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64-513 - 44 COLUMBUS AVENUE - CONSERVATION COMMISSION UA c �r 201I1Ia1221800@49116i1k11318121610111Pig:28 02/26/2011 10:15 CONDN Pg 1/16 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-513 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/rown A. GeneraF Information Please note: Salem this form has 1..From: been modified Conservation commission wlth added 2.This issuance is for apaceta a.DOrder of Conditions b. Amended Order of Conditions accommodate (check one): ., the Registry of Deeds 3.To: Applicant: Requirements - Lewis Legon important a.First Name. _ b.last Name Whenfilring - out fors c.Organization onthe -44Columbus Avenue computer,he -d.Mailing Address use-only t tab key to Salem MA 01970 move your e.City/rown f.State cursor-do. 9-Zip Code not use.the 4. Property Owner(if different from applicant): return key. - u a..First Name b.fast Name c.Organization - 2mn d.Marling Address. e.City/rown f.State- g.Zip Code 5. Project Location: 44 Columbus Avenue Salem - a Street Address b.Cityrrown 147 c.Assessors Map/Plat,Number d.Parcel/Lot Number Latitude and Longitude, if knowm d m s d m s d.Latitude e.Longitude - "aft r duc-n,c 0Stta=0 - - - Page 1 of 12 f Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-513 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction 4 Salem - Citylrown G. Recording Information Prior to commencement of work, 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 this page 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: 44 Columbus Avenue 64-513 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: - i2i sSley. 30 2 (,fta 07-a County Book - Page- - for: Property Owner and has been noted in the chain of title of the affected property in: 29� 3S Book Page In accordance with the Order of Conditions issued on: 2/14/2011 Date If recorded land, the instrument number identifying this transaction is I Instrument Number If registered land, the document num r i ntifying this transaction is: ton �. Document Number Signature of Applicant - wpaform5.tloc- rev.05/192010. _ - Page 12 of 12 v Project Status Sheet Address: 4-111 ��,5 f�uz- DEP #: �� ` S" �� Application Type: N 0 , Contact Name: Phone: q -?d b Date Submitted: �s Application Complete 'Correct Fee Received 7Wutters List Requested Received 'Legal Notice Sent 2� Legal Notice Confirmed 6 Added to Agenda Agenda to Applicant Agent Comments to Commission 'DEP Comments cp Hearing Opened: 1-�'7'`` Continued:�-'�O Site Visit: Abutters Notice Confirmed Order of Conditions Sent to Applicant and DEP >N-Confirmation of Delivery Applicant Recorded OoC with Registry Preconstruction Meeting: ❑ Certificate of Compliance Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Applicant Recorded CoC with Registry Notes: �� wi �� e t C 4 V V +� Essex Southern District Registry of Deeds 45 Congress Street Suite 4100 Salem, MA 01970 02/28/2011 10:15 AM Station: ESSX-REC05 Operator: pcoppola 'Time 10 15jype >:CONDN Loc SALEM f Instr49 Bk,30260-028 55.00 FEE 20.00 ENV FEE Check —8038" patrowicz 75.00 ytr o ,R4 CITY OF SALEM W CONSERVATION COMMISSION February 14, 2011 Scott Patrowicz 14 Brown St. Salem, MA 01970 Re: Order of Conditions—DEP #64-513-44 Columbus Ave. Dear Mr. Patrowicz: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (as of February 14, 2011), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). Once recorded, please return a copy of Page 12 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: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File#64-513 within public view, and 3. 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 at 978-619-5685. Sincerely, Tom Devine Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office +. Attachment to Order of Conditions # 64-513 y Page lof 5 SALEM CONSERVATION COMMISSION DEP FILE #64-513 44 Columbus Avenue City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (October 1,2008) 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-fisted 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 50. This Order penttits the removal of an existing porch and construction of a new house addition, patio, steps, and driveway within land subject to coastal storm flowage and within buffer zones to a coastal bank and a salt marsh. This order requires that filter fabric be installed in the nearby catch basin, that the addition comply with FEMA's Coastal Construal Manual guidance, and that diligent housekeeping shall be exercised on the public way, keeping the street and sidewalk free of debris and sediment. If compliance with the FEMA guidance requires changes to the approved plan, applicant must submit a Notice of Project change to the Commission in accordance with condition 15. GENERAL CONDITIONS l. This Order of Conditions must be recorded in its entirety(including all 5 pages of Special Conditions) 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 50. 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 on site, a DEP Sign showing DEP File#64-513 must be installed at the entrance to the site and seen from the public way, but not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. 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. Attachment to Order of Conditions # 64-513 sf Page 2of 5 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. 21 A 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. U. 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 die following attached plans and special conditions: Final Approved Plans PROPOSED SITE PLAN OF LAND, 44 COLUMBUS AVENUE, LEWIS LEGON & PATRICIA PERKING (Title) 1/18/2010 (Dated) Gail Smith (Signed and Stamped by) City of Salem Conservation Commission (On file with) Attachment to Order of Conditions # 64-513 QV Page 3of 5 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 o and has received a co f property o the Coder of Conditions. PY PRIOR TO CONSTRUCTION 17. Prior to the commencement of any activity on this site other than activities listed above, there must be a Pre-Construction Meeting on site between the project supervisor, the contractor responsible for the work, and the Conservation Agent and/or a member of the Conservation Commission 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 Agent at (978)619-5685 at least forty-eight(48)hours prior to construction 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 Agent 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 sufficient additional erosion controls stored under cover on the site to be used for emergency erosion control purposes. 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 any wetland resource area and/or buffer zones. The erosion control measures shown on the approval plan(s)and provisions in the Order will be the minimum standards for this project; the Commission or its Agent 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. 