONSERVATION COMMISSION a0 ar 8e. a �_ lxrsz /✓r�'ainw� walk) �� -_ -- _ .— _ M 0 CITY OF SALEM CONSERVATION COIVIMISSION August 20,2009 Joanne and Lino Melo 20 Parlee Street Salem,MA 01970 Re: Request for a Certificate of Compliance—DEP#64-349—20 Parlee Street, Salem,Massachusetts Dear Mr. and Mrs.Melo: Per your Request for a Certificate of Compliance I visited your property on August 12,2009 to inspect and confirm that a single family home and retairung wall was constructed as approved in the Order of Conditions issued on May 22, 2003. Based on my site visit,I saw that the single family home and retaining wall were in the approved location and the vegetation located in the 100 foot buffer zone to the west of the wall had not been disturbed as noted on the approved site plan dated April 7,2003. However, one change was that the retaining wall was higher than noted on the approved plan and the yard behind the house between the home and the retaining wall appeared to be slightly re-graded. The Commission does have a letter on file dated March 8, 2006 requesting an extension of the Order of Conditions DEP#64-349 "to finish.our back yard" for various reasons. This extension was granted by the Commission on March 23,2006. I presented these findings to the Conservation Commission during their meeting on August 13, 2009. In order to issue a Certificate of Compliance and understand the extent of work completed from when the original Order of Conditions was issued on May 22, 2003 to today,the Commission is requesting As Built Plans of your property. The Commission also requested a copy of your deed that shows the conservation restriction required per Special Condition 47 in the Order of Conditions. I received a copy of your deed on August 19, 2009 from Joanne via email. In order to receive a full Certificate of Compliance for your property please submit As Built Plans to the Conservation Commission. Upon receiving the As Built Plans I will resubmit your Request for a Certificate of Compliance to the Commission. If you have any questions please feel free to call me at (978) 619-5685. Sinc reyDuque , Planner/Corse tion Agent Massachusetts Department of Environmental Protection DEP Fite Number: Bureau of Resource Protection - Wetlands WPA Form 8A — Request for Certificate of Compliance (09-3`L� Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided byDEP A. Project Information Important: When filling out 1 This request is being made by: forms on the ���� ` computer, use Name only the tab Z Q �l qdx key to move j/ rr your.cursor- Mailing Adss do not use the T lq:J'aaA M 4- r 07 return key. CitylTown State Zip Code Cn r2- r� Phone Number This request is in reference to work regulated by a final Order of Conditions issued to: Applicant Dated - DEP File Number Upon completion of the work 3. The project site is located at: authorized in 2 d f I-e e an Order of StreetAtldre Conditions,the City/Town property owner must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance g �' from the issuing authority stating Property Owner(if different) that the work or portion of the work has been County Book Page satisfactorily Completed. Certificate(if registered land) - 5. This request is for certification that(check one): (� the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. vvpafon8a.d=-rev.7113/04 JUL 3 ? �uuu Paget of2 a[PT. OF c LA .1,MG & Gfl:�91�4UPJi"(UE'V='I.OF?dE'r3T Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. l WPA Form 8A — Request for Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ❑ Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions(OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office(see hftp:/ANww.mass.gov/dep/abouttregion/flindvour.htm). wpafo Sadw••rev.7113814 Pap 2 0 2 ♦ 1 DO U) my kA 43 51 m m3 QUITCLAIM DEED VINCENT DIBIASE, INC., a Massachusetts Business Corporation, of 10 Lookout Terrace, Lynnfield, Massachusetts 01940, for consideration paid, and in full consideration of THREE HUNDRED NINETY EIGHT THOUSAND NINE HUNDRED and NO1100 ($398,900.00) DOLLARS, grant to LINO MELO and JOANNE MELO, husband and wife as tenants by the entirety, of 20 Parlee Street, Salem, Essex County, Massachusetts 01970, WITH QUITCLAIM COVENANTS, I The land with all buildings thereon at 20 Parlee Street, Salem, Essex County, Massachusetts, being bounded and described as follows: SOUTHEASTERLY by Middle Street (a/k/a Parlee Street), 50.00 feet; SOUTHWESTERLY by Lot 97C, as shown on the plan hereinafter mentioned, 209.79 feet; WESTERLY by land now or formerly of Bartlett and Steadman Development Corporation, 65.17 feet; NORTHEASTERLY by Lot 97A, as shown on the plan hereinafter mentioned, 251.60 feet. All of said boundaries are determined by the Court to be located as shown upon plan numbered 856-L, drawn by Thomas A. Appleton, Civil Engineer, dated November 1926, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title#6481 