64-422 - 60 BAYVIEW AVENUE - CONSERVATION COMMISSION 0,✓l tc✓
Massachusetts Department of Environmental ProtecticRECEIVED
Bureau of Resource Protection - Wetlands DEC U 4 200PEP File Number:
WPA Form 8B — Certificate of Compliance 064-0422
�
Massachusetts Wetlands Protection Act M.G.L. c. 131, §4 DEPT. Of PLAN IN videG 'PIo d by DEP
OMMUNI YDEVELOPMENT
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the Richard and Susan Bresnahan
computer, use Name
only the tab
key to move 60 Bay View Avenue
your cursor- Mailing Address
do not use the Salem MA 01970
return key. Cityfrown _ - State Zip Code
2. This Certificate of Compliance is issued for work regulated by a Superseding Order of Conditions
86 issued to:
+� Richard and Susan Bresnahan
® Name
°0 12/08/2006 064-0422
Dated DEP File Number
3. The project site is located at:
60 Bay View Avenue Salem
Street Address City/Town
Map 04 Parcel 139
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Property Owner(if different)
Essex 18086
County Book Page
#121 '
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent, on:
November 28, 2007
Date
B. Certification
Check all that apply:
® Complete Certification: It is hereby certified that the work regulated by the above-referenced
Order of Conditions has been satisfactorily completed.
❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the
above-referenced Order of Conditions have been satisfactorily completed. The project areas or work
subject to this partial certification that have been completed and are released from this Order are:
wpaform ft doc•rev.10 19 05 Page 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 064-0422
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
B. Certification (cont.)
❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced
Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no
longer valid. No future work subject to regulation under the Wetlands Protection Act may
commence without filing a new Notice of Intent and receiving a new Order of Conditions.
❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any
conditions contained in the Final Order, such as maintenance or monitoring, that should continue
for a longer period).
Condition Numbers:
wpaform Bb.doc•rev.10 19 05 Page 2 of 5
C. Authorization
Issued by:
Northeast Regional Office
Massachusetts Department of Environmental Protection Regional Offce Date of Issuance
This Certificate must be signed by the Section Chief or his/her designee and a copy sent to the
applicant.
Signature:���
Section Chief/
C. Authorization (cont.)
Notary Acknowledgement
Commonwealth of Massachusetts County of (Yl I ddI ese-V
On this ';tvil
Of
Day Month Year
before me, the undersigned Notary Public, personally appeared
Rachel Freed Acting Section Chief
Name of Document Signer
proved to me through satisfactory evidence of identification, which was/were R
noinn
Description of evi ence 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 Section Chief Northeast Regional Office
MassDEP Regional Office
�l
Signa r of Notary<P�u�b�li�c, -. ��
[:1171st? t ,ic,,
Printed Name of Notary
Public
U My commission expires:February So 2010
My Commission Expires(Date)
Place notary seal and/or any stamp above sign WM—Qf�
wpaform 5b.doc•rev.10_19_05 Page 3 of 5
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of
Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Department of Environmental Protection Northeast Regional
Office (see address information on next page)_
To:
Northeast Regional Office
DEP Regional Office
Please be advised that the Certificate of Compliance for the project at:
60 Bay View Avenue 064-0422
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpafarm 6b,doa•rev.10_19_05 Page 4 of 5
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGIONAL OFFICE
205B Lowell Street, Wilmington, MA 01887 • (978) 694-3200
MITT ROMNEY
Governor per' ROBERT W.GOLLEDGE,.Jr.
�` C, ��E® Secretary
KERRY HEALEY Lam, f^ h6n C ARLEEN O'DONNELL
Lieutenant Governor DEC 1 1 2006 Commissioner
DEC Q 82006 COMMUNITYDEVELIOPMENT
Ms. Susan Bresnahan RE: WETLANDS/SALEM
60 Bay View Avenue DEP File 9064-0422
Salem, MA 60 Bay View Avenue
Superseding Order of Conditions/Approval
Dear: Ms. Bresnahan:
The Metropolitan Boston/Northeast Regional Office of the Department of Environmental
Protection, Wetlands and Waterways Program ("MassDEP"), has completed its review of the
above referenced filing in preparation to issuing a Superseding Order of Conditions. Pursuant to
the provisions of the Wetlands Protection Act(the Act) under Massachusetts General Law,
Chapter 131, Section 40, MassDEP is issuing the enclosed Superseding Order of Conditions
allowing the project based upon; 1) information contained in the file to date and plans submitted;
2) information gathered during-the September 7, 2006 on-site inspection by MassDEP; and 3)
reasons MassDEP has deemed necessary to protect the statutory interests identified in the Act.
MassDEP's review of the file and site inspection confine that the project site contains the
following Areas Subject to Protection'of the,Act: Coastal Bank, Coastal Beach and Land Under
Ocean. These areas are significant to the statutory interests listed on the attached form.
The project site is located at 60 Bay View Avenue in Salem. The proposed project
involves the re-construction of an existing seawall and a new twenty-eight (26) foot seawall
extension. The activity will occur within the 100 foot Buffer Zone to Coastal Beach and on the
Coastal Bank.
On July 27, 2006 the Salem Conservation Commission("SCC") issued an Order of
Conditions approving the project. Through this decision the Conservation Commission found
that the proposed project met the interests under the Wetlands Protection Act and Regulations.
The Order of Conditions was appealed by the MassDEP principally because of
MassDEP's belief that the proposed project failed to meet performance standards under 310
CMR 10.30 (Coastal Bank) and 10.27 (Coastal Beach).
This information is available in alternate format.Call Donald M.Gomes,ADA Coordinator at 617-556-1057.TDD Service 1-978-694-3492.
http://ww�ws.mass.gov/dep•Fax(978)694-3499
`tj Printed on Recycled Paper
Page 2
SOC File#064-0422
On September 7, 2006, personnel from MassDEP and the Coastal Zone Management
Office("CZM") conducted an inspection of the site. Based on the agencies comments, the
applicant has revised the plans. The changes include redesign of the sections of the seawall to be
re-constructed and removal of the proposed twenty-eight (28) foot seawall extension in order to
eliminate impacts to the Coastal Beach.
Based on the record, site visit, and consideration of all issues raised through the appeal it
is MassDEP's finding that the project, as proposed meets the performance standards and should
be permitted.
MassDEP is of the opinion that the enclosed Superceding Order of Conditions allowing
the project serves to protect the interests of the Wetlands Protection Act, Massachusetts General
Laws, Chapter 131, Section 40. Please be advised that it is MassDEP's responsibility to address
only those interests identified in the Act. Any more protective wetland bylaws or policy adopted
by an individual city or town can not be enforced by MassDEP.
MassDEP reserves the right, should there be further proceeding in this case; to raise
additional issues and present further evidence as may be appropriate. Should any party dispute
these findings,please consult the language in the Order, which specifies your rights and
procedures for appeal.
Should you have any questions,please contact Jill Provencal at (978) 694-3250.