24. The area of construction shall remain in a stable condition at the close of each construction day. °E Attachment to Order of Conditions# 64-513 Page 4o 5 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 stotmwater 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 by the Conservation Commission including,but not limited to, civil administrative penalties under M.G.L Chapter 21 A, 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): (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). Attachment to Order of Conditions # 64-513 Page 5of 5 (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 ofCompliance must be recorded at die 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 Agent has authorized their removal. ADDITIONAL CONDITIONS 42. Filter fabric shall be installed in the nearby catch basin to protect it from sediment. The filter fabric shall be inspected frequently and replaced as needed. Care shall be taken to prevent sediment from falling to the catch basin when removing and/or replacing the filter fabric. 43. As recommended by the DEP, the addition shall comply with FEMA's Coastal Constmal Manual guidance. If such compliance requires changes to the approved plan, applicant must submit a Notice of Project change to the Commission in accordance with condition 15. 44. Diligent housekeeping shall be exercised on the public way, keeping the street and sidewalk free of debris and sediment. Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 54-513 WPA Form 5 - Order of Conditions MassDEPFile9 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Trensadion ht Salem cdyrrown A. General Information Pleaaa n0": Salem this form has .1.From: been modified Conservation Commission with added 2. This issuance is for oto accommmodate (check One): a. Order of Conditions b.E]Amended Order of Conditions acc the Registry of Deeds 3. To: Applicant: Requirements Lewis Legon Important a.First Name b.Last Name Wen 4" _ out fortes c.Organ¢ation on the 44 Columbus Avenue computer, use only the d.Mailing Address tab key to Salem MA 01970 move your a.C figrpwn f.State cursor-do 9 Zip Code not use the 4. Property Owner(if different from applicant): return key. 11 Ir=11 a.First Name b. Last Name c Organization m d.Mating Address e.Cty/Town f.State g.Zip Code 5. Project Location: 44 Columbus Avenue Salem a.Street Address b.Cdy/rown 44 147 c.Assessors MSP/1-18t Number d. Parcel/LNu Number Latitude and Longitude, if known: d m s d m s d.Latitude e.Longitude .Parosrt.doo• m.o5mvmo - Page 1 o112 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-513 WPA Form 5 — Order of Conditions MassDEP-File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a. County b.Certificate Number(if registered land) 29035 564 c. Book d. Page 1/20/2011 2/10/2011 2/14/2011 7. Dates: a. Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance &. Final Approved Plans and Other Documents (attach additional plan or document references as needed): PROPOSED SITE PLAN OF LAND, 44 COLUMBUS AVENUE, LEWIS LEGON & PATRICIA PERKING Gail Smith Gail Smith b. Prepared By c.Signed and Stamped by 1/18/2010 1' = 10' d. Final Revision Date e.Scale 1/18/2010 f.Additional Plan or Document Title g.Date B. Findings f. 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 (the Act). Check all that apply: a. ❑ Public Water Supply b. ® Land Containing Shellfish c. ® Prevention of Pollution d. ❑ Private Water Supply e. ® Fisheries r. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® Storm Damage Prevention I. ❑ Flood Control 2. This Commission hereby finds the project, as proposed, is: (check one of the following boxes), Approved subject to: a. ® the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above, the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. w/paform5.doc• rev.05/192010 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-513 WPA Form 5 — Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityfrown B. Findings (cont.) 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 the interests of the Act, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Act's interests, and a final Order of Conditions is issued. A description of the specific information which is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear feet c.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.rey dredged f.Gy dredged T ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet a. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet cl.cubic feet e.cubic feet f.cubic feet s. ❑ Riverfront Area b. total sq.feet Sq It within 100 ft d.square feet a roor f.square feet Sq It between 100- 200 ft In.square feet roor I.square feet wPW01m5 doc• rev.05/1912010 Page 3 or 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-513 WPA Form 5 — Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet a dy dredged d.c/y dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below cu yd cu yd 13. ❑ Coastal Beaches a.square feet b.square feet c.nourishment d.nourishment 14. ❑ Coastal Dunes cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 15. ® Coastal Banks buffer only buffer only • a. linear feet b. linear feet 16. ❑ Rocky Intertidal Shores a.square feet bsquare feet 17. ® Salt Marshes buffer only buffer only a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.dy dredged d.Gy 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.dy dredged b.dy dredged 21. ® Land Subject to 800 sq. ft. 800 sq. ft. Coastal Storm a.square feet b.square feet Flowage wralorm5Aoc• rev.0511912010 _ Page 4 o112 Massachusetts Department of Environmental Protection Provided by MassDEP: \__ Bureau of Resource Protection - Wetlands 64-513 WPA Form 5 - Order of Conditions MassDEP-File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Tran saction# Salem City/Town B. Findings (cont.) #22. If the 22 ❑ Restoration/Enhancement project is for the purpose of restoring or q enhancing a a.square feet of BVW b.square feet of salt marsh wetland resource area 23. ❑ Stream Crossing(s): in addition to the square footage that a. number of new stream crossings b.number of replacement stream crossings has been entered in C. General Conditions Under Massachusetts Wetlands Protection Act Section B.5.c (Bvw)(or S 3.17.c(Salt The following conditions are only applicable to Approved projects. Marsh)above, 1Failure to comply with all conditions stated herein, and with all related statutes and other please enter regulatory measures, shall be deemed cause to revoke or modify this Order. the additional g Y y amount here. 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 Order of Conditions, this Amended Order of Conditions does not extend the issuance date of the original Final Order of Conditions and the Order will expire on 2/14/2014 unless extended in writing by the Department. 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 the Department have been completed. wpaform5.aoc• rev.0511912010 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-513 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem city/Town - C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 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. 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, "MassDEP"] "File Number 64-513 " 11. 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 MassDEP. 12. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 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 Conservation Commission 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 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, 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 Certificate of Compliance has been issued by the Conservation Commission. wpform5.doc• rev.05/1912010 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by Ma55DEP: Bureau of Resource Protection - Wetlands 64-513 WPA Form 5 - Order of Conditions MassDEPFIIe# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ` eDEP Transaction# Salem City/town C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 19. The work associated with this Order(the "Project") is (i)❑ is not(2)® subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs) shall remain in place until the site is fully stabilized. b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; iii. