64-401 - 136 BAY VIEW AVENUE - CONSERVATION COMMISSION - 0 /36 Oayviw ie
0
c CITY OF SALEM
CONSERVATION COMMISSION
July 17, 2008
Lisa Brook
136 Bayview Avenue
Salem, MA 01970
Re: DEP#64-401—Replacement of existing foundation under front and rear
porches- 136 Bayview Avenue,Salem, Massachusetts
Dear Ms. Brook:
Please be advised that the Order of Conditions for the above referenced project will
expire on July 28, 2008. If this project is complete, you should submit the required
reports and Request a Certificate of Compliance(enclosed forms) from the Salem
Conservation Commission.
If this project has not been completed, than you must submit the a written request for an
extension of the existing Order of Conditions to the Commission at least_30-days prior to
the expiration of the order, as required in the Wetland Protection Act. If the project has
not been completed and your Order of Conditions expires, you will be required to file a
new Notice of Intent to complete this previously approved project.
Please contact me at(978)619-5685 if you have any questions.
Sincerely,
Catey�D ques
Conservation Agent/Planner
Enclosures
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
WPA Form 5 - Order of Conditions #64-401
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important: Salem
When filling From: 1.Conservation Commission
out forms on
the computer, 2.This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions
use only the
tab key to 3.To: Applicant:
move your
cursor-do not Lisa Brooke
use the return a.First Name b.Last Name c.Company
key. 136 Bay View Avenue
d. Mailing Address
VQ Salem Ma 01970
e.Cirylrown I.State g.Zip Code
.e 4. Property Owner(if different from applicant):
a.First Name b.last Name c.Company
d.Mailing Address
e.Cityrrown f. State g.Zip Code
5. Project Location:
136 Bay View Avenue Salem
a.Street Address b.Citylrown
Map 44 Lot 0115
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known (note:
electronic filers will click for GIS locator): e. Latitude I.Longitude
6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel):
Essex
a.County b.Certificate(if registered land)
16862 0115
c. Book d.Page
6/24/05 7/28/05 7/28/05
7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c. Date of Issuance
6. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
Plan of Land
a. Plan Title
Essex Survey Services Inc.
b. Prepared By c. Signed and Stamped by
Jan 10, 1974 1"=20'
d. Final Revision Date e.Scale
I.Additional Plan or Document Title g.Date
v paforrns.dm• rev.ani05 Page 1 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
' WPA Form 5 — Order of Conditions #64-401
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
t. 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:
a. ❑ Public Water Supply b. ® Land Containing Shellfish c. ❑ Prevention of Pollution
d. ❑ Private Water Supply e. ® Fisheries f. ® Protection of Wildlife
Habitat
g. ❑ Groundwater Supply h. ® Storm Damage Prevention i. ® Flood Control
2. This Commission hereby finds the project,as proposed, is: (check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance standards set
forth in the wetlands regulations.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:
b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the
wetland regulations. 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. A description of the performance standards which the
proposed work cannot meet is attached to this Order.
c. ❑ 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).
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only)
3. ® Buffer Zone Impacts: Shortest distance between limit of project disturbance and 30
wetland boundary(if available) a.linear feet
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. 1-71 Bank a.linear feet b.linear feet c. linear feet d.linear feet
5. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
6. El Land Under Waterbodies a.square feet b.square feet c.square feet d.square feet
and Waterways
e.cu.yd dredged f.cu.yd dredged
w alon,5.dw• rev.11/05 Page 2 W 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-401
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
s. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 's
9. ❑ Rivertront area a.total sq.feet b.total sq.feet
Sq ft within 100 It c.square feet d.square feet e.square feet f.square feet
Sq It between 100-200 ft
g.square feet h.square feet i.square feet j.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
1o. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
it. ❑ Land Under the Ocean a.square feet b.square feet
c.cu.yd dredged d.cu.yd dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below
13. ❑ Coastal Beaches
a.square feet b.square feet c.cly nourishmt. d.c/y nourishmt.