Lely,
Richard Tomczy Ynvironm
E. Provencal
Section Chief ental Analyst
Wetlands and Waterways Program Wetlands and Waterways Program
cc: Salem Conservation Commission
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5A — Superseding Order of Conditions 064-0422
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40'
and Wetland Regulations 310 CMR 10.00
A. General Information
Important: Northeast Regional Office
When filling out 1. From: Regional Office of the Massachusetts Department of Environmental Protection("MassDEP")
forms on the
computer,use 2. This issuance is for(check one): a. ® Superseding Order of Conditions
only the tab key b. ❑ Amended Superseding Order of Conditions
to move your -
cursor-dont 3.To: Applicant:
use the return
key. Susan Bresnahan
a. First Name b.Last Name
60 Bay View Avenue
ISI c.Mailing Address
Salem MP. 01970
e.City/Town I.Slate
g.Zip Code
4. Property Owner(if different from applicant):
Same
a.First Name b.Last Name
c.Mailing Address
d.City/Town e.State f.Zip Code
s. Project Location:
60 Bay View Avenue Salem _
a.Street Address b.City/Town
04 139
a 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 18086 121
a.County b.Book c.Page
d.Certificate(if registered land) -
7. Dates: June 8, 2006 July 27, 2006 July 27, 2006
a.Date Notice of Intent Filed b.Date Public Hearing c.Date of DOC Issuance
8. Final Approved Plans and Other Documents (attach additional plan or document references as
needed):
"Plans Accompanying Petition of Richard O. &Susan D. Bresnahan for existing walls, walk,pad,
riprap and tidelands at#60 Bay View Avenue On Juniper Cove in Salem MA'
Daniel J. Lynch and Structures North Daniel J. Lynch, P.E. No. 23331
Consulting Engineering, Inc. c.signed and Stamped by
12/01/2006 Varies
d. Final Revision Date e.Scale
f.Additional Plan or Document Title g.Date
9. Total WPA Fee Paid: $468.00 $221.50 $246.50
a.Total Fee Paid b.State Fee Paid a Cityrrown Fee Paid
w fom a.doc• rev.12/SM6
Page 1 of 10
Massachusetts Department of Environmental Protection
` Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5A — Superseding Order of Conditions 064-0422
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Wetland Regulations 310 CMR 10.00
B. Findings
t. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent, the Order of Conditions, and
information submitted with the request for the Superseding Order of Conditions, MassDEP 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. MassDEP 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. MassDEP orders that all work shall be performed in accordance witt
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 Superseding 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 Coiiditions 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 Only
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank - a.linear feet c.linear feet
b.linear feet d.linear feet
s. ❑ Bordering Vegetated
Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.cu.yd dredged f.cu.yd dredged '
wpaform5a.doc• rev.12/5/06 - - Page 2 0(10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
15 WPA Form 5A — Superseding Order of Conditions 064-.0422
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Wetland Regulations 310 CMR 10.00
B. findings (cont.)
Proposed Permitted Proposed Permitted
Resource Area 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 e.cubic feet f.cubic feet
8. ❑ Isolated Land
Subject to Flooding asquare feet a.square feet .
Cubic Feet Flood Storage e.cubic feet f.cubic feet e.cubic feet f.cubic feet
- 9. ❑ Riverfront area a.total square ft a.total square ft
Sq It within 100 It c.square feet c.square feet
Sq ft between 100-200 It e.square feet e.square feet
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
10. ❑ Designated Port
Areas Indicate size under Land Under the Ocean, below
11. ❑ 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.ay nourishmt. d.cty nourishmt.
14. ❑ Coastal Dunes a. Square feet b.Square feet c.dy noudshmt. d.cty nourishmt
15. ® Coastal Banks . Approx 100 Approx 100
a.Linear feet b.Linear feet c.cty nourishmt
16. ❑ Rocky Intertidal
Shores a.Square feet b.Square feet
17. ❑ Salt Marshes a. Square Feet b.Square feet c.Square feet d.Square feet
18. ❑ Land Under Salt
Ponds a.Square feet 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
wpaform5a.dx• rev.14/5/06
Page 3 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
4' WPA Form 5A — Superseding Order of Conditions 064-0422
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Wetland Regulations 310 CMR 10.00
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. If this Order constitutes an Amended Superseding Order of Conditions, this Amended Superseding
Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the
Superseding Order will expire on unless extended in writing by MassDEP.
7. 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.
8. 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 MassDEP have been completed.
9. 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 the DEP Regional Office 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.
10. 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 DEPT
"File Number 062-0422 "
w fom a.dm• rev.1215/06
Page 4 of 10
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 5A — Superseding Order of Conditions 064-0422
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
and Wetland Regulations 310 CMR 10.00
C. General Conditions Under Massachusetts Wetlands Protection Act
11. Where the MassDEP is requested to issue a Superseding Order, the Conservation Commission shall
be a party to all agency proceedings and hearings before MassDEP.
12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A)to the MassDEP.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 above shall require the applicant to inquire of the
MassDEP in writing whether the change is significant enough to require the filing of a new Notice of
Intent.
15. The Agent or members of the Conservation Commission and the MassDEP 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 MassDEP for that evaluation.
16. 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.
17. 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 Certificat,
of Compliance has been issued by the Massachusetts Department of Environmental Protection.
18. 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 immediatell
control any erosion problems that occur at the site and shall also immediately notify MassDEP, 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 ha;
been approved by this Order.
19. Ail work associated with this Order is required to comply with the Massachusetts Stormwater Policy
Standards.
Brief Project Description of Permitted Activities:
Re-construction and repairs to existing seawall
Special Conditions(See the attached sheet(s)for additional conditions numbered 20 through M).
v,pa(orm5a.Uoc° rev.12/5/06
Page 5 0/10
SUPERSEDING ORDER OF CONDITIONS
DEP File Number 064-0422
Special Conditions
20. At least forty-eight (48)hours prior to the commencement of any activity on this site, there shall be a pre-construction
meeting between the project supervisor, the contractor responsible for the work, MassDEP personnel and/or a
member of the Salem Conservation Commission or it's Administrator to ensure that the requirements of the Order of
Conditions are understood. The erosion control line shall be adjusted, if necessary, during the pre-construction
meeting. Erosion control shall include the placement of a floating boom with silt curtain along the length of the
shoreline limit of work. A construction plan and schedule shall at that time also be submitted for review and approval
by MassDEP personnel and a member of the Salem Conservation Commission or it's Administrator.
21. No clearing of vegetation, including trees, or disturbance of soil shall occur prior to the pre-construction meeting.
22. All debris, fill and excavated material shall be stockpiled at a location far enough away.from the wetland resource
areas to prevent sediment from entering the wetland resource areas.
23. The applicant shall be responsible for inspecting the erosion and sedimentation control devices after each stormevent
and repaired or replaced as necessary.
24. The area of construction shall remain in a stable condition at the close of each construction day.
25. 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 vegetation cover, using sufficient top
soil to assure long term stabilization of disturbed areas.
26. Cement trucks shall not be washed out in any wetland resource area 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.
27. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines, cylinders or any other components
shall be fixed immediately.
28. Equipment containing hydraulic fluid is to be stored outside the buffer zone of the resource area, at the end of each
work day.
29. Applicant shall have petroleum spill kits on site at all times during construction.
wpaform5a,d c• rev.12/5ro6 Page 6 or 10
D. Findings Under Municipal Wetlands Bylaw or Ordinance
To the extent that the Order is based on a municipal bylaw or ordinance, and not on the
Massachusetts Wetlands Protection Act or regulations, MassDEP has no jurisdiction to supersede thf
local by-law order.
E. Issuance
This Order is valid for three years from the date of issuance, unless otherwise specified as a special
condition pursuant to General Conditions #4 or#6..
I' Ji d ,ssac tts Department of Environmental Protection: .
l C(�t(( �Uyyf /� �PPC�rYlf32(� g
Wetland Secfion Chief LI Date
Notary Acknowledgment
Commor:wealth of Massachusetts County of � �' -
On this of � C2!� —_
Day onth - Year
beforelr�e, a un ersigned Notary Public, personally appeared
f 1\c�j-�
Name of Document Signer -
Proved to me through satisfactory evidence of identification, which was/were
��z� ll� dl►�n
Description of evidefte bf identifiption
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.
ign u`of Notary Public
t '
Name of Np Public ' S 2OlO
My commte 1 CPO . bmary ,
ommission Expires(Date)
w aform5a.doc• rev.12/5/06
Page 7 of 10
F. Appeals
For Notices of Intent filed BEFORE March 1, 2005:
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 file a Notice of Claim for an Adjudicatory Appeal (Notice of Claim) pursuant to
M.G.L. c. 30A, sec. 10.
Complete adjudicatory appeal applications require the submittal of a Notice of Claim and an
Adiudicatory Appeal Fee Transmittal Form. A completed Fee Transmittal Form (available at:
http://www.mass.gov/oaa/feetrans.htm) including an appeal fee payment of$100.00, must be mailed
to the DEP Lockbox at:
Department of Environmental Protection
Box 4062
Boston, MA 02211
The Notice of Claim (including a copy of the $100.00 appeal fee payment check and a copy of the Fe
Transmittal Form) must be sent by certified mail or be hand delivered to MassDEP within ten busines:
days after the date of issuance of this Superseding Order or Determination. The Notice of Claim mus
be addressed to:
Case Administrator
Department of Environmental Protection
One Winter Street—2nd Floor
Boston, MA 02108
A copy of the Notice of Claim shall, at.the same time, be sent by certified mail or hand delivery to the
Conservation Commission, the applicant, and any other parties involved in the proceeding.