in said Registry, and the above described land is shown as Lot N9713, on sheet 1 of said plan. Said premises are conveyed with the right to use Middle Street, a/k/a Parlee Street, for all purposes for which public ways are used in the City of Salem. $aid-premises-are conveyed-subject_to-a restriction to.mn with_the-land-that_theie-be=no=cutting ,in-the no-disturbance-zone�onthe premises,_beginning..at-tot) of ythe-slope�at the wall on said s premises and running to-the rear�ofthe_properry_line.for_the width_the_lot. Said premises are conveyed subject to a perpetual drainage easement in gross over the following described portion of Lot 97B, for the installation,Iuse, maintenance, repair, replacement and 4321 I Ib �llnl(768llAAIIIIIBItoh:167911 SDorn Essex Distrlot Registry 1/00/2004 M16 PM GEED F tion of a drainage system as shown on a plan entitled "Easement Plan Parlee Street, Salem, ., prepared for Ledgewood Hills Realty Trust", dated September 8, 2003, by Parsons and Inc., 60 Lewis Street, Lynn, Mass., which portion of Lot 97B is designated "Drainage ment" and is more particularly bounded and described as follows: Beginning at a point on the westerly sideline of Parlee Street (a/k/a Middle Street) at the northeasterly corner of Lot 97B, bounded and described as follows: NORTHEASTERLY by Lot 98A, 90.00 feet; NORTHWESTERLY by Lot 97B, 7.5 feet; SOUTHWESTERLY again by Lot 97B on a line parallel to and 7.5 feet distant from the common boundary line of Lots 97A and 97B, 90.00 feet; SOUTHEASTERLY by the sideline of Parlee Street, 7.5 feet. Being the same premises conveyed to the within grantor by deed of Kathleen T. Thomas, Trustee of Greenwood Residential Realty Trust, which deed is recorded herewith. See Clerk's Certificate filed herewith. EXECUTED as a sealed instrument thi day of,. UA/4J 2004. VINCE LASE, INC. Witness IM?ASSACHUSETTS SE, PRESIDENT COMMONWALTH O ss. On this&day2004, before me, the undersigned notary public, personally appeared PAUL DiB�IDENT as aforesaid, proved to me through satisfactory evidence of identification, which was a driver's license, to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he signed it voluntarily for its stated purpose. '---- �---Notary Public My Commission Expires: 121(1� 09 2 433151 (Page 2 of 3) Southern Ego" District Registry 1/30/2004 03:10 PM DEED VO` 1 `V-+ C. J s c �F.. C: J E'Gx'D s of t 31��9LaLPY 433ther� •43 0 VE f: 513012004 03' l � Af1 �uiao�r`gq M1q; 'sCITY OF SALEM = l y CONSERVATION COMMISSION S1ITE VISIT FORM PROJECT LOCATION: � \� - DATE OF SITE VISIT• — PROJECT PROPONENT: DEP FILE NUMBER: Gq- 349 PROPOSED WORK: tc �. Commission Members/Agent. Abutters: Applicant/Property Owner/Representative: E]Request for Determination 0 Abbreviated Notice of Resource Area Delineation E]Notice of Intent Certificate of Compliance 0 Enforcement/Violation 0 Emergency [E] Informal nA EAS OF,JU CDTT(fT{}T(/��y INLAND RESOURCE AREAS Ij COASTAL RESOURCE AREAS Ii Bank 0 Land Subject to Coastal ❑Land Under the Ocean Storm Flowage QBordering Vegetated Wetland ElDesignated Port Area El Coastal Beach Land Subject to Flooding 11 1� 0 Coastal Dune 0 Barrier Beach 0 Land Under Water Bodies or Waterway f' Name: Coastal Bank Q Rocky Intertidal Shore 0 Riverfront Area 0 Salt Marsh Q Land Under Salt Pond ElVernal Pools 0 Land Containing E]Anadromous/Cars- Shellfish dromous Fish Run Bordering Vegetated Wetland in Coastal Area i BUFFER ZOME Fwithin iQ0 feet) " ' - s . ,: MR W- 11 ElWater Body $ordering Vegetated Wetland Bank 0 Coastal Beach 0 Coastal Dune TIVTERESTS I?IiOTECCED. W. r i s a � . . 3 -- Awa... adk t:e l{�,.,;ra:dt� alk+ n�aN `otection of Water Supply protection of Groundwater Supply lood Control Storm Damage Prevention _ revention of Pollution p;'; Protection of Fisheries rotection of Wildlife Habitat Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. Photos ❑ Site Map El Other: Take into account relevantaaspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. WEU s RECOMMENppTION I 0 CITY OF SALEM CONSERVATION COMMISSION March 27, 2006 Lino &Joanne Melo 20 Parlee Street Salem, MA 019$0 Re: Extension Permit for Order of Conditions-20 Parlee Street—DEP #64-349 Dear Mr.. & Mrs. Melo, Enclosed, please find the Extension Permit for the above referenced property. This Document must be recorded at the Essex County Registry of Deeds (36 Federal Street, Salem, MA) before any work can begin on site. Please fill out and return the Recording Information on page 3 of the Extension Permit,which will indicate to the Salem Conservation Commission that the document has been recorded. Once the work has been completed please contact me at (978) 745-9595 x 311 and I will explain the process of receiving a Certificate of Compliance,which will close out the permitting process and remove the encumbrances from your deed. Sincerely, rank ao a lannet/H bor