14. El Coastal Dunes a.square feet b.square feet c.Gy nourishmt. d.cty nourishmt
15. ❑ Coastal Banks a.linear feet b.linear feet
16. ❑ Rocky Intertidal Shores a.square feet b.square teat
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds a.square reef b.square feet
c.cu.yd dredged d.cu.yd dredged
19. ❑ Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodies and Waterways,
above
a.cu.yd dredged b.cu.yd dredged
21. ❑ Land Subject to Coastal
Storm Flowage a.square feet b.square feet
vlpafomistl • rev.3/IMS Page 3 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-401
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
(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.
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'7
"File Number #64-401 "
w alorm&dw rev.3/1/05 Page 4 o19
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-401
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. General Conditions Under Massachusetts Wetlands Protection Act
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.
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.
18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Special Conditions:
If you need more See Attached
space for
additional
conditions,
select box to
attach a text
document
wpafom .dw• rev.3(1/05 Page 5 of 9
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions #64-401
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No
z. The hereby finds (check one that applies):
Conservation Commission
3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
a.Municipal Ordinance or Bylaw b.Citation
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.
4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or
bylaw:
a.Municipal Ordinance or Bylaw b.Citation
The Commission orders that all work shall be performed in accordance with the following 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.
If you need more
space for c. The special conditions relating to municipal ordinance or bylaw are as follows:
additional
conditions,
select box to
attach a text
document ❑
v afor,n5.doc• rev.311/05 Page 6 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions #64-401
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
E. Issuance
This Order is valid for three years, unless otherwise specified as a special 7/28/05
condition pursuant to General Conditions #4,from the date of issuance. t.Date ofI nuance
Please indicate the number of members who will sign this form:
This Order must be signed by a majority of the Conservation Commission. 2.Number of signers
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, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
Notary Acknowledgement J✓
Commonwealth of Massachusetts County of Ers7'
,T8" ),V/V
zoos
On this Day of Month Year
Before me,the undersigned Notary Public, 110141 C"ACCA i —roit. Iv✓o ri Kms, CW, X0'K
personally appeared Name of Document Signer 4r
proved to me through satisfactory evidence of identification, which was/were
-�Jlu 9A0,61
De ription of evidep6e 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 statedaprpose.
As member of City/Town Conservation Commission
FRANKTAORMINA
a,p Notary Public
My Commission Expires
April 27,2012 sioKatur t Not Public
�A
Printed Name of Notary Public
Place notary seal and/or any stamp above � ��' 20/2 —
My Comm In Expir (Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on by certified mail, return receipt requested,on
4ca?t � -LOOS
Date Date 7
wpaforra5.doc• rev,all/05 Page 7 of 9
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
` WPA Form 5 - Order of Conditions #64-401
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
F. 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 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. Any appellants seeking to appeal the Department's Superseding
Order associated with this appeal will be required to demonstrate prior participation in the review of this project.
Previous participation in the permit proceeding means the submission of written information to the
Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or
Determination, or providing written information to the Department prior to issuance of a Superseding Order
or Determination.
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.
Section G, Recording Information is available on the following page.
wpaforra5.00c• rev.311/05 Page 8 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions #64-401
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
G. 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 this form shall be submitted to the Conservation Commission listed below.
Salem
Conservation Commission
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:
136 Bay View Avenue #64-401
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
w aforn5.dm• rev.3/1/05 PaOa 9 of 9
Attachment to Order of Conditions # 64-401
Page itflof 5
SALEM CONSERVATION COMMISSION
DEP FILE #64-401
136 Bay View Avenue
City of Salem, Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural
Heritage &Endangered Species Program(NHESP) of the Massachusetts Division of Fisheries and Wildlife, it has
been determined that this project does not occur near any habitat of state-listed rare wildlife species nor contains any
vernal pools.
This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City
of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13.
