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64-519 - 11R WINTER ISLAND ROAD - CONSERVATION COMMISSION SUDBURY DESIGN GROUP LANDSCAPE ARCHITECTURE I CONSTRUCTION I GARDEN SERVICES 4 � � August 27, 2014 S y R � Tom Devine, Senior Planner 3 City of Salem Department of Planning&Community Development _ 120 Washington St., 3rd Floor Salem, MA 01970 r \ ` P qo e 5 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 t at5 �F ���1t .1 } �:• � y� .^771 l � � , a. f�L�,� `,3 ,�:� '.Y �.. � Y, y 'WI�<� !n • ,y.XR" um'Y' t. IV 7"i y.. 4s 4�P"n. iU i.,"�?sr. �rx�..)�s". ! f< w•�'� m � `.I'"a f�5 Mk%��t "s "'"'Yq r l Project Status Sheet Address: d� "^�`! DEP #: Application Type: /U C) Contact Name: S,4 Phone: Date Submitted: L\/t/,, a,A lication Complete PP om P &Correct Fee Received '&-Abutters List Requested E�-Received Legal Notice Sent A-Legal Notice Confirmed -E4,Added to Agenda Agenda to Applicant 15�Agent Comments to Commission ❑ DEP Comments Hearing Opened: Continued: Site Visit: otice Confirmed N'Order of Conditions Sent to Applicant and DEP Confirmation of Delivery Applicant Recorded OoC with Registry Preconstruction Meeting: ❑ Certificate of Compliance Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Applicant Recorded CoC with Registry Notes: �,� �...k �,.��--� 1.sd---e,C v-� ��_ Plant Schedule 01y Key JSOWICWNNM icommon SHRUBS: .�.�.. i arc m 'ameww amawn. uJ C�ww Wfw Blw Pd2 �dPtlMA `� IlIQ1e e 01. Fp ftcM'INe FN!/e FUN R. i, RGYM PRMtM.N iR IWf 1G yew' �mm uMup G�..n n HV Htl •EM.e Survne! EMwSurt 5Fp gae'Sae Fqm' eueS" $}[ $le p116eINOY CWBOI Stl(Y wac mexu rote rovns roRro�eau- ® a T neWw M..F%w z SHRUB PLANTING VFG PmM.Mm Fcunwn GFe tFR6 Ctl.m %.Il F..1 F.WV Rr L- SGAL 2 =1-O" a ewP•ae .0 1 VIAi MiaranMu.w.�w.Yen v'Ven aW N 6IY � °`Z"'ll v;r l ��� �� 1 • lb°D@OF➢�.I( �/,e'.��#W.LI. �vr�aarr ,'1 [s�cv r � 1 er>.vwe Jmes �115�pT 505��' GRAPHIC SCALE LAND56 APE PLAN L-I SCALE: 17 e een- fin. 1 CITY OF SALEM i; 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 � I NAME 'UNC'LAI A eamharff 1ST NOTICE deralWStreet �n Salem, MA 01970 2N—D NOTICEJUN t 2 zon 3 o RETURN ,JJJtJ 7 (1 ZOA �a JUN 2 4 201 o'C=cif L. sonloop-gooa COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION 1 ■ Complete items 1,2,and 3.Also complete A. Signature ' I _l -- 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 $200 per violation per day. Please contact me at 978-619-5685 with any questions. Sincerely, Tom Dene Conservation Agent/Staff Planner CC: Brian and Erin Jackson DEP Northeast Regional Office Scott Patrowicz,Patrowicz Land Development Engineering Thomas St. Pierre, Building Inspector David Knowlton, City Engineer Beth Rennard, City Solicitor Page 2 of 2 � . a koll Now I Aa I , -� � � "�e��'$� z•�': 4A4milli c .