Coordinator Enclosure 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 WWW.SALEM.COM i LINO AND JOANNE MELO 20 PARLEE ST. SALEM, MA 01970 GENE 978-594-0712 MAR 1 3 2006 � March 8, 2006 J COMMUNITY DEVELOPMENT City Of Salem Conservation Commission 120 Washington St. Salem,MA 01970 Dear Conservation Committee: We write this letter to request an extension on our order of conditions for DEP#64-349, located at 20 Parlee St., Salem,MA. We need this extension to finish our back yard for the following reasons: For the safety of our child,we must fence in the area due to a drop from the retaining wall, we must level our grade in the back yard to enjoy it and to keep any dirt from our yard running downhill into the conservation land, and finally to eliminate any liabilities that may arise from such a high drop. We appreciate your prompt response to this extension. If you have any questions, feel free to contact us at the telephone number above. Sincerely, Joanne Melo � - IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIl12, Massachusetts Department of Environmental Protectioi 2006060500114 Bk; VA Pg Bureau of Resource Protection - Wetlands 06/05/2006 ,,:03:00 OTHER Pa 1/3 WPA Fbrm 7 — Extension Permit for Orders of Conditions #64-349 1\ Massachusetts Wetlands Protection Act.M.G.L. c. 131, §40 Provided by DEP portant: A. General Information � m` hen filling out 1. Applicant: RECEIVED forms on the Lino&Joanne Melo APR t S 2006 computer, use Name only the tab DEPT.OF PLANNING Fe key to move 20 Parlee Street your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State - Zip Code 2. Property Owner(if different): Name ream Mailing Address Cityfrown State Zip Code B. Finding Information The Order of Conditions (or Extension Permit)issued to the applicant or property owner listed above on: May 22 2003 Date-. for work at: 20 Parlee Street Map 14 Lot 38 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for. Essex 21366 76 County - Book Page Certificate(if registered land) is hereby extended until: March 23, 2009 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Date Issued by: Conservation Commission - .Wom7-doc•rev.7114104 Page 1 of 3 ;r i Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions x-349 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. General Information Important: When filling out 1. Applicant forms on the Lino&Joanne Melo computer,use Name only the tab key to move 20 Parsee Street your cursor- Mailing Address do not use the Salem MA 01970 return —key. Cityr town State Zip Code .�ifhZILI 2. Property Owner(if different): Name nem Mailing Address City/rown State Zip Code B. Finding Information The Order of Conditions(or Extension Permit) issued to the applicant or property owner listed above on: May 22, 2003 Date for work at: 20 Parlee Street Map 14 Lot 38 Street Address Assessor's Map/Plat Number Parcel/Lot Number recorded at the Registry of Deeds for. Essex 21366 76 County Book Page Certificate(N registered land) is hereby extended until: March 23, 2009 Date This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest extension. Only unexpired Orders of Conditions or Extension may be extended. Date the Order was last extended (if applicable): Date Issued by: Conservation Commission wpaf a Tdw•rev.7/14104 Paas i of 3 Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 7 — Extension Permit for Orders of Conditions -34g Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Finding Information (cont.) This Order of Conditions Extension must be signed by a majority of the Conservation Commission and a copy se to th a and the ap opriate DEP Regional Office. Signatures: Notary Acknowledgemen Commonwealth of Massachusetts County of Essex 23rd March 2006 On this Day of Month Year Before me, the undersigned Notary Public, personally appeared Kevin Comacchio, Michael Blier, Kevin Carr, David Pabich, Joe Fumed, Name of Signer proved to me through satisfactory evidence of identification, which wastwere personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of SALEM Conservation Commission City/town FRANK TAORMINA q n Notary Public 1{�Y�YTy Commonweahh of Massachusetts My Commission Expires April 27,2012 i . gn ure of tary P blit aOYM/A I\ I Panted Name of Notary Public 2olz Place notary seal and/or any stamp above My Commission Expires(Date) wpoform7Aoc•rev.7114104 Pegs 2 or 3 ! R ILI] Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 7 — Extension Permit for Orders of Conditions x-349 Massachusetts Wetlands Protection Act M.G.L. c. 131, $40 Provided by DEP C. Recording Confirmation The applicant shall record this document in accordance with General Condition 8 of the Order of Conditions(see below), complete the form attached to this Extension Permit, have it stamped by the Registry of Deeds, and return it to the Conservation Commission. Note: General Condition 8 of the Order of Conditions