The Notice of Claim shall clearly and concisely set forth the facts related to the proceeding, the
reasons the Superseding Order or Superseding Determination is considered to be inconsistent with
310 CMR 10.00 and does not contribute to the protection of the interests identified in M.G.L. c. 131,
§40, and the relief sought through the adjudicatory appeal, including the changes desired in the
Superseding Order or Superseding Determination. The Notice of Claim must include a copy of the
document subject to the appeal and set forth: MassDEP Wetlands File Number; the name of the
applicant and address of the project; the complete name, address, telephone and telefax (if any)
numbers of the party filing the request, and, if represented by counsel, the name, address, telephone
and telefax (if any) numbers of the attorney; the names, addresses, telephone and telefax(if any)
numbers of all other parties, if known; and a statement that a copy of the request has been sent to the
applicant, the conservation commission and each other party or representative of such party, if
known. In addition, any person filing a Notice of Claim must also set forth sufficient facts to
demonstrate their status as a person aggrieved, an abutter, or a ten residents group. Failure to submi
all necessary information may result in a dismissal by MassDEP of the Notice of Claim for an
Adjudicatory Hearing. Any ten persons may intervene in an adjudicatory proceeding pursuant to
M.G.L. c. 30A. s. 10A.
wpatomSa.do • rev.12/5/06 Page 8 of 10
F. Appeals (cont.)
For Notices of Intent filed AFTER March 1,2005:
The applicant or landowner, the conservation commission, any person aggrieved by this Superseding
Order or Determination if previously a participant in the permit proceedings, any owner of land
abutting the land subject to this Superseding Order or Determination if previously a participant in the
permit proceedings, or any ten residents of the city or town where the land is located, if any one
resident was previously a participant in the permit proceedings, are hereby notified of their right to file
a Notice of Claim for an Adjudicatory Appeal (Notice of Claim)pursuant to M.G.L. c. 30A, sec. 10.
Previous participation in the Superseding Order or Determination permit proceedings means the
submission of written information to the Conservation Commission prior to the close of the public
hearing, filing a Request For A Superseding Order or Determination with MassDEP, or providing
written information to MassDEP prior to issuance of a Superseding Order or Determination.
Complete adjudicatory appeal applications require the submittal of a Notice of Claim and an
Adiudicatory Appeal Fee Transmittal Form. A completed Fee Transmittal Form (available at:
hqp,/iv.f�m.mass.gov/oaai'feetrans.htm)including an appeal fee payment of$100.00, must be mailed
Department of Environmental Protection
Box 4062
Boston, MA 02211
The Notice of Claim (including a copy of the $100.00 appeal fee payment check and a copy of the Fe
Transmittal Form) must be sent by certified mail or be hand delivered to MassDEP within ten busines
days after the date of issuance of this Superseding Order or Determination. The Notice of Claim mus
be addressed to:
Case Administrator
Department of Environmental Protection
One Winter Street—2"d Floor
Boston, MA 02108
A copy of the Notice of Claim shall, at the same time, be sent by certified mail or hand delivery to the
Conservation Commission, the applicant, and any other parties involved in the proceeding.
The Notice of Claim shall clearly and concisely set forth the facts related to the proceeding, the
reasons the Superseding Order or Superseding Determination is considered to be inconsistent with
310 CMR 10.00 and does not contribute to the protection of the interests identified in M.G.L. c. 131,
§40, and the relief sought through the adjudicatory appeal, including the changes desired in the
Superseding Order or Superseding Determination. The Notice of Claim must include a copy of the
document subject to the appeal and set forth: MassDEP Wetlands File Number; the name of the
applicant and address of the project; the complete name, address, telephone and telefax(if any)
numbers of the party filing the request, and, if represented by counsel, the name, address, telephone
and telefax (if any) numbers of the attorney; the names, addresses, telephone and telefax(if any)
numbers of all other parties, if known; and a statement that a copy of the request has been sent to th(
applicant, the conservation commission and each other party or representative of such party, if
known. In addition, any person filing a Notice of Claim must also set forth sufficient facts to
demonstrate their status as a person aggrieved, an abutter, or a ten residents group, and provide
documentation to demonstrate previous participation, where required. Failure to submit all necessary
information may result in a dismissal by MassDEP of the Notice of Claim for an Adjudicatory Hearing.
Any ten persons may intervene in an adjudicatory proceeding pursuant to M.G.L. c. 30A, s. 10A.
wpaform5a.doc• rev.IZ5/06
Page 9 0!10
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 9 of this form shall be submitted to the DEP Regional Office listed
below.
Regional Office of the Massachusetts Department of Environmental Protection
Detach on dotted line, have stamped by the Registry of Deeds and submit to MassDEP.
------------------- ---- ---- ------------------------ -- ------- ---- ------ -------
To:
Regional Office of the Massachusetts Department of Environmental Protection
Please be advised that the Order of Conditions for the Project at:
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 -
waform5a.dm• rev.1D5ro6 -� - Page 10 of 10
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
NORTHEAST REGIONAL OFFICE
205B Lowell Street, Wilmington, MA 01887 • (978) 694-3200
MITT ROMNEY RECE" �J 666���...�® STEPHEN R.PRITCHARD
Governor qJ
Secretary
KERRY HEALEY
Lieutenant Governor AUG 16 2006 ROBERT W.GOLLEDGE,Jr.
Commissioner
EPT OF PLANNING&
AUG 14 2006 C0�MUNITY DEVELOPMENT
Richard and Susan Bresnahan WETLANDS/SALEM
c/o Susan St. Pierre DEP File#064-0422
74 Bay View Avenue NOTICE OF.APPF A11
Salem, MA 01970 60 Bay View Avenue
Dear Mr. and Mrs. Bresnahan:
Under the provisions of the Wetlands Protection Act,Massachusetts General Laws,
Chapter 131, Section 40, and upon its own initiative, the Metropolitan Boston/Northeast
Regional Office of the Massachusetts Department of Environmental Protection ("MassDEP")
hereby appeals the above referenced project filing. This intervention is being made in
accordance with 310 CMR 10.05(7)(c) as is evidenced by the postmark of the Order of
Conditions (being July 31, 2006). The MassDEP shall assume jurisdiction over the above-
referenced project and will make a determination as to whether those areas on which the
proposed work is to be done are significant to the statutory interests identified in the Act.
The MassDEP is of the opinion that the project as proposed and the Order of Conditions
issued by the Salem Conservation Commission is inconsistent with the Wetland Protection Act
Regulations; 310 CMR 10.00. The MassDEP's specific concerns regarding the project proposal
and the Order of Conditions include failure of the project to meet performance standards under
310 CMR 10.30 (Coastal Bank) and 10.27 (Coastal Beach).
Based on the information and plans currently contained in the file, and the Order of
Conditions issued, the MassDEP has identified that impacts have not been adequately evaluated,
avoided, minimized, or mitigated.
Although the MassDEP has determined that additional information is needed, in an effort
to conserve time and resources of all parties, a specific request for additional information will not
be made until the MassDEP staff has reviewed the site.
In preparation to the issuance of a Superseding Order of Conditions, the MassDEP will
conduct a site evaluation with you and all concerned parties. The purpose of this site evaluation
is to confirm that the area is significant to the interests of the Act, to informally discuss those
issues relevant to the referenced project, and to evaluate any additional information the
This information is available in alternate format Call Donald M.Comes;ADA Coordinator at 617-556-1057.TDD Service 1-978-694-3492.
http://ww��ws.mass.gov/dep•Fax(978)694-3499
Gtr Pnnted on Recycled Paper
MassDEP may request to be submitted. Ms. Jill Provencal from the Wetlands and Waterways
Program will be on site Thursday, September 7, 2006 at 9:00 AM.
