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64-641 - 48 BAY VIEW AVENUE - CONSERVATION COMMISSION AW- IC CITY OF SALEM CONSERVATION COMMISSION November 20, 2017 Susan St. Pierre Susan St. Pierre Consulting Services 74 Bay View Ave. Salem, MA 01970 Re: Order of Conditions—DEP#64-641-48 Bay View Ave Dear Ms. Pierre: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-business-day appeal period, this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100, Salem, Massachusetts). Once recorded,please return a copy of Page 12 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File#64-641 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, Ashley Green Conservation Agent Enclosures cc: DEP Northeast Regional Office Kris Klein James Klein �Od� COPY Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-641 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem CityRown 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 Kris Klein Important: a.First Name b.Last Name When filling out forms on c.Organization the 48 Bay View Ave 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. Applicant&James A. Klein a.First Name - b.Last Name c.ILS Organization 4 43 Bay View Ave d.Mailing Address Salem MA 01970 e.City/rown I.State g.Zip Code 5. Project Location: 48 Bay View Ave Salem a.Street Address b.City/Town 44 141 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: d m s d m s N d.Latitude e.Longitude I_a9, AA x/11 Page 1 of12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-641 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityrrown A. General Information (cont.) 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate Number(if registered land) 35857 427 c.Book d.Page 7. Dates: 10/31/2017 11/16/2017 11/20/2017 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents (attach additional plan or document references as needed): Proposed Site Plan 48 Bay View Avenue Salem Massachusetts a.Plan Title Vernon J. LeBlanc, PLS Vernon J. LeBlanc, PLS b.Prepared By c.Signed and Stamped by 8/31/2017 1"=20' d.Final Revision Date e.Scale f.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 ® 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. wparorm5 dw• rev.6116/2015 Page 2 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: \ Bureau of Resource Protection -Wetlands 64-641 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Citylrown 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 60+/- disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linear feet Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feet b.linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet s. ❑ Land Under Waterbodies and a.square feet b.square feet c.square feet d.square feet Waterways e.c/y dredged f.cly dredged T. ❑ Bordering Land Subject to Flooding a.square feet b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet s. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet g. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq it within 100 It c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 It g.square feet h.square feet i.square feet j.square feet wWO.5.d - rev.6/16/2015 Page 3 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-641 WPA Form 5 - Order of Conditions MassDEP Pile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem city/rown B. Findings (cont.) Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 10. EJ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.dy dredged d.Gy dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 14. ❑ Coastal Dunes cu yd cu yd a.square feet b.square feet c.nourishment d.nourishment 15. ❑ Coastal Banks a.linear feet b.linear feet 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. EJSalt Marshes a.squarefeet b.square feet c.square feet d.square feet 19. ❑ Land Under Salt Ponds a.square feet b.square feet a cly dredged d.cry dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a cly dredged b.c/y dredged 21. ® Land Subject to 1088 1088 Coastal Storm a.square feet b.square feet Flowage 22. ❑ Riverfront Area a.total sq.feet b.total sq.feet Sq ft within 100 ft c.square feet d.square feet e.square feet f.square feet Sq ft between 100- 200 ft g.square feet h.square feet i.square feet j.square feet wpeform5.dw• rev.6/16/2015 Page 4 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-641 WPA Form 5 - Order of Conditions MassDEPFile# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 el Transaction# Salem City/town B. Findings (cont.) •#23.If the 23. ❑ Restoration/Enhancement•: project is for the purpose of restoring or s. uare feet of BVW enhancing a aq b.square feet of saR marsh wetland resource area 24• ❑ 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 tB.i17.c or 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 the additional regulatory measures, shall be deemed cause to revoke or modify this Order. 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. c. If the work is for a Test Project, this Order of Conditions shall be valid for no more than one year. 