64-519 - 11R WINTER ISLAND ROAD - CONSERVATION COMMISSION SUDBURY DESIGN GROUP
LANDSCAPE ARCHITECTURE I CONSTRUCTION I GARDEN SERVICES
4 � �
August 27, 2014
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Tom Devine, Senior Planner 3
City of Salem Department of Planning&Community Development _
120 Washington St., 3rd Floor
Salem, MA 01970 r
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Re: 0 V
Request for Minor Modifications to Approved Site Plan
P
Jackson Residence
11R Winter Island Road
Salem, MA 01970 Y
Assessors Map/Plat Number 44—Parcel/Lot Number 22
MassDEP File #64-519
Dear Members of the Conservation Commission,
The property of 11R Winter Island Road, MassDEP File#64-519 is under new ownership since it
was last in front of Conservation and the Order of Conditions was written. The current applicant,
Brian and Erin Jackson, contacted Sudbury Design Group with the intent to repair and replace the
failing paver terrace that was installed by the previous applicant. During the design process, it was
discovered and brought to their attention that there was an open Order of Conditions for the
property. The current Applicant was not notified during the sale of the property of any of the
conservation issues on the site. With concern, North Shore Survey Corporation was then contracted
to conduct an as-built survey to evaluate and compare what was built to the approved Site Plan dated
December 7', 2011. Attached please find the resulting as-built Site Plan dated June 9, 2014 by Gail
Smith of North Shore Survey Corporation.
The Jacksons and I have been working closely to draft a revised site plan that is sensitive to the
amount of impervious surface that was previously approved. Attached, for your review,please find a
copy of the Landscape Site Plan dated August 13`s, 2014. It is the Applicant's intent to implement an
acceptable design with minor modifications.
Thank you for your consideration.
Respectfully,
Ryan Macomber
Registered Landscape Architect
Sudbury Design Group
740 Boston Post Road I Sudbury,Massachusetts 01776 1978.443.3638 SUDBURYDESIGN.COM
Brian and Erin ,lackson
11 Winter Island Road
Salem,MA 01970
603.479.1351
b.k.jackson@mac.com
September 16, 2014
Elizabeth Rennard, Esq.
City Solicitor for the City of Salem
93 Washington Street
Salem, MA 01970
Dear Ms. Rennard
I am writing to inform you of a potential issue regarding a masonry wall on city property
abutting our property at 11 Winter Island Road. My wife Erin and I purchased the
property on March 1st, 2013. Unbeknownst to us, the builder of the property had
repaired the wall without getting the permission of the city or of the Conservation
Committee prior to the sale. In dealing with the Conservation Committee on a minor
change to an order of conditions, we have determined that the wall repair can be
addressed as an after-the-fact modification. This was determined at the Committee's
meeting on 9/11/2014.
We wanted to ensure that the city was informed of the repair, and work with the city if
there were any further questions or actions that needed to be taken.
Please feel free to contact me directly at 603.479.1351.
Sincerely,
�ti
Brian Jackson
CC: Tom Devine, Conservation Agent / Staff Planner
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CITY OF SALEM
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CONSERVATION COMMISSION
June 4, 2013
William Wharff
30 Federal Street
Salem,MA 01970
Re: Wetlands Violations, #64-519, 11R Winter Island Road
Certified Mail#: 7012 1640 0002 3312
Dear Mr. Wharff:
It has come to the Conservation Commission's attention that the project at 11R Winter Island Road is
in violation of the following conditions of its Order of Conditions,DEP#64-519.
WPA = WPA Form 5
Attachment = Attachment to Order of Conditions
#3(Attachment):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 tbis property without prior approval from the Commission.
#13(WPA): The work shall conform to the plans and special conditions referenced in this order.
In addition to the work approved in the order, a portion of a wall within coastal beach, coastal
bank, and land subject to coastal storm flowage on the site has been substantially
reconstructed.
#15(Attachment).Any proposed changes in the approved plans)or any deviation in construction from the
approved plans)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 f eld,as to whether
the cbange(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.
#14(WPA):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.
The Commission received no prior notice regarding the aforementioned work.
#16(Attachment).In conjunction with the sale of this property or any portion thereof before a Certificate of
Compliance has been issued, the applicant or current landowner shall submit to the Commission a statement
signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has
received a copy of the Order of Conditions.
Pagel of 2
1
A property deed recorded at the South Essex Registry of Deeds on March 4, 2013 (book 32263,
page 450) conveyed the property from 11R Winter Island LLC (signed by member William
Wharff) to Brian and Erin Jackson. The Commission has not received a statement signed by
the buyers stating that they are aware of the outstanding order and have received a copy of it.
In addition, as mitigation for the unauthorized installation of crushed stone on the public way adjacent
to 11R Winter Island Road, the Commission required at its February 14, 2013 meeting installation of a
removable bollard between the public way and the beach in order to prevent a snowplow from
pushing the stone into the beach but to allow public access to the beach. I have been unable to verify
that this bollard is removable.
In order to comply with the Wetlands Protection Act and Salem's Wetlands Ordinance, the
Commission requires the following actions:
• No later than June 27, 2013, schedule a site visit with me to demonstrate that the bollard is
removable. If the bollard is not removable, this enforcement directive will be updated to
require the installation of a removable bollard.
• No later than June 27, 2013, submit to the Commission a statement signed by the buyers
stating that they are aware of the outstanding Order of Conditions on the property and have
received a copy of the order.
• No later than July 3, 2013, submit a written notice to the Commission seeking a determination
as to whether reconstruction of the wall requires an amendment to the order of conditions or
issuance of a new order of conditions.
Pursuant to the Massachusetts Wetlands Protection Act, M.G.L.c.131§40, its regulations at 310 CMR
10.00, and Salem's Wetlands Protection &Conservation Ordinance, c.50, failure to comply with an
Order of Conditions may result in enforcement action including the issuance of fines up to $200 per
violation per day.
Please contact me at 978-619-5685 with any questions.
Sincerely,
Tom De(ne
Conservation Agent/Staff Planner
CC: Brian and Erin Jackson
DEP Northeast Regional Office
Scott Patrowicz,Patrowicz Land Development Engineering
Thomas St. Pierre, Building Inspector
David Knowlton, City Engineer
Beth Rennard, City Solicitor
Page 2 of 2
CITY OF SALEM
CONSERVATION COMMISSION i
120 WASHINGTON STREET, SALEM,MASSACHUSETTS 01970
7012 1640 0002 3312 8208
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NAME
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A eamharff 1ST NOTICE
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Salem, MA 01970 2N—D NOTICEJUN t 2 zon 3 o
RETURN ,JJJtJ 7 (1 ZOA �a
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COMPLETE THIS SECTION ON DELIVERY
SENDER: COMPLETE THIS SECTION
1 ■ Complete items 1,2,and 3.Also complete A. Signature '
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-- 1 Rem 4'If Restricted Delivery is desired. X 0 Agent '.
■ Print your name and address on the reverse ❑Addressee
so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery j
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from Rem 17 0 Yes
1. Article Addressed
If YES,enter delivery address below: No
1 o�q 7v
3. Service Type I ,
MICerlifled Mail 0 Express Mall
0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes CT.
2. Article Number 7012 1640 0002 3212 8208 1
i (Transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt tozse5-02-M-tsao — `,
eON�lr/
j CITY OF SALEM
INQtnme
CONSERVATION COMMISSION
June 4, 2013
William Wharff
30 Federal Street
Salem, MA 01970
Re: Wetlands Violations, #64-519, 11R Winter Island Road
Certified Mail#: 7012 1640 0002 3312
Dear Mr. Wharff:
It has come to the Conservation Commission's attention that the project at 11R Winter Island Road is
in violation of the following conditions of its Order of Conditions,DEP#64-519.
WPA = WPA Form 5
Attachment = Attachment to Order of Conditions
#3(Attachment):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.
#13(WPA): The work shall conform to the plans and special conditions referenced in this order.
In addition to the work approved in the order, a portion of a wall within coastal beach, coastal
bank, and land subject to coastal storm flowage on the site has been substantially
reconstructed.
#15(Attachment):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 he accompanied by a written inquiry prior to their implementation in the f eld,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.
#14(WPA):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 f ling of
a new Notice of Intent.
The Commission received no prior notice regarding the aforementioned work.
#16(Attachment):In conjunction with the sale of this property or any portion thereof before a Certificate of
Compliance has been issued, the applicant or current landowner shall submit to the Commission a statement
signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has
received a copy of the Order of Conditions.
Page 1 of 2
A property deed recorded at the South Essex Registry of Deeds on March 4 2013 (book 32263
g rY � >
page 450) conveyed the property from 1 1 Winter Island LLC (signed by member William
Wharff) to Brian and Erin Jackson. The Commission has not received a statement signed by
the buyers stating that they are aware of the outstanding order and have received a copy of it.
In addition, as mitigation for the unauthorized installation of crushed stone on the public way adjacent
to 11R Winter Island Road, the Commission required at its February 14, 2013 meeting installation of a
removable bollard between the public way and the beach in order to prevent a snowplow from
pushing the stone into the beach but to allow public access to the beach. I have been unable to verify
that this bollard is removable.
In order to comply with the Wetlands Protection Act and Salem's Wetlands Ordinance, the
Commission requires the following actions:
• No later than June 27, 2013, schedule a site visit with me to demonstrate that the bollard is
removable. If the bollard is not removable,this enforcement directive will be updated to
require the installation of a removable bollard.
• No later than June 27, 2013, submit to the Commission a statement signed by the buyers
stating that they are aware of the outstanding Order of Conditions on the property and have
received a copy of the order.
• No later than July 3, 2013, submit a written notice to the Commission seeking a determination
as to whether reconstruction of the wall requires an amendment to the order of conditions or
issuance of a new order of conditions.
Pursuant to the Massachusetts Wetlands Protection Act, M.G.L.c.131§40, its regulations at 310 CMR
10.00, and Salem's Wetlands Protection & Conservation Ordinance, c.50, failure to comply with an
Order of Conditions may result in enforcement action including the issuance of fines up to $200 per
violation per day.
Please contact me at 978-619-5685 with any questions.
Sincerely,
Tom Dene
Conservation Agent/Staff Planner
CC: Brian and Erin Jackson
DEP Northeast Regional Office
Scott Patrowicz,Patrowicz Land Development Engineering
Thomas St. Pierre, Building Inspector
David Knowlton, City Engineer
Beth Rennard, City Solicitor
Page 2 of 2
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CONSERVATION COMMISSION
C� 14- La-.% itar..cx'
December 12, 2011
Scott Patrowicz
14 Brown St.
Salem, MA 01970
Re: Order of Conditions—DEP#64-519-11R Winter Island Road
Dear Mr. Patrowicz:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the 10-day appeal period (as of December 12, 2011), this document and the
attached Special Conditions must be recorded at the Southern 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#64-519 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
Yt,
CC: DEP Northeast Regional Office
Attachment to Order of Conditions # 64-519
4f :' Page of
SALEM CONSERVATION COMMISSION
DEP FILE #64-519
s 11R Wtidet Island Road
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-listed rare wildlife species nor contains any
vernal pools.
This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L. Chapter t31,Section 40 and the City
of Salem Wetlands Protection Ordinance,Salem Code Chapter 50.
This order permits the construction of a single family house per notice of intent and plan submitted November 4,
2011, including installation of a concrete foundation, construction of a driveway, and landscaping activities. This
order also permits the removal of the single spruce tree identified on plan and removal of surficial debris on and
around the bank at the end of the abutting public way. This order requires that the applicant obtain approval of a
landscaping plan from the Conservation Agent prior to start of construction and that no uncovered soil or
construction debris may be left uncovered in the 100' buffer to the coastal bank.