In the event that the MassDEP determines that the project as originally proposed protects
the interest of the Act and complies with its regulations, the MassDEP reserves the right to
withdraw its appeal and revert jurisdiction back to the Salem Conservation Commission.
No activity may commence on any portion of the project site subject to the
jurisdiction of M.G.L. 131, Section 40, until the MassDEP issues a Superseding Order of
Conditions and all appeal periods have elapsed, or in the alternative, the MassDEP
withdraws its appeal.
If you have any questions regarding this matter, you may contact Ms. Jill
Provencal at(978) 694-3250.
Sincerely,
Richard Tomczyk
Section Chief
Wetlands Program
cc: Salem Conservation Commission
Richard and Susan Bresnahan
0
CITY OF SALEM
CONSERVATION COMMISSION
July 31, 2006
Richard and Susan Bresnahan
60 Bay View Avenue
Salem, Massachusetts 01970
Re: Order of Conditions—DEP #64-422
60 Bay View Avenue, Salem, Massachusetts
Dear Mr. and Mrs. Bresnahan:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the 10-day appeal period (as of August 7, 2006), this document and the
attached Special Conditions must be recorded at the Essex County Registry of Deeds (36
Federal Street, Salem, MA). Once recorded, please return a copy of Page 9 of the Order,
which will indicate to the Commission that the document has been recorded.
As indicated in the Order, prior to any work commencing, this Order must be recorded, a
sign shall be displayed showing DEP File# 64-422 within public view, and contact me at
least 48 hours prior to any activity to schedule a pre-construction meeting to review the
Order with your hired contractor.
If you have any further questions, please feel free to contact me 978.745.9595 x 311.
Sincerely,
r
CareY q
Du es
Conservation Agent/Staff Planner
Enclosures
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 . TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM
Massachusetts De
\ Bureau of Department of
ResoEnvironmental Protection
}I� urce Protection -
WPA Form 5 _ Wetlands
Massachusetts Wetlands
OP�tle OrderOfDEP File Numb,
ditions
A. General Infor M.G.L. c. 131 §40
64-42
Impotent: nlatlon
When filling From: The O;
Of Salem
-; out forms on 1. Conserv
the Computer, 2. This Issuance is for ation Commission
use only the
tab key to (check one): a. ® Order
move your 3. Toy Applicant: of Conditions
cursor-do not b' Amended
use the return Susan Order of Condition;
key, a.First Name Bresnanhan
s<# b.East Name
60 ea View Avenue
d. Mailing Address c.Company
`SSI Salem
e. Crt;ITown
ae„ MA
a. Property Owner
rr . ( different from .
01970ate
aFNmapplicant): 9Ziaco
de
it b. Last Name
I d. Mailing Address c•Company
e. City?own
5, Project Location:
t.state
60 Ba View Avenue 9•Zip Code
a,street Address
Ma 04 Parcel 139 Salem
a Assessors Map/Plat Nu b. City?own
Latitude mbar
electronic filers will cde, if known d. Parcel/Lot
will click for (note: Number
GIS locator): 42 31.982 N
e. Property recorded
at the Re e.
Latitude 010 52.p77 W
Essex 91stry of Deeds for(attach f Lon
additional information 9rtutle
a.county mation if
18086 121 more than one parcel):
C.Book b.CertHicate(if registered land)
7. Dates: June 8, 2006
a.Date d' Page
8. Final A Notice of Intent Filed Jul 27, 2006
pproved Plans and b' Date P 2
needed): Other Docu Hearing Closed Jul 27, 2006
License PI ments (attach additional C-0 are of Issuance
a. Plan Title an 5222 Plan or document references as
DJ�201
b.Prineers and Land
SUrve Ors
JunDaniel J. L nch
d. Final Revision Date c. s�9netl and
1,r=20' Stamped by '..
I.Additional Plan or Document e.scale
TRIe
9• Date --
tlorrt$.dq, rev.3/1/0$
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 5 — DEP File Number:
Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 64-422--------
B.
B. Findings
I. 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. ED Public Water Supply b
i ® Land Containing Shellfish a
d. ❑ Prevention of Pollution
❑ Private Water Supply e. ® Fisheries f. II
® Protection of Wildlife
g• ❑ Groundwater SupplyHabitat
n.
® Storm Damage Prevention i.
z. This Commission hereby finds the project, as proposed ® Flood Control
p posed, 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
accordance with the Notice of Intent referenced above, the following General Conditions, and any
llowi
other special conditions attached to this Order. To the extent that the fong Gond tio
differ from the plans, specificatiin
dmodify or
ons, 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
wetland regulations. Therefore, work on this project
of Intent is submitted which provides me of 90 forward
standards set forth in the
P ) ct may not go forward unless and until a new Notice
final Order of Conditions is issued. A descriptionholf Thee adequate c protect these interests, and a
Proposed work cannot meet is attached to this Orderpertormance standards which the
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 lacki
why It is necessary is attached to this Order as per 310 CMR 10.05 6 c . ng and
Inland Resource Area Impacts: ( )� )
Check all that apply below. (For Approvals Only)
3. ❑ Buffer Zone Impacts: Shortest distance between
wetland boundary(if available) limit of project disturbance and
Resource Area Proposed a.linea---r feat
Permitted Proposed
Alteration AltPermitted
a. El Bank Alteration Replacement Replacement
5. ❑ Borderinga.linear— b.linea —
Vegetated c. nea—lir t– e�
Wetland d.linear{eel
a.squar—a feet
b.square feel c.squa— r teat —
s. ❑ Land Under W d.squat
aterbodies a.squar-- e�–
and Waterways bb.squa
c,squa a t tl.squa
refeet
wyaarm6.aoc• e.cu Yd dredged rr gad f.cu Yd dredged r ed
rev.3r1/OS
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 64-422
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
7. El Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage ecubic feet f.cubic feet g.cubic feet h.cubic feet
8. ❑ Isolated Land Subject
to Flooding a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet T cubic feet
9. ❑ Riverfront area a.total sq.feet b.total sq.feet
Sq It within 100 It c.square feet d.square feet e.square feet f.square feet
Sq It between 100-200 ft square feet h.square feet I.square feet
9 q q q 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
11. ❑ 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
® Coastal Beaches 70
13. a.square feet -b.square feet c.Gy nourishmt. d.Gy nourishmt.
14. ❑ Coastal Dunes a.square feet b.square feet c.
q q rdy nourishmt. d.Gy nourishmt
15. ❑ Coastal Banks a.linear feet b.linear feet
18. ❑ Rocky Intertidal Shores a.square feet b.square reel
17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt Ponds a.square teat b.square feet
c.cu.yd dredged d.cu.yd dredged
19. ❑ Land Containing
Shellfish a.square c
feet b.square feet .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
wpatorn 6.dm• rev.3/1/05 Page 3of9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-422
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.
6. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP'J
"File Number 64-422 "
w aform5.doc• rev.311/05 Page 4 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-422
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 Sheet
space for
additional
conditions,
select box to
attach a text
document ® —
v atorm5.dm• rev.311105 Page 5 o19
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 - Order of Conditions 64-422
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
2. The City of Salem 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 c. The special conditions relating to municipal ordinance orb law are as follows:space for
additional
1 conditions,
select box to
attach a text
document ❑
w atorm .doc• rev.3/1/05 Page 6 o19
LlMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 64-422
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 July 27, 2006
condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance
Please indicate the number of members who will sign this form: four (4)
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 Protectio Regional Office, if not filing electronically, and the property owner, if different
from applicant.
Signatures:
Notary Acknowledgement/
Commonwealth of Massachusetts County of Essex
On this 27 of July 2006
Day Month Year
Before me, the undersigned Notary Public, Kevin Cornacchio, David Pabich, Michael Blier,
personally appeared & Kevin Carr
proved to me through satisfactory evidence of identification, which was/were
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
e* Notary Public
I�PUf�lj Carnmo We:of Massadmsella r
My Commission Expires
April 27,2012 - ( 'L A
Si re of Not9N Pu is
i
Fr k Taormina
Printed Name of Notary Public .