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans) approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. ,,alorm5.doc• re¢05/1912010 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-513 \, WPA Form 5 - Order of Conditions MassDEP FIIe# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP-Transaction it Salem CityrFown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e)) shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement ("O&M Statement) for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan") and certifying the following: i.) the 0&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpaform5.aac- rev.05/19)2010 Page 8 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-513 I WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Tom C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three (3)consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. J) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit (as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): See attached wpaform5.tloc• rev.051192010 Page 9 of 12 7 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-513 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction# Salem City/Town D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Salem hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1. Municipal Ordinance or Bylaw 2.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. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands Protection and Conservation Ch. 50 1. Municipal Ordinance or Bylaw 2.Citation 3. 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): See attached wralorm Doc• rev.05/1912010 ' Page 10 o112 Massachusetts Department of Environmental Protection Provided by MasSDEP: El Bureau of Resource Protection - Wetlands 64-513 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town E. Signatures This Order is valid for three years, unless otherwise specified as a special condition pursuant to General Conditions#4, from the date of issuance. 1. Dategf Issuance Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2. Number of Signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant. A copy alsomus mai or hand delivered at the same time to the appropriate Department of Environmental otecti Regional Office, if not filing electronically d the prope q o net, if different from applicant. Signatures: C ❑ by hand delivery on ® by certified mail, return receipt requested, on 2/14/2011 Date Date 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 MassDEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the Department's Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order, or providing written information to the Department prior to issuance of a Superseding Order. 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. wpaform5.doc• rev.05/192010 Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: - Bureau of Resource Protection - Wetlands 64-513 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/Town G. Recording Information Prior to commencement of work, 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 this page 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: _44 Columbus Avenue 64-513 Project Location MassDEP 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: 2/14/2011 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 wpalorm5 doc• rev.05/19/2010 Page 12 o1 12 MA DEP http://pub]ic.dep.state.ma.us/wetland/wetland.aspx f Public Access to Wetland Notices of Intent Search Criteria:Instructions eDEP File Notices and Region: Find Your Region Orders Online City/Town: SALEM Start Date: 12/30/2010 End Date: 2/4/2011 Results per page. 10o Search j Clear The search returned i results).Displaying 100 records per page. NOI flap Filing .OPpkani4 1Y01¢ants Location 'Company Radish Torn ! Coments Date First Nam last Name i 064051] '.V2Wl ILEWS LEGON '.44 -PATRICIA IE SALEM =tional should con,Ay wN FEMA's COLIIMBIIS-BERNING costal conslrusbonmanual AVEN.E guidance. 1 i I of 1 2/4/2011 11:43 AM /y CITY OF SALEM CONSERVATION COMMISSION UTF VISIT FORM PROJECT LOCATION: I ^ S DATE OF SITE VISIT 6f PROJECT PROPONENT: 5S AA \\ __a�ovr c` DEP FILE NUMBER: PROPOSED WORK: 4J11A, �.. IN ATTENDANCE:— Com n TTENDANCE::Commission nbers/ ent Abutters: Applicant/Property Owner/Representative: , SITE VISIT PURPOSE ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation Notice of Intent ❑Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal AREAS'&JURISDICTION INLAND RESOURCE AREAS COASTAL RESOURCE AREAS EgBank Land Subject to Coastal ❑Land Under the Ocean Storm Flowage El Bordering Vegetated Wetland ElPort Area ❑Coastal Beach El Land Subject to Flooding ElCoastal Dune El Barrier Beach ❑Land Under Water Bodies or Waterway Name: ❑ Coastal Bank ❑Rocky Intertidal Shore ❑Riverfront Area furSalt Marsh ❑ Land Under Salt Pond ❑Vernal Pools ❑-Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run ❑ Bordering Vegetated Wetland in Coastal Area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9,595 FAX: 978.740.0404 0 %VWW.SAI.EM.COM BUFFER ZONE--(Within 100-feet) . - ❑Water Body ❑ Bordering Vegetated Wetland gBank ❑ Coastal Beach El Coastal Dune INTERESTS PROTECTED.. Protection of Water Supply Protection of Groundwater Supply U Flood Control ®Storm Damage Prevention LJ 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. T ,a2 'a : �.:5 k'' SITE VISIT=DOCUINENTATION. e ,IN 1x _ :yr' a '. t. .*>.r,C . ° w.x.,.X: a,s. .� ❑Photos ❑ Site Map ❑Other: :^.W'41i OBSERVATIONS �" . .Na " ` �-__ .�_, �r t�,; � � � ua..-u�.....1 �.-ear;ta.ad:d:,a,..�.z>w^wr�„s;b.'a$,u,k.....,�9-�i,l�d.. Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; l 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::,,. Iq / 7 LAND DEVELOPMENT ENGINEERING January 20, 2011 City of Salem Conservation Commission Municipal Building 120 Washington Street Salem, MA 01970 RE: Notice of Intent Application: Proposed House addition and driveway #44 Columbus Avenue, Salem, MA Assessor's Map 44, Lot 147 PLDE# 11-01 Dear Commission Members: On behalf of Lewis Legon and Patricia Berking (owner and applicant), I respectfully request that you review the attached Notice of Intent (NOI) application in compliance with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Protection Ordinance. The top of coastal bank is defined as the top of the existing seawall. The coastal bank is determined using MassDEP Policy 92-1 Figure 2. The FEMA A-2 line (defined as elevation 10.0 NGVD of 1929) is along the vertical face of the existing seawall (note the top of seawall is above elevation 10.0) as shown on the attached Site Plans. The entire property is within the 100-foot buffer zone of the coastal bank. The seawall is higher than the site (lawn area). The lawn's elevation ranges from 8.6 to 9.7 (NGVD). Therefore, using the FEMA map (and the surveyed elevations), the shaded area (100- year flood