Demolition of the existing house is authorized by the negative determination of applicability issued by the
Conservation Commission on November 18,2011.
GENERAL CONDITIONS
I. 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.
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#64-519 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.
I
y" •. Attachment to Order of Conditions # 64-519
z' Page r2of
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6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers
to act on its behalf in administering and enforcing this Order.
7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the propertyaf..
any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131,a
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. 2lA 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.).
L0. If there are conflicting conditions within this Order,the strictercondition(s) shall rule.
it. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and
surface waters daring construction or after completion of the project.
12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
13. The Commission reserves the right to impose additional conditions on portions of this project or this site
to mitigate any actual or potential impacts resulting from the work herein permitted.
14. The work shall conform to the following attached plans and special conditions:
Final Approved Plans
SITE PLAN, I IR WINTER ISLAND ROAD, SALEM; PREPARED FOR 1 IR WINTER
ISLAND LLC
(Title)
12/7/2011
(Dated)
Gail Smith
(Signed and Stamped by)
i Attachment to Order of Conditions # 64-519
t , £ Page Lf
p
City of Salem Conservation Commission
(On file with)
1 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.
l6. 'fin conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has
been issued,the applicant or current landowner shall submit to the Commission a statement signed by the
buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of
the Order of Conditions.
PRIOR TO CONSTRUCTION
17. Prior to the commencement of any activity on this site other than activities listed above,there
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.
Attachment to Order of Conditions # 64-519
s L
s`
Page 4of S
24. The area of construction shall remain in a stable condition at the close of each construction day.
25. Any de-watering of trenches or other excavation required during construction shall be conducted so as
to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered
through hay bale sediment traps, silt filter bags or other means approved by the Commission or its
Administrator.
26. Within thirty(30)days of completion of construction on any given portion of the project,all disturbed
areas in the completed portion of the site shall be permanently stabilized with rapidly growing
vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas.
27. If soils are to be disturbed for longer than 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 1.00 feet
from wetland resource areas and 200 feet from river.
31. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage
system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be
immediately removed.
32. All exposed sub-soils shall be covered by a minimum of three(3) inches of quality screened loam topsoil
prior to seeding and final stabilization.
33. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale
barriers and/or silt bags to filter silt from stormwater before it enters the drainage system.
34. There shall be no pumping of water from wetland resource areas.
35. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other
components shall be fixed immediately.
36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
37. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance
of enforcement actions 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 shalt 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).
I
E'# Attachment to Order of Conditions # 64-519
Page Sof
(2) A letter from a Registered Professional Engineer certifying compliance of the property with this
Order of Conditions.
(3) An "As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor
showing post-construction conditions within all areas under the jurisdiction of the Massachusetts
Wetlands Protection Act. This plan shall include at a minimum:
(a) All wetland resource area boundaries with associated buffer zones and regulatory setback
areas taken from the plan(s)approved in this Order of Conditions;
(b) Locations and elevations of all stormwater management conveyances,structures and best
management designs, including foundation drains,constructed under this Order within any
wetland resource area or buffer zone;
(c) Distances from any structures constructed under this Order to wetland resource areas-
"structures"include,but are not limited to,all buildings,septic system components,wells,
utility lines,fences,retaining walls,and roads/driveways;
(d) A line delineating the limit of work-"work"includes any filling,excavating and/or
disturbance of soils or vegetation approved under this Order;
39. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds
and a copy of the recording submitted to the Salem Conservation Commission.
40. If the completed work differs from that in the original plans and conditions,the report must specify how
the work differs;at which time the applicant shall first request a modification to the Order. Only upon
review and approval by the Commission, may the applicant request in writing a Certificate of
Compliance as described above.
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. Applicant must obtain approval of a landscaping plan from the Conservation Agent prior to start of
construction.
43. No uncovered soil or construction debris may be store in the 100' buffer zone to the coastal bank.
44. Removal of debris from the coastal bank at the end of the public way shall be limited to surficial
materials.
45. Applicant must confirm the area of the proposed patio and notify the Commission if any change is
proposed.
I_1
Massachusetts Department of Environmental Protection Provided by MassoEP:
Bureau of Resource Protection - Wetlands 54-519
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L..c. 131, §40 eDEP Transaction#
Salem
.. City/Tom
A. General Information
Please note: Salem
this arm has 1.From:
been modified- Conservation Commission
Wth added zr This issuance is for
spacato - a.®Order of Conditions b.❑Amended Order of Conditions
accommodate : (check one):
the Registry
of Deeds 3`.To: . Applicant:
Requirements - -
a. First Name b.Last Name
Important.
When filling 11 R Winter Island LLC
out forms c.Organization ,.
on the 30 Federal Street
computer,
use only the d.Mailing Address
-
tab key to Salem MA. 01970
move your e:City/Tom - I.State g.Zip Code
cursor•do
not use the a. Property Owner(If different from applicant): -
return key.
,e a.First Name b.Last Name
c Organization
d.Mailing Address
e.City/Tom I.State g.Zip Code.
5. Project Location:
11R Winter Island Road Salem
a.Street Address : b.City/rovrn
44 22
c.Assessors Map/Plat Number d. ParceULot Number
Latitude and Longitude, if known: 42d31 m52.752s 70d52m7.968s
d.Latitude e,Longitude
wpafomt&doc•rev.05(1912010 Page 1 of 12 - _
Massachusetts Department of Environmental Protection Provided byMassDEw
Bureau of Resource Protection- Wetlands 64-519
WPA Form 5 -Order of Conditions MassDEP File If
Massachusetts Wetlands Protection Act M.G.L. c.,131, §40 eDEP Transaction#
Salem
city/To"
A. General Information (cont:)
e. 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)
30747 163
c.Book - d.Page
11/4/2011 12/8/2011 12/12/2011
7. Dates: a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance
e: Final Approved plans and Other Documents (attach additional plan or document references
as needed):
SITE PLAN 11R WINTER ISLAND ROAD SALEM PREPARED FOR 11R WINTER
ISLAND RD LLC
North Shore Survey Corporation Gail L. Smith
b.Prepared By - c.Signed and Stamped by
12/7/2011 1.,=10'
d.Final Revision Date e:Scale
I,Additional Plan or Document Tile - g.Date
B. Findings
t. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. ❑ Public Water Supply b. ®- Land Containing Shellfish c. ® Prevention of
Pollution
d. ❑ Private Water Supply e. ® Fisheries f. ® Protection of
Wildlife Habitat
% ® 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.
wpafarm5.0oc• rev.051012010 - Page 2 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
WPA Form 5 — Order of Conditions MassDEP Filek
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
l � eDEP Transaction ft
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
protecfthe 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 2+/-
disturbance
+/-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 Repfacement Replacement
4. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
s. ❑ Land Under
Waterbodles and a.square feet b.square feet c.square feet .. d.square feet
Waterways
e.c/y dredged f.c/y dredged
7. ❑ Bordering Land
Subject to Flooding a:square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
a ❑ Isolated Land
Subject to Flooding - a.square feet b.square feet
Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet I.cubic feet
s: ❑ Riverfront Area
me i�� roof b.total sq.feet
Sq It within 100 it
_ ,,,,,rm, d.square feet ,e ro>r f.square feet
Sq ft between 100• - -
200.If rove h.square feel �,,,,,,o feor. 1.square feet
Wp form5.dw, rev.own 912010 - Page 3et 12 -
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
WPA Form 5 — Order of Conditions MassDEP File"
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
1 eDEP Transaction N
Salem
city/To"
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 Indicate size under Land Under the Ocean, below
Areas
it. ❑ Land Under the
- Ocean a.square feet b.square feet -
c.e/y dredged 1 d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. El Coastal Beaches cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
cued ca yd
14. ElCoastal Dunes
a.square feet. b.square feet c.nourishment d,nourishment
m ❑ Coastal Banks ' a.linea (feet b.linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b,square feet- -
17. ❑- Salt Marshes a.square feet b.square feet c.square feet d.square feet
18. ❑ Land Under Salt
- Ponds ` a:square feel b.square feet.
a Gy dredged d.dy dredged '..
19. ❑ Land Containing
Shellfish a.square feet-. It.square feet c.square feet d.square feet
20. El Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean,and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.c/y dredged
21. ❑ Land Subject to
Coastal Storm - a.square feet b.square feet.
Flowage
wrao(M5.doc, rev.M79W0 Page 4 o112
Massachusetts Department of Environmental Protection Provided by MassoEP:
Bureau of Resource Protection-Wetlands'. 64-519
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 3.1, §40
eDEP Transaction It
Salem
Cityrrown
B. Findings (cont:)
•#22.If the 22.. ElRestoration/Enhancement`.
project is for the purpose of - -
restoringor
enhancing - a.square feet of BVW b.square feet of salt marsh
enha _
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 C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(Bvw)or
6.17.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 ormodif this Order.
the additional g ry 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 thred'years,
but less than five years;from the date of issuance.if this Order is intended to b,yvalid
for more than three years,the extension date and the special circumstances wa anting
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 12/12/2014 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 tFash,
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 dw• rev.wig1 oio pages of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
MassDEP File#
WPA Form 5 — Order of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Cityrown
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 Registrys 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 64-519
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.
�J The work shall conform to the plans and special conditions referenced in this order.
4014. 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 Conservation
Commission or Department for that evaluation.
1.16. 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.
wpalom5.Coc• rev.0 511 9201 0 Page 6 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection Wetlands 64-519
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
I
Salem
Cirylrown
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.
I
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the"Project")is(1)❑ is not(z)®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;
Y. 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.
wpalorm5.dm•rm 05,19/2010 - Page 7 o1 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection -Wetlands 64-519
WPA Form 5 — Order of Conditions MassDEP File#
( Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 DE
e P Transaction#
Salem
city/To"
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,She
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
O&M Plan is complete and will be implemented upon receipt of the Certificate of
Compliance,and d.)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 parry 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:
wPalarms.dM- rev.05/1&2010 - _ Page 6 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection Wetlands 64-519
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/rown ...
C. General Conditions Under Massachusetts Wetlands Protection Act(cont.)
g) The responsible party shall:
t. Maintain an operation and maintenance log for the last three(3)consecutive
calendar years ofinspections, repairs, maintenance and/or replacement of then
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 11
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 sheets
wpafarm5.dw rev.01119,2010 Page 9o112
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- Wetlands 64-519
WPA Form 5 - Order of Conditions MassDEP File#
�1 Massachusetts Wetlands-Protection'Act M.G.L. c. 131, §40 eDEPTrensaction q
Salem
City/Town
D. Findings Under
Municipal Wetlands Bylaw or Ordinance
_ _
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes [I 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:
Wetland Protection and Conservation Ordinance ch. 50
1.Municipal Ordinance.or Bylaw- 2.Citation
s. 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):
'Attached special conditions are issued under the MA Wetlands Protection Act and are
sufficient for compliance with Salem's local ordinance
wpalorm5.dac• rw.OW19/2010 Page 10 a 12
Massachusetts Department of Environmental Protection Provided by Me ssDEP:
_ Bureau of Resource Protection - Wetlands 64-519
WPA Form 5 - Order of Conditions MaasDEP File#
Massachusetts Wetlands Protection Act M.G.L.c. 131, §40 eDEP Transaction#
Salem
li /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. t.Da eDa aof
Please indicate thenumber of members who will.sign this form. S 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 d elivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the a op' to Department of
Environmental Protection Regional Office,if not filing electronically, nd t property owner,if different
from applicant
C
_. -Si 1.
by hand delivery on by certified mail, return receipt
requested,on
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 tieing
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 Actor regulations,the
Department has no appellate jurisdiction.
wpalorme.dm- rev.0 IWO10 - -Page 11 0 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection- Wetlands 64-519
WPA Form 5 —Order of Conditions MassDEP File"
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
c eDEP Transaction q
Salem
City/Tom
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:
11R Winter Island Road 64-519
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:
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
wpaform5.dw- rev.051We10 - Page 12 of 12
y
fy.