�p� �w � �� y, OPS, rf•4 ~ �.�"��>�i���r�t.2` f�� ��`��` 't s y< �'e_ u y" • 'ri °� c,�., �' �4�1:• . ljfi y r kr f r"�'N" i 1 4'� S a 'K @r' �rC� " "4`"-Q k,`�3ft ���!t9'`~ �� , - �«t'A1 fi.2.5 ( r'!l'��z`,+.✓y1'�11�i ��` +��.+F.� � >S 5 ` i ��� �' ��ey. �e"y�i MIUMAWITUMM . i ' i . i , to in i • ' iii 4.4vns "y{Syyft 9 a� IVY r Oile L.� ■ ifJz 00 s: a" r '^Y Y y, f'"+�*.'�• c 3 3t t t ,� ;x`" ,�'f �xw .,q�p t ,eC" jdFe r "Aw0. � T�,yk �"'�'� �.h wfv 5`� S�'u§•CT ^I h. HTx v'S.e � ` rr � <.. "�� { .r ,s v��,k� G � T ` `� _.+"y��✓;r. - � } ..t es � x� s"�y**�t� §� s:: :In .l .%„��� _5 � e�`� ."'r�►..t��`>e `'�(i aXfi's. +� '"' � .r r! - a ��a'. ' � r".i xpn�� " ''� �� "•� S �l 1 r' Y W IA ��. A� 8 a/! � �" •V ^ ✓)' 3'' d� p T J �" � i 4A t ff � F� � i� d � '���>p•'"a� i eros V� �� 'yl� `�x. 1 �s?'��� 'S � r !J $���4{�Y.YY�'�' .,Y,' xAi�.,� � q �•1 � � �^ /. •�.'� v�! �trj+1.5�'wri.°.&�,{�"` w -.�:_ .Y„Lit. {er:"� �' ,.'�",'�i .� ��. .��i i, ��v� CONDI7,�"- y . <� r CITY OF SALEM Wil 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 sF 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.) Wpafarm1cm-Wal F.Trensni Fa -rev.221= I I .�_ - i .,,.Page2d2 i q 53-7135 2113-r, �.-.. 1+0.0 11R WINTER ISLAND LLC ERS : r f 30 FEDERAL STREET,3RD FLMOV-1) SALEM MA01970" DATE' PAY TO HE ORbER OF" jWJ:.I r DOLLTZt7C7 �►�Q S° ,crf: 6 1 p - ARS 8 E CT20(,CtOWII ` Bank ` y�/7r � ote33 iE=2i371353�. ~ 8 :; 2013147li' ' 1002 i Ifr� ,� .'• NmT'�/' 53]135 2113,.l �..,,.•• ti` ;-^11R WINTER ISLAND LLC FEDERA,L�STREET;3RD FL YAW�l �' '•"' ^, v 1.1 71 SALEM MA 01970 DATE i, o e°1rbr� u 'Y'�/�s y9 fwd Ski S �`Som ` e r' A.1Mr o.f T Z 4—', .,•d IN p,ao,.'M,� �.. y 01833`' F, :2i37-i353�7 88 2.0,1314711' ..1001 L 111 111 ... .I11 loll "ate :. x� � � '�� m e' �nI JG f'7iP1?�f'r'' +�,® .��"o� r% • � IVr� �� r<' - K zo e V jrC� jf��J\/...,1``� a •i ����N s , / I� �� Eascm NN ®OW-12! �a �=49,7) °►® aAgli % 5 u �,s�� rum OWL , a rn o Ml,�'ll P�_��\tl�� l'4 �a�nRn������ rf- E ....�"�`�Ft'a P' V�i6�n C1'@!JG��,�� � � (j''�,�J a'M`� \�`,'� �eeACCj9�f❑gyp®�• db�'� 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 vucczri-r�czrQ c�—ivaufrrcsbc� - - t<L�G 1 Vl 1 Property Viewer " We7come4oTke�Ci o�Sa7em, also aseds ,ate py ' . 5 l�ib'"etYIL"�fd"c New Property Search Property Record Card A HELP Property 44 0022 0 664 feet oa N AddreOwner ID KOZLOWSKRFREDT RISLAND OAD n n \\ N Property ID 4400370 Address 80 FORT AVENUE Owner MASS COMM OF Property ID 44 0022_0 Address 11-R WINTER ISLAND ROAD Owner KOZLOWSKI FRED Property ID 4400340 1 Address 12 WINTER ISLAND ROAD Owner JOHNSTON SCOTT R Property ID 44 0023 0 �6 Address 16 WINTER ISLAND ROAD j' {s Owner OSHEA PAUL C a pf Property ID 44 0024 0 P _ _ Address 19 WINTER