zone) covers the entire site, hence according to the FEMA map, locus is within land subject to coastal storm flowage. The coastal storm flowage enters the site from the street-side (Steps Beach: gap in seawall), as Columbus Avenue would be under-water during the 100-year storm event (defined as elevation 10.0 NGVD). The proposed scope of work for this Notice of Intent application will include: (1) Installation of a snow fence to catch wind blown debris. A silt fence is not required at this site, since the top of seawall is higher than the adjacent lawn and acts like a curb to prevent the migration of any erosion, (2) Removal of landscaping for access to the back yard, 14 Brown Street, Salem, Massachusetts 01970 Cell: 978-836-6400 Fax: 978-745-4110 Email: scott.patrowicz@verizon.net (3) Removal of an existing porch and it's foundation (footprint size of existing patio = 315 +/- SF), (4) Install a new poured concrete foundation in mostly the same footprint as the porch and along the east side of the house, (5) Install a new house addition (total footprint size for new house addition = 420 +/- SF), (6) Install a new patio and steps in the backyard(footprint size for new patio/steps = 320 +/- SF), install new landscaping, existing lawn to remain (re-seeded), (7) Install a new asphalt driveway (footprint size for new two-car off-street parking = 375 +/- SF). The runoff will continue to flow into the municipal street across the existing concrete sidewalk. The existing sidewalk may need to be rebuilt for the new curb cut depending on the requirements of the Salem DPW. No work will occur within the coastal bank wetland resource area. No work will occur below mean high water. All work is within the 100-foot buffer zone to the coastal bank. All work is within land subject to coastal storm flowage (approximately 800 +/-,SF: house addition, driveway and patio). I respectfully submit eight (8) copies of the Notice of Intent application to include the following: •NOI Application (WPA Form 3), •NOI Wetland Fee Transmittal Form, •Copy of check for$97.50 (NOI filing fee made payable to the Commonwealth of Mass), •Check for$122.50 (NOI filing fee made payable to the City of Salem), •Check for$250.00 (payable to Salem News)to cover the cost for the legal advertisement, •Form entitled: Request for Legal Notice (mailed directly to the Salem News along with the check), •List of abutters and map (prepared by Salem CC and Assessors), •Form entitled: City of Salem Notice of Public Hearing Notification to Abutters, •Form entitled: Affidavit of Service (Abutter Notification), •USGS Locus Map, Scale=1:25,000 (approximately: 1"=2000'), *FEMA FIRM.map community panel#250102-0002B dated 8/5/85 (showing locus), •Bird's Eye Views of the project site (taken from Bing Maps, Microsoft Windows Live), *Recent site photographs (with annotations), *Plan entitled: "Existing Site Plan of Land" and Proposed Site Plan of Land" prepared by North Shore Survey Corp. dated 1/6/11 showing top of coastal bank wetland resource area and FEMA A-2 zone, Scale: 1"=10', •Legal advertisement (prepared by the Salem CC agent) attached separately. It is my understanding that I will notify the abutters (from the list of abutters provided to me by the Salem CC agent) via certified mail (RRR)with the attached form entitled: "Notification to Abutters'. I will submit receipts of the certified mailings to the Commission the night of the public hearing. PATROWICZ LAND DEVELOPMENT ENGINEERING It is also my understanding that you will submit the legal advertisement to the local newspaper for publication of the hearing date (at least 7-days prior to the night of the hearing). The owner/applicant have paid a deposit of$250 to cover the costs for the legal advertisement. The deposit and form was mailed directly to The Salem News, attn: Gloria, 32 Dunham Road, Beverly, MA 01915. It is my understanding that any overages will be refunded directly to the owner/applicant by the Salem News. One copy of the above NOI application package is being sent via certified mail to MassDEP- Wetlands, Northeast Regional Office, 2058 Lowell Street, Wilmington, MA 01887. The NOI Wetland Fee Transmittal Form and the State portion of the filing fee will be sent to MassDEP Lockbox, P.O. Box 4062, Boston, MA 02211. Thank you for taking this matter under consideration. We look forward to the public hearing on January 27, 2011. If you have any questions, please do not hesitate to call me. Sincerely, PATRO Z LAND DEVELOPMENT ENGINEERING Scott Patrowicz, P.E. cc. Lewis Legon, w/attachments cc. MassDEP-Wetlands, Northeast Regional Office w/attachments PATROWICZ LAND DEVELOPMENT ENGINEERING Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem CityfTown hen fia"`lling out When A. General Information W forms on the computer, use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 44 Columbus Avenue Salem 01970 cursor-do not use the return a.Street Address b.Cityrrown c.Zip Code key. Latitude and Longitude: d.Latitude e.Longitude � 44 147 f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: Lewis Legon and Patriciaewis Legon and Patricia Berking a. First Name b.Last Name Note: Before c.Organization completing this 44 Columbus Avenue form consult your local d.Street Address. Conservation Salem MA 01970 .Commission e.City/Town I.State g.Zip Code regarding any municipal bylaw 978-740-5346 or ordinance. h.Phone Number i.Fax Number j.Email Address 3. Property owner(required if different from applicant): ❑ Check if more than one owner a.First Name - b.Last Name c.Organization - d.Street Address e.City/Town f.State g.Zip Code h.Phone Number i.Fax Number j.Email address 4. Representative(if any): Scott Patrowicz, P.E. a. First Name b.Last Name Patrowicz Land Development Engineering c.Company 14 Brown Street d.Street Address Salem MA 01970 e. Cityrrown f.State g.Zip Code 978-836-6400 978-745-4110 scott.patrowicz@verizon.net h. Phone Number i. Fax Number j. Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $220 $97.50 $122.50 a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid wpaform3.doc•rev. 11/16/09 Page 1 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSalem City/Town A. General Information (continued) 6. General Project Description: The owner proposes to remove an existing porch (315+/-SF). The owner proposes to build a house addition on a new foundation (420+/-SF) in approximately the same area as the porch. The owner proposes to construct a new two-car asphalt driveway and landscaping. A snow fence will be installed to minimize wind-blown debris. 7a. Project Type Checklist: 1. E Single Family Home 2. ❑ Residential Subdivision 3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial 5. ❑ Dock/Pier 6. ❑ Utilities 7. ❑ Coastal Engineering Structure 8. ❑ Agriculture(e.g., cranberries, forestry) 9. ❑ Transportation 10. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal) or 310 CMR 10.53(inland)? 1. ❑ Yes E No If yes, describe which limited project applies to this project: 2.Limited Project 8. Property recorded at the Registry of Deeds for: Eseex a.County b.Certificate#(if registered land) 29035 564 c. Book d.Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ❑ Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas(see 310 CMR 10.54-10.58; if not applicable, go to Section 6.3, Coastal 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. For all projects affecting other Resource Area Size of Proposed Alteration Proposed Replacement(if any) Resource Areas, please attach a narrative a. El Bank 1.linear feet 2. linear feet explaining how b. ❑ the resource Bordering Vegetated area was Wetland 1.square feet 2.square feet delineated. c. ❑ Land Under 1.square feet 2.square feet Waterbodies and Waterways 3.cubic yards dredged wpaform3.doc•rev. 11/16/09 Page 2 of 8 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (contrd) Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of Flood storage lost 4.cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet replaced f. ❑ Riverfront Area 1.Name of Waterway(if available) 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a.total square feet b.square feet within 100 ft. c square feet between 100 ft.and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 6. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No 3. Z Coastal Resource Areas: (See 310 CMR 10.25-10.35) 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 your receipt b. ❑ Land Under the Ocean 1.square feet page)with all supplementary information you 2.cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment wpaform3.doc•rev. 11/16/09 Page 3 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement(if any) f. ® Coastal Banks only in buffer zone to coastal bank g. ❑ Rocky Intertidal Shores 1.square feet h. ❑ Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation � i. ❑ Land Under Salt Ponds 1.square feet 2.cubic yards dredged j. ❑ Land Containing Shellfish 1.square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.cubic yards dredged I. ® Land Subject to 800 SF (per FEMA map: Coastal Storm Flowage shaded portion floodzone) 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section B.2.b or B.3.h above, please enter the additional amount here. a.square feet of BVW b.square feet of Salt Marsh & ❑ Project Involves Stream Crossings a.number of new stream crossings b.number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/priority habitat/online viewer.htm. 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 10/06 Route 135,North Drive b. Date of map Westborough,MA 01581 wpaform3.doc•rev. 11/16/09 Page 4 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSalem Cityfrown C. Other Applicable Standards and Requirements (cont'd) If yes, the project is also subject to Massachusetts Endangered Species Act(MESA) review(321 CMR 10.18). To qualify for a streamlined, 30-day, MESANVetlands Protection Act review, please complete Section CAL, and include requested materials with this Notice of Intent(NOI); OR complete Section CAA, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). 1. c. Submit Supplemental Information for Endangered Species Review' 1. ❑ Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage (b)outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work•"` (a)❑ Project description (including description of impacts outside of wetland resource area& bufferzone) (b) ❑ Photographs representative of the site (c)❑ MESA filing fee (fee information available at: http://www.mass.gov/dfvvele/dfw/nhesp/regulatory review/mesa/mesa fee schedule htm). Make check payable to"Commonwealth of Massachusetts- NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit: (d)❑ Vegetation cover type map of site (e)❑ Project plans showing Priority& Estimated Habitat boundaries d. OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2. ❑ Separate MESA review ongoing. a. NHESP Tracking# b. Date submitted to NHESP Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see http://www.mass.gov/dfwele/dfw/nhesp/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. MESA projects may not be segmented(321 CMR 10.16).The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. wpaform3.doc•rev. 11/16/09 Page 5 of 8 LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSalem City/Town C. Other Applicable Standards and Requirements (cont'd) 3. ❑ Separate MESA review completed. Include copy of NHESP"no Take"determination or valid Conservation & Management Permit with approved plan. 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. ❑ Not applicable—project is in inland resource area only b. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to either: South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire: Island,and the Cape&Islands: Division of Marine Fisheries- Division of Marine Fisheries- Southeast Marine Fisheries Station North Shore Office Attn: Environmental Reviewer Attn: Environmental Reviewer 1213 Purchase Street—3rd Floor 30 Emerson Avenue New Bedford, MA 02740-6694 Gloucester, MA 01930 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online users: a. ❑ Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water your receipt (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? page)with all supplementary a. ❑ Yes ® No information you submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act(M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? a. ❑ Yes ® No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1. ❑ Applying for Low Impact Development(LID) site design credits(as described in Stormwater Management Handbook Vol. 2, Chapter 3) Z ❑ A portion of the site constitutes redevelopment 3. ❑ Proprietary BMPs are included in the Stormwater Management System. b.® No. Check why the project is exempt: 1. ® Single-family house wpafonn3.doc•rev. 11/16/09 Page 6 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number Ll WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Citylrown C. Other Applicable Standards and Requirements (cont'd) 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project)with no discharge to Critical Areas. D. 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. 1. 0 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. ® Plans identifying the location of proposed activities(including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ® Identify the method for BVW and other resource area boundary delineations(MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOI. Proposed Site Plan of Land a. Plan Title North Shore Survey Corp. Gail Smith, R.L.S. b. Prepared By c.Signed and Stamped by January 18, 2011 1"= 10' d. Final Revision Date e.Scale Existing Site Plan of Land January 6, 2011 f.Additional Plan or Document Title g.Date 6. ❑ 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. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. 0 Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. wpaform3.doc•rev. 11/16/09 Page 7 of 8 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/Town E. Fees 1. ❑ Fee Exempt: 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: 14 701, /�i./at n// 2. Municipal Check Number 3.C eck date 4. State Check Number 5.Check_date /io.t.)A rw 6 me Payor naon check:First Name 7.Payo nJoe on check:Last Name F. 