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. An Order of Conditions for a Test Project may be extended for one additional year only upon written application by the applicant, subject to the provisions of 310 CMR 10.05(11)(f). 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_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. w afwm6.dw• rev.6/16/2015 Page 5 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-641 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem city/rom C. General Conditions Under Massachusetts Wetlands Protection Act 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. 9. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the Conservation Commission on the form at the end of this Order,which form must be stamped by the Registry of Deeds, prior to the commencement of work. 10. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection" [or, "MassDEP"] "File Number 64-641 " 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. wpafo 5.d • rev.6/16=15 Page 6 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-641 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTranmeon# Salem city/rom C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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. 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. 19. The work associated with this Order(the"Project") (1)❑ is subject to the Massachusetts Stormwater Standards (2)® is NOT 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; X. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; wpaform5. m. rev.6/16/2015 Page 7 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands 64-x41 WPA Form 5 — Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 -e-DEP Transaction# Salem City/rown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) 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. 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. wpaf m5A=• rev.6/1612015 Page 8 N 12 Massachusetts Department of Environmental Protection Provided by MassDEP: ^ Bureau of Resource Protection - Wetlands 64-641 l� WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransachon# Salem City/rown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission") upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook, Volume 3, Chapter 1, Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least six inches above grade to allow for wildlife passage. Special Conditions(if you need more space for additional conditions, please attach a text document): 20. For Test Projects subject to 310 CMR 10.05(l 1), the applicant shall also implement the monitoring plan and the restoration plan submitted with the Notice of Intent. If the conservation commission or Department determines that the Test Project threatens the public health, safety or the environment, the applicant shall implement the removal plan submitted with the Notice of Intent or modify the project as directed by the conservation commission or the Department. wpaform5.dm- rev.6/16/2015 Page 9 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-641 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem City/rows D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The Salem hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw, specifically: 1.Municipal Ordinance or Bylaw 2.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. b. ® that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: Wetlands Protection &Conservation Ordinance c.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): Attached special conditions are issued under the Wetlands Protection Act and are sufficient for compliance with the local ordinance. wpaform5.dw• rev.6/16/2015 Page 10 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 64-641 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 condition pursuant to General Conditions#4,from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form. This Order must be signed by a majority of the Conservation Commission. 2.Numb r of Signers The Order must be mailed by certified mail(return receipt requested) and delivered to the applicant.A copy also must be mailed or hand delivered at the same time tot propriat rt e of Environmental Protection Regional Office, if not filing electro ' ly, d the o if diff ent from applicant. / Signatures: ❑ by hand delivery on LuJ by certified mail, return receipt requested,In II 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 for 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. wpefwm5.dm- rev.6/1612015 Page 11 of 12 Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands 04-041 WPA Form 5 - Order of Conditions MassDEP File# Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction# Salem Cityfrown 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. Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. -------------------------------------------------------------------------------------------------------------- To: Conservation Commission Please be advised that the Order of Conditions for the Project at: 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.dm• rev.6/16/2015 Page 12 of 12 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a.Street Address b.City/Town,Zip c.Check number d.Fee amount Important: When filling 2 Person or artYmakin request(if appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Tom State Zip Code not use the return key. Phone Number - Fax Number(if applicable) VQ 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 46), Order of Conditions (Form 5), Restoration Order of Conditions(Form 5A), or Notice of RANon-Significance (Form 6)): Name Mailing Address Cityrrown State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability—Fee: $120 ❑ Superseding Order of Resource Area Delineation—Fee: $120 wpalorM5.dw- rev.4/22/2015 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) Send this form and check or money order, payable to the Commonwealth of Massachusetts,to: Department of Environmental Protection Box 4062 Boston, MA 02211 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see httl)://www.mass.(Iov/eea/agencies/massdeo/about/contacts/). 4. 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. wpelorm5.dw• w4=015 Page 2 of 2 ie'—_ p Attachment to Order of Conditions # 64641 Page[of SALEM CONSERVATION COMMISSION DEP FILE #64-641 48 Bay View Avenue City of Salem, Massachusetts ADDITIONAL FINDINGS Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (online, 11/16/2017) 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 contain any vernal pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131, Section 40 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34, Section 34-1 —3413. This Order permits the proposed raising of existing single-family dwelling approximately two feet in height to install a new foundation and gain extra height on the ground floor; site work to create two-car driveway and new walkway; and removal and replacement of existing fence with a stone wall at 48 Bay View Avenue. GENERAL CONDITIONS 1. 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#64-641 must be installed at the entrance to the site and seen from the public way,but not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. 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, Attachment to Order of Conditions # 64-641 :I Page Rof I 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) 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 Proposed Site Plan, 48 Bay View Avenue, Salem, Massachusetts (Title) August 31,2017 (Dated) Vernon J. LeBlanc,PLS (Signed and Stamped by) City of Salem Conservation Commission (On file with) 15. Any proposed changes in the approved plan(s) or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Change with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field,as to whether the change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. Attachment to Order of Conditions # 64641 Page Dof I 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. 17. [Reserved]. PRIOR TO CONSTRUCTION 18. 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. 19. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Agent shall inspect and approve such installation at the pre-construction meeting. 20. No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be adequate additional erosion and sediment controls stored onsite for emergency purposes. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in 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. 23. All debris fill and excavated material shall be stockpiled a location far away enough from the wetland g Y resource areas to prevent sediment from entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through straw bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty(30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. Attachment to Order of Conditions # 64-641 Page J�of 28. 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 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,strawbale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). (2) A letter from a registered professional engineer,architect,landscape architect or land surveyor certifying compliance with the plans approved in this Order of Conditions. (3) An"As Built"plan signed and stamped by a Registemd PfefessieiW Ea&eer er Land StHweye J r � Attachment to Order of Conditions # 64-641 WPage Eof I /1.\ T..eatie and eleyiag..m of all ..t........_. management«.......«.nt e y stmetures 1.d C�77 a "Amevmes" .but aFe not lintited to,all buildings,septie systefa eempenents,wells, ; cd; A-line deliaeef the limit of work "weri 'ineledes myA1�exem ti &e� 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs; at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal. ADDITIONAL CONDITIONS 43. Hay bales or silt socks shall be installed downgradient of the limit of work 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 Commission and/or its Agent shall inspect and approve such installation at the pre- construction meeting. 