This Order permits the replacement of the existing foundation under porches in the front and rear of house and the
installation of a concrete piling to support the extension of a deck in the rear of the house located within Land
Subject to Coastal Storm Flowage and a buffer zone to a coastal bank.
SPECIAL CONDITIONS
1. This Order of Conditions must be recorded in its entirety(all 5 pages) at the Essex 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; and recording information must be submitted to the Salem Conservation Commission in
writing,before any work approved in this Order commences.
2. Approval of this application does not constitute compliance with any law or regulation other than
M.G.L Chapter 131, Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands
Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13.
3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No
alteration of wetland resource areas or associated buffer zones, other than that approved in this Order,
shall occur on this property without prior approval from the Commission.
4. Prior to any work commencing,a sign shall be displayed showing DEP File#64-401, and not placed on
a living tree.
5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the
date of the issuance of this Order.
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:
Attachment to Order of Conditions # 64-401
Page 2of 5
(1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S. Army
Corps 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 in 314 CMR 9.00.
(3) The City of Salem Wetlands Protection Ordinance and its Regulations
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. The Commission or its Administrator, officers,or employees shall have the right to enter and inspect the
property at any time for compliance with the conditions of this Order, the Wetlands Protection Act MGL
Chapter 131,Section 40, the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any
data or documentation that it deems necessary for that evaluation.
12. The Commission or its Administrator shall have the discretion to modify the erosion/siltation control
methods and boundary during construction if necessary.
13. 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.
14. The work shall conform to the following attached plans and special conditions:
Final Approved Plans
Plan of Land, 136 Bay View Avenue
Title
January 10, 1974
Dated
Signed and Stamped by
City of Salem Conservation Commission
On file with
15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved
plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice
shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the
change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend
this Order of Conditions. A copy of such request shall at the same time be sent to the Department of
Environmental Protection.
16. 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 statement signed by the
Attachment to Order of Conditions # 64-401
Page 3of 5
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.
17. Condition Number as indicated shall continue in force beyond the Certificate of Compliance, in
perpetuity,and shall be referenced to in all future deeds to this property.
PRIOR TO CONSTRUCTION
18. Prior to the commencement of any activity on this site other than activities listed above, there shall be a
PRE-CONSTRUCTION MEETING between the project supervisor,the contractor responsible for the
work, and a member of the Conservation Commission or its Administrator to ensure that the
requirements of the Order of Conditions are understood. The staked erosion control line shall be
adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission
Agent at(978)745-9595 ext 311 at least forty-eight(48)hours prior to any activity to arrange for the
pre-construction meeting.
19. 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.
20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction
meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre-
construction meeting if absolutely necessary in order to place erosion control stakes where required.
21. There shall be 20 hay bales and wooden stakes under cover on the site to be used only for emergency
erosion control.
EROSION CONTROL
22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction,
and shall be maintained during construction in the wetland areas and buffer zones. The erosion control
specifications provided in the Notice of Intent and the erosion control provision in the Order will be the
minimum standards for this project; the Commission may require additional measures.
23. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland
resource areas to prevent sediment form entering wetland resource areas.
24. 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.
25. The area of construction shall remain in a stable condition at the close of each construction day.
26. Any de-watering of trenches or other excavation required during construction shall be conducted so as
to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered
through hay bale sediment traps, silt filter bags or other means approved by the Commission or its
Administrator.
27. Within thirty(30)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.
28. If soils are to be disturbed for longer that 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,
Attachment to Order of Conditions # 64-401
Page¢of 5
exposed surface shall be stabilized by other appropriate erosion control measures,firmly anchored, to
prevent soils from being washed by rain or flooding.
DURING CONSTRUCTION
29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all
times when work is in progress.
30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
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 river.
32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage
system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be
immediately removed.
33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil
prior to seeding and final stabilization.
34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale
barriers and/or silt bags to filter silt from stormwater before it enters the drainage system.
35. There shall be no pumping of water from wetland resource areas.
36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other
components shall be fixed immediately.