requires the applicant, prior to commencement of work, to record the final Order(or in this case, the Extension Permit for the Order of Conditions) 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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the Order of Conditions subject to this Extension Permit To: SALEM Conservation Commission Please be advised that the Extension Permit to the Order of Conditions for the project at: 20 Pardee Street #64-349 Project Location DEP File Number has been recorded at the Registry of Deeds of: Essex County for. Lino&Joanne Melo Property Owner and has been noted in the chain of title of the affected property in accordance with General Condition 8 of the original Order of Conditions on: Date Book Page If recorded land the instrument number which identifies this transaction is: Instrument Number If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform7Aoc•rev.7/14004 Page 3 of 3 07/12/2009 19:40 6176290212 MELOANDSONS PAGE 02/02 STANDARD FORM PURCHASE AND SALE AGREEMENT This L .day of ftePwAdr 7..1- I. PARTIES VincentDiHiax, Inc. +��J�4�d11tT� /�LQ° A!�/ P-O.Box 780,Ly d MA 01940 bemit ft celled the SELLER,agrees to SELL and ,)�54i//C fe. ti Lin o loela el l /�1R/ 7 hereimmer oatled rho H11YER or PURCHASER, agrees to BUY, upon the to hereinafter at forth,the fol ng described rem! y/ 2. DESC1tiP'110N 01144 a< Qo: �'�G 6a �C1 PA%�� � -me-Jf Exl�.r fii� .�ix�' 407 "See axhibim A,B and V. OX 3. BUILDINGS, Include in the We as a part of said premises are the buildings, structures, STRUCTURES. and improvements now thereon,and the fixtures belonging to the SELLER IMPROVEMEM ant used is connection therewith including, if any, screens, and doors, FIXTURES sbuttws;.fumaces, heaters, heating equipment, stoves, ranges, gas burners and fixtures appurtenant thereto, hot water beaters,plumbing and bathroom 8rdorea,electric and other lighting f xtums, and,if built in,air conditioning equipment,garbage disposers,dishwashers only. 4. TITLE DEED Said premises are to be conveyed by a good and sufficient Quitclaim deed running to the BUYBR(this agreement is non-assignable by BUYER), and said deed shall convey a good and clear record and marketable title thereto, frac from encumbrances,except (a)Provisions of existing building and zoning laws: (b)Existing rights and obligations in party walls which are not the subject of written agreement; (c) Such taxes for 11e then current yeas as are not due and payable on the date of the delivery of such deed; (d) Any liens for municipal betterments assessed after the date of this agreement;wbichnam out dey. �!_izf''s,�S���7i�wreacfS� i�da^Ac��i�GC'IdG�'s i�� er 07/12/2009 19:40 6176290212 MELOANDSONS PAGE 01/02 MELO A SONS ass Rntoul St. UPHOLSTERING Beverly,MA 01915 (978)921-MLO(6356)(PHONE) (978)921-1167 W W W.MF,LOANDSONS,COM FAX Tos cam From: JOANNE Melo Pax: 97&7400404 Dates 8113/09 Pllons6 PaRest 2 Re.- P & S agreement CCs Commeatss Please call if you do not receive all documents. MI Carey, Please call if you have any questions. _ Thank your ;.',Joanne Melo .$78-59x-0712 ;z r. f rt,I FROM PHONE NO. : 4859 PO /07/30/2003 07:21 7813340111 DIBIASErZMP PAGE 01 f DEP Pits Number: Miteetchusetts Department of Environmental Protection Bureau of Resource Protection Wetlands f,4=349 WPA Form 5 — Order of Conditions PMM&IbyIIFP Massachusetts Wetlands Protection Act M.G.I.. c. i31, 640 A. G�norai Information aptl11gp11 11A8pp 1t1�Ip rp�1 important: From: illl�� l When filling p 'ra out forms on Salem1Z69�3118k;Zt386��01118 _ the computer, cenaarvatinnC&MtMion e112sfT00s tt:bt=0a use only the Thin faiuiLnce if for(Check une): tab key to move your cursor do M Order of Condrtlons not use the ' return key. ❑ Amended Order of Conditions w To: Applicant. Property Owner(if different from applicant): Greenwood residential Realty Trill,Go Kathleen Same _ are T.Thomas _. __. _... Name Name 749 Lowell Street Rit4�n' elpnggddrpe MaiOngAW+aw ' LIMt)Bld MA 01940 osy/r'OWn — gtecg ZM Gada cityrrywn Stow Zip Cods 1. Project Location: 20 Perfae Street Salem BhRt Addms ..CtyrTowm - --- -.� Map 14 Lot 38 _.._.. ...._ A01141111101111MANVNt Number ParewVl rH Numbot v 2. Property reccxrterl at the Rnyi>;lry pt lJEeds tor: _NA NA .m -'--'--' Boal; --- Page .�..._ Dap ent407243. ._. CMaleaO Of/Kkbrad 3. Dates: 3 May 22, 2003 May 22, 2003 Date Ndtlm at intent Filed Date Public Neanrrq Closer) Date of Issuance .�_....... . 4. Final Approved Plana and Other Documents (altech additional plan referonr r o as needed): WNW— ro__ _d Bite Plan Parise street �_— April 712093 1� Date S. Final Plons and Document;Signed end Stamped hy. Ctarta9 D. Fala Name "--•- ---- ------ ..__.-_ _ 0. Total Fes: anso.00 (�*MOe " Fra T•anemiflar Ponu) _ ._ ... . __. .. _- .---. mw rwn e ww vwa Py.,al !. .. Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-349 WPA Form 5 - Order of Conditions Provided by DEP 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 To: Applicant: Property Owner(if different from applicant): Greenwood residential Realty Trst, c/o Kathleen Same rea, T. Thomas Name Name 749 Lowell Street Mailing Address Mailing Address Lynnfield MA 01940 City/Town State Zip Code Cityfrown State Zip Code 1. Project Location: 20 Parlee Street Salem Street Address Cityfrown Map 14 Lot 38 Assessors Map/Plat Number Parcel/Lot Number 2. Property recorded at the Registry of Deeds for: South Essex NA NA County Book Page Document 407243 Certificate(if registered land) 3. Dates: May 8 2003 May 22 2003 May 22, 2003 Date Notice of Intent Filed Date Public Hearing Closed Dale of Issuance 4. Final Approved Plans and Other Documents (attach additional plan references as needed): Proposed Site Plan Parlee Street April 7, 2003 Title Date 5. Final Plans and Documents Signed and Stamped by: Charles D. Faia Name 6. Total Fee: $250.00 (from Appendix B:Wetland Fee Transmittal Form) WPA Form 5 Page 1 d7 Rev.02100 r Massachusetts Department of Environmental Protection DEP File"umber: Bureau of Resource Protection -Wetlands 64-349 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: Bureau of Resource Protection -Wetlands 64-349 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. P 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, WA DEP"] "File Number 64-349 " 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 Poen 5 Page 3d 7 Rev.02100 '\ Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64-349 WPA Form 5 - Order of Conditions Provided by DEP �w g 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. 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, WPA Forth 5 Page 4 d 7 Rev.02= Massachusetts Department of Environmental Protection DEP File"umber. Bureau of Resource Protection -Wetlands Gy-3Y9 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 of issuance. c, 003 Ma 22 2�3 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 Appe ix A) and the property owner(if different from applicant). Signatur AL On Of Day Month and Y ar before me personally appeared to=me known to be the person described in and who executed the foregoing instrument and aono d that h /sh exe ut th a as his/her free act and deed. tary Public My Commissioq Expires This Order is issued to the applicant as follows: ❑ by hand delivery on Xby certified mail, return receipt requested, on _SIV-Jel .5 2Qo3 Date Date WPA Form 5 Page 5 of 7 Rev.02/00 Massachusetts Department of Environmental Protection DEP File"umber. Bureau of Resource Protection -Wetlands 64-349 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. Salem Conservation Commission WPA Form 5 Page 6 of 7 Rev.02100 N Massachusetts Department of Environmental Protection DEP File"umber: Bureau of Resource Protection -Wetlands 64-349 u 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 Please be advised that the Order of Conditions for the Project at: 20 Parlee Street 64-349 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 #64-349 20 Parlee Street, Salem, NIA 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#64-349,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.Army 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. • 1 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 47 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 Commission 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 25 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. 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 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. 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 44. The retaining wall as shown on site plan dated April 7,2003,shall be build prior the construction of the single family dwelling. 45. All disturbed area shall be seeded and/or re-vegetated in order to prevent future erosion. 46. No existing trees or vegetation shall be cut and/or disturbed beyond the limits of the hay bale line. 47. A deed restriction shall be placed on Lot 97B to identify a"No Cut/No Disturbance Zone"beyond the limit of the proposed retention wall. The deed for Lot 97B shall include these Special Conditions. A Copy of the deed shall be submitted to the Conservation Commission for review prior to the commencement of work. �,O "44 Conservation Commission Salem, Massachusetts 01970 '."'I SSAO'' . June 5, 2003 r Parsonsand Faia Inc. C/o Charles Faia. 60 Lewis Street Lynn, MA 01902 Re: Order of Conditions, Salem—20 Parolee Street DEP # 64-349 c— vc ( � DearNJ aia: Enclosed, please find the original Order of Conditions for 20 Parlee Street (DEP # 64-349). This Document must be recorded at the Essex County Registry of Deeds before any work can begin. Please fill out and return the Recording Information (Page 7) of the Order of Conditions, which will, indicated to the Salem Conservation Commission that the document has been recorded. In Addition, according to Special Condition 47, a copy of the property deed indicating a restriction of a"No Cut/No Disturbance Zone" beyond the retention wall shall be submitted to the Salem Conservation Commission prior to the commencement of work. If you have any further questions or concerns, please feel free to contact me at 1-978-745-9595 x 311. Sincerely, on Cefalo Conservation Agent, City of Salem ar�.,, P. "��y� ."