Place notary seal and/or any stamp above April 27, 2012
My Commission Expires(Date)
This Order is issued to the applicant as follows:
❑ by hand delivery on [ by cert'Ifi d mail, return receipt requested, on
31 0(0
Date Date
w afofni&d c• rev.3/1/05 Page 7 of 9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 5 — Order of Conditions 64-422
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 Departments 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.
wpaform5.ox• rev.311/05 Page 8 of 9
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 5 - Order of Conditions 64-422
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:
60 Bay View Avenue 64-422
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 aforni&dw• rev.ar1/05 Page 9 of
Attachment to Order of Conditions # 64-422
Page 1of 5
SALEM CONSERVATION COMMISSION
DEP FILE #64-422
60 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 repair and reconstruction of two existing seawalls located at 60 Bay View Avenue. The
approved work includes the reinforcement and re-facing of an existing seawall 77 feet long extending along the
shoreline on the southeasterly side of the property, including an addition of a 10 inch face and a 12 inch height
increase of reinforced concrete, a 28 foot by 5 foot extension to be added along the easterly end in front of the
garage, and in place reconstruction using reinforced concrete that will add an additional 12 inches to an existing 40.7
foot long by 2.5 foot granite block wall faced with concrete that extends perpendicular to the shoreline. A total 70
sq ft of Coastal Beaches and Land Subject to Coastal Storm Flowage will be impacted for the above referenced
project. Construction activities are to occur during low tide. All concrete and associated materials used are to be
removed and properly disposed of off site,while existing rock and granite block is to be reused when possible. The
mini-excavator used to complete the referenced work will access the beach using the public ramp located next to the
garage.
GENERAL CONDITIONS
I. This Order of Conditions must be recorded in its entirety(all 5 pages) at the Essex County Registry of
Deeds or the Land Court for the district in which the land is located, after the expiration of the 10-day
appeal period and within 30 days of the issuance. A copy of the recording information must be
submitted to the Salem Conservation Commission 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#64-422, and not placed on
a living tree.
y Attachment to Order of Conditions # 64-422
A Page 2of S
�;Two
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. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers
to act on its behalf in administering and enforcing this Order.
7. The Commission or its Agent,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.
8. 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.
9. 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
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) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A ss7
and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the
septic system within 100 feet of wetlands shall be submitted to the Commission prior to
construction initiation.
(4) Design Requirements for Construction in Floodplains under the State Building Code (780 CMR
744.).
10. If there are conflicting conditions within this Order, the stricter condition(s) shall rule.
11: 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.
12. The Commission or its Agent 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
Plans Accompaying Petition of Richard O. & Susan D. Bresnhan for Existing Walls, Walk, Pad, Rip
Rap, &Tidelands Displacement#60 Bay View Ave.,on Juniper Cove in Salem, MA 01970
(Tule)
June 20, 1995
(Dated)
Attachment to Order of Conditions # 64422
Page 3of 5
a
Daniel J. Lynch
(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
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.
PRIOR TO CONSTRUCTION
17. 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.
18. 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.
19. 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.
20. There shall be_hay bales and wooden stakes 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 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.
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.
y "$ Attachment to Order of Conditions # 64-422
.� %
s
Page 4of 5
24. The area of construction shall remain in a stable condition at the close of each construction day.
25. 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.
26. 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.
27. If soils are to be disturbed for longer that two(2) 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 surface 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 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.
29. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
30. 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.
31. 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.
32. 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.
33. 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.
34. There shall be no pumping of water from wetland resource areas.
35. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other
components shall be fixed immediately.
36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
37. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance
of enforcement actions b the Conservation Commission including,but not limited to,civil administrative
Y g
penalties under M.G.L Chapter 21A, section 16.
AFTER CONSTRUCTION
38. 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):
Attachment to Order of Conditions # 64-422
Page 5of 5
(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;
(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;
39. 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.
40. 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 fust 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.
41. 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
42. Applicant shall have petroleum spill kits on site at all times during construction.
'n hydraulic fluid is to be stored outside the buffer zone of the resource area
43. Equipment containing , at the
end of each work day.
f
NOTICE OF INTENT
60 BAY VIEW AVENUE
SALEM, MA
Submitted to:
SALEM CONSERVATION COMMISSION
CITY HALL
120 WASHINGTON STREET
SALEM, MA 01970
Submitted by:
RICHARD AND SUSAN BRESNAHAN
60 Bay View Avenue
Salem, MA 01970
June 4,2006
INDEX
Attachments
1. WPA Form 3 - NOI Application Form
2. Project Description
3. Abutters List and Notification
4. List of Plans
ATTACHMENT 1
WPA Form 3 - NOI Application Form
Massachusetts Department of Environmental Protection Prewded by DEP:
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 3 — Notice of intent Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
aem
Impoclty/rown
Whenfilling out anC A. General Information
When
fors on the
computer,use 1 Project Location(Note:electronic filers will click on button for GIS locator):
only the tab key
to move your 60 Bay View Avenue Salem 01970
curretard do not
use the
return a.Street Address b.CityFrown a Tip Code
use th
key. 420 31.982 N" 010 52.077 W
Latitude and Longitude: d.Latitude
Map 04 Parcel 139
f Assessors Map/Plat Number g.Parcel/Lot Number
2. Applicant
Richard and Bresnahan
Susan b.Last Name c.Company
Note: 60 Bay View Avenue
Before d.Mailing Address
completing this Salem MA 01970
for consult
e.cityf rown f.State 9.Zip Code
l
yourlocalal
Conservation (978)744-4910
Commission h.Phone Number i.Fax Number j.Email address
regarding any
municipal bylaw 3. Property owner(if different from applicant): ❑ Check if more than one owner
or ordinance.
a.First Name b.Last Name c.Company
d.Mailing Address
e.c4fTown f.State g.Zip Code
h.Phone Number i.Fax Number J.Email address
4. Representative(if any):
a.Fir
Susan St Pierre
b.Contact Person First Name c.Contact Person Last Name
74 Bay View Avenue
d.Mailing Address
Salem MA 01970
e.City/Town f.State g.Zip Code
(978)744-8750 sstpierre@vineassociates.net
h.Phone Number i.Fax Number j.Email address
5. Total WPA Fee Paid (from NO[Wetland Fee Transmittal Form):
$468 $221.50 $246.50
a.Total Fee Paid - b.State Fee Paid c,Cityrrown Fee Paid
6. General Project Description:
Repair and reconstruct existing granite and concrete seawalls.
wpafor3.doc•rev.3129/05 Page 1 of 7
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 3 - Notice of Intent Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L c. 131, §40 Salem
Wrown
A. General Information (continued)
7. Project Type Checklist
a. ❑ Single Family Home b. ❑ Residential Subdivision
c. ❑ Limited Project Driveway Crossing d. ❑ CommerciaVlndustrial
e. ❑ Dock/Pier f. ❑ utilities
g. ® Coastal Engineering Structure h. ❑ Agriculture—cranberries,forestry
i. ❑ Transportation j. ❑ Other
8. Property recorded at the Registry of Deeds for:
Essex
a.County b.Page Number
18086 121
c.Book d.Certificate#(iF registered land)
9. Has work been performed on the property under an Order of Resource Area Delineation involving
Simplified Review within 3 vears of the date of this application?
a. ❑Yes b. ® No
10. Buffer Zone Only-Is the project located only in the Buffer Zone of a bordering vegetated wetland,
inland bank,or coastal resource area?
a. ❑Yes-answer 11 below, then skip to Section C.
b. ® No-skip to Section B.
If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the
50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order
of Resource Area Delineation,or any Extended Order,or until the applicant receives a Certificate of
Compliance, whichever is later.
11. Buffer Zone Setback—For projects that involve work only in the buffer zone, select the applicable
adjacent resource area(check one):
a. ❑ BVW b. ❑inland bank c. ❑coastal resource area
The distance between the closest project disturbance and the associated resource area is:
d.linear feet
Pace 2 or 7
r
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 3 - Notice of intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
cityrrown
B. Resource Area Effects
1. Inland Resource Areas
Check all that apply below.Attach narrative and any supporting documentation describing 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.