44. The proposed parking area shall be constructed using pavers. PERPETUAL CONDITIONS 45. [Reserved]. Notice of Intent 48 Bay View Ave All Submitted to: Salem Conservation Commission Submitted by: Susan St. Pierre Consulting Services Submitted for: Kris Klein 48 Bay View Ave Salem, MA 01970 October 30, 2017 Susan St.Pierre Consulting Services 74 Bay View Avenue,Salem,MA • 781-439-2461 • 48 Bay View Ave,Salem, MA Notice of Intent Filing INDEX Attachment 1 Notice of Intent Application Form and Wetlands Fee Transmittal Form Attachment 2 Project Description Attachment 3 Abutters List Attachment 4 Site Photographs Project Plans Existing Conditions Plan dated October 25, 2016 and Proposed Site Plan dated August 31, 2017prepared by LeBlanc Land Survey Associates, Inc. 48 Bay View Ave,Salem,MA Notice of Intent Filing Attachment 1 Notice of Intent Application Form/Fee Transmittal Form 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 NumberExistin Cityrrown hen Wfilling out A. General Information When f forms on the computer, use only the tab key 1. Project Location (Note: electronic filers will click on button to locate project site): to move your 48 Bay View Ave Salem 01970 cursor-do not use the return a.Street Address b.Cityrrown c.Zip Code key. Latitude and Longitude: 42*32'860"N 70*52'01.766"W d. Latitude e.Longitude - m 44 0141-00 f.Assessors Map/Plat Number g. Parcel/Lot Number 2. Applicant: Kris Klein a.First Name b.Last Name Note: Before c.Organization completing this form consult 48 Bay View Ave your local d.Street Address Conservation Salem MA 01970 Commission e.City/Town f.State g.Zip Code regarding any municipal bylaw 603-957-8342 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 Applicant&James A. Klein a. First Name b. Last Name c.Organization 48 &43 Bay View Ave d.Street Address Salem MA 01970 e.City/Town f.Slate g.Zip Code h. Phone Number i. Fax Number j. Email address 4. Representative (if any): Susan St. Pierre a. First Name b.Last Name Susan St. Pierre Consulting Services c.Company 74 Bay View Ave d.Street Address Salem MA 01970 e. Cityrrown f.State g.Zip Code 781-439-2461 sst.pierre@comcast.net h.Phone Number i. Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $110 $97.50 $122.50 a.Total Fee Paid b.State Fee Paid c.CityrTown Fee Paid wpaform3.doc•rev.6/28/2016 Page 1 of 9 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 NumberExistin City/Town A. General Information (continued) 6. General Project Description: Raise an existing single family residence 2 feet in height and perform site work to install a foundation; create a two-car driveway and walkway; and install a stone wall. 7a. Project Type Checklist: (Limited Project Types see Section A. 7b.) 1. ® Single Family Home 2. ❑ Residential Subdivision 3. ❑ Commercial/industrial 4. ❑ Dock/Pier 5. ❑ Utilities 6. ❑ Coastal engineering Structure 7. ❑ Agriculture (e.g., cranberries, forestry) 8. ❑ Transportation 9. ❑ Other 7b. Is any portion of the proposed activity eligible to be treated ted as a limited project (including Ecological Restoration 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. (See 310 CMR 10.24 and 10.53 for a complete list and description of limited project types) 2. Limited Project Type If the proposed activity is eligible to be treated as an Ecological Restoration Limited Project(310 CMR10.24(8), 310 CMR 10.53(4)), complete and attach Appendix A: Ecological Restoration Limited Project Checklist and Signed Certification. 8. Property recorded at the Registry of Deeds for: Essex South a. County b.Certificate#(if registered land) 35857 427 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. wpaform3.doc•rev.6/28/2016 Page 2 of 9 Massachusetts Department of Environmental Protection Provided by MassoEP: L7�1 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 Existin City/Town B. Buffer Zone & Resource Area Impacts (temporary sr permanent) (cont'd) Resource Area Size of Proposed Alteration Proposed Replacement(if any) For all projects a. ❑ Bank 1. linear feet 2.linear feet affecting other b. ❑ Bordering Vegetated Resource Areas, Wetland I.square feet 2.square feet please attach a narrative c. ❑ Land Under 1.square feet 2.square feet explaining how Waterbodies and the resource s Waterwa area was y 3.cubic yards dredged delineated. Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of Flood storage lost 4.cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of Flood storage lost 3.cubic feet replaced f. ❑ Riverfront Area 1.Name of Waterway(if available) -specify coastal or inland 2. Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft. -All other projects 3. Total area of Riverfront Area on the site of the proposed project: square feet 4. Proposed alteration of the Riverfront Area: a.total square feet b.square feet within 100 ft. c.square feet between 100 ft.and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 6. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No 3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35) Note: for coastal riverfront areas, please complete Section B.21 above. wpaform3.doc•rev.6/28/2016 Page 3 of 9 Massachusetts Department of Environmental Protection Provided by MassDEP: LBureau of Resource Protection - Wetlands MassDEP File Number 1 WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Existin Y City/town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) 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 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 j. ❑ Land Containing Shellfish 1.square feet k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.cubic yards dredged I. ® Land Subject to 1,088 (stone wall & dwelling) 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 feel 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 wpaform3.doc•rev.6/28/2016 Page 4 of 9 Massachusetts Department of Environmental Protection Provided by MassoEP: Bureau Of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Ll Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Existin City/Town C. Other Applicable Standards and Requirements ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section C and complete Appendix A: Ecological Restoration Limited Project Checklists — Required Actions (310 CMR 10.11). Streamlined Massachusetts Endangered Species Act/Wetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://maps.massgis.state.ma.us/PRI EST HAB/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 ugust 1, 2017 1 Rabbit Hill Road A A Date t map Westborough, MA 01581 b.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 C.1.c, and include requested materials with this Notice of Intent(NOI); OR complete Section C.2.f, 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). 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 2. ® 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 Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see http://www.mass.gov/eea/agencies/dfg/dfw/natural-heritage/regulatory-reviewh. 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.6/28/2016 Page 5 of 9 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 Existin City/Town C. Other Applicable Standards and Requirements (cont'd) (c)❑ MESA filing fee (fee information available at http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule htm). Make check payable to "Commonwealth of Massachusetts - NHESP" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit., (d)❑ Vegetation cover type map of site (e) ❑ Project plans showing Priority & Estimated Habitat boundaries (f) OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/requlatory 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 3. ❑ Separate MESA review completed. Include copy of NHESP "no Take" determination or valid Conservation & Management Permit with approved plan. 3. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable—project is in inland resource area only b.❑ Yes ® No If yes, include proof of mailing, hand delivery, or electronic delivery of NOI to either: South Shore-Cohasset to Rhode Island border, and North Shore-Hull to New Hampshire border: 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 Email: DMF.EnvReview-South(dstate.ma.us Email: DMF.EnvReview-North(d).state.ma.us 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. wpaform3.doc•rev.6/28/2016 Page 6 of 9 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 Existin City/Town C. Other Applicable Standards and Requirements (cont'd) 4. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? Online users: a. El Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on your 5. 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 ® No information you submit to the 6. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act(M.G.L. c. 131, § 40A) or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? a. ❑ Yes ® No 7. 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. ® No. Check why the project is exempt: 1. ® Single-family house 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 ❑ This is a proposal for an Ecological Restoration Limited Project. Skip Section D and complete Appendix A: Ecological Restoration Notice of Intent— Minimum Required Documents (310 CMR 10.12). 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. 0 Plans identifying the location of proposed activities(including activities proposed to serve as a Bordering Vegetated Wetland [BVWj replication area or other mitigating measure) relative to the boundaries of each affected resource area. wpaform3.doc•rev.6/28/2016 Page 7 of 9 C Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Document Transaction Number Ll Massachusetts Wetlands t ands Protection Act M.G.L. c. 131, §40 Existin Cityrrown D. Additional Information (cont'd) 3. ❑ Identify the method for BVW and other resource area boundary delineations (MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), and attach documentation of the methodology. 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. Existing Conditions Plan and Site Plan 48 Bay View Ave, Salem, MA a. Plan Title LeBlanc Survey Associates, Inc. Vern LeBlanc b. Prepared By c.Signed and Stamped by October 25, 2016 and August 31, 2017 1"= 20" d. Final Revision Date e.Scale f.Additional Plan or Document Title g.Date 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6. ❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7. ❑ 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. 