� �S.A�sf� aim o>Y.��." �' •. Y��"x ^4� � �� i� t • !i• ,.-t``" j`.,A.?^"I" .� rte. x � � ld:+�l� �y'„!'"��.. S »^" .,.,�.� r,.��..:,,� •' ;"`a '"'.' v" <, _ T},y• 11.;x. � = 3 y . , - �,> �. iii _ ♦ n .M .�,� -. � � � 'w .. O fl Cg,)�� ,.ai��t5. a xA�xfA,r r n i - r R . 7 r.. 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Massachusetts Department of Environmental Protection DEP File Number: IAn`" Bureau of Resource Protection - Wetlands > , WPA Form 3 — Notice of Intent Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Town A. General Information Important: When filling out 1. Applicant: forms on the Greenwood: Residential Realty Trust Kathleen T Thomas Trustee computer, useonle tab Name E-Mail Address(if applicable) keytomove 749 Lowell Street key[o move your cursor- Mailing Address do not use the Lynnfield , Massachusetts 01940 return key. City/Town State Zip Code 781-334-3725 Number °0 Phone Number Fax Number(if applicable) 2. Representative (if any): ®° Parsonsand Faia Inc . Firm Charles Faia Note: Contact Name E-Mail Address(if applicable) Before 60 Lewis Street completing this Mailing Address form consult Lynn , Massachusetts 01902 your local City/Town State Zip Code Conservation Commission 781-593-7927 . 781-593-0806 regarding any Phone Number Fax Number(if applicable) municipal bylaw or ordinance. 3. Property Owner(if different from applicant): Same Name Mailing Address Cityrrown State Zip Code 4. Total Fee: $250 . 00. (from Appendix B:Welland Fee Transmittal Form) 5. Project Location: 20 Parlee Street Salem Street Address CityrTown Map 14 lot 38 Assessors Map/Plat Number Parcel/Lot Number 6. Registry of Deeds: County Book Page Document 407243 Certificate(if Registered Land) WPA Fo"3 Page 1 of e Rev.02/00 a Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided by DEP ` a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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? 3 , 500 s . f . ❑ No 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.) No impact to resource areas proposed B. Project Description 1. General Project Description: Construction of a single family dwelling with related earthwork within the buffer zone 2. Plan and/or Map References: Proposed Site Plan April 7 , 2003 Tile Date Parlee street Salem Massachusetts WPA Fwm3 Rev.02100 Page 2 of 8 y Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of intent ProvidedbyDEP Massachusetts Wetlands Protection Act M.G.L. c,.1.31 40 Salem . § Town 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 proposed activities located, in whole or in part, in Wetland Resource Area(s). Inland Resource Areas: Bordering Vegetated Wetlands: Bordering Land Subject to Flooding: No alteration.proposed N/A Square Feet altered Volume of Flood Storage Lost(cubic feet) Square Feet replaced Volume of Flood Storage Compensation(cubic feat) Land Under Water Bodies: Isolated Land Subject to Flooding: N/A N/A Square Feet altered Volume of Flood Storage Lost(cubic feet) Cubic Yards dredged Volume of Flood Storage Compensation(cubic feat) Bank: N/A Linear Feet altered Coastal Resource Areas: Coastal Dune: Land Under Salt Pond: N/A N/A Square Feet altered Square Feet altered Cubic Yards/Volume removed Cubic Yards dredged Salt Marsh: Rocky Intertidal Zone: N/A N/A Square Feet altered Square Feet altered Coastal Bank: Designated Port Area: N/A WA Linear Feet altered Square Feet altered WPA rom 3 Ptae 3 d 8 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA• Form 3 — Notice of Intent PrcvidedbyDEP Salem- Massachusetts Wetlands Protection Act M.G.L. c. .131, §40 Town C. Activities Subject to Regulations (cont.) Fish Run: Land Containing Shellfish: N/A WA Linear Feet altered Square Feet altered Land Subject to Coastal Stone Flowage: Beach: N/A WA Square Feet altered Square Feet altered ' Land Under Ocean: N/A Square Feet altered Cubic Yards dredged Riverfront Area: a. Name of Waterway(if available): WA 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 c. Describe how the Mean Annual High-Water Line was determined: N/A d. Distance of proposed activity closest to the Mean Annual High-Water line: N/A Feet e. Total area of Riverfront Area on the site of the proposed project: N/A Square Feet f. Proposed alteration of the Riverfront Area: Total Square Feet Square Feet within 700 ft. Square Feet between 100 ft.and 200 ft. WPA Forth 3 ' Paw 4afa i Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection Wetlands WPA Form 3 — Notice of intent Fravldedby DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SalemTOM 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# 64-319 (attached) ❑ DEP BVW Field 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 Route 135, North Drive Westborough, MA 01581 ® No 2000-2001 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): ® No c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wptlands Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act (M.G.L. C. 130, § 105)? ❑ Yes ® No WPA F=3 PweSde Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Proddedby DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40Salem - Town .. . 