37. Duringconstruction,o struction,all drainage structures shall be inspected regularly and cleaned as necessary.
38. The applicant is herby 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.
AFCER CONSTRUCTION
39. Upon completion of construction and final soil stabilization, the applicant shall submit the following to
the Conservation Commission to request a Certificate of Compliance(COC):
(1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if
required by the Conservation Commission at the time of request).
(2) A letter from a Registered Professional Engineer certifying compliance of the property with this
Order of Conditions.
(3) An "As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor
showing post-construction conditions within all areas under the jurisdiction of the Massachusetts
Wetlands Protection Act. This plan shall include at a minimum:
(a) All wetland resource area boundaries with associated buffer zones and regulatory setback
areas taken from the plan(s)approved in this Order of Conditions;
Attachment to Order of Conditions # 64-401
Pageof 5
(b) Locations and elevations of all stormwater management conveyances,structures and best
management designs,including foundation drains,constructed under this Order within any
wetland resource area or buffer zone;
(c) Distances from any structures constructed under this Order to wetland resource areas-
"structures"include,but are not limited to,all buildings, septic system components, wells,
utility lines,fences,retaining walls,and roads/driveways;
(d) A line delineating the limit of work-"work"includes any filling,excavating and/or
disturbance of soils or vegetation approved under this Order;
40. When issued, the Certificate of Compliance must be recorded at the Essex County Registry of Deeds
and a copy of the recording submitted to the Salem Conservation Commission.
41. 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.
42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has
authorized their removal.
ADDITIONAL CONDITIONS
43. At the end of each working day no machinery or stockpiled material shall be left within the buffer zone
June 24, 2005
Mr. Kevin P. Cornacchio, Chairman
Salem Conservation Commission
Salem City Hall
120 Washington Street
Salem, MA 01970
Attn: Frank Taormina
SUBJECT: Home Renovations 136 Bayview Ave
Salem, MA
Dear Mr. Cornacchio,
Enclosed please find one original and eight copies of an Abbreviated Notice of Intent to undertake
certain home renovations at 336 Bayview Avenue in Salem, MA. We would like to replace the
foundations on our existing porches and to install two piles to support and extension of a deck as
described in the attached application.
Please let me know when the hearing will be scheduled for this. You can reach me at (978)744-
1119
Sincerely,
Lisa BrookX
cc DEP
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4 — Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
Town
A. General Information
Important:
When filling out 1. Applicant: n
forms on the Lisa Brooke and Daniel Rowe ;d490'oK6r7 ,Ye r.
computer, use Name E-Mail Address ` —
only the tab
key to move 136 Bayview Ave
your Cursor- Street Address
do not use the Salem MA 01970
return key. City/Town State Zip Code
*-978/744-1119
YS2A Phone Number
Fax Number(if applicable)
2. Representative (if any):
Firm
e
Note: Contact Name E-Mail Address
Before
completing this Mailing Address
form, consult
your local
Conservation Citylrown State Zip Code
Commission
regarding any Phone Number Fax Number(if applicable)
municipal bylaw
or ordinance. 3. Property Owner(if different from applicant):
Name
Mailing Address
Citylrown State Zip Code
4. Total Fee:
$110
(from NOI Wetland Fee Transmittal Form)
5. Project Location:
136 Bayview Ave Salem
Street Address Cityrrown
44/0115 "
Assessors Map/Plat Number Parcel/Lot Number
6. General Project Description:
Project involves replacing existing foundation under porches in front and rear of house and
installation of two, 12 inch diameter concrete pilings to support an extension of a deck in the rear of
the house.
wpaform4.doc•rev.7/13/04 Page 1 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA► Form 4 — Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
Town
A. General Information (cont.)
7. Registry of Deeds:
Essex 16862' 0115
County Book Page
Certificate(if Registered Land)
B. Site and Activities Subject to Regulation
Complete any of the following sections that apply to the proposed work and project site.