Online Users: Resource Area Size of Proposed Alteration Proposed Replacement(if any)
Include your
document
transaction a. ❑ Bank 1.linear feet 2.linear feet
number b.❑ Bordering Vegetated
(provided on Wetland 1.square feet 2.square feet
your receipt
page)with all c. ❑ Land Under 1.square feet 2.square feet
supplementary Waterbodies and
information you Waterways 3.cubic yards dredged
submit to the d. ❑ Bordering Land
Department Subject to Flooding 1.square feet 2.square feet
3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced
e. ❑ Isolated Land.Subject
to Flooding 1.square feet
2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced
f. ❑ Riverfront area 1.Name of waterway(if available)
1.Width of Riverfront Area(check one):
❑ 25 ft. -Designated Densely.Developed Areas only
❑ 100 ft-New agricultural projects only
❑ 200 ft. -All other projects
2.Total area of Riverfront Area on the site of the proposed project Square Feet
3. Proposed alteration of the Riverfront Area:
a.Total Square Feet b.Square Feet within 100 R a Square Feet between 1001 and 200 ft.
4. Has an alternatives analysis been done and is it attached to this NOI7 ❑ Yes❑ No
5.Was the lot where the activity is proposed created prior to August 1, 19961 ❑ Yes❑ No
wpaform3.doc•rev.3r29f05 Page 3 of 7
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection -Wetlands
DEP Fie Number
WPA Form 3 — Notice of Intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
- CityRown I,
B. Resource Area Effects
2. Coastal Resource Areas:
Check all that apply below. Attach narrative and supporting documentation describing 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.
Online Users:
Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any)
..
document
transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
number
(provided on b. ❑ Land Under the Ocean 1,Square feet
your receipt
page)with all 2.Cubic yards dredged
supplementary Indicate size under Coastal Beaches and/or Coastal Dunes
information you c.❑ Barrier Beach below
submit to the
Department d. ® Coastal Beaches 70
1.Square feet 2.Cubic yards beach nourishment
e. ❑ Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment
f. ❑ Coastal Banks 1.Linear feet
g. ❑ Rocky Intertidal Shores 1.Square feet
h.❑ Salt Marshes 1.Square feet 2.Sq it restoration,rehab.,or creation
i
i. ❑ Land Under Salt Ponds 1.Square feet
2.Cubic yards dredged
j. ❑ Land Containing
Shellfish 1.Square feet 2.Square feet restoration,rehab.
k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the
Ocean, and/or inland Land Under Waterbodtes and Waterways,
above
1.Cubic yards dredged
i.❑ Land Subject to Coastal
Storm Flowage 1.square feet
3. Limited Project:
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?
a. ® Yes ❑ No If yes, describe which limited project applies to this project:
10.24(7)(c)(2)Maintenancerepair and improvement of existing structures
b.Limited Project
wpafonn3.doc•rev.3129/05 Page 4 of 7
Massachusetts Department of Environmental Protection vmvraed oy utv:
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 3 - Notice of Intent
Document TransaWon Number
L11 Massachusetts Wetlands Protection Act M_G.L. c. 131, §40 Salem
City/rown
C. Bordering Vegetated Wetland Delineation Methodology
Check all methods used to delineate the Bordering Vegetated Wetland(BVW)boundary:
Online Users: 1.❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP
Include your (attached)
document
transaction 2- 0 DEP BVW Field Data Form(attached)
number
(provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP(attached)
your receipt
page)with all 4. ❑ Other Methods for Determining the BVW Boundary(attach documentation):
supplementary
information you a. ❑ 50%or more wetland indicator plants
submit to the
Department. b. ❑ Saturated/inundated conditions exist
c. ❑ Groundwater indicators
d. ❑ Direct observation
For all projects
affecting other e. ❑ Hydric soil indicators
Resource
Areas, please f. ❑ Credible evidence of conditions prior to disturbance
attach a
narrative 5. Other resource areas delineated:
theexp(resource aining w D. Other Applicable Standards and Requirements
area was
delineated. 1. 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?
a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
June 1, 2004 Route 135, North Drive
b.Date of Map Westborough, MA 01581
2. For coastal projects only, is any portion of the proposed project located below the mean high water
line or in a fish run?
a.® Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to:
Massachusetts Division of Marine Fisheries
251 Causeway Street, Suite 400
Boston, MA 02114
b. ❑ Not applicable—project is in inland resource area only
3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
a. F-1 Yes D No If yes, provide name of ACEC(see instructions to WPA Form 3 or DEP
Website for ACEC locations). Note:electronic filers click on Website.
b.ACEC
wpafbrm3.doc•rev.329105 Page 5 of 7
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 3 - Notice of Intent
Document Transaction Number
Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
cityrrown
D. Other Applicable Standards and Requirements
Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Include your Restriction Act(M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)?
document
transaction a.❑ Yes ® No
number
(provided on
your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the
page)with all wetlands regulations, 310 CMR 10.00.
supplementary
information you a. ❑ Yes ® No If yes,describe which exemption applies to this project
submit to the
Department b.Exemption
6. is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No
If yes, stormwater management measures are required.Applicants should complete the Stormwater
Management Form and submit it with this form.
b. If no, explain why the project is exempt
Project does not involve any stormwater discharge
E. Additional Information
Applicants must include the following with this Notice of Intent(NOI). See instructions for details.
Online Users:Attach the document transaction number(provided on your receipt page)for any of
the following information you submit to the Department
f. ® 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.
(Electronic filers may omit this item.)
2. 0 Plans identifying the location of proposed activities(including activities proposed to serve as
a Bordering Vegetated Welland[BVW)replication area or other mitigating measure)relative
to the boundaries of each affected resource area.
3. ❑ Other material identifying and explaining the determination of resource area boundaries
shown on plans(e.g., a DEP BVW Field Data Form).
4. ® List the titles and dates for all plans and other materials submitted with this NOI.
5. ❑ If there is more than one property owner, please attach a list of these property owners not
listed on this form.
6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed.
7. [K Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed.
8. 0 Attach NOI Weiland Fee Transmittal Form
9. ❑ Attach Stormwater Management Forth, if needed.
wpaforn3.doc•rev.3129M5 Page 6 of 7
Massachusetts Department of Environmental Protection Provided by DEP:
Bureau of Resource Protection -Wetlands DEP File Number
WPA Form 3 - Notice of intent
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City7rown
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 NOI Wetland Fee Transmittal
Form).
No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth,
federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts
Bay Transportation Authority.
Applicants must submit the following information(in addition to pages 1 and 2 of the NOI Wetland
Fee Transmittal Form)to confirm fee payment
2513 June 6, 2006
1.Municipal Check Number 2.Check date
2512 June 6, 2006
3.State Check Number 4.Check date
Susan Bresnahan
5.Payor name on check:First Name 6.Payor name on check:Last Name
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 t requested) II a tters within 100 feet of the property line of the protect location.
� D
n reli M Date
6 �
Si re of roperty (d dilfere . Date
—�u Date Data
/ u
For Conservation Commission:
Two copies of the completed Notice of Intent(Form 3),including supporting plans and documents;two copies
of pages 1 and 2 of the NOI Wetland Fee Transmittal Form;and the cttyftown fee payment must be sent to the
Conservation Commission by certified mail or hand delivery.
For DEP:
One copy of the completed Notice of Intent(Form 3),Including supporting plans and documents;one copy 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(see Instructions)by certified mail or hand delivery.(E-filers may submit these
electronically.)
Other:
If the applicant has checked the°yes'box in any part of Section D, Item 3, above, refer to that section and the
Instructions for additional submittal requirements.