�CONU(r
A; CITY OF SALEM
CONSERVATION COMMISSION
December 12, 2011
Scott Patrowicz
14 Brown St.
Salem, MA 01970
Re: Order of Conditions—DEP#64-519-11R Winter Island Road
Dear Mr. Patrowicz:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the 10-day appeal period (as of December 12, 2011), this document and the
attached Special Conditions must be recorded at the Southern 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 # 64-519 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,
l
Tom Devine
Conservation Agent/ Staff Planner
Enclosures
CC: DEP Northeast Regional Office
r
Attachment to Order of Conditions # 64-519
Page !,'Of S
�..�s
SALEM CONSERVATION COMMISSION
DEP FILE #64-519
11R Winter Island Road
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-listed rare wildlife species nor contains any
vernal pools.
This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131, Section 40 and the City
of Salem Wetlands Protection Ordinance, Salem Code Chapter 50.
This order permits the construction of a single family house per notice of intent and plan submitted November 4,
2011, including installation of a concrete foundation, construction of a driveway, and landscaping activities. This
order also permits the removal of the single spruce tree identified on plan and removal of surficial debris on and
around the bank at the end of the abutting public way. This order requires that the applicant obtain approval of a
landscaping plan from the Conservation Agent prior to start of construction and that no uncovered soil or
construction debris may be left uncovered in the 100' buffer to the coastal bank.
Demolition of the existing house is authorized by the negative determination of applicability issued by the
Conservation Commission on November 18,2011.
GENERAL CONDITIONS
I. 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#64-519 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.
s L,y]y. Attachment to Order of Conditions # 64-519
Page Jof
6. With respect to this Order, the Commission designates the Conservation Agent as its agent with powers
to act on its behalf in administering and enforcing this Order.
7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at
any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131,
Section 40, the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or
documentation that it deems necessary for that evaluation.
8. The term"Applicant'as used in this Order of Conditions shall refer to the owner,any successor in
interest or successor in control of the property referenced in the Notice of intent, supporting documents
and this Order of Conditions. The Commission shall be notified in writing within 30 days of all
transfers of title of any portion of the property that takes place prior to issuance of the Certificate of
Compliance.
9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and
approvals associated with this project. These permits may include but are not necessarily limited to the
following:
(1) Section 404 of the Federal Water Pollution Control Act(P.L. 92-500, 86 stat. 816), U.S. Army
Corps of Engineers.
(2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority
of sec. 27(5) of Chapter 21 of the Massachusetts General Laws as codified in 314 CMR 9.00.
(3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 2 1 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.
11. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and
surface waters during construction or after completion of the project.
12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
13. The Commission reserves the right to impose additional conditions on portions of this project or this site
to mitigate any actual or potential impacts resulting from the work herein permitted.
14. The work shall conform to the following attached plans and special conditions:
Final Approved Plans
SITE PLAN, 1 tR WINTER ISLAND ROAD, SALEM; PREPARED FOR 11R WINTER
ISLAND LLC
(Title)
12/7/2011
(Dated)
Gail Smith
(Signed and Stamped by)
r
Attachment to Order of Conditions # 64-519
A� Page Sof I
4"� r,
e
City of Salem Conservation Commission
(On file with)
15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved
plan(s) shall require the applicant to file a Notice of Project Change with the Commission. The Notice
shall be accompanied by a written inquiry prior to their implementation in the field, as to whether the
change(s) is substantial enough to require filing a new Notice of Intent or a request to correct or amend
this Order of Conditions. A copy of such request shall at the same time be sent to the Department of
Environmental Protection.
16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has
been issued,the applicant or current landowner shall submit to the Commission a statement signed by the
buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of
the Order of Conditions.
PRIOR TO CONSTRUCTION
17. Prior to the commencement of any activity on this site other than activities listed above,there
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.
Attachment to Order of Conditions # 64-519
a s`` Page 4of S
24. The area of construction shall remain in a stable condition at the close of each construction day.
25. Any de-watering of trenches or other excavation required during construction shall be conducted so as
to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered
through hay bale sediment traps, silt filter bags or other means approved by the Commission or its
Administrator.
26. Within thirty(30)days of completion of construction on any given portion of the project, all disturbed
areas in the completed portion of the site shall be permanently stabilized with rapidly growing
vegetative cover, using sufficient top soil to assure long-term stabilization of disturbed areas.
27. If soils are to be disturbed for longer than two(2) months, a temporary cover of rye or other grass
should be established to prevent erosion and sedimentation. If the season is not appropriate for plant
growth,exposed surface shall be stabilized by other appropriate erosion control measures, firmly
anchored,to prevent soils from being washed by rain or flooding.
DURING CONSTRUCTION
28. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all
times when work is in progress.
29. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
30. All waste products,grubbed stumps,slash;construction materials,etc, shall be deposited at least 100 feet
from wetland resource areas and 200 feet from river.
31. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage
system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be
immediately removed.
32. All exposed sub-soils shall be covered by a minimum of three(3) inches of quality screened loam topsoil
prior to seeding and final stabilization.
33. Immediately following drainage structure installation all inlets shall be protected by silt fence, haybale
barriers and/or silt bags to filter silt from stormwater before it enters the drainage system.
34. There shall be no pumping of water from wetland resource areas.
35. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other
components shall be fixed immediately.
36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
37. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance
of enforcement actions 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):
(I) 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).
5
Attachment to Order of Conditions # 64-519
Page Jof .
(2) A letter from a Registered Professional Engineer certifying compliance of the property with this
Order of Conditions.
(3) An "As-Built" plan signed and stamped by a Registered Professional Engineer or Land Surveyor
showing post-construction conditions within all areas under the jurisdiction of the Massachusetts
Wetlands Protection Act. This plan shall include at a minimum:
(a) All wetland resource area boundaries with associated buffer zones and regulatory setback
areas taken from the plan(s)approved in this Order of Conditions;
(b) Locations and elevations of all stormwater management conveyances, structures and best
management designs, including foundation drains,constructed under this Order within any
wetland resource area or buffer zone;
(c) Distances from any structures constructed under this Order to wetland resource areas-
"structures"include,but are not limited to,all buildings, septic system components,wells,
utility lines,fences, retaining walls,and roads/driveways;
(d) A line delineating the limit of work-"work"includes any filling,excavating and/or
disturbance of soils or vegetation approved under this Order;
39. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds
and a copy of the recording submitted to the Salem Conservation Commission.
40. If the completed work differs from that in the original plans and conditions,the report must specify how
the work differs; at which time the applicant shall first request a modification to the Order. Only upon
review and approval by the Commission, may the applicant request in writing a Certificate of
Compliance as described above.
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. Applicant must obtain approval of a landscaping plan from the Conservation Agent prior to start of
construction.
43. No uncovered soil or construction debris may be store in the 100' buffer zone to the coastal bank.
44. Removal of debris from the coastal bank at the end of the public way shall be limited to surficial
materials.
45. Applicant must confirm the area of the proposed patio and notify the Commission if any change is
proposed.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
WPA Form 5 - Order of Conditions MassDEP-File 4
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Citylrown
A. General Information
Please note: Salem
this form has t. From:
been modified Conservation Commission
with added 2.This issuance is for
space to a.®Order of Conditions b.❑ Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3.To: Applicant:
Requirements -
a. First Name b.Last Name
Whentilling
Important, 11R Winter Island LLC
When
out forms c.Organization
on the 30 Federal Street
computer,
use only the d. Mailing Address
tab key to Salem MA 01970
move your e.City/Town I.State g.Zip Code
cursor-do
not use the 4. Property Owner(if different from applicant):
return key.
rd a. First Name b. Last Name
c.Organization
renin
d.Mailing Address
e.Cityr own f.State g.Zip Code
s. Project Location:
11R Winter Island Road Salem
a.Street Address b.City/Town
44 22
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d31m52.752s -70d52m7.968s
d. Latitude e. Longitude
wpalorm5.doc• rev.05/19/2010 Page 1 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
W PA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Citylrom
A. General Information (cont.)
s. 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)
30747 163
c.Book d. Page
7. Dates: 11/4/2011 12/8/2011 12/12/2011
a.Date Notice of Intent Filed b. Date Public Hearing Closed c.Date of Issuance
s. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
SITE PLAN 11R WINTER ISLAND ROAD SALEM PREPARED FOR 11R WINTER
ISLAND RD LLC
North Shore Survey Corporation Gail L. Smith
b.Prepared By c.Signed and Stamped by
12/7/2011 V=110'
d. Final Revision Date e.Scale
I.Additional Plan or Document Title g.Date
B. Findings
t. Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information
provided in this application and presented at the public hearing, this Commission finds that
the areas in which work is proposed is significant to the following interests of the Wetlands
Protection Act(the Act). Check all that apply:
a. ❑ Public Water Supply b. ® Land Containing Shellfish c. ® Prevention of
Pollution
d. ❑ Private Water Supply e. ® Fisheries f. ® Protection of
Wildlife Habitat
g. ® Groundwater Supply h. ® Storm Damage Prevention I. ® Flood Control
2. This Commission hereby finds the project, as proposed, is:(check one of the following boxes)
Approved subject to:
a. ® the following conditions which are necessary in accordance with the performance
standards set forth in the wetlands regulations. This Commission orders that all work shall
be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent
that the following conditions modify or differ from the plans, specifications, or other
proposals submitted with the Notice of Intent, these conditions shall control.
wpaform5.doc• rev.M19I2010 Page 2 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
City/Town
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 2 +/-
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.linearfeet b. linearfeet c.linearfeet d.linear feet
5. ❑ Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
s. ❑ Land Under
Waterbodies and a.square feet bsquare feet c.square feet d.square feet
Waterways
e.c/y dredged f.c/y dredged
7. ❑ Bordering Land
Subject to Flooding a.square feet to.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 i.cubic feet e.cubic feet f.cubic feet
9. ❑ Riverfront Area
- b.total sq.feet
Sq ft within 100 ft
d.square feet f.square feet
Sq ft between 100-
200 ft „o h.square feet j.square feet
wpafonn5.dac• rev.05119/2010 - Page 3 o 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
WPA Form 5 - Order of Conditions MassDEP File If
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction If
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
to. ❑ Designated Port
Areas Indicate size under Land Under the Ocean, below
11. ❑ Land Under the
a.
Ocean square feet b.square feet
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
cu yd cu yd
ta. El Coastal Beaches
a.square feet bsquare feet c.nourishment d.nourishment
14. EI Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
t5. ❑ Coastal Banks a.linear feet b.linear feet
ts. ❑ Rocky Intertidal
Shores W.square feet b.square feet
17, ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet
ta. ❑ Land Under Salt -
Ponds a.square feet b.square feet
c.c/y dredged d.c/y dredged
is. ❑ 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.c/y dredged b.c/y dredged
21. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
wpafa m5.doc• rev.05/1 W010 Page 4 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
Salem
City/Town
B. Findings (cont.)
•#22.If the 22 ❑ Restoration/Enhancement':
project is for
the purpose of
restoring or
enhancing a a.square feet of SVW b.square feet of salt marsh
we
restource 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 C. General Conditions Under Massachusetts Wetlands Protection Act
entered in
Section B.5.c
(Bvw)
0.17.c(Salt The following conditions are only applicable to Approved projects.