1. Complete for proposed activities located, in whole or in part, in Buffer Zone.
a. Check all the following borders to the Buffer Zone:
Inland Resource Areas Coastal Resource Areas
❑ Inland Bank ❑ Coastal Beach ElBarrier Beach
E3 `
Bordering Vegetated Wetland (BVW) Rocky Intertidal Shore ❑ Coastal Dune
❑ Salt Marsh $j Coastal Bank
b. Check all the methods used to delineate the Bordering Vegetated Wetland boundary:
❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached)
❑ DEP BVW Field Data Form (attached)
❑ Final Determination of Applicability issued by Conservation Commission (attached)
❑ Other Method of Determining 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.
v,aform4.doc•rev.7/13/04 Page 2 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4 — Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
Town
B. Site and Activities Subject to Regulation (cont.)
c. Describe, with reference to supporting plans and calculations where necessary, the size, type,
and location of the proposed work and mitigating measures and designs to insure that the proposed
work will not alter the resource area and Buffer Zone borders. Attach additional sheets, if necessary.
As noted on Figure 2, the entire dwelling is located within the 100 foot buffer zone. The proposed
work is shown on Figure 3 and involves the replacement of existing foundations on the front and rear
porches and the installation of two 12 inch diamter concrete piles in the rear to support a deck extension.
While there is a Flood Zone on the property (see Figure 4), no work is proposed in this area. The existing
foundations will be removed and replaced with new concrete foundations. The work will require
excavation to install forms for pouring the concrete and to install the concrete piles. Exterior renovations
to the home including window and siding replacement will also occur.
2. Complete for proposed activities located, in whole or in part, in Land Subject to Flooding.
a. Resource area description:
Bordering Land Subject to Flooding: Isolated Land Subject to Flooding:
Volume of Flood Storage Lost(cubic feet) Volume of Flood Storage Lost(cubic feet)
Volume of Flood Storage Compensation(cubic feet) Volume of Flood Storage Compensation(cubic feet)
b. Describe, with reference to supporting plans and calculations where necessary the size, shape,
location, and type of work, mitigating measures, and designs proposed to meet the performance
standards set forth in 310 CMR 10.57(4) and 10.60. Attach additional sheets, if necessary.
N/A
3. Complete for proposed activities located, in whole or in part, in the Riverfront Area.
a. Name of Waterway (if available):
N/A
wpaform4.doc•rev.7113/04 Page 3 of 7
Massachusetts Department of Environmental Protection
L1Bureau of Resource Protection - Wetlands DEP File Number:
1 WPA Form 4 — Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
Town
B. Site and Activities Subject to Regulation (cont.)
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:
d. Distance of proposed activity closest to the Mean Annual High-Water Line:
Feet
e. Total area of Riverfront Area on the site of the proposed project:
Square Feet
f. Proposed alteration of the Riverfront Area:
Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft.and 200 ft.
g. Indicate project purpose:
❑ Single family house ❑ Commercial development ❑ Transportation
❑ Residential subdivision ❑ Industrial development ❑ Other(describe):
h. Was the lot where the activity is proposed created prior to August 1, 1996?
❑ Yes
❑ No
wpaform4.doc•rev,7113/04 Page 4 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4 — Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
Town
B. Site and Activities Subject to Regulation (cont.)
i. Describe how the project will meet all performance standards set forth in 310 CMR 10.58(4) for
the Riverfront Area, including standards requiring consideration of alternative project design or
location. Attach additional sheets, if necessary.
N/A
4. Is the project exempt from the DEP Stormwater Management Policy?
® Yes If yes, explain why the project is exempt:
The Project does not generate stormwater.
If no, stormwater management measures are required. Applicants are encouraged to
❑ No complete the Stormwater Management Form and submit it with this Abbreviated
Notice of Intent.
5. a. Is any portion of the proposed project located within 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 Abbreviated Notice of Intent to
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
® No Westborough, MA 01581
2003
Date of Map
b. Is any portion of the proposed project in an Area of Critical Environmental Concern (ACEC)?