The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely
manner may result in dismissal of the Notice of Intent.
wpafonn3.doo•rev.3129/05 - _ 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 Richard and Susan Bresnahan
key to move a.First Name b-Last Name c.Company
your cursor- 60 Bay View Avenue
do not use the - d.Mailing Address
return key. Salem MA 01970
e.Cltyrrown f State g-Zip Code
(978)744-4910
h.Phone Number
2. Property Owner(if different):
a.First Name - b.Last Name a Company
d.Mailing Address
e.City/rows _ f.State g.Zip Code
h.Phone Number
3. Project Location:
60 Bay View Avenue Salem
a.Street Address b.cityrrown
To calculate B. Fees
filing fees,refer
10
fee I caategory Notice of Intent(Form 3)or Abbreviated Notice of Intent(Forth 4):
examples in the The fee should be calculated usingthe followingsix-step process and worksheet. Please see
dung ut WPns r Instructions before fillip out worksheet. p
filling out WPA 9
Form 3(Notice of
Intent). Step 1/Type 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 311ndividual 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 Srrotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
Step Wee 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.
Wpefam3. •Noi WagmM Fee Trarommal Fare•rev.3NI05 Pagel 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 lrrype of Activity Step 21Number Step Step 41Subtotal Activity
of Activities 34ndividual Fee
Activity Fee
5 117 linear feet $411f $468
Step S/Total Project Fee: $468
Step Was Payments:
Total Project Fee: $468
a.Total fee from Step 5
State share of filing fee: $221.50
b.12 total fee less$12.50
City/Town share of filling fee: $246.50
c.12 total fee plus$121-0—
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 this form; and the city/town fee payment.
C.) To DEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated
Notice of Intent; a copy of this form;and a copy of the state fee payment (E-filers of Notices of
Intent may submit these electronically.)
Woelam d=-N01 VJWud Fea TanwmUel Form.rev.3MA5
Page 2 of 2
ATTACHMENT 2
Project Description
Notice of Intent 60 Bay View Avenue, Salem MA
7 PROJECT SUMMARY
The project site is a single family home located at 60 Bay View Avenue in Salem, MA. The work
involves the repair and reconstruction of two existing seawalls that have been significantly
damaged over the past several years during winter storm events. The existing seawalls have
been in place for over 30 years and the proposed work qualifies as a limited project pursuant to
310 CMR 10.24(7)(c)(2) as it is limited to the maintenance, repair and improvement of existing
structures. The work is necessary to protect the adjacent dwelling and free standing garage.
Proposed Activities
An existing 77 foot long concrete and rock wall extends along the shoreline pm the
southeasterly side of the property. The wall is two tiered with a 4 foot high by one foot wide
vertical wall along the upland fronted by a lower 2 foot high by 4 foot wide attached wall. The
higher wall will be reinforced and refaced with the addition of a 10 inch face and a 12 inch height
increase of reinforced concrete. This will help protect the property from storm damage. The
lower wall will be reconstructed in place with reinforced concrete. A small (28 foot by 5 foot)
extension will be added to the wall along the easterly end in front of the garage to provide an
angled edge to accommodate wave action and prevent erosion that could affect the garage.
The existing 40.7 foot long by 2.5 foot granite block wall faced with concrete extends
perpendicular to the shoreline from the previously described concrete and rock wall. This wall
will also be reconstructed in place with reinforced concrete with an additional height of 12 inches
to strengthen and protect from increased wave action.
Construction Method
The construction activities will be scheduled during low tide to avoid and/or minimize any
impacts to wetland resource areas.
The existing seawalls will be dismantled using a mini-excavator. The concrete will be removed
and property disposed of off site while the existing rock and granite block will be re-used along
the existing rip rap wall located to the west to supplement the rip rap and rock that currently
protects this shoreline from erosion. The rock and rip rap will be placed no further seaward than
the existing rip rap and rock. Once the walls are dismantled, concrete forms will be installed
and concrete poured into the forms with rebar for reinforcement. Once the concrete is cured,
the forms will be removed and disposed of.
The mini-excavator has thick rubber tires which will minimize any damage to the beach. It will
access the beach via a ramp way next to the garage. It will be on the beach only when
necessary for the dismantling phase of the project. This will be completed within two tide cycles.
When not in use, the mini-excavator will be stored in the yard away from the beach
1
Notice of Intent 60 Bay View Avenue, Salem MA
Impacts to Resource Areas
The area seaward of the existing walls contains coastal beach resource areas. With the
exception of the 28 foot by 5 foot extension to the lower concrete wall near the garage, no
permanent impacts to coastal beach resource areas are proposed. The walls are also located in
Land Subject to Coastal Storm Flowage for which there are no performance standards and the
project will not create any adverse impacts to this resource area.
2
ATTACHMENT 3
Abutters List and Notification Form
CITY OF SALEM
CONSERVATION COMMISSION
STTF VISIT FARM
PROJECT LOCATION: �� DATE OF SITE VISIT 31
PROJECT PROPONENT: tCS DEP FILE NUMBER:
PROPOSED WORK: 1 ( W
IN
Commission Members/Agent: Abutters:
Applicant/Property Owner/Represent e: /'!/l fe c
❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent
❑Certificate of Compliance ❑Enforcement/Violation ❑Emergency KInforma/Pre -ram M j
1zR t JJ
INLAND RESOURCE AREAS �� COASTAL RESOURCE AREAS
❑Bank E] Land Subject to Coastal ❑Land Under the Ocean
0 Storm Flowage
❑Bordering Vegetated Wetland
❑ Designated Port Area❑ Coastal Beach Land Subject to Flooding
h ❑ Coastal Dune ❑Barrier Beach
❑Land Under Water Bodies or Waterway �!
Name: Coastal Bank
(� ❑Rocky Intertidal Shore
❑Riverfront Area
I ❑ Salt Marsh EJ Land Under Salt Pond
❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata-
Shelltish dromous Fish Run
i
❑ Bordering Vegetated Wetland in Coastal Area
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745 9595 FAx: 978.740.0404 4 WWW.SALEM.COM
❑Water Body ❑ Bordering Vegetated Wetland 14 Bank ❑ Coastal Beach ❑Coastal Dune
:INSERESES"PROTECTED: �_ t _- as- -�
Protection of Water Supply Protection of Groundwater Supply XFlood Control
C91storm Damage Prevention Prevention of Pollution protection of Fisheries
9Protection 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.
5I7E-YISI�[)OCUMEN7ATIONe' � . . _. t,"x '�'-.
❑Photos ❑ Site Map ❑Other:
Take into account relevant aspects 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.
JN
RE66MMENDA7IONS.�,
MA DEP Page 1 of 2
Public Access to Wetland Notices of Intent
Search Criteria: Instructions
- eDEP;_File,Notices_and
Region: v Find Your Region Orders Online
Citylfown: SALEM
Start Date: 6/6/2006
LJ
End Date: ',9/6/2006 O
Results per page: 100
Search Clear
The search returned 9 result(s). Displaying 100 records per page.
NOI,._File# Filing Applicant's Applicant's Location Company Region Town Comments
Date
First Name Last Name
064-0430 8/26/2006 . Bruce Thibodeau Brooks St. City of Salem NE SALEM Under Review
DPS
064-0429 8/4/2006 r Richard& Bresnahan'—r60 Bay-View NE SALEMr-Projectcannot be approved ash
-Susan
""4 Avenue_.��— -"� proposed.Cross sections of work need
to be provided to the Commission.Wall
can be rebuilt within original footprint
but height of wall cannot be approved,
It Raising theheightwill add more weight
to the structure and cause waves to add
more pressure to the wall and increase)
erosion at the base.Erosion behind the
wall should be addressed with planting'.
Please contact Coastal Zone r_�
Management for guidance. /
064-0427 7/24/2006 Doug Jones Gas Neptune NE SALEM
Transmission LNG LLC NO Comments
Line
064-0428 7/18/2006 Anne Pelletier 31 Ravenna NE SALEM Any determination as to the perennial or
Road intermittent nature of Strongwater Brook
should be based upon the current
regulations,which presume that
http://edep.dep.mass.gov/wetland/wetland.aspx 9/6/2006
MA DEP Page 2 of 2
streams shown as perennial on the
most recent USGS map are perennial
(unless there are 4 dry observations of
the stream).The SOC which is cited in
this NOI was issued in'99,and has
expired(and was also written prior to
the regulatory revision regarding
perennial vs.intemittent streams).