Marsh)above, 1. Failure 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 9 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 12/12/2014 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.
S. 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.
wpalorm5Aoc• rev.05/19/2010 Page 5 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
W PA 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 Registrys 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"for, "MassDEP"]
"File Number 64-519 "
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.
wpaform5.dcc• rev.0 5/1 912 01 0 Page 6 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
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.)
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(t) ❑ is not 121® 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;
if. 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.
wpaform5.doc• rev.05/19/2010 Page 7 o 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
WPA Form 5 - Order of Conditions MassDEPFile k
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction H
Salem
City/Town
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
O&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.
wpaform5dm• rev.05/19/2010 Page 8 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
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.)
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.
1) 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 inchesv
above rade to allow for wildlife passage.
9 p 9
Special Conditions (if you need more space for additional conditions, please attach a text
document):
See attached sheets
wpaform5.doc• rev.mi gimo Page 9 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
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:
Wetland Protection and Conservation Ordinance 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):
—a Attached special conditions are issued under the MA Wetlands Protection Act and are
sufficient for compliance with Salem's local ordinance.
wpa1orm5.dcc• rev.05/19/2010 Page 10 of 12
I �
e A o
LAND DEVELOPMENT ENGINEERING
November 4, 2011
Salem Conservation Commission
120 Washington Street
Salem, MA 01970
RE: Notice of Intent Application
Proposed demolition and construction of a single-family house
#11 R Winter Island Road, Salem, MA
Assessor's Map 44, Lot 22
PLDE # 11-06
Dear Commission Members:
On behalf of 1 1 R Winter Island LLC, (owner/applicant), I respectfully request that you review the
attached Notice of Intent (NOI) application for proposed work in compliance with the
Massachusetts Wetlands Protection Act and the City of Salem Wetlands Protection and
Conservation Ordinance.
Resource Areas:
The Top of Coastal Bank (TOCB) resource area is defined as the top of the existing seawall
(abutting Juniper Cove) using MassDEP Policy 92-1 Figure 4. Seaward of the Coastal Bank is Beach
resource area and Salt Marsh resource area. These coastal resource areas are shown on the
attached Site Plan.
The Mean High Water (MHW) line is elevation 4.4 (using datum: NGVD of 1929). The MHW line is
shown on the attached Site Plan.
The FEMA A-2 100-year flood zone (per FIRM Community Panel #250102-0002B dated August 5,
1985) is elevation 10 (using datum: NGVD of 1929). The FEMA Zone A-2 is shown on the attached
Site Plan. Below elevation 10 (NGVD of 1929) is "Land Subject to Coastal Storm Flowage".
The buffer zones depicting the Salem Conservation Commission's jurisdiction are measured from
the most landward resource area which is the Top of Coastal Bank. The 50-foot and 100-foot buffer
zones are shown on the attached Site Plan. When studying the Site Plan and buffer zones, one
can see that the entire site is within the 100-foot buffer zone, and therefore any work on this lot is
subject to the approval of the Salem Conservation Commission.
14 Brown Street, Salem, Massachusetts 01970
Cell: 978-836-6400 Fax: 978-745-4110 Email: scott.patrowicz@verizon.net
A , x
Scope of Work Proposed and Impacts:
This Notice of Intent application is for the demolition of an existing single-family house (including
the cracked foundation) and the construction of a new single-family house in virtually the some
footprint. The owner/applicant has already received Zoning Board and Historical Commission
approval.
No work will occur below mean high water. No work will occur in any coastal resource area. All
work is outside of "Land Subject to Coastal Storm Flowage" (since it is up-gradient of the FEMA A-2
zone).The proposed work is only within the buffer zones as shown on the site plan.
The owner/applicant proposes to hire a professional site contractor to perform the following scope
of work:
1. Installation of a snow fence and straw waffle (120+/- LF) to serve as erosion control and limit
of work. The proposed snow fence and straw waffle shall be located up-gradient of the
land subject to coastal storm flowage as shown on the attached Site Plan.
2. Removal of on existing spruce tree in the back yard and other landscaping. The existing
pavement within the "Way"shall remain as is. There are no plans at this time to upgrade
this surface. Any damages (that may result from constrcution) to this existing asphalt
surface will be repaired.
3. Demolition of the existing house, walkways, concrete and asphalt on the subject lot. The
existing impervious area to be removed = 1,720+/- SF. The existing utilitfy lines will be
temporarily capped. A large dumpster will be located on-site and/or in the driveway
(shown as "Way"on the Site Plan). The dumpster shall be covered at the end of each day
to minimize wind-blown debris.
4. A concrete foundation and/or frost walls,will be poured. Then, the single-family house will
be constructed connecting into existing muncipal utility services. The proposed
impervious area of the new house = 1,290+/- SF.
S. A two-car parking area will be constructed in the front yard with concrete/brick pavers (set
in sand). A patio will be constructed in the rear yard with bricks or brick pavers (set in
sand). The proposed semi-impervious for the driveway and patio = 770+/- SF.
Landscaping will be installed. The existing lawn will be re-surfaced i.e. roto-tilled,
regraded, loomed and seeded. The proposed grades will match the existing grades
(although any puddles will be eliminated).
6. The re-construction and repair of the existing seawall is not part of this Notice of Intent
application (since it is the coastal bank resource area).
Cleanliness is paramount. Prior to the completion of each day, an inspection will be performed to
pick-up all fallen debris. Debris shall be removed from locus (and properly dispose of off-site).
PATROWICZ LAND DEVELOPMENT ENGINEERING
Construction materials will be secured each day (to minimize wind-blown debris). The work area
shall be fenced off at the completion of each work day (for safety purposes).
NOI Submittal Material:
I respectfully submit eight (8) copies of the Notice of Intent (NOI) application package to include
the following:
•NOI Application (WPA Form 3),
•NOI Wetland Fee Transmittal Form (category #2a: total filing fee =$500),
•Copy of check$237.50 (NO1 filing fee made payable to the Commonwealth of
Massachusetts),
•Check for$262.50 (NOI filing fee made payable to the City of Salem),
•List of abutters and map (prepared by Salem CC agent and Assessors),
•Form entitled: City of Salem Notice of Public Hearing,
•Form entitled: City of Salem Affidavit of Service (Abutter Notification),
•Locus Map (USGS) scale 1:25,000 (approximately 1" =2000'),
*Bird's Eye View of the project site from Bing maps (with annotations),
•Site photographs (with annotations),
•Plan entitled: "Site Plan"prepared by North Shore Survey Corp (NSSC) dated 11/l/11, Scale:
I 10',
•Legal advertisement prepared by the Salem CC agent.
NOI Procedures:
It is my understanding that I will notify the abutters via certified mail (RRR) from the list of abutters
provided to me by the Salem CC agent with the attached form entitled: "City of Salem Notice of.
Public Hearing". I will submit receipts of the certified mailings (RRR) to the Commission the night of
the public hearing.
It is also my understanding that the Salem CC agent has submitted the legal advertisement to the
local newspaper (Salem Evening News) for publication of the hearing date (newspaper
publication on or before 11/10/1 1). 1 will receive the invoice for the legal advertisement.
One copy of the above Notice of Intent (NOI) application package is being sent via certified mail
(RRR) to MassDEP-Wetlands, Northeast Regional Office, 2058 Lowell Street, Wilmington, MA 01887.
The NOI Wetland Fee Transmittal Form along with the State portion of the application fee will be
sent to MassDEP LockBox, P.O. Box 4062, Boston, MA 02211.
PATROWICZ LAND DEVELOPMENT ENGINEERING
Thank you for taking this matter under consideration. We look forward to the public hearing on
November 17, 2011. If you have any questions, please do not hesitate to call me.
Sincerely,
PATROW LAND DEVELOPMENT ENGINEERING
Scott Patrowicz, P.E.
cc. 11 R Winter Island, LLC. w/attachments
cc. MossDEP-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
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
Important:
When filling out A. General Information
forms on the
computer,use e tab key 1. Project Location (Note: electronic filers will click on button to locate project site):
only to move your 11 R Winter Island Road Salem 01970
cursor not
ret
use the return a.Street Address b.City/Town c.Zip Code
key. Latitude and Longitude: 42.5313 -70.8689
d.Latitude e.Longitude
°' 44 22
f.Assessors Map/Plat Number g.Parcel/Lot Number
2. Applicant:
a.First Name b.Last Name
Note: 11 R Winter Island LLC
Before c.Organization
completing this 30 Federal Street
form consult
your local d.Street Address
Conservation Salem MA 01970
Commission e.City/Town f.State g.Zip Code
regarding any
municipal bylaw
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):
$500 $237.50 $262.50
a.Total Fee Paid b.State Fee Paid c.City/Town Fee Paid
wpafonn3.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
Document Transaction Number
ILI Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
Cityrrown
A. General Information (continued)
6. General Project Description:
The owner proposes to demolish an existing single-family house and construct a new single-family
house in virtually the same footprint. Install a new patio, parking area and landscaping. A snow fence
will be installed to minimize wind-blown debris and a straw wattle for erosion control. All work is within
the buffer zone. No work is within any coastal resource area
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. ❑ Yes ® No If yes, describe which limited project applies to this project:
2. Limited Project
8. Property recorded at the Registry of Deeds for:
Essex
a.County b.Certificate#(if registered land)
30747 163
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 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.
Resource Area Size of Proposed Alteration Proposed Replacement(if any)
For all projects
affecting other
Resource Areas, a. ❑ Bank 1.linear feet 2.linear feet
please attach a b. ❑ Bordering Vegetated
narrative
explaining how Wetland 1,square feet 2.square feet
the resource
area was c. ❑ Land Under 1.square feet 2.square feet
delineated. Waterbodies and
Waterways
3.cubic yards dredged
wpaforrn3.doc•rev. 11/16/09 Page 2 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
L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
CitylTown
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
I. ❑ 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 R 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. ❑ 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
number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
(provided on your
receipt page) b. ❑ Land Under the Ocean
with all 1.square feet
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
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Size of Proposed Alteration Proposed Replacement(if any)
f. ❑ Coastal Banks 1. linear feet
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
i. ❑ 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
Coastal Storm Flowage 1.square feet
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
5. ❑ 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 ActlWetlands 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 habitattonline 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
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
City/Town
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, MESA/Wetlands Protection Act review, please
complete Section CA C, 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/dfwele/dfw/nheso/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:l/www.mass.gov/dfwele/dfw/nhesD/requlatorV 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
hftp://www.mass.mov/dfwele/dfw/nhesD/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
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
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 E 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 E 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 your 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
receipt page) (ORW)as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
with all
supplementary a. ❑ Yes E 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 E 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)
2.❑ A portion of the site constitutes redevelopment
3.❑ Proprietary BMPs are included in the Stormwater Management System.
b. E No. Check why the project is exempt:
1. 0 Single-family house
wpaform3.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
WPA Form 3 - Notice of Intent
Document Transaction Number
L11 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
. City/Town
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. ® 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. 0
ethodology.4. ® List the titles and dates for all plans and other materials submitted with this NOI.
Site Plan
a.Plan Title
North Shore Survey Corp. Gail Smith, R.L.S.
b.Prepared By c.Signed and Stamped by
November 1, 2011 1" = 10'
d.Final Revision Date e.Scale
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. ® 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
Cityrrown
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:
2.Municipal Check Number _ 3.Check date
4.State Check Number 5.Check date
6.Payor name on check:First Name 7. Payor name 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 orIfied mail(return receipt requested) to all abutters within 100 feet of the property line of the
project 1 ation.