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: 614 10/30/17 2.Municipal Check Number 3.Check date 613 10/30/17 4.State Check Number - 5.Check date Susan St. Pierre Consulting Services 6.Payor name on check:First Name 7.Payor name on check: Last Name wpaform3.doc•rev. 6/28/2016 Page 8 of 9 Massachusetts Department of Environmental Protection Pro`idedby MassDEP: Bureau of Resource Protection -Wetlands MassDEP He Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number cityrown F. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L. c. 131, §40. Notice must be made by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested)to all abutters within 100 feet of the property line of the proje t location. 9/21/17 1. a u pplicam 2.Date 3.Sign Pcoperty �er i 4.Date 9/21/17 5.Signature of RepmsentEftive Ctf any) 6.Dale For Conservation Commission: 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 the applicant has checked the"yes"box in any part of Section C, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaforn3.doc•rev.6/28/2016 Page 9 of 9 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 1 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. Location of Project: use only the tab key to move your 48 Bay View Ave Salem cursor-do not a. Street Address b.Cityrrown use the return key... c.Check number d.Fee amount VQ 2. Applicant Mailing Address: Kris Klein a. First Name b.Last Name c.Organization 43 &48 Bay View Ave d.Mailing Address Salem MA 01970 e.City/Town - f.State g.Zip Code 603-957-8342 h.Phone Number i. Fax Number j. Email Address 3. Property Owner(if different): Applicant& James A. Klein a.First Name b.Last Name c.Organization 43 Bay View Ave d.Mailing Address Salem MA 01970 e. City/Town f.State g.Zip Code h.Phone Number i. Fax Number j. Email Address To calculate B. Fees filing fees, refer to the category fee list and Fee should be calculated using the following process&worksheet. Please see Instructions before examples in the filling out worksheet. instructions for filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Form 3(Notice of Intent). Step 2/Number of Activities: Identify the number of each type of activity. Step 3/1ndividual 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/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee, divide the total fee in half and subtract$12.50.To calculate the city/town share of the fee, divide the total fee in half and add$12.50. noifeeff.doc•Wetland Fee Transmittal Form•rev.10/11 Page 1 of 2 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/individual Fee Activity Fee 1 1 110 110 Step 5/Total Project Fee: 110 Step 6/Fee Payments: Total Project Fee: $110 a.Total Fee from Step 5 $97.50 State share of filing Fee: b. 1/2 Total Fee less$12.50 City/Town share of filling Fee: $122.50 c. 1/2 Total Fee plus$12.50 C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of this form; and the city/town fee payment. To MassDEP Regional Office (see Instructions): Send a copy of the Notice of Intent or Abbreviated Notice of Intent; a copy of this form;and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) nofted doe•Wetland Fee Transmittal Form•rev.10111 Page 2 oft 48 Bay View Ave,Salem,MA Notice of Intent Filing Attachment 2 Project Description 1. Project Summary The property is located in the Salem Willows neighborhood and is bounded by Bay View Avenue to the east, Juniper Cove to the west and single family residential properties to the north and south (see Figure 1, Locus Map and Figure 2,Aerial View). The property contains an existing two and one- half story single family residential structure,a front lawn,a paved parking area and a boat ramp(see Existing Conditions Plan and Attachment 4 Site Photos). The applicant proposes to raise the structure approximately two (2) feet in height to allow for additional clearance on the bottom floor and to allow the installation of a new foundation. Additional work includes: site grading to create a two-car driveway and walkway in the front of the property; removal of an existing fence and replacement with a 24-inch high x 12-inch wide stone wall; and installation of an exterior 4'wide spiral staircase at the rear of the dwelling(see Proposed Site Plan). 