❑ Yes If yes, provide name of ACEC (see the Area of Critical Concern list for ACEC
locations):
® No ACEC Name
wpaform4.doc•rev.7113104 Page 5 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4 — Abbreviated Notice of Intent
1 \
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
Town
B. Site and Activities Subject to Regulation (cont.)
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
6. If any activity within Land Subject to Flooding, the Riverfront Area, or Buffer Zone is exempt from
performance standards in accordance with an provision of n
p y the w p e etIa ds regulations, 310 CMR
10.00, identify the appropriate exemption:
Exemption
C. Additional Information
Applicants must include the following with this Abbreviated Notice of Intent(ANOI):
• 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 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 ANOI.
D. Fees
The fees for work proposed under each Abbreviated Notice of Intent must be calculated and submitted to
the Conservation Commission and DEP(see Instructions and NOI Wetland Fee Transmittal Form).
No fee shall be assessed for projects of the federal government, the Department of Environmental
Protection, or cities and towns of the Commonwealth.
Applicants must submit the following information (in addition to pages 1d 2 of the NO[Wetland Fee
r
Transmittal Form)to con m fee payment:
... 151
C ,.= a 0
Check Nuffiber Check date
... , c 19 C ... 17/ 0%c
Payor narfiedh check Applicant naIfie on hec
wpaform4.doc•rev.7113104 Page 6 of 7
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 4 — Abbreviated Notice of Intent
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
Town
E. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Abbreviated 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.
�C- G a o
Signature of Applicant Date
Signature of Property Owner(If different) Date
Signature of Representative(if any) Date
For Conservation Commission:
Two copies of the completed Abbreviated Notice of Intent(Form 4), including supporting plans and
documents; two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee
payment must be sent to the Conservation Commission by certified mail or hand delivery.
For DEP:
Two copies of the completed Abbreviated Notice of Intent(Form 4), including supporting plans and
documents; two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state
fee payment must be sent to the DEP Regional Office by certified mail or hand delivery.
Other:
if the applicant has checked the "yes' box in any part of Section B, Item 5, 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 Abbreviated Notice of Intent.
vvpaform4.doc•rev.7/13/04 Page 7 of 7
Massachusetts Department of Environmental Protection
\ Bureau of Resource Protection - Wetlands
NOI 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 Lisa and Daniel Brooke and Rowe
key to move a. First Name b. Last Name c.Company
your cursor- 136 Bayview Ave
do not use the d. Mailing Address
return key. Salem MA 01970
e.Cityrrown f.State g.Zip Code
978/744-1119
h. Phone Number
2. Property Owner(if different):
a. First Name b. Last Name c.Company
d. Mailing Address
e.City/Town f.State g.Zip Code
h. Phone Number
3. Project Location:
136 Bayview Avenue Salem
a.Street Address b.Cityriown
To calculate B. Fees
filing fees, refer
to the category Notice of Intent(Form 3) or Abbreviated Notice of Intent(Form 4):
fee list and
examples in the The fee should be calculated using the following six-step process and worksheet. Please see
instructions for
WPA Form 4 Instructions before filling out worksheet.
(Abbreviated
Notice of Intent). Step lrrype of Activity: Describe each type of activity 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/Individual Activity Fee: Identify each activity fee from the six project categories listed in the
instructions.
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 5/1rotal 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.
wpaform4.doe•Pee Transmittal Fon•rev.10/14104 Page 1 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (continued)
Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity
of Activities 3/Individual Fee
Activity Fee
Category 1 1 1 $110
Step 511rotal Project Fee: $110
Step 6/Fee Payments:
Total Project Fee: $110
a.Total fee from Step 5
State share of filing fee: $42.50
b. 1/2 total fee less$12.50
City/Town share of filling fee: $67.50
c. 1/2 total fee plus$12.50
C. Submittal Requirements
a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee,
payable to the Commonwealth of Massachusetts.