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 by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested)to all abutters within 100 feet of the property line of the project location. o Ap t 2. Dat H OF .M 3.Signature of Props er nif different) �y�`c q 44. Dates p SCOTT IAN Z Lp 10 5.Signature of Rep esentative(if any) CIVIL mi 6.Date O ti No.33656 9 O For Conservation Commission: A9OFFSS ONALE Two copies of the completed Notice of In including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office (see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the"yes" box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaform3.doc•rev. 11/16/09 Page 8 of 8 Massachusetts Department of Environmental Protection ILIBureau 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 key Lewis Legon and Patricia Berking to move your a.First Name b.Last Name cursor-do not use the return key. c.Organization 44 Columbus Avenue VQ d.Mailing Address Salem MA 01970 e.CitylTown I.State g.Zip Code 978-740-5346 h.Phone Number i.Fax Number j.Email Address 2. Property Owner(if different): a. First Name b. Last Name c.Organization d.Mailing Address e.City/Town I.State g.Zip Code h. Phone Number i.Fax Number I.Email Address 3. Project Location: 44 Columbus Avenue Salem a.Street Address b.City/Town To calculate B. Fees filing fees, refer to the category The fee should be calculated using the following six-step process and worksheet. Please see fee list and 9 9 P examples in the Instructions before filling out worksheet. instructions for filling out WPA Form 3(Notice of Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and Intent). buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2) times the fee per category(identified in Step 3)to reach a subtotal fee amount. Nate: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract $12.50. To calculate the city/town share of the fee, divide the total fee in half and add $12.50. Wpaform3.doc•Wetlar Fee Trammittal Form•rev.MIM Page 1 ort I L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/individual Fee Activity Fee 1a. House addition 1 $110 $110.00 1b. Driveway 1 $110 $110.00 Step 5/Total Project Fee: $220.00 Step 6/Fee Payments: Total Project Fee: $2 ToF Total a.Total Fee from Step 5 State share of filing Fee: $g7.50 b. 1/2 Total Fee less$12.50 City/Town share of filling Fee: $112.50 c. 1/2 Total Fee plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission:Send the Notice of Intent or Abbreviated Notice of Intent;a copy of this form; and the cityttown fee payment. To MassDEP Regional Office(see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent;a copy of this form;and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Wpafortn3.doc•Wetland Fee Tranemitlal Form•rev.2/21/08 Page 2 of 2 .. __. ..:_ ..._ .,ue s:"L_•_ :..._., ___." tom: - ...�_ -_ ._._._ _. HODGES COURT REAL ESTATE, = 12 7 2 WASHINGTON SQUARE EAST. 44 COLUMBUS AYE:_ - LEWIS LEGON SALEM MA 01920, y,, - . ✓ - _ 537055/2113'. DATE PAYTO-SHE ORDER OF so 22� '_ �-DOLLARS„ Salem�i�e - ,;�y, �� °+=�v��'art, s�.�-r�•. I 0A FOR C t� �WlaI�1 eJ .�L 11'00"3272ii' 0558I0 , �8R 40i63i1' HODGES COURT REAL ESTATE _1269 WASHINGTON SQUARE EAST:,' -: LEWIS;LEGON -.. �. . 44 COLUMBUS AVE. SALEM,:MA-01970 - .. - - '537055/2113 DATE =PAY TO THE c, ORDER OF1S0 Do f ... FM FOR S11v►?'t .:SLY�%l� Not°"�l�M"F� -," ,.""" n'00i26i1' �• 2-1i370558� -3631• HQDGES COURT REAL ESTA E: " °r 12 71 y�WASHINGTONSQUA'�S�EA$T„`.� �» � LEWIS�LEGON�• "" "'�'' '' •w,r - i' 44 COLUMBUS AVE' _ - ^��_,4 ,;,�y a... " �— .i'" .✓' +�'.. ,/'�.,,�; .. DATE � �,� 5 ;-..•.. t -.. Ame QP '� n v...i t'... Y✓in 3 WC Eagle - T iDUne ermW%J%.DiM%,M 14•2. i Salem News k�.a i:-CANrmen, 1?r S Newburyport Daily News vr► v L foe: Gloucester Times ,4£ �F6-m ft-T ow REQUEST FOR LEGAL NOTICE S 0,Mv P. I understand that b signing this form I am agreeing to the cost of the legal notice to be published in the news a er. Y`>9 9 9 9 9 P P Payment is required at the time of the legal notice received by the city. Please make checks payable to the paper that u!I be publishing the legal notice_ I "`Average legal notice costs are estimated. "C.USCOmer will either be refunded or billed when the legal notice is published. Eagle Tribune Paper- $200.00 per day ! Essex County Papers =$250.00 per day Check# '_,, 1 Ar%-^f.01 QW,0 i Credit Card (please call with the credit card information to the person receiving the legal notice at our paper) I i 1 � 13 � It Signed ApplicanUAuthorized Agent Date Print Name \.+r. %,rk S kJE C4-J Address 4- Phone AAE s*-r4 978- � Sc. • tem o 0 eee : RUN y� VN i.F®RpflSp�ill �,iuW,/o C�idvm i � �+ 1 �� P •' /4,�,IYq L i SO gal Wzlow/ VIEW OR WON 0, �eLV�i�"1�};,> �9A®® I��pq�t��IBL�� yE'x ..tP��g � - ��,�` r�/► 751--1_62111 I � �'z"'r �� zzz �� J�� ' '� VA � � � �� vE4�nJ�V�.. I 4 n , k+7i esi� g o 14 calf m.. aim„✓ L IJP a:>�� '�.I��•—e-� (I�� ® ��9�0/ � � . �• �h5��es�i `•"� \'��¢� I ��f.J•7 "S ��jy u:�y r^/ S ° �:pp �C` CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS BOARD/COMMISSION: Conservation Commission PROJECT SITE: 44 Columbus Ave. (44-0147-0) DAiE: 1/11/2011 DESCRIPTION OF REQUIREMENT: All abutters and any property owner within 100 feet of the property line of the land where the activity is proposed including if land is separated by a public or private street or a body of water and not unreasonably distant from the project site. This is to certify that the time of the last assessment for taxation made by the City of Salem,the names and addresses of those listed on the attached sheets are"abutters and property-Nvners" (as &Efic—A bm 'Wetlands Protection Act-1101 C1'v'.IR 10.05(4l(a))to`uhe parcel(s) of land listed above as the project site. Assessor's Signature: Date: dff Number of initialed pages attached: Once Certified,Return to: Frank Taormina,Department of Planning and Community Development .1 i wetcaue ro rh Gtiry o to r, a "� rise d' Property Viewer � a New Property Search Property Record Card A HELP 74: Property ID 44_0147 0 332 feet ''" Address »w-. . U3 AVENUE Owner LEGON LEWIS Property ID 44_0044_0 seNness 35 COLUMBUS AVENUE Owner BREWSTER DAVIDT Property ID 440149 0 Address x CuLumnua Avevut Owner FITZGERALD RUTH ANNE Property ID 44_0148_0 Address 40 COLUMBUS AVENUE Owner LVALLANDREWG p re ,4k " fi m '&�. Property t0 44_0045_0 �' Address 41 COLUMBUS AVENUE /`� "� 'i Owner y- :,GLlilvieu3 Avci40c nrviTr TR Property ID 44 0147_0 Address 44 COLUMBUS AVENUE _ \ Y r t 1 '"' }� I SeachUse Add/Renpve r Add Abutter r Y'e a • I - r Distance 100---- ft Pararlstcoleo Parcels Remove �.'Lo _. F.. '+-�• Target Parcels ( '3 Madmn lapels "I Fxnnd ' Scalet 332 it Salem Cfey Ha1193 Vt,skington Street;.Safem,MA 01970 Phcmt.9?