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: ® 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: ® No 3 a. Is the project located in the Riverfront Area? ❑ Yes If yes, indicate the proposed project purpose: ® No ❑ 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 If no, stornwater management measures are required. Applicants are encouraged to complete Appendix C: Stormwater Management Form and submit it with this form. WPA Fo 3 Mae 0d8 \ Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent Provided 6y DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Town 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 other 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. Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B)to confirm fee payment: f ¢`� 4Applicantame Ch ck Number� �Payor name on ec erent from payor) 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 wetlands 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 (return receipt requested)to all abutters within 100 feet of the property line of the project location. Signature of Applicant Date Slgnatu Properly Owner(if different) Date of ep sen five(if any) Djilte WPA FQIM 3 Rev.0200 - P ge 7 d 5 1=�4 '�i i �9. �� a '� �� ' VVA Kffi IWI 7.7 moi'+.`` � �� - `. '•.....:.+��:��,���f�{'�� v" ' P LN 00 ..ewrOO �l' a�1 / E 1. �.. e9 a... � • rte__ _ Row a out a MEN ro OR sA+'�._.+ �. � •�'`"��� � �� �,�r�'0Ai � 'cif 40 141111111P WIL. 1 �s� �•(� �f/�(L�1��1� ��It��.Ji r1�N� �I� i•�i :������Y�� M � 11/26/01 AID\ 13:25 FAX (6002 r I Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection -Wetlands I64-319 WPA Form 4B — Order of Resource Area Delineation Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 I A. General Information Important When filling out From: forms on the Salem Computer,use conservation commission i only the tab - key to move This Issuance is for(check one): your cursor- do not use the return key. ® Order of Resource Area Delineation V ❑ Amended Order of Resource Area Delineation To:Applicant: Property Owner(if different from applicant): ~" Bartlett and Steadman Co. Same (See attached letter) Name Name R67 Village Street Mailing Address Mailing Address Marblehead MA 01945 Ctlyrrown Stale Zip Code Cdyrrown State Zip Code 1. Project Location: Dell St., Padee St., Circle Hill Rd. Salem Street Address Ciry/rown Maps 9& 14 259&30 31 33 35 54 144 Assessors Map/Plat Number Parcal/Lot Number 2. Title and Date of Final Plans and Other Documents: Resource Area Plan, Salem MA, Prepared by Eastern Land Survey Rev. May 31,2001 Associates Inc., Prepared for Bartlett&Steadman CO. Final Data(or Revised Date,if applicable) 3. Dates: April 12,2001 June 28,2001 June 28,2001 Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance ' NTA Farm 4e Rw.el/Ge - Pep t al 11/26/01 MON 13:26 FAX 10003 s Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands 64319 WPA Form 4B — Order of Resource Area Delineation Provideciby DEP i Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 i B. Order of Delineation The Conservation Commission has determined the following(check whichever is applicable): I ❑ Accurate: The boundaries described on the referenced plan(s)above and in the Abbreviated Notice ! of Resource Area Delineation are accurately drawn for the following resource area(s): ❑Bordering Vegetated Wetlands ❑Other Resource Area(s), specifically: ® Modified:The boundaries described on the plan(s)referenced above, as modified by the Conservation Commission from the plans contained in the Abbreviated Notice of Resource Area Delineation, are accurately drawn from the following resource area(s): ® Bordering Vegetated Wetlands ❑ Other Resource Area(s), specifically: ❑ Inaccurate:The boundaries described on the referenced plan(s)and in the Abbreviated Notice of. Resource Area Delineation were found to be inaccurate and cannot be confirmed for the following resource area(s): ❑ Bordering Vegetated Wetlands ❑ Other Resource Area(s), specifically: The boundaries were determined to be inaccurate because: NAA F.48 Pae!2 of 3 Rw.02MO 11/26/01 MON 13:20 FAX 16004 ' Massachusetts Department of Environmental Protection DEP File Bureau of Resource Protection-Wetlands Number. WPA Form 4B — Order of