L"AAAj 4.1
1.Signature of Applicant I P��H OF Mos 2. Date
3.Signature of Property Owner(if different) I QUU c 4. Date
PATROWICz m
o CIVIL
5.Signature of Representative(ff. ).. .33656 O y 6. Date
.o9oF(°G/STSP' FkSQ
NAL
For
For Conservation Comm ton:
Two copies of the completed Notice of Intent(Form 3), 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 thea applicant has checked the "yes" box in an a i
pp y y part of Section C, Item 3, above, refer to that section
and the Instructions for additional submittal requirements.
equ ements.
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
t
i
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important:When A. Applicant Information
filling out forms
on the computer, 1 Applicant:
use only the tab
key to move your
cursor-do not a.First Name b.Last Name
use the return
key, 11R Winter Island LLC
c.Organization
30 Federal Street
d.Mailing Address
Salem MA 01970
mn e.City/Town f.State g.Zip Code
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
a.cityrrown f State g.Zip Code
h.Phone Number L Fax Number I.Email Address
3. Project Location:
11 R Winter Island Road 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 g g p
examples in the Instructions before filling out worksheet.
instructions for
filling out WPA Step II/Type of Activity: Describe each type of activity that will occur in wetland resource area and
Fonn.3(Notice of
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. Note: If any of these activities are in a
Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be
multiplied by 1.5 and then added to the subtotal amount.
Step 5/1rotal Project,Fee: Determine the total project fee by addingPesubtotal amounts from Step 4.
rt .
Step Wee Payments:To calculate the state share of the fee, divide the total fee'in half and subtract
212 50_T" I flate the ihdbnun share of the fan divides fha total fee'in half and add R12 .9;0
B. Fees (continued)
Wparam9.0 •Welland Fees Trary hal Form•mv.121= 41i Page 1 012
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
NOI Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Step 1IType of Activity Step 2/Number. Step Step 4/Subtotal Activity
of Activities 3/Individual Fee
Activity Fee
d
2a. Single-Family House 1 $500 $500
Step 5/Total Project Fee: $500
Step 6/Fee Payments:
Total Project Fee: $500 _
a.Total Fee from Step 5
State share of filing Fee: b. 1/2 T 0 _
b. 1Y2 Total Fee less$12.50
City/Town share of filling Fee: $2
c.1l/22 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 maysubmit these
electronically.)
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CITY OF SALEM
ASSESSOR'S CERTIFICATION OF ABUTTERS AND
PROPERTY OWNERS
BOARD/COMMISSION: Conservation Commission
PROJECT SITE: 11R Winter Island Road. Salem (44_ 0022_ 0)
DATE: 11/3/2011
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 owners" (as defined by Wetlands Protection Act 310 CMR 10.05(4)(a))to the
parcel(s) of land listed above as the project site.
Assessor's Signature: k4��— Date: //1/3 /
Number of initialed pages attached:
Once Certified,Return to:
Tom Devine, Department of Planning and Community Development
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Owner KOZLOWSKI FRED
Property ID 4400340
1 Address 12 WINTER ISLAND ROAD
Owner JOHNSTON SCOTT R
Property ID 44 0023 0
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Address 19 WINTER ISLAND ROAD
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-Salem City Hall 93 Washington Street,Salem,MA 01970
Ph one;978745-9595
City Hall Hours of Operation.Monday,Tuesday 8 Wednesday 8AM-4PM Thursday 8AM-7PM Friday 8AM-12PM
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100 CAMBRIDGE ST 37 WINTER ISLAND ROAD
BOSTON,MA 02202 I SALEM,MA 01970
44_0022_0 44_0035_0
KOZLOWSKI FRED T HARVEY KEVIN R
I I WINTER ISLAND RD 4 WINTER ISLAND ROAD
SALEM,MA 01970 SALEM,MA 01970
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12 WINTER ISLAND RD S WINTER ISLAND RD
SALEM,MA 01970 SALEM,MA 01970
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15 WINTER ISLAND RD 9 WINTER ISLAND ROAD
SALEM,MA 01970 SALEM,MA 01970
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19 WINTER ISLAND RD
SALEM,MA 01970
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20 WINTER ISLAND RD
SALEM,MA 01970 j
44_0025_0
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25 WINTER ISLAND ROAD
SALEM,MA 01970
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SALEM,MA 01970
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29 WINTER ISLAND RD !
SALEM,MA 01970
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29 WINTER ISALND RD
SALEM,MA 01970
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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 in the Salem Five Community Room, 210 Essex Street, Salem, MA at
6pm on:NOVEMBER 17 2011
To consider a Notice of Intent for:
I IR WINTER ISLAND LLC
For the property located at I IR WINTER ISLAND ROAD,MAP 44,LOT 22
For a HOUSE DEMOLITION and the CONSTRUCTION OF A NEW SINGLE-FAMILY HOUSE
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 Annex, 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 confum 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:
Central Region: (508)792-7650 *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)
d
I, S�� ���ti0a.�1 ,hereby certify under the pains and penalties of perjury that on
(Name of Person Making the Affidavit)
11I 1k I 1 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
n. stun rt^. 14"..1'"40 %�%-�ith the Salem Conservation -
(Name ofApplicant) -
Commission on 11. 8 I 11 for property located at
(Date)
(Location of Property)
e of the notification,and a list of the abutters to whom it was given and their addresses are
attached to ffidavit of Service.
Name Date
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Page 1 of 1
Tom Devine
From: David Knowlton
Sent: Thursday, February 21, 2013 1:24 PM
To: Tom Devine
Subject: RE: Public Way Crushed Stone
hi tom, as long as the homeowner understands that the public way is an unimproved road used for his
driveway only and that the city will not take any responsibility for the condition or maintenance of the
way (including plowing snow), until such time as it becomes an improved road approved by the city, the
crushed stone surface is acceptable.
thanks
david
From: Tam Devine
Sent: Thursday, February 21, 2013 12:48 PM
To: David Knowlton
Subject: Public Way Crushed Stone
David,
Can you please confirm that the crushed stone on the Winter Island Public Way is acceptable to you,
provided that the Conservation Commission is satisfied with it?
Best,
Tom
Tom Devine, Conservation Agent/Staff Planner
City of Salem Department of Planning & Community Development
120 Washington St., 3rd Floor I Salem, MA 01970
(V) 978-619-56851 (F) 978-740-0404
tdevine(@salem.com salem.com
2/21/2013
11R Winter Island Road, DEP 64-419, Photo Log
All photos taken by Tom Devine on 9/26/2012
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DEPT,OF PLANNING&
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PATROTRANSMITTAL
I LAND DEVELOPMENTNT ENGINEERING
14 BROWN STREET DATE1L Z,g It JOB NO. J J • Cb
SALEM, MA 01970 ,
TEL.(978) 836-6400 FAX (978)745-4110 PROJECT NAME
E-mail: scott.patrowicz@verizon.net
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TRANSMITTING: Attached A Regular Mail ❑ Overnight Express ,'S Hand Delivered ❑ Picked Up i
❑ Plans/Prints ❑Original Mylar ❑Computer Disk ❑ Specifications ❑Calculations
❑ Letter ❑ Report ❑
COPIES DATE DESCRIPTION
1 /2 ) j2 os _fo"%/L 4=0 C-ftr+0 t T>ot•A S
OAC'f oc (1, Lob.ZoEJ0 3oom- 3fl_7_co7
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THESE ARE TRANSMITTED as checked below:
❑ For Approval For Your Use AAs Requested ❑ For Review And Comment ❑
❑ For Bids Due: O Please call me to discuss. ❑
REMARKS
COPYTO I.1R t,.1lN^F/ _ �Sllsrr•� .
COPY TO.---`. .1r1 �e N T S -- _.-
COPY TO
SIGNED
Scott Patrowicz, P.E.
If enclosures are not as noted, kindly notify us at once.
REORDER FROM BRADY BUSINESS FORMS mwELL.MA.1.8XLW24572
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2011122900110 Bk;30961 Pg;443
12/29/2011 09:24 CONDN Pg 1/16
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
WPA Form 5 — Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 el Transaction#
Salem
City/Town
A. General Information
Please note: Salem
this form has 1. From:
been moditled Conservation Commission
With added 2.This issuance is for
space to a.00rder of Conditions b. ❑ Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3.To: Applicant:
Requirements _
Important: a.First Name b.last Name
when fining--—11 R_Winter Island LLC
out fors c.Organization
on the 30 Federal Street
- - computer,
use only the d.Mailing Address -
tab key to Salem MA 01970
move your e.City/Town f.State g.Zip Code
cursor-do -not use the 4. Property Owner(if different from applicant):
return
nkey.
IAV a.First Name b.last Name
c.Organization
d.Mailing Address
e.City/Town I.State - g.Zip Code
5. Project Location:
11R Winter Island Road Salem
a.Street Address b.City/Town
44 22
c:Assessors Map/Plat Number d.Parcel/Lot Number
Latitude and Longitude, if known: 42d3im52.752s -70d52m7.968s
d.latitude e.Longitude
wpaform&dac• rev.MM010 Page 1 of 12
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Winter Island Road,Salem,MA-Google Maps 1/24/13 11:57 AM
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Page 1 of 2
i
�j�CONDITt�_,
% \I CITY OF SALEM
CONSERVATION COMMISSION
January 15,2013
William Wharff
30 Federal Street
Salem,MA 01970
Re:Wetlands Violations,#64-519, 11R Winter Island Road
Certified Mail#: 7010 2780 0002 0159 1795
Dear Mr.Wharf£
This letter is to follow up on the Conservation Commission's enforcement action for the property located at
11R Winter Island Road in Salem. I cited five wetlands violations in my November 6,2012 letter.At its
December 10 meeting, the Commission determined that four of the five violations have been satisfactory
resolved. However, the following violation remains outstanding:
• Placement of crushed stone atop the public way was not approved by the Conservation Commission.
Approved plans specify that the public way is to be"repaired as required during construction of new
house".Placement of crushed stone is in violation of the Order of Conditions.
In order to fully comply with this project's Order of Conditions, the Commission requires that you remove
the crushed stone from the public way and restore it to its pre-construction condition or better.
The Commission requires that the completion of these actions be verified during a site inspection no later
than January 24,2013.Pursuant to the Massachusetts Wetlands Protection Act and Salem's Wetlands
Protection and Conservation Ordinance, failure to comply with an Order of Conditions may result in
enforcement action including the issuance of fines up to$200 per violation per day.
Please contact me at 978-619-5685 to schedule a site inspection so that I can verify that these required actions
have been taken to bring the project into compliance.
Sincerely,
Tom Devine
Conservation Agent/Staff Planner
CC: DEP Northeast Regional Office
Scott Patrowicz,Patrowicz Land Development Engineering
Thomas St. Pierre,Building Inspector
David Knowlton,City Engineer
Beth Rennard, City Solicitor
Page 1 of 1
i
CITY OF SALEM 1
1
CONSERVATION. COMMISSION
120 WASHINGTON STREET,SALEM,MASSACHUSETTS 01970 `
7010 2780 0002 0159 1795
�'[•' ;.:�U�ICLANwED - ��' � oN UNlifps
D o 9
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. � �� AQ �v>lia W a 15T N T C E o n,
O 30 decal reel
0 em, ci9 02ND NOTICE! n 2 -2 13
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RETURN S 1eN 31 2013
FEQ 1 2013 "'
N�
1-
SENDER: COMPLETE THIS SECTION COMPLETE THIS DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature 1 _
item 4 if Restricted Delivery is desired. 0 Agent
■ Print your name and address on the reverse X 0 Addressee
so that we can return the card to you. B. Received by(Printed Name) - C. Date of Deliaeq
■ Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Is delivery address different from Rem 1? 0 Yes !
j 1. Article Addressed to: If YES,enter delivery address below: 0 No
I
3. Service Type
2Ai "A 1 1/ gGentried Mail 0 Express Mail
0 Registered 0 Return Receipt for Merchandise
0 Insured Mail 0 C.O.D.
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number
irons eriom service label 7010 2780 0002 0159 1795
,. I PS Form 3811,February 2004 Domestic Return Receipt 102595'02-M-tsao
Violation Photo Log for IIR Winter Island Rd. DEP #64-519
Photos taken by Tom Devine unless otherwise noted
1
wn.