&745-9595 Ctly Hall Hours a Operation:Monday,Tuesday&Wednesday SAM-4PM Thursday HAM-7PM Pdday SAM-1£PM SAe desq�tl M�PPr=eo. 44 0044_0 BRE WSTER DAVID T 35 COLUMBUS AVE SALEM,MA 01970 44_0149_0 F1TZGc'RALD RUTH ANNE 38 COLUMBUS AVE SALEM,MA 01970 44_0148_0 LYALL ANDREW G 40 COLUMBUS AVE SALEM,MA 01970 44_0045_0 41 COLUMBUS AVENUE REALTY TR 41 COLUMBUS AVE SALEM,MA Gi970 44_0147_0 LEGON LEWIS 44 COLUMBUS AVE SALEM.MA 01970 44_0146_0 SALEM LAND CONSERVATION TR INC 120 WASHINGTON STREET SALEM,MA 01970 44_0050_0 PINTO STEVEN 55 COLUMBUS AVE SALEM,MA 01970 44_0046_0 POWERS IDONALD I DUSTIN ST SALEM,MA 01970 44_0049_0 WHITTEN SETH 2 DUSTIN ST SALEM,MA O1970 44_0019_0 MARY EBALLOU REV TRUST THE 5 WINTER ISLAND RD SALEM,MA 01970 L CITY OF SALEM CONSERVATION COMMISSION NOTICE OF PUBLIC HEARING NOTIFICATION TO ABUTTERS Under the Massachusetts Wetlands Protection Act &the City of Salem Wetlands Protection Ordinance A Public Hearing will be held at Salem City Hall Annex, 120 Washington St,3rd fl., Salem,MA at 6pm on: JANUARY 27,2011 To consider a Notice of Intent for: LEWIS LEGON&PATRICIA BERKING For the property located at 44 COLUMBUS AVENUE,MAP 44, LOT 147 For a HOUSE ADDITION AND DRIVEWAY This is a public hearing under the requirements of G.L. Ch 131 Section 40, as amended, and the Salem Wetlands Protection Ordinance and Regulations. Plans are available at the City of Department of Planning and Community Development, City Hall Annex, 120 Washington Street, 3`d floor, Salem, MA from 8am-4pm Mondays thru Wednesdays, 8am-7pm on Thursdays, and 8am-12pm(noon) on Fridays. For more information please contact the City of Salem Conservation Agent at 978-619-5685. Note: Notice of the public hearing,including its date,time and place,will be published at least a week prior to the meeting date in The Salem News. Note: Notice of the public hearing,including its date,time,place,will be posted on the Public Meetings Bulletin Board in Salem City Hall,93 Washington Street, Salem,Mass not less than 48-hours in advance. Note: Please submit written comments to the Salem Conservation Commission, City Hall Annear, 120 Washington Street, Salem,MA 01970 by the public hearing date. Comments can also be emailed. Please contact the Conservation Agent at 978-619-5685 to confirm email address. Note: You also may contact the nearest Department of Environmental Protection (DEP) Regional Office for more information about this application or regarding the Massachusetts Wetlands Protection Act. To contact DEP call: CentralRegion: (508)792-7650 QQ Northeast Region: (978)694-3200 Southeast Region: (508)946-2714 Western Region: (413) 784-1100 AFFIDAVIT OF SERVICE Under the Massachusetts Wetland Protection Act (to be submitted to the Massachusetts Department of Environmental Protection and the Conservation Commission when filing a Notice of Intent) I `�C"�f � "�t T .hereby certify under the pains and penalties of perjury that on (Name of Person Making the Affidavit) � ) Za 1 t 1 I gave notification to abutters in compliance with the second paragraph of Massachusetts (Date) General Laws Chapter 131,Section 40,and the DEP Guide to Abutter Notification dated April 8,1994,in Connection with the following matter. A Notice of Intent filed under the Massachusetts Wetlands Protection Act by ts `C(eor-a F, IW4 C—A!sRye NL.s w+�a with the Salem Conservation (Name of Applicant) Commission on I:+I I I for property located at (Date) (Location of Property) tsAfffifidavit the notification,and a list of the abutters to whom it was given and their addresses are attached of Service. Name Date r f r d41t { Yft / =r' r s3 , 5 will, • \ pp p ,,y /k t Y _ A KY yWOO,Fit A F( K � v ly, -Nn 77 ESSiX COUNTY lz PANEL 2 OF 5 © l 1 h ti t 1 der i,MA 01970-5712 ain9 Mnps'-windows l nterne[Erzpinrer .1• IN W=35m p bn " � Neai E�Ierl9nmen: Vitleo $yns \Mrry fu Pas IXes111e H¢pW Alis! $e It Fun F"edars l.itc - ShrGs opping laws Maps-More I MSP!'Hotmad� �rP LIM` Si i Bost n Aa . p 0 0 •� \ +�'� ♦ +2 ��'. }. t - � .'S�u it 11 Qw p IU 14, Mr .rt � �. � �` �;• �a`Y':_�, 1 . 1�'y,�� +'•J. z. `+-. qr � , x-i-fi �., \�.-' � I'.�k� -� A+'1 pP�A.y M. 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'.`-_. �� 42, i'4( F i6 KK �f yN. k 4 LAND DEVELOPMENT ENGINEERING January 12, 2011 City of Salem Conservation Commission Municipal Building 120 Washington Street Salem, MA 01970 RE: Notice of Intent Application: Proposed House addition and driveway #44 Columbus Avenue, Salem, MA Assessor's Map 44, Lot 147 PLDE# 11-01 Dear Commission Members: On behalf of Lewis Legon and Patricia Berking (owner and applicant), I respectfully request.that you review the attached Notice of Intent (NOI) application in compliance with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Protection Ordinance. The top of coastal bank is defined as the top of the existing seawall. The coastal bank is determined using MassDEP Policy 92-1 Figure 2:-The FEMA A-2 (elevation 10.0 NGVD of 1929) line is shown on the attached Site Plans. The entire property is within the 100-foot buffer zones (refer to Note 5 on the plans). The proposed scope of work for this Notice of Intent application will include: (1) Installation of a snow fence to catch wind blown debris. A silt fence is not required at this site, since the top of seawall is higher than the adjacent lawn and acts like a curb to prevent the migration of any erosion, (2) Removal of landscaping for access to the back yard, (3) Removal of an existing porch and it's foundation(footprint size of existing patio = 315 +/- SF), (4) Install a new poured concrete foundation in mostly the same footprint as the porch and along the east side of the house, (5) Install a new house addition (footprint size for new house addition =420 +/- SF), 14 Brown Street, Salem, Massachusetts 01970 Cell: 978-836-6400 .Fax: 978-745-4110 Email: scott.patrowicz@verizon.net (6) Install a new patio and steps in the backyard (footprint size for new patio/steps = 320 +/- SF), install new landscaping, (7) Install a new asphalt driveway (footprint size for new two-car off-street parking = 375 +/- SF). The runoff will continue to flow into the municipal street across the existing concrete sidewalk. The existing sidewalk may need to be rebuilt for the new curb cut depending on the requirements of the Salem DPW. No work will occur within the coastal bank wetland resource area. No work will occur below mean high water. All work is within the 100-foot buffer zone. I respectfully submit eight (8) copies of the Notice of Intent application to include the following: •NOI Application (WPA Farm 3), •NOI Wetland Fee Transmittal Form, •Copy of check for$97.50 (NOI filing fee made payable to the Commonwealth of Mass), •Check for$122.50 (NOI filing fee made payable to the City of Salem), •Check for$250:00 (payable to Salem News)to cover the cost for the legal advertisement, •List of abutters and map (prepared by Salem CC and Assessors), •Form entitled: City of Salem Notice of Public Hearing Notification to Abutters, •Form entitled: Affidavit of Service (Abutter Notification), •USGS Locus Map, Scale=1:25,000 (approximately: 1"=2000'), •Bird's Eye Views of the project site (taken from Bing Maps, Microsoft Windows Live), •Recent site photographs (with annotations), *Plan entitled: "Existing Site Plan of Land" and Proposed Site Plan of Land" prepared by North Shore Survey Corp. dated 1/6/11 showing top of coastal bank wetland resource area and FEMA A-2 zone, Scale: 1"=10', •Legal advertisement (prepared by the Salem CC agent) attached separately. It is my understanding that I will notify the abutters (from the list of abutters provided to me by the Salem CC agent) via certified mail (RRR)with the attached form entitled: "Notification to Abutters". I will submit receipts of the.certified mailings to the Commission the night of the public hearing. It is also my understanding that you will submit the legal advertisement to the local newspaper for publication of the hearing date (at least 7-days prior to the night of the hearing). The applicant has paid a deposit of$250 to cover the costs for the legal•advertisement. It is my understanding that any overages will be refunded directly to the owner/applicant. One copy of the above NOI application package is being sent via certified mail to MassDEP- Wetlands, Northeast Regional Office, 205B Lowell Street; Wilmington, MA 01887. The