Resource Area DelineationPfeVae YDEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 i B. Order of Delineation (cont.) This Order of Resource Area Delineation determines the boundaries of those resource areas noted above and is binding as to all decisions rendered pursuant to the Massachusetts Wetlands Protection Act I (M.G.L.c.131,§40)and Its regulations(310 CMR 10.00)regarding such boundaries. This Order does not, however,determine the boundaries of any resource area or Buffer Zone to any resource area no specifically noted above, regardless of whether such boundaries are contained on the plans attached to i this Order or to the Abbreviated Notice of Resource Area Delineation. This Order must be signed by a majority of the Conservation Commission. The Order must bsent by certified mail(return receipt requested)or hand delivered to the applicant.A copy also must e be mailed or i hand delivered at the same time to the appropriate DEP Regional Office(see Appendix A) Signa uMy, l Th" Order s valid for three years from the date of issuance. ISO r Is issued to the applicant and the property owner(if different)as follows: by hand delivery on by certified mail, return receipt requested on Date Date r 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(see Appendix A)to issue a Superseding Order of Resource Area Delineation, 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 for 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 stale clearly and concisely the objections to the Order which is being appealed and how in the Massachusetts Wetla the Order does not contribute to the protection of the interests identifiednds 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 bylaw or ordinance, and not on the Massachusetts Wetlands Protection Act or regulations,the Department of Environmental Protection has no appellate jurisdiction. H A1.4e NA.07AD Pa 3q3 I ,per \ COMMONWEALTH OF MASSACHUSETTS , EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office RECEIVED MITT ROMNEY " ECEIVED ELLEN ROY HERZFELDER Governor MAY 2 0 2003 Secretary KERRY HEALEY - EDWARD P.KUNCE Lieutenant Governor DEPT.OF PLANNING& Acting Commissioner CONINIM Y DEVELOPMENT EP File# 064-0349 RE: NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER SALEM DATE: 5/16,12003 838 AiVL .^,';f,•'t.^.'::1) 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): Applicant: Kathleen Thomas Owner: Greenwood Residential Realty Trust Address: 749 Lowell Street Address: - Lynnfield, MA 01940 LOCUS: 20 Parlee Street IF CHECKED, THE FOLLOWING ITEM(S) APPLY TO T141S NOTICE OF'INTENT- A._(X)_This project has been assigned the following file# : 064-0349 Although a file#is being issued,please note the following: C.Q 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. 0 401 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. Q 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 project or activity will be conducted in a manner that will not violate the Massachusetts Surface Water Quality,Standards,provided that: a) ,'the applicant receives and complies, /ith a Final Order of Conditions from the local _�.conser'vatioh commission or,the.�Department; b). The Order'of Conditions does not cause the loss of more than 5,000sq.ft:of bordering vegetated wetlands and land under water and/or the dredging of more than 100 cubic yards of }r land under water;' This information is available in alternate format.Call Aprel McCabe,ADA Coordinator at 1-617-556-1171. 205A Lowell St. Wilmington,MA 01887 • Phone(978)661-7600 • Fax(978)661-7615 • TTD#(978)661-7679 DEP on the Wodd Wide Web: http://www.mass.gov/dep Z�J Printed on Recycled Paper - 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. O 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. O Your project involves dredging of greater than 100 cubic yards of material or requires a permit from the Federal Energy Regulatory Commission for work in "waters of the 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: Conservation Commission: Salem Conservation Commission, City Hall 1 Salem Green Representative: Parson&Faia Inc, Charles Faia 60 Lewis Street 1 t GC LOT 97B LOT 97A r7 ' N Y LOTS 97C 8 97D t11 f 4L3 IAk AL us \� },meg°f i� �/ '• .• F �'' .o0 ILS / // / WZL — r -7i-$9T e, tl¢ D(�4Q4S@� u� i SEE P6aALO A. J/�'tS Tj�uJF •,t t 330 FP = ULL-0 ,. X339 u ; r 8 •t: r1a-•S ry j1 14 �SSo �rr. IOEW0.�k �� Drtaoorm S" W Aiw 1*0o w _ fyl PARLEE STREET PROPOSED SITE PLAN PARLEE STREET SALEM CONSERVATION COMMISSION APPROVAL LEGEND SALEM , MASSACHUSETTS —�1• EXISTING CONTOUR —{rte}-- PROPOSED CONTOUR SCALE . I " = 20 ' APRIL 7 , 2003 PARSONS AND FAIA INC. llhc$ EXISTING SPOT ELEVATION 60 LEWIS STREET lti•o PROPOSED SPOT ELEVATIONLYNN , MASS. • WETLANDS FLAG a NUMBER WETLANDS EDGE OF BITUMINOUS 0 20 40 60 80 100 H OF MAss9 . a Z CHARLEe C' F DANILp AI SN I 379 DATE ' .AIA o y 180 ~ !•q FB/BTEaF' ? O N� 8UR`76r