1. The unpennitted release of the y o
paint-like substance within the coastal s
bank, coastal beach, and the buffer 11/5/12
zone without a permit is a violation of
the Act's provision that no wetland
may be altered, dredged, filled, or
removed without a valid Notice of
Intent. -
a
2. The approved plan, dated
December 7, 2011, indicates that
straw wattle is to be installed between
the construction area and the coastal
bank. The lack of erosion controls
� ;-
onsite constitutes a violation of
conditions #13 and #18 of the Order
of Conditions:
13. The work shall conform to the plans
and special conditions referenced in this order.
18. All sedimentation barriers shall be
maintained in good repair until all disturbed Photo by Bill wharf£
areas have been fully stabilised with
vegetation or other means.At no time shall
sediments be deposited in a wetland or water
1
body. During construction, the applicant or
bill her desgnee 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 notift the
Conservation Commission, which reserves the
rgbt to require additional erosion andl 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.
3. The presence of uncovered,
stockpiled soil onsite violates
condition number 43 of the
Attachment to Order of Conditions.
Said condition states that `No uncovered
soil or construction debris may be stored in _
the 100'bu§er done to the coastal bank."
v/5/t2
2
Q? L �p
4. Condition number 42 of the al,
Attachment to Order of Conditions
states that "Applicant must obtain
approval of a landscaping plan from
the Conservation Agent prior to start
of construction." Because
construction has commenced and
landscaping has been installed without
obtaining approval of a landscaping
plan, this project is in violation of
condition #42.
11/5/12
Landscap ng plan submitted for review 11/20/12
��sg
5. Placement of crushed stone atop
the public way was not approved by
the Conservation Commission. As +
stated in my November 1,2012 letter,
approved plans specify that the public s r y,'
way is to be "repaired as required ,
during construction of new house". ,
Placement of crushed stone is in r
violation of the Order of Conditions.
11/5/12
3
. �,cotaosrt,tQ;,
5<�� p CITY OF SALEM
at CONSERVATION COMMISSION
November 6,2012
William Wharff
30 Federal Street
Salem, MA 01970
Re:Wetlands Violations,#64-519, 11 R Winter Island Road
Certified Mail #: 7010 2780 0002 0158 943.3
Dear Mr.\K/harfE
On November 5,2012, the Conservation Commission received a complaint that paint or a paint-Eke material
had been deposited on the public wav and beach adjacent to 11R Winter Island Road.During a site
inspection the same day, I observed that a white substance was present at the end of the public way,on the
coastal bank, and within the coastal beach. I also observed that there are no erosion and sediment controls
onsite to protect the coastal resource area from erosion and sediment mnoff during construction.Without
these protections, the disturbed euth and uncovered soil stockpile onsite may wash into the coastal beach
and salt marsh during a rainstorm. Furthermore,I noted that the property has been landscaped,while no
landscape plan has been submitted to the Conservation Commission.
The following are violations of the Massachusetts Wetlands Protection Act,M.G.L.c.'13'1§40,its regulations it
310 CMR 10.00,Salem's Wetlands Protection& Conservation Ordinance,c.50,and the Order of Conditions
issued for work on this property(DEP #64-519):
['/`Q 1. The unpermitted release of the paint-like substance within the coastal bank, coastal beach,and the
buffer zone without a permit is a violation of the Act's provision that no wetland may be altered,
dredged, filled,or removed without a valid Notice of Intent.
2. The approved plan,dated December 7, 2011,indicates that straw wattle is to be installed between the
construction area and the coastal bank. The lack of erosion controls onsite constitutes a violation of
conditions #13 and #'18 of the Order of Conditions:
13. The work shall conform to the plans and special conditions r%remVeY in this order.
98. :911 sedimentation barriers shall be maintained in good repair until all disturbed areas have been fitly
stabilized with neQetation or oti)er•means.At no time shall.sedimenL-be deposited rn a wetland or)valor body.
Dunng conshualion, the appk'<'anl or his/ber designee shall inspect the erosion controls on a daily hails and shall
remove accumulated sediments as needed The applicant shall imzeech"alely cvntrol any erosion problems that occur
al the sire and shall ab o imme&atefy notb•the Conservation Commission, which reserves the right to require
additional erosion andl or damage prevention controlf it may deem necessary. Sedimentation barriers shall serve as
the limit of work unless another limit of work line has been approved 6_y this Order.
3. The presence of uncovered,stockpiled soil onsite violates condition number 43 of the Atwchment to
Order of Conditions. Said condition states that `Alo uncovered soil or con truction debrzsmay be stored in the
100'bgeer tion to the causal bank."
S��sJ1e o �f 11 4 Condition number 42 of the Attachment to Order of Conditions states that `Applimtt Inuit obtain
approral ofa landscaping plan from the Coruerration.tpent pnorlo Slarl ofconidzrelzon."Because construction
has commenced and landscaping has been installed without obtaining approval of a landscaping plan,
this project is in violation of condition #42.
Page I of 2
3. Placement of crushed stone atop the public way was not approved by the Conservation Commission.
As stated as my November 1, 2012 letter,approved plans specify that the public way is to be
"repaired as required during construction of new house". Placement of crushed stone is in violation
of the Order of Conditions.
In order to come into compliance with the Wetlands Protection Act,Salem's Wetlands Protection&
Conservation Ordinance, and the Order of Conditions,the Conservation Commission requires that you
immediately take the following actions:
1. Remove the foreign material from public way, coastal beach,and coastal bank. If this material has
penetrated the beach deeper than the immediate surface,you must consult with the Commission to
determine how to properly restore the beach.
2. Install adequate erosion controls as specified on the approved plans.
3. Cover or remove all stockpiled debris or soil within the buffer zone.
4. Submit a landscaping plan for the Commission's review and approval.
5. As indicated in my November 1 letter,remove all crushed stone from the public way.
The Commission requires that the completion of these actions be verified during a site inspection no later
than November 15, 2012. Pursuant to die Massachusetts Wetlands Protection Act and Salem's Wetlands
Protection and Conservation Ordinance, failure to comply with an Order of Conditions may result in
enforcement action including the issuance of fines up to x$'200 per violation per day. Please note that I have
attempted to contact you by phone and email in regard to these violations, but I have not received a response.
Please contact me at 978-619-5685 to schedule a site inspection so that I can verify that these required actions
have been taken to bring the project into compliance.
Sincerely,
aevme
Conservation \gent/Staff Planner
CC: DEP Northeast Regional Office
Scort Parrowicz, Patrowicz Land Development Engineering
Thomas St. Pierre,Building Inspector
David Knowlton,City Engineer
Beth Rennard,City Solicitor
Page 2 of 2
��GONniT�d �
O
CITY OF SALEM
„ , r CONSERVATION COMMISSION
SITE V SIT FORM
PROJECT LOCATION: I`� DATE OF SITE VISIT• Z q
PROJECT PROPONENT: DEP FILE NUMBER:
PROPOSED WORK:
IN ATTENDANCE:'
Commission Members/Agent: "L- Abutters:
Applicant/Property Owner/Representative:
• [S__ITEYISITTjPURPOSE.
❑Photos ❑ Site Map ❑Other:
Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species Q
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses. �I
sc — V10
Civ S
UNITED STATES POSTAL SERVICE First-Class Mail
Postage&Fees Paid
USPS
Permit No.G-10
I
• Sender: Please print your name, address, and ZIP+4 in this box
� I
Salem Conservation Commission'
120 Washington Street,3rd FI
Salem,MA 01970
I I
I I
I
I
. COMPLETE THIS SECTION ON DELIVERY
I of Complete items 1,2,and 3.Also complete n lure
—.ifeinA if Restricted Delivery is desired. 0 Agent
Illi*print your name and address on the reverse 0 Addressee
SO that we Can return the card to you. B. Received by(Pdnted Name) ate f Delivery
■ Attach this card to the ba the mailp iece, Y
I or on the front if space p
D. Is delivery address different from item 17 Yes
1. Article Addressed to:
/V ` H O y/ 'I If YES,enter delivery address below: ❑No
O
pCC-
AJ
3. Service Type
/1r MCer ified Mail 0 Express Mail
Lam, 0 Registered ❑ Return Receipt for Merchandise
.7 0 Insured Mail 0 C.O.D.
s
4. Restricted Delivery?(Extra Fee) 0 Yes
2. Article Number 7010 2780 0002 0158 9433 _
(transfer from service label)
PS Form 3811,February 2004 Domestic Return Receipt 10259s-62-M-t540�l
vW,nCONDfT,t,IQ�.
CITY OF SALEM
9 . CONSERVATION COMMISSION
November 6,2012
William Wharff
30 Federal Street
Salem, MA 01970
Re: Wetlands Violations, #64-519, 11R Winter Island Road
Certified Mail#: 7010 2780 0002 0158 9433
Dear Mr. Wharf6
On November 5, 2012, the Conservation Commission received a complaint that paint or a paint-like material
had been deposited on the public way and beach adjacent to 11R Winter Island Road. During a site
inspection the same day,I observed that a white substance was present at the end of the public way, on the
coastal bank, and within the coastal beach. I also observed that there are no erosion and sediment controls
onsite to protect the coastal resource area from erosion and sediment runoff during construction. Without
these protections, the disturbed earth and uncovered soil stockpile onsite may wash into the coastal beach
and salt marsh during a rainstorm. Furthermore, I noted that the property has been landscaped,while no
landscape plan has been submitted to the Conservation Commission.
The following are violations of the Massachusetts Wetlands Protection Act, M.G.L.c.131§40, its regulations at
310 CIvIR 10.00,Salem's Wetlands Protection& Conservation Ordinance,c.50,and the Order of Conditions
issued for work on this property (DEP #64-519):
1. The unpermitted release of the paint-like substance within the coastal bank,coastal beach,and the
buffer zone without a permit is a violation of the Act's provision that no wetland may be altered,
dredged, filled, or removed without a valid Notice of Intent.
2. The approved plan, dated December 7,2011,indicates that straw wattle is to be installed between the
construction area and the coastal bank.The lack of erosion controls onsite constitutes a violation of
conditions #13 and#18 of the Order of Conditions:
13. The work shall conform to the plans and special conditions referenced in this order.
18. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabib'tied with vegetation or other means.At no time shall sediments be deposited in a wetland or water body.
During consinrction, the applicant or his/her designee sball inspect the erosion controls on a daily basis and sball
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.
3. The presence of uncovered, stockpiled soil onsite violates condition number 43 of the Attachment to
Order of Conditions. Said condition states that `iVo uncovered soil orconstnrction debris may be stored in the
100'buger done to the coastal bank."
4. Condition number 42 of the Attachment to Order of Conditions states that `Applicant must obtain
approval of a lan( caping plan from the Conservation Agent prior to start of construction."Because construction
has commenced and landscaping has been installed without obtaining approval of a landscaping plan,
this project is in violation of condition #42.