NOH Wetland Fee Transmittal Form and the State portion of the filing fee will;be sent to MassDEP Lockbox, P.O.Box 4062, Boston, MA 02211. PATROWICZ LAND DEVELOPMENT ENGINEERING i Thank you for taking this matter under consideration. We look forward to the public hearing on January 27, 2011. If you have any questions, please do not hesitate to call me. Sincerely, PATRO Z LAND DEVELOPMENT ENGINEERING Scott Patrowicz, P.E. cc. Lewis Legon, w/attachments cc. MassDEP-Wetlands, Northeast Regional Office w/attachments } _F �t PATROWICZ LAND DEVELOPMENT ENGINEERING - Massachusetts Department of Environmental Protection Provided by MassDEP , - Bureau of Resource Protection - Wetlands MassDEP File Number T' WPA Form 3 - Notice of Intent` Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem City/rown When filling out 'mp°"�"` A. General Information forms on the conly omput tab Ivey use 1. Project Location (Note: electronic filers will click on button to locate project site): - to move your 44 Columbus Avenue Salem cursor-do not 01970 a.Street Address use the return b.Cityrrown c.Zip Code ke�y�I I Latitude and Longitude: d.Latitude e.Longitude _t�V �' 44 147 f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: Lewis Legon and Patricia Berkinq a.First Name b.Last Name Note: Before c.Organization completing this form consult 44 Columbus Avenue your local d.Street Address Conservation Salem MA 01970 Commission e.Cityrrown regarding any f.State g.Zip Code municipal bylaw 978-740-5346 or ordinance. h.Phone Number i.Fax Number /.Email Address 3. Property owner(required if different from applicant): ❑ Check if more than one owner a.First Name _ b.Last Name - C.Organization d.Street Address - e.Cdy/rown f.State- g.Zip Code . . h.Phone Number i.Fax Number - i.Email address 4. Representative(if any): Scott Patrowicz, P.E. a.First Name .b.Last Name ^ Patrowicz Land Development Engineering c.Company 14 Brown Street ` r+ ` - d.Street Address - Salem MA 01970. e.City/rowu - f.State g.Zip Code 978-836-6400 978-745-4110. scott.patrowicz(aDverizon.net - -„ h.Phone Number i.Fax Number 'j.Email address ,. 5. Total WPA Fee Paid(from NO[Wetland Fee Transmittal Form): $220 $97.50 $122.50 a.Total Fee Paid b.State Fee Paid c.City/rown Fee Paid ^.wpaform3 doc'�rev 11/16/09 . {''6 !€ Page 1 of 1 LlMassachusetts Department of Environmental Protection Provided by MassDEP_: Bureau of Resource Protection - Wetlands MassDEPFile Namber s>>, °f WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number Salem C@yrrown A. General Information (continued) 6. General Project Description: The owner proposes to remove an existing porch (315+/-SF). The owner proposes to build a house addition on a new foundation (420+/SF) in approximately the same area as the porch. The owner proposes to construct a new two-car asphalt driveway and landscaping. A snow fence will be installed to minimize wind-blown debris. 7a. Project Type Checklist: 1. ® Single Family Home 2. ❑ Residential Subdivision 3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial 5. ❑ Dock/Pier 6. ❑ Utilities 7. ❑ Coastal Engineering Structure 8. ❑ Agriculture(e.g., cranberries, forestry) 9. ❑ Transportation 10. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal)or 310 CMR 10.53(inland)? 1. ElYes ® No If yes, describe which limited project applies to this project: 2. Limited Project 8. Property recorded atthe Registry-of Deeds for: Eseex a.County - b.Certificate#(if registered land) - 29035 564 a Book - d.Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ® Buffer Zone Only—Check f,the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas(see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal 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. For all projects affecting other Resource Area Size of Proposed Alteration Proposed Replacement rd any) ResourceAreas, please attach a a. ❑ Bank narrative 1.linear feet 2.linear feet explaining how b. ❑ Bordering Vegetated ,the resource 9 9 area was, Wetland 1.square feet - 2.square feet . delineated: - c. ❑ Land Under Waterbodies and 1.square feet 2.square feet Waterways 3.cubic yards dredged l wpaform3 doc rev. 11%16/09 $ . . Page 2 of 8 1 FEMA FLOOD ZONE A2 (EL 10) & JUNIPER COVE TOP OF COASTAL BANK RUN CONCURRENT WITH FACE OF =�5 ;30 SEAWALL 50 —o--_� SNOW FENCE TO I EXISTING LAWN BATCH WIND I _ BLOWN DEBRIS TO REMAIN .:..c> ujII lawn i irs PROPOSED ® / I PATIO existing stairs e to be moved Wo planting bed 1^.W g --� y.>r --- ANDREW G. LYAI_L. m d t *sem EXISTING, w i 3 <,µ:�` 'r°'m° i•, - 40 CCLUMBU$ AVE.. SLANDING #._EXISTING PORCH - : + zPROF' SED ADDITIONCL z 71 g--- I 9ii! 4 77777777777777 777 ::a '.77 1\71777777, �. �._... 97i - \ :H K FEMA FLOOD ZONE, I \ redo existing stairs A" (EL 10) T6P OF COASTAL �I f 1 U 1 BANK RUN o 2 story dwelling �\ CONCURRENT l I WITH FACE OF SEAWALL \ �I4 \ \ PL41J rNC5 CifiUH� 14 n \ i sss - PRa�'9SER � ��... VAS PH'�+L.T I—_.,„,.�. L..� 1 .� \. �1�i�• 11 6i- 50't �I ; 11 -- 5 —� — --'l --- ;,: 5.71 878 — �— -- .. Ourt '' / 6..•- // SIDEWARECONLK TRUBT / SIDEWALK 3c CURD / �?• J FOR NEW CURB CUT / CO, ,/` ._ US-f AVENUE-EN U E PER SALEM DPW SPEC— / 'y�,�vl!"111IIIAyyy� iV! BENCHMARK SMH RIM=9.0421- �. - T91t �� -4.A NOTES ' I a;��M� / 1. ELEVATIONS BASED ON NGVD 1929. BENCHMARK — RM 7 — CHISELED *X' ON BOLT ON 70P OF 1RE HYDRANT AT NORTHERN CORNER OF INTERSECTION .. OF FORT AV.E AND BAY VIEW AVE. r� � o-, PROPOSED SIVE PLAN OF LAIRD 2. corlrouR INTERVAL t Fool. � . 44 COLUMBUS AVENUE SALEM 3. ON SITE BEtIf,HMARK — SEWER MANHOLE RIM — FLEVATiG� ' 950` . I 4. LOT AREA = 4350 t SQUARE FEET TO ,MF.tet'd HIGH WATER. PROPERTY OF 5. ENTIRE LOT IS LOCATED WITHIN THE 100' BUFFER ZONE. LEVVIS LEGON & PATRICIA BERKING 6. ENTIRE LOT IS LOCATED .WITHIN A2 SHADED AREA ON 1HE FEMA. MAP, SCALE 1„ = 10' JANUARY 18,-2M10 �Q THEREFORE LOT IS WITHIN LAND SUBJECT TO COASTAL STORM FLOWAGE. NORTH STORE SURVEY CORPORATION k / \ SHOWS PLANTING TO BE REMOVED. 14 BROWN STREET, SALEM MA978-7.44-4800 #3511 k. { FEMA FLOOD ZONE ' —A2 (EL 10) & JUNIPER COVE fOP Or" COASTAL SANK Ri,N CONCURRENT WITH FACE OF SEAWALL 46 10,74 Lis 50s `. I Ld 0 / \ 894 +85? 79 B aG/ planting betl ysi ANDREW G. LYACL I 8'99 40 COLUMBUS AVE. LANDING w \ PORCH s91 a. _DE - 91S 9-dl a- I I *I CQ 00 FEMA FLOOD ZONE A2 (EL 10; s TOP OF COASTAL iv \, - l BANK RUNI� 2 story dwelling - CONCURRENT y L WITH FACE OF 114 SEAWALL I '"6 ii m - I v \ I \ I a �4\ PLANTINGS/ SHRUBS 3 ;G $ l a s porch L & 1: ' 50't 5'e6 y..91 5.95 v. U concrete sidewalk / � -- -- —_ - .c'.55 5 5.91 1A.61 Wl/ 3� COLUMBUS / /A �3 f J � S � AVEN BENCHMARK SMH RIM=9.04 AA NOTES: 0�3 NOTES: 1. ELEVATIONS BASED ON NGVD 1929. BENCHMARK - o sir RM 7 - CHISELED "X' ON BOLT ON TOP OF FIRE HYDRANT AT NORTHERN CORNER OF INTERSECTION y y y OF FORT AV.E AND BAY VIEW AVE. EXISTING SITE PLAN OF LAND 2. CONTOUR INTERVAL 1 FOOT. ' "'M 44 COLUMBUS AVENUE 3. ON SITE BENCHMARK - SEWER MANHOLE RIM - ELEVATION = 9.04. SALEM 4. LOT AREA = 4350 t SQUARE FEET TO MEAN HIGH WATER. PROPERTY OF 5. ENTIRE LOT IS LOCATED WITHIN THE 100' BUFFER ZONE. LEWIS LEGION & PATRICIA BERKING 6. ENTIRE LOT IS LOCATED WITHIN A2 SHADED AREA ON THE FEMA MAP, SCALE 1" = 10' JANUARY 6,-2Af&-a 0 tl THEREFORE LOT IS WITHIN LAND SUBJECT TO COASTAL STORM FLOWAGE. NORTH SHORE SURVEY CORPORA11ON 14 BROWN STREET, SALEM MA 978-744-4800 #3511