ISLAND ROAD f i a I i F � �f Search 200 OYt Use Adtll Remove EAdd NAllutler 1 d - Distance Parcell tool to Remove Parcels . _ 0 T rget Parcels m® Q T y . Scale 7"=+.664 It � -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 Sfte designed by AppGeo. http://host.appgeo.com/salemma/Map.aspx 11/3/2011 EasyPeelw Labels ♦ Bend along line to AVERY® 59GOTM Use Avery®Template 51600 j Feed Paper expose Pop-Up EdgeTm j 1 44_0037_0 ! 44_0036_0 MASS COMM OF TRS OF PLUMMER FARM SCHOOL 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 I � 44_0034_0 4400190 JOHNSTON SCOTT R I MARY E.BALLOU REV TRUST THE 12 WINTER ISLAND RD S WINTER ISLAND RD SALEM,MA 01970 SALEM,MA 01970 I - I 44 0023 0 44_0020_0 OSHEA PAUL C PECEVICH ANN 15 WINTER ISLAND RD 9 WINTER ISLAND ROAD SALEM,MA 01970 SALEM,MA 01970 i I 44_0024_0 KALGREN TERI 19 WINTER ISLAND RD SALEM,MA 01970 i 44_0033_0 MARY ARY F 20 WINTER ISLAND RD SALEM,MA 01970 j 44_0025_0 KARAM DOUGLAS J 25 WINTER ISLAND ROAD SALEM,MA 01970 i I 44 _- -- K_ARAM_DOUGLAS) 25 WINTERISLAND ROAD SALEM,MA 01970 44_0027_0 - - - - MORIARTY EDWARD M 29 WINTER ISLAND RD ! SALEM,MA 01970 I • --- - — j 44_0031_0 MORIARTY EDWARD 29 WINTER ISALND RD SALEM,MA 01970 � I i Eticluettes faciles a peter Repliez,5 la hachure afin de 4 www.avery.com Utilisez le gab'arit AVERY®51600 { ' Sens de r6v6ler le rebord Po U TM-'• i• i i-806-G6-AVERY ' j chargement P- P j, 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. 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William WBaH<vjwam@W al mtm Subevt: DMe: Fe wary 28,A1956220PM EST - To: Wj.iame,TaM®gnal<am, v t ARachment t 2 MB Va l •\ Y All 1 1 7 1 Y4 t£ w r . t n�� a y y e., nj n p)N .� 5 s .a � � ��� 6y.• I �, ;�Ii,E — '+ ' ,'tire`�'^ad's 1',&�u'�.rc n a+• �I�tti �, f r � u v k x <^+w a i I Iiiill ipill� . 1 fi h KAY I � �rt�` ,,s,•,;���.y� 'a�.��h' .mss •� .�•. yam` / �1,4 z"�' �'�' '•;v.��iD�,. � �� �t'Y �.;;. sa } �si 'ifs kA+ � � Y" ♦T D2:24I r t''�'�f�� Y ¢j't�� ;- t. .� tj£ A�M� _ + L _ AM p �5 �. j:,, y,�,ya w r�„ � � • M eta' '� r 3 3 y 7 v � gY� Y 'Tr F s y S� S~ar'T_A,. � �3.""^.L-�v��Y� _+wax•-'.i.�' _ # ��. T!""/`l"1' m m sir, d IN# Lam:./;xii�ii��,, r _ * t 2 c 4I .r✓ hi � Y� f N y . r y �1'{ •r � �. is-. �i ..r.. t a i �I r . I ♦ F 1 - MIYYN�I�IUW1Yy�IMM t I �a r y w � ���,'r tI�•:`. �.'• _ .h fI �.9't!�. �'*"'''�.l'3� }� f��t'=.` �!� ��,,� �.;may- � x.w ' �w�i'�'V�+ •\. „�.a • .- '.nom .,..w*.... r Is .�,,,r : -• �'' s. 0:1 a . : .r.