064-0426 7/16/2006 Mike Ferns 15 Robinson A&H Auto NE SALEM MassDEP is concerned about using
Road Exchange, infiltration as a BMP on the site-see
Inc. Standard#5 of the Stormwater Policy.
In discussions with the engineer Bruce
Poole,it was agreed that quarterly
sampling of the oil/water separator
discharge for petroleum hydrocarbons
from the monitoring well would take
place followed by yearly sampling to
check on the effectiveness of the
separator.If problems were found,then
corrective actions would be taken.The
plans entitled Transects for NO]dated
7/06 show a perforated pipe instead of a
solid pipe from the liner containment
area to the oil/water separator.The
reasons for culverting the intermittent
stream appear to be valid. It possible,
Increasing the stream replication area is
recommended.Detail of stream
restoration area required with cross
sections.
064-0425 7/10/2006 F.Paul Richards 25 Peabody Mass Electric NE SALEM NO Comments
Street Co
064-0424 7/6/2006 David Jalbert 75 North Creations NE SALEM Addition proposed in Flood Zone A must
Street Woodworking be constructed in accordance with
FEMA construction guidance manual.
Applicant should allow for a flow thru
foundation.
064-0423 6/30/2006 George McLachlan Atlatic Ocean Algonquin NE SALEM
off Salem Gas NO Comments
Transmission
LLC
X064-0422—..6/15/2006 1 Richard I Bresnahan ` 60 Bay View` NE SALEM NO_Comments
Avenue__.— —». . _.— __ ___— _.
1
MassDEP Home ❑ Contact: Your Regional Office o Privacy Policy
http://edep.dep.mass.gov/wetland/wetland.aspx 9/6/2006
I �o
CITY OF SALEM
CONSERVATION COMMISSION
SITE VTSTT FORM
PROJECT LOCATION: w q.ieuj ' ` J� DATE OF SITE VISIT'
PROJECT PROPONENT: °�Uo� ;'�(?1�6�u- � DEP FILE NUMBER: (0Z�'
PROPOSED WORK: ( [
IN ATTENDANCE: q.
Commission Members/Agent: Abutters:
1 g- 6<«4 C2 r)
('OL
A p [cant/Property Owner/Representative:
SITE.VISIT PURPOSE:
F-]Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent
❑Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal
AREAS OF JURISDICTION:
INLAND RESOURCE AREAS COASTAL RESOURCE AREAS
U Bank Land Subject to Coastal ❑ Land Under the Ocean
Storm Flowage
❑Bordering Vegetated Wetland
❑ Designated Port Area %Coastal Beach
El Land Subject to Flooding
❑ Coastal Dune ❑ Barrier Beach
❑Land Under Water Bodies or Waterway
Naine: KCoastal Bank Rocky Intertidal Shore
❑Riverfront Area ❑Salt Marsh ❑ Land Under Salt Pond
❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata-
Shellfish dromous Fish Run
❑ Bordering Vegetated Wetland in Coastal Area
120 WAsiu`a,rON STRE:E:r, SALFAI, '9'IA SA ii;: , :rrs 0 1970 e Tei,: 978.745.9595 F.-\x: 978.740.0404 e .c:c,tii
J 5�
;BUFFER ZONE`--'(wlttiln X100=feet] .�—W-:�=��=�"�-�-��"�""�" ""�_� °�•'*��'�� '�C +•`-�
Water Body ❑ Bordering Vegetated Wetland IRBank 9coastal Beach ❑ Coastal Dune
=:IN7ERESS_P_ROTECTED
❑Protection of Water Supply ❑Protection of Groundwater Supply Flood Control
Storm Damage Prevention ❑Prevention of Pollution Protection of Fisheries
Protection of Wildlife Habitat (Protection of Land Containing Shellfish 7�
Is this an exempt project:If so,why? '"
Are resource area boundaries delineated correctly? If not,explain.
S E-VISIT DOCUMENTATION.
❑Photos ❑ Site Map ❑ Other:
OBSERVA'CIONS: ra.,x.,,,s�, �'_ , '°' _ ,•y,,�� a :,. ,
Take into account relevant aspects 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.
.•-.- .........,,.. .�,.,. ..�
RECOMMENDATIONS: .:,n Ctm.� s' :-*` � =` �'u: --aa •. - •-,
Nit 4st tr� Sedt� — S�t�►11n 1Svo., �t tel°
eau ao,d cu SQe.K .
0
CITY OF SALEM
CONSERVATION COMMISSION
STTF VTSTT FARM
PROJECT LOCATION: &j P-'j �VL DATE OF SITE VISIT
PROJECT PROPONENT, t e DEP FILE NUMBER: icy" y
PROPOSED WORK: . I Ph ens v\-A w � O-A
ut 5e9- wt A W o' a ^^�O�l 4,) Gpgl2,t
Commission MenArs/ ent: Abutters:
D �
Applicant/Property Owner/Representative: �!
...- RP
..,__.w
VISIT PUOSE,' � 5 t 3 ,,.
,_SITE £
❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation 0otice of Intent
❑Certificate of Compliance ElEnforcement/Violation E]Emergency
11❑ IInformal
-••ry'q;,r*a3 »�.saq z^-a �.-.......ow- ,.-�µtwc- x :'a;w- rt;
AREAS gF,:]URISDICTION:,' a
INLAND RESOURCE AREAS COASTAL RESOURCE AREAS
11
❑Bank Land Subject to Coastal ❑Land Under the Ocean
Storm Flowage
ElBordering Vegetated Wetland '!
❑ Designated Port Area �oastal Beach
' g
❑Land SubjecttoFlooding
❑ Coastal Dune ❑ Barrier Beach
Eland Under Water Bodies or Waterway
Name: it Coastal Bank ❑Rocky Intertidal Shore
❑Riverfront Area ❑ Salt Marsh E] Land Under Sal[Pond
i
❑Vernal Pools j E] LandContaining F]Anadromous/Cata-
1! Shellfish dromous Fish Run
i
Bordering Vegetated Wetland in Coastal Area
i!
120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 F.nx: 978.740.0404 • WWW.SALEM.COM
,y�r�x+r.�r.T��;S r 'o�wa..rP"'p�..•es.�;"�, �r�w�+�'*lar•�vm s. r2
Water Body ❑ Bordering Vegetated Wetland Bank Coastal Beach ❑ Coastal Dune
INTERESTS PROTECTED:; y_ '' d' �'
❑Protection of Water Supply ❑ Protection of Groundwater Supply Flood Control
Storm Damage Prevention ❑Prevention of Pollution Protection of Fisheries
Protection 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.
SITE=VISIT DOCUMENTATION:
,Photos ❑ Site Map ❑ Other:
OBSERVATIONS:.`; ,,, .'� ., 1 �•„. � ,,, . ,e..�.-. -rr �«�
Take into account relevant aspects 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.
ft rvw VroAtA o�1- .2p061K , Ag�-- i Iroktca,A UfROCU "';14
RECOMMENDATIONS
RECEIVE®
JUN 1 9 2006
DEPT.OF PLANNING&
COMMUNITY DEVELOPMENT
City of Salem
Conservation Commission
Salem City Hall Annex
120 Washington Street
Salem, Ma. 01970 June 16, 2006
Dear Chairman and Members,
It is with extreme pleasure, I write to you wholeheartedly encouraging your
approval of the request of Richard and Susan Bresnahan, 60 Bayview Ave for repairs to
the existing granite seawall. Dick and Sue have been my neighbors for many years and I
can state with certainty that they are property owners who care deeply about the condition
of their property. This care is exhibited time and time again by the hours of labor they
both expend working on the grounds and buildings. The property and grounds are in
wonderful condition and this request is to restore the seawall to its original condition. As
an abutter and neighbor, I hope you will grant them the necessary permits needed to
repair this wall. I know that they will do a wonderful job with this.
Thank you in advance for your attention to this important matter.
With Regards,
Kathie Driscoll-Gauthier
52 Bayview Ave
Salem, Ma. 01970
978-745-1171