Department of Environmental Protection
Box 4062
Boston, MA 02211
b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent;
a copy of pages 1 and 2 of this form; and the city/town fee payment.
c.) To DEP Regional Office (see Instructions): Send the Notice of Intent or Abbreviated Notice of
Intent; a copy of pages 1 and 2 of this form; and a copy of the state fee payment. (E-filers of
Notices of Intent may submit these electronically.)
wpaform4.Eoc•Fee Transmitlal Form•rev.10114/04 Page 2 of 2
AFFIDAVIT OF SERVICE
Under the Massachusetts Wetlands Protection Act
I, Lisa Brooke,hereby certify under the pains and penalties of perjury that on June�' 4)
2005 I gave notification to abutters in compliance with the second paragraph of
Massachusetts General Laws Chapter 131, Section 40, and the DEP Guide to Abutter
Notification dated April 8, 1994, in connection with the following matter:
The applicant has filed a Notice of Intent to undertake home renovations at 136 Bayview
Avenue in Salem, MA..
The form of the notification, and a list of the abutters to whom it was given and their
addresses are attached to the Affidavit of Service.
30`0
Name Date
COMMONWEALTH OF MASSACHUSETTS
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Figure 3
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Fgure 4
FEMA F1. PW.MRP
1. Notice of Intent File Fees
Massachusetts Wetlands Protection Act M.G.L. c. 131, 40
Category Activities and Fees
Category 1 (Fee for each activity is$110):
B ty
a.) work on single family lot;addition,pool, etc.;
b.) site work without a house;
C.) control vegetation;
d.) resource improvement;
e.) work on septic system separate from house;
f.) monitoring well activities minus roadway;
g.) new agricultural or aquacultural projects.
Category 2(Fee for each activity is$500):
a.) construction of single family house;
b.) parking lot;
C.) beach nourishment;
d.) electric generating facility activities;
e.) inland limited projects minus road crossings and agriculture;
f) each crossing for driveway to single family house;
g.) each project source(storm drain)discharge;
It.) control vegetation in development;
i.) water level variations;
j.) any other activity not in Category 1,3,4,5,or 6;
k.) water supply exploration.
Category 3(Fee for each activity is$1,050)
a.) site preparation(for development)beyond Notice of Intent scope;
b.) each building(for development)including site;
C.) road construction not crossing or driveway;
d.) hazardous cleanup;
e.) water supply development.
Category 4(Fee for each activity is$1,450)
a.) each crossing for development or commercial road;
b.) dam,sluiceway,tidegate(safety)work;
C.) landfills operation/closures;
d.) sand and gravel operations;
e.) railroad line construction;
f) bridge;
g.) hazardous waste alterations to resource areas;
It.) dredging;
i.) package treatment plant and discharge
j.) airport tree clearing;
k.) oil and/or hazardous material release response actions.
Category 5(Fee is$4 per linear foot; total fee not less than$100 or more than$2,000):
a.) work on docks,piers,revetments,dikes,etc.(coastal or inland).
Category 6(Fee is$2 per linear foot;but not to exceed$200 for activities associated with a single family house of$2,000 for all
other activities)
a.) boundary delineations for Bordering Vegetated Wetlands.
2. Request for Determination of Applicability
a.) Local filing fee only$25.00
City of Salem Department of Planning & Community Development
Check/Cash Receipt and Tracking Form
Please complete Norm and make two copies.
Date Received 05
Amount Received l$ 6:� s a
Form of Payment Check ❑ Cash
CHECK PAYMENTS:
write check number
CASH PAYMENTS:
write client initials , K
0 Sign Permit Application Fee
Conservation Commission Fee
Payment received for
what Service? 0 Planning Board Fee
0 Old Town Hall Rental Fee
a Other
Name of staff person
receiving payment
Additional Notes 2'
DANIEL E ROWE_ 19a0p 1519
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,136 BAY,VIEW AVE " W
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PAY TO THE C O y
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Original Check and Form: DPCD Finance
Copy 1: Olent
Copy 2: Application File