♦ i..L w � -+APV t • 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 i 8 fZ '4N�¢WS��C 9b sg >�• � S fife n fi 2' f •wR z.3's; 5� v I IR Winter Island Road, DEP 64-419, Photo Log All photos taken by Tom Devine on 9/26/2012 "slow +3? " qq < g tem HR eu I 1R Winter Island Road, DEP 64-419, Photo Log All photos taken by Tom Devine on 9/26/2012 I Iwo •d L,3{ . Ly » yam x. x } p - a f 11R Winter Island Road, DEP 64-419, Photo Log All photos taken by Tom Devine on 9/26/2012 E, 14 i , �I fh a �' i• P - k e c 9 � f f lrkti ro �t r � � �5 I 1R Winter Island Road, DEP 64-419, Photo Log All photos taken by Tom Devine on 9/26/2012 Rt 4 r R f t 1 +S y, tri Cel "fd +C 't^s `1 '� yy` Xi C, :a „TF aY P s RECEIVED JAN 0 3 2012 DEPT,OF PLANNING& oomvUN7IY Dev or-mEw 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 TO is..r�� S(�.r�'�"^_ _CIorJ_S • R3�e-mac•cue.. _ S pt..a�,e. � MA . L'Lo 4�1-�5 Ia�t+v ma S r. 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 I•sSyr+++Vt P�.ls� 4V_ - 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 1 iIII III IIIIIIII III�IIIIIIIIIIIIIIIIIIIIIII VIII f/5-- 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 ri Winter Island Road,Salem,MA-Google Maps 1/24/13 11:57 AM To sc Googly. see all the details that are visible on the screen, use the"Print" link next to the map. r f. • .. ,, iw y y� � r�r}' P: • � t O r v v � 01 < yx Cq FF � {{vim^ �_ • a� v r 14L7I haps://maps.google.com/ ' 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 o�� v ,��e41�fIE o�� . � �� 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 o� 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 fry "Y« ♦FI o � # K l 71 71 A '41 ajor t 1 Y I .t: lR i. ii►. 1 , M I s w z .,,.'ice•, : `�wy"'i7. . �Il_ y.i ts' ' ''� 1 .- f4 ti g i VWW lip r 3 t r. y, � %.V.y t� y e it v R Of -� -I � - y'r�' 4 �� �� ���1.iJ 1� \ 1.';r4•.. � 1 , z ���54y�? ^�� , 11 ry . y ^R: t • C p• t —Le j tk y '�' '► e„r �+h}A 3y , '.s � �'� - -0; N• y r'P ,,Si—.�� y"�r /y''4 . 1 " V. w. ��" '-�' �'� ! b�� K `!•ISG c � i '),t + �.,8 p�.�,,,{�, '� ,� r � i �,S'��t�il �d.;. I '. . �„e•. ��,�Ii �l {r i� ! �'��,r��' r .T— .l`1.a7"[_a;r�y r. ✓ .,�;:y. yF;�t�.z ��-.p.e' Y .a�a7 LI~'kti•,�j � 5„e:..G.pt' .�i.�'.!'...u'2,a"r 4(,.+c! Bc 1 �;. i, 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 a r .y,t4i �d,.. Pw '" w�� • � �yyµty P � N'«rt V � t 1.A� j�x dv / �ry' ,. S q�A'��34e�.wy^�•y� M..W� �i i'ry •�4ry`��" XSk pt+„ � ��,�e"`Rn•'^� ^r P `� �s� >'^jrG. TJ.k}./m1.}t' 1[.. ? r4 •yx� Y"1i44` b 1� +6 Y"y, '' - y ?y*h Yr iC� r 9f ;a2 k Yn. '""";" i•�y �e IN . _. .a>�' tSi' 7.-aa '#,•�>3�ry'�F"�`y �*,�,,, a 4�c^ ���^ 99s �- � b '� r t ✓ x� <� � a _ �, 13, '+t ° ?`• wra r} r $; w � t yy :VA +� 10 *i i.�w � r z � � t�; ',� � t� �� ♦ may' re � J.. `� � I.r .d � .` •.f? s i o�J?rs 'tet kik ws�i r � n a4 8 yri rA 1%.c a ' $H4',.•.ly'V y` 1 7N y` "- t t ` 't °Joy" t TIA ' a •� t'y-t �rJl$�-} •M11.3' . k�r, ��"I���S+ � � " RI 'J� zrj. l�,p��;: a i AFA 14 i �t � µ i y x ps.' 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