Page ] oft
5. Placement of crushed stone atop the public way was not approved by the Conservation Commission.
As stated in my November 1, 2012 letter, approved plans specify that the public way is to be
"repaired as required during construction of new house".Placement of crushed stone is in violation
of the Order of Conditions.
In order to come into compliance with the Wetlands Protection Act, Salem's Wetlands Protection&
Conservation Ordinance, and the Order of Conditions, the Conservation Commission requires that you
immediately take the following actions:
1. Remove the foreign material from public way, coastal beach, and coastal bank. If this material has
penetrated the beach deeper than the immediate surface,you must consult with the Commission to
determine how to properly restore the beach.
2. Install adequate erosion controls as specified on the approved plans.
3. Cover or remove all stockpiled debris or soil within the buffer zone.
4. Submit a landscaping plan for the Commission's review and approval.
5. As indicated in my November 1 letter,remove all crushed stone from the public way.
The Commission requires that the completion of these actions be verified during a site inspection no later
than November 15, 2012. Pursuant to the Massachusetts Wetlands Protection Act and Salem's Wetlands
Protection and Conservation Ordinance, failure to comply with an Order of Conditions may result in
enforcement action including the issuance of fines up to$200 per violation per day. Please note that I have
attempted to contact you by phone and email in regard to these violations,but I have not received a response.
Please contact me at 978-619-5685 to schedule a site inspection so that I can verify that these required actions
have been taken to bring the project into compliance.
Sincerely,
Taevine
Conservation Agent/Staff Planner
CC: DEP Northeast Regional Office
Scott Patrowicz,Patrowicz Land Development Engineering
Thomas St. Pierre, Building Inspector
David Knowlton, City Engineer
Beth Rennard, City Solicitor
Page 2 of 2
UNITED STATEj,Si: ,]'CLQ s $!I!{"E�„!,}",F.i tt� (' <. �' „ I rst
h •,�v P S
W5.61.1,9 ?x e,T.@'fh4 ' �} 4wc RN18"S1Q,°W..�..... .
• Sender: Please print your name, address, and ZIPeA in this box
`O5 yy
Salem Conservation Commission t-
120 Washington Street,3rd FI c4
Salem,MA 01970
I I
!ii I
6L
!I iiiIII;,,lli,i„iIII Hill It'll:,i;i Id it)Hillimi,ti li„i
!i i
I i
SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also completei a
item 4 if Restricted Delivery is desired. D aid ❑Agent
■ Print your name and address on the reverse X ❑Addressee
so that we can return the card to you. cei d by( do ed Name) C. ate f Delivery
■ Attach this card to the back of the mailpiece, 91 >,
or on the front if space permits.
1. Article Addressed to: D. Is delivery address different from item 17 Yes
If YES,enter delivery address below: ❑No
3/Cl
V 3. Service Type
MCiertified Mail ❑Express Mail
pG q 'Zj� ❑ Registered ❑Return Receipt for Merchandise
( (/ ❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number T's 70102780 0002 ' 0159 ,2037 t
(Transfer from service label) _
PS Form 3811,February 2004 Domestic Return Receipt _ 102595.02-M-1540
.W,nCUNafT��
� ; CITY OF SALEM
CONSERVATION COMMISSION
November 1,2012
William Wltarff
30 Federal Street
Salem,MA 01970
Re: Violation of Order of Conditions DEP#64-519, 11R Winter Island Road
Certified Mail#: 7010 2780 0002 0159 2037
Dear Mr. Wharff:
It has come to the Salem Conservation Commission's attention that a layer of crushed stone has been placed
atop the public way which 11R Winter Island Road fronts. An Order of Conditions issued to I tR Winter
Island LLC on December 12,2011 permits the construction of a house and appurtenances,per approved
plans that include annotation specifying that the public way will be"repaired as required during construction
of new house". Prior to construction, the public way consisted of asphalt pavement.Therefore,placement of
crushed stone is not permitted. The Conservation Commission is especially concerned that the crushed stone
will migrate into the adjacent coastal beach and salt marsh during snow plowing.
The Conservation Commission finds that the crushed stone was placed in violation of DEP #64-519 and
requires that you remove it prior to November 15. Pursuant to the Massachusetts Wetlands Protection Act,
M.G.L.c.131�40, its regulations at 310 CMR 10.00, and Salem's Wetlands Protection and Conservation
Ordinance, c.50, failure to comply with an Order of Conditions may result in enforcement action including
the issuance of fines up to $200 per violation per day.
Please note that the Order of Conditions and approved plans require that the public way be repaired as
necessary prior to the issuance of a Certificate of Compliance. Furthermore, the City of Salem Engineering
Department will not endorse a Certificate of Occupancy until the public way is restored.
Please contact me at 978-619-5685 to schedule a site inspection so that I can verify that the crushed stone has
been removed.
Sincerely,
Tom Devine
Conservation Agent/Staff Planner
Enclosures
CC: DEP Northeast Regional Office
Scott Patrowicz,Patrowicz Land Development Engineering
David Knowlton, City Engineer
ii �Oya1T,
CITY OF SALEM
!K
CONSERVATION COMMISSION
SITE VISIT FORM
PROJECT LOCATION: DATE'OF SITE VISIT
PROJECT PROPONENT: DEP FILE NUMBER:
PROPOSED WORK: #n
,, t. €syV+T*�." ktiF d 'M#i :au'v..;:. i r•s... .. t5' S4 .
t,�N�gTTENDANCE. u,w,, ,i` �
Commission Members/Agent: Q"� �_ Abutters:
• Applicant/Property Owner/Representative
❑Photos ❑ Site Map ❑Other:
r(SBSERVAMNS. i
.....,_.-_ ds*x a' w SO `'' a.
Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses.
� S
rS S«' vte /
V I
RECOMMENDATIONS. ' ', _ 'U11
�} �J3Z
v.,V
Violation Photo Log for I IR Winter Island Rd. DEP #64-519
Photos taken 11/5/12 by Tom Devine
1. The unpermitted release of the
paint-like substance within the coastal
bank, coastal beach, and the buffer
zone without a permit is a violation of
the Act's provision that no wetland
may be altered, dredged, filled, or
removed without a valid Notice of
Intent.
2. The approved plan, dated
December 7, 2011, indicates that
straw wattle is to be installed between
the construction area and the coastal
bank. The lack of erosion controls
onsite constitutes a violation of
conditions #13 and #18 of the Order
of Conditions:
13. The work shall conform to the plans -_ • '
and special conditions referenced in this order.
18. All sedimentation barriers shall be s
maintained in good repair until all disturbed
areas have been fully stabili.Zed with
vegetation or other means.At no time shall "
sediments be deposited in a wetland or water f
body. Dur ng construction, the applicant or
hist 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 nofi6 the
Conservation Commission, which reserves the
rght to require additional erosion andl or
damageprevention 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.
1
3. The presence of uncovered,
stockpiled soil onsite violates
condition number 43 of the
Attachment to Order of Conditions.
Said condition states that `No uncovered
soil or construction debris may be stored in
the 900'buffer done to the coastal bank."
h
4. Condition number 42 of the
Attachment to Order of Conditions
.. .
states that"Applicant must obtain
approval of a landscaping plan from � ;,,, i �
v its
the Conservation Agent prior to start '
of construction." Because
construction has commenced and
landscaping has been installed without
obtaining approval of a landscaping
plan, this project is in violation of
condition #42. '
�: ry
5. Placement of crushed stone ato ■ ' t
the public way was not approved by
the Conservation Commission. As _ S
stated in my November 1, 2012 letter,
approved plans specify that the public -
way is to be "repaired as required
during construction of new house".
Placement of crushed stone is in t``
violation of the Order of Conditions.
2
Violation Photo Log for I IR Winter Island Rd. DEP #64-519
Photos taken 11/5/12 by Tom Devine
1.The unpermitted release of the
paint-like substance within the coastal
bank, coastal beach,and the buffer
zone without a permit is a violation of
the Act's provision that no wetland
may be altered, dredged, filled, or
removed without a valid Notice of
Intent.
2. The approved plan, dated
December 7, 2011,indicates that
straw wattle is to be installed between
the construction area and the coastalztr
bank. The lack of erosion controls
onsite constitutes a violation of -
conditions #13 and#18 of the Order
of Conditions: tit
13. The work shall conform to the plans
and special conditions referenced in this order.
18. All sedimentation barriers shall bei,
maintained in good repair until all disturbed
areas have been fully stabilised with z
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 inwdialeycontrol 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 lone has been approved by this Order.
1
3. The presence of uncovered,
stockpiled soil onsite violates '
condition number 43 of the
Attachment to Order of Conditions.
Said condition states that `No uncovered
soil or construction debris may be.mond in
the 100'buffer 7,one to the coastal bank."
1�1t
4. Condition number 42 of the i
Attachment to Order of Conditions K
states that "Applicant must obtain
approval of a landscaping plan from
the Conservation Agent prior to start
of construction." Because
construction has commenced and
landscaping has been installed without
obtaining approval of a landscaping
plan, this project is in violation of
condition #42.
two
s�
5. Placement of crushed stone atop !
the public way was not approved by
the Conservation Commission.As _
stated in my November 1, 2012 letter,
approved plans specify that the public
way is to be "repaired as required + ��
during construction of new house". " `e
Placement of crushed stone is in r
violation of the Order of Conditions.
2
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Salem
Cityrrown
E. Signatures
This Order is valid for three years, unless otherwise specified as a special f j� ul
condition pursuant to General Conditions#4,from the date of issuance. 1. Dae of I suance
Please indicate the number of members who will sign this form. 1:5--
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)ord slivered to the applicant.A
copy also must be mailed or hand delivered at the same time to the a op ' to Department of
Environmental Protection Regional Office, if not filing electronically, nd t property owner, if different
from applicant
Si C
fA
a by hand delivery on ❑ by certified mail, return receipt
d-/ IWO
requested, on
I
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.
wpalorm5.d= rev.05/19/2010 Page 11 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-519
WPA Form 5 - Order of Conditions MassDEP File#
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:
11R Winter Island Road 64-519
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:
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
wpaformsdoc• rev.05/192010 Page 12 of 12
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4C$�,CONf47,jgd
!! A ' CITY OF SALEM
CONSERVATION COMMISSION
...::.:.._:.: ..
SITE VISIT FORM
PROJECT LOCATION: W�"Q ° [BATE OF SITE VISIT-
PROJECT PROPONENT: /�' %�n U DEP FILE NUMBER:
PROPOSED WORK:
Commission Members/Agent: Abutters:
Applicant/Property Owner/Representative:
SITEVISIT PEIRPOSE, m j ..
J
❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent
❑Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal
INLAND RESOURCE AREAS COASTAL RESOURCE AREAS
❑Bank ❑ Land Subject to Coastal ❑Land Under the Ocean
1 Storm Flowage
[:]Bordering Vegetated Wetland i
El Port Area ElCoastalBeach
❑Land Subject to Flooding
❑ Coastal Dune El Barrier Beach
ElLand Under Water Bodies or Waterway
. Name: ❑ Coastal Bank ❑Rocky Intertidal Shore
❑Riverfront Area ; ❑ Salt Marsh ❑ Land Under Salt Pond
i
❑Vemal Pools Land Containing ❑Anadromous/Cata-
Shellfish dromous Fish Run
• ❑ Bordering Vegetated Wetland in Coastal Area
❑Water Body ❑ Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune •
F-1 Protection of Water Supply ❑ Protection of Groundwater Supply ❑Flood Control
❑Storm Damage Prevention ❑Prevention of Pollution F-1 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.
§tl'E,VISITDQCUMENTATION% "' � � '��'° •
❑Photos ❑ Site Map ❑Other:
OBSERVAfIONS3 r, _.,, �,
Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses.
w�
Irl
RECOMME. V.D�\TION$ . r . a � i R" ','�`n _w r e
(Ij S S av
RECEI
JAN 06 NII
DEPT,OF PLANN1140&
Massachusetts Department of Envfl®4RAMIrPiotection T Provided by MassDEP:
Bureau of Resource Protection -Wetlands Co'+ - S19
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction#
Sfa ter.
City/rown
' 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.
S P) `t"'M
Conservation Commission
Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation
Commission.
To:
S Q t X
Conservation Commission
Please be advised that the Order of Conditions for the Project at:
I I A k-A-%1rQ1 r>-A I S�A N�. to`F - 17
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of: aa
�S%r7c 3 0 ` V-T %4
County Book Page
for: I I tu 1r iCfl- ISLAei7
Property Owner
and has been noted in the chain of title of the affected property in:
3o7•.*7 1 (.0 0:6
Book Page
In accordance with the Order of Conditions issued on:
1II NZ. III
Date
If recorded land, the instrument number identifying this transaction is:
IPO
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
wParorm&dw• rev.05119n010 Page 12 M 12
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CITY OF SALEM
CONSERVATION COMMISSION
�?rrrve:ut
CONFIRMATION OF HAND DELIVERY
Document: Order of Condi ons or DEP #64-519, 11R Winter Island Road
Recipient: Scott Patrowic
Signature: Date:
�gaU01T`�q
CITY OF SALEM
ag CONSERVATION COMMISSION
SITE, (VISIT FORM
PROJECT LOCATION: J I �I"� ' l�l�dl DATE OF SITE VISIT l� d
PROJECT PROPONENT: I �, l/i n�/tSh L L L DEP FILE NUMBER:
�I 1
PROPOSED WORK: \JP„fu��(+1�^ n o 1 Q��5�� u Cd f ° a Looe
Commission Members/Agen : Abutters:
Applicant/Property Owner/Representative:
❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation ;Notice of Intent
❑Certificate of Compliance ❑Enforcement/Violation E]Emergency ❑ Informal
�1it�AS_OE:]UR�SDI4TIOt4,
INLAND RESOURCE AREAS COASTAL RESOURCE AREAS
1 elmotic
❑Bank ❑ Lant? u i cT
S �Coastat Land Under the Ocean
Storm Flowage
El Bordering Vegetated Wetland
❑ Designated Port Area Coastal Beach
❑Land Subject to Flooding
ElCoastal Dune ❑Barrier Beach
❑Land Under Water Bodies or Waterway
Name: I3 Coastal Bank ❑Rocky Intertidal Shore
❑Riverfront Area Salt Marsh ❑ Land Under Salt Pond
❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata-
Shellfish dromous Fish Run
❑ Bordering Vegetated Wetland in Coastal Area
0 Water Body ❑ Bordering Vegetated Wetland aBank F l Coastal Beach ❑Coastal Dune
❑Protection of Water Supply EArotection of Groundwater Supply Flood Control
Storm Damage Prevention Prevention of Pollution 'aProtection 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.
❑Photos ❑ Site Map ❑Other:
f,1hlX�1aIA�V��i' �
Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses.
R�CQI�tb ENdf����; �y- m •; �. .
\ \ 43.2E / \
SALT MARSH /
8 \ z
6.22 \ I
+n.3E I 1 1 j
\+5.64
yr ,
1020 ,> -� � ~J\BEACH
+10.17 87J )A1 --7� �\ \
6,t
\ +5D
\ ys]
,0n/ � �82'30'S4`E a 44
52.97' deed \ \
��0 2pH FEMA
9 6, 3 \
`Feo ZONE
+7.88��qRy A2 (EL 10) .. `
.4r c, ` +,°]] LAWN
410.3 �o TO BE 10.07 + \
RESURFACED 1046
2ry� REMOVE +10 2a I +e 34
°$ SPRUCE
1004 +10.32 FEM A
SANDRA LILLO S?' o.x a ZONE B
9 WINTER ISLAND RD. 4$ 023 036 e95
// 9 /
^^ Ot i D
0. + +,°kms / /
1 /11-7 /
98B _ 0 19`]
/ 2 I tl g + .1 z 1 0 / TOP OF
ccff
6w( Eo%re ch- / / COASTAL BANK
1010
nG J4
4.2 a2
�d
4 `
°u / .N� , • � ::.. 0.12 . �f979
o +
0llei ,0.29
49 \ /1 94
%
/ a I
ry+ °2 /C }1017 120 LF OF
E / _ 1020 SNOW FENCE &
C1C "Iw• x' 41E <1 STRAW WATTLE
11 7
J
orerh 0"K, {tT / o'
eptl wires 0,27 h
o z 1066 2
en 'F 1064 _ I PAUL O'SHEA
\ +101 / ti� 15 WINTER ISLAND RD.
1016 40 5e 57
+10.64
,OO
\ BG
#10.6\
t0 <
(n #,066
+106a
\ \ +1025
\ o —
rt
O �
M
— NOTES:
— ELEVATIONS BASED ON NGVD 1929 DATUM.
\ o o — TABLE OF AREAS:
t` EXISTING HOUSE, WALKWAYS,
ASPHALT & CONCRETE = 1720 t S.F.
PROPOSED HOUSE FOOTPRINT = 1290 t S.F.
PROPOSED PARKING AND
PATIO AREA = 770 t S.F.
NTFR o/ / NEW BRICK AND/OR BRICK PAVERS
SITE PLAN
11R WINTER ISLAND ROAD
O'qO GAIL .'4\y`t SALEM
u SroITH 1"•1a_ PREPARED FOR
No.350.3 t " }
$o�� RfGIST-F•� , ,: 11R WINTER ISLAND LLC
�s'pONcir:u50` SCALE 1" = 10' NOVEMBER 1, 2011
NORTH SHORE SURVEY CORPORATION
14 BROWN STREET — SALEM
978-744-4800 # 3438
AW -ERI
3.3:
\
F
1255 j` +a10
+2♦7 A
4.37 4-4.46 0
SALT MARSHv�
+4.B
8.75
+430
18.75\,mow
+9.36 \ 7�.00 BEACH_
sY�r 7.30
�• �•\ ^ 57
i�2!
3 +4.
30 54 E
23 T deed Itns - 2 7.a3
V \ \�"�.2 ``,.. +4.63
\-,. 8.55
+4.62
9.33
+9.60 +9.39
8.73
8.63 6.35
e.b +9:94 ( +9.N 9.19 5.94
Q
+9.62 AYYN & a
V 0
37 \ 9.41 i �.•.,'y, ,
sp9, "79 \'..§ .",
SANDRA LILLO ° + � +7.54 +7 m
+e. � ...
9 WINTER ISLAND RD. +9.2f 10.7 ?„ 8.46 0
pyo 8. 939 +8.63 +6.17 ..�..
OOR
9.12 - R�"C 9. p \'•
74 pRC r'L. +8,69
+9,68 a7 SAN +& 5 \��••�_..
0
•cRs \ +9.77 �f7• l
Qi
+9.73 \ /
/ rose /
/ OJEh _
O .OL (tyri°°1) +9.27 +9.02 �-
&9
J 9.43
9.43 /
39
°U 9.52 0•G(�/�Y 4 +9.31 *�
9 0 .`.9.07
10.47 +(35
9.
_nm
^' 975+ -- _ +9.63
9.69 9.60 /
E 10.05 `
9
9.
+iO.tlB D __ 9.64 49 +9.42
+8.tlt 958 -
356 �
+9.80 +9>1 9,67
.11-+9.57 A, `� +8.72
.�`� 'rs3�3pw 9643. +9,% IT +9.73
°9ErhyPQ� / tree wires tree
970 �, .( .
° PAUL O'SHEA
15 WINTER ISLAND RD.
O
i
+9.B0 `b /
/+9.96 /
8 }9J9
°
m
O a� +9 vk
a
/ \ m
\ /
NOTES:
\ o
° - ELEVATIONS BASED ON NAVD 1988 DATUM.
THE FEMA FLOOD MAPS DATED JULY 16, 2014
PLACE LOCUS ENTIRELY WITHIN FLOOD ZONE
JJJ AE - EL 14.
-
+ a.S4,q - SITE PLAN
NO «9 11R WINTER ISLAND ROAD
11 Qqo SALEM
+9.33 f PROPERTY OF
> BRIAN & ERIN JACKSON
SCALE 1" = 10' JUNE 9, 2014
NORTH SHORE SURVEY CORPORATION
+948 ,i 14 BROWN STREET - SALEM
978-744-4800 # 3438
— ---
ALL PLANS ARE PROT RTY--e� I_URY DESIGN - I
OIIP-UNAIUTHORIZED USE OR DUPLI 1kT-1QNL j
OF PLANS WITHOUT PRIOR WRITTEN CONSENT
IS STRICTLY PROHIBITED. !
COPYRIGHT O 1999 - 2014 BY SUDBURY DESIGN GROUP \ \ I
\ I
CL
II I
I I
- - - - - - _� , \ i - - - - -6 I —3: - - - - --
6-
.............................. FTC 'r7 P m -W •_.._.._.._.._.._.._.._.._.._ ._.._;.,. _.._.._.._............................. _ —
.. .
I � t
_
-------------------
_9
�o.c i riprap � / riprap - - -
i
it •,. .,�
7
I I LAWN J I �`••►.• ! ' I
I /
!i
IIi STONE SITTING WALL
STONE TERRACE
+ 9.54 9.54+
I � �
I •
TW: 11.30 ! /
I10 I \
jGAS FIRE PIT
hU W/ RECLAIMED �
=in' GRANITE CURB \
Table of Areas
(as per plan dated December 7, 2011 by North Shore Survey Corp.)
Approved Covered Parking and Walkways 291 s.f. 6/ tlJ�
Approved Uncovered Parking and Walkways 616 s.f. 14�
Total 907 s.f. j ,CI STONE STEPPER
(as per plan dated June 9, 2014 by North Shore Survey Corp.)
As-Built Covered Parking and Walkways 357 s.f.
As-Built Uncovered Parking and Walkways 284 s.f, I i 7--7I ; by\\ 0 !
Total 641 af. j • I I
(as per plan dated August 13, 2014 by Sudbury Design Group)
I I
Proposed Covered Parking and Walkways 364 s.f.
I
Proposed Uncovered Parking and Walkways 510 s.f. I 9. 5 ;
Total 874 s.f.
IRREGULAR STONE STEPPERS
�@•aM MACOAAs'
4 FT TALL, 6 FT WIDE
988 •'�i' ; DOUBLE GATE !
_ —
� I
�o� I REPAIR/REPLACE PAVER TERRACE I ,
I '
GRAVEL J I
I !
SUDBURY
DESIGN G ROUP
meter I ! MA 01776
740 Boston Post Rd. Sudbury,
EXISTING RESIDENCE I 78.443.3638 MA I sudburydesign.com 1401.789.5889 RI
FF: 110.47 i !
�� DSCAPE SITE PLAN
/f JACKSON RESIDENCE
( ! I S\�\�O 1 R WINTER ISLAND ROAD
O j ALEM, MASSACHUSETTS
i ! SCALE: 1/4" = 1'-0"
0 1 4 8 16 I o AUGUST 13, 2014
SCALE: 1/4"= 1'- 0"
i