2. Wetland Resource Areas and Impacts Wetland resource areas on the project site include Coastal Bank and Land Subject to Coastal Storm Flowage (100-year flood zone). The walls and top of slope of the adjacent boat ramp represent the top of the Coastal Bank resource area while Land Subject to Coastal Storm Flowage extends from Juniper Cove inland to elevation 11 (see Figure 3, 2017 FEMA Flood Maps which delineates Zone AE elevation 11, NAVD as the 100-year flood line and Figure 4 Aerial with FEMA line). There is also a 100 foot Buffer Zone extending inland from the Coastal Bank encompassing most of the site. Raising of the house and installation of a new foundation will occur within the existing building footprint (including porches). The proposed two car driveway and new walkway are proposed in an existing lawn/walkway along the northeast side of the site within the Buffer Zone. Portions of the proposed stone wall and the new foundation/dwelling renovation work are located within Land Subject to Coastal Storm Flowage (approximately 1,088 square feet total). No work is proposed within the Coastal Bank Resource Area. Temporary impacts to Land Subject to Coastal Storm Flowage will result from the excavation required to install the foundation in an area that is currently paved and under the existing porches/residence. There are no performance standards for Land Subject to Coastal Storm Flowage and no adverse impacts to wetland resource areas will result from the Project. 3. Schedule The owner hopes to begin construction this year with Project completion by late summer/fall of 2018. Pace 11 48 Boy View Ave,Salem,MA Notice of Intent Filing I.SliVer OLIVER: MassGIS's Online Mapping Tool 0LlVFRUpdAtPc Please take the OLI\ 148 Bay MewAVe SalemMMA Isom to a tov�n 4" Project Locus 16 eck ' er N. r'. • °° pPo ip nt' , Apbot/ e �•: 'F 8 . . and � ':• e ,. ,; o ;;� � gtt'Pi�tceri g �. 3 • werpla - 8oat'Farti( Kne �c • •.�.; J�• f Ri � vek' -�' t ' Salem ' • v°D ' y � i* Co > ' •n • Sal m Terminal B +v� 4 � } Figure 1 Locus Plan Page 12 . ./� .�'' s"�'' a� {" -� n as %"•+�` �� -;r„ i / 44 MrMaWfl t` ej / �i"�t �..' .✓ 'may � �� '` � ^� �. l`�,4. � ^ yr q 1 •i e � �� / * j ��• - � , /7 Ili ffff� ; I 48 Bay View Ave Notice of Intent Filing ' ZO EVE �-..,. ��`' M9AMNBM•RMD6mWnOfF) mNAv.lea fi sem'' . r xw&EtWpD,V6�i9 �dMafRmOr+1 f �" ..- '!Q �a1+aAmDsrnmwRma xmvD,AMm '� .� ' WJfmmMtlpMeflmFMNl m,aLB 8 •L. r EMMhoaNmmsfooanllM M Ze +yav � ('J' ZONE \i E �- m�alMau�,mwmnmc.:�x �v_' �' i j. (EL 14)• u <-'�,': �Da�Fxmm ,a�r� �` ♦ RmoxBrnNoNMMNRReoD M6MMBMIMm ZON yyE a " ISI AND\ 1w �3 JIM A /f�/VENUE� NOTE WEMAP WAGeW DATED Yom.) r u DNrC Z'.ief �V,� SCALE 2013 VJ0.9 DUNNED FROM USGS AV.fd1UEi ! - r • ..� (r.. ¢. 't VE _ ru�DiMacverwFNMreN•m Mmv.eRMmoa F>r, G,��tr� vNv..wnrw.:wmioe.2mrom ME oRIAL ZON• E4Row� �_T�L1B� Project Locus j, ilBa-sroan i:s000 %DRry , ,(E 1.T)1 s4Tn er;,t✓Av t Tpea +' .- vENu ZONE VE D 250 mD ,. R'✓ ,s, t'6 .' T.,JN MJF OT5, ''' ci"C w (EL 1'S)'• ' m mo0 cv�N��NF�.,t.r D Ts , E NATIONAL FLOOD INSURANCE PROGRAM ` '� -• �.� O (EL 14' FLOOD INSURANCE RATE MAP ''M .' J9 f' U' ♦ �Rf,DSMER FWi ESSE(000NrY,MASSACHUSETTS M.E r k1' MM1 436 m 600 _ M T.bIA F i •�: Ye„M Ma COMM" MIM6EB M mN if Citi of Salem ,r+t_^� ZONE VE �..rn.m aaam+ aaB D . 25Q�1�U3 iJ �'' :�iy, * ' +e'^A•. ,;(EL 17) ;� soca anm m1Ba aaa o JOINS PANEL 0438 ' REVISED TO WINTER ISLAND LIMIT OF MODERATE •' �� REFLECT LOMR ROAD wnvEAcnoN 347°0°"E �. EFFECTIVE: July 25,2017 t.:+ - ) w1 M]iSMNNUMBFA Figure 3 FEMA Map "`> MVam MOREVMED r . M JULY M 201A 14 iI • • I • NIN W. r l Ilk 10 Ar Legend V It Project Site . r r • n. r r r , J• e.. f�. 1•1 ,;. .� ..may+. ' • Google Earth Figure 4 Aerial with FEMA line r,< 09017Goo0le +� 100ft ,.,,� 48 Bay View Ave Notice of Intent Filing Attachment 3 Abutters List CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS RECEIVED "r i 1 c 2`11 BOARD/COMMISSION: Conservation Commission DEPT OF PLANNING A PROJECT SITE: 48 Bay View Avenue 141-0141-01 Co,mUNO Y DEVELOPMENT DATE: 8/15/2017 DESCRIPTION OF REOUIREMENT: Ali abutters and my 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 AG 310 CMR 10.05(4)(x))to the parcel(s)of land listed above as the project site. Assessor's Signature: WDate: 7 /1' Number of idtlaled pages attached: f Once Certified,Return to: Ashley Green,Department of Planning and Community Development 48 Bay View Ave Notice of Intent Filing IUURAAAI E � fi ?J� ^g�Ji JENUE 1P,� J `"J;t•'F'�l�F w.' �'i \J�p9u5 P ,.�R�ENJ �a�.e.ww. Op Ab Go'- PJE •. E t wst�+ar yIEW AVENUE r 4 h .. i P 0J0 a �7 40� I oQ o o WINTER_I��A� )BO lBUrt PINeGm OflHYMtI et 0218 PN • 48 Bay View Ave Notice of Intent Filing Parcel ID:44-0141-0 Parcel ID:44-0059-0 Parcel ID:44-0067-0 KLEIN KRIS KLEIN JAMES A HOSMAN MARIAN KLEIN JAMES A KLEIN KATHERINE M 51 BAY VIEW AVE 48 BAY VIEW AVE 43 BAY VIEW AVENUE SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 Parcel ID:44-0068-0 Parcel ID:44-0139-0 Parcel ID:44-0140-0 LEAVER ANN M MOUNTAIN SCOTT C DRISCOLL-GAUTHIER 55 BAY VIEW AVENUE MOUNTAIN EMILIA POPPE 52 BAYVIEW AVENUE SALEM,MA 01970 60 BAWIEW AVE SALEM,MA 01970 SALEM,MA 01970 Paroel ID:44-0142-0 Parcel ID:44.0143-0 Parcel ID:44-0144-0 GOODHUE ALBERT III COOK ROBERT J HARNETT RICHARD P VAN DYKE KATHERINE A COOK ELAINE HARNETT LORRAINE M 44 BAY VIEW AVENUE 42 BAY VIEW AVE 38 BAY VIEW AVE SALEM,MA 01970 SALEM,MA 01970 SALEM,MA 01970 Parcel ID:44-0146-0 SALEM LAND CONSERVATION 120 WASHINGTON STREET SALEM,MA 01970 48 Bay View Ave Notice • Intent Filing Attachment 4 Photos of Existing Facilities C s _ 'kLawn area_to be converted • dri veway _f . View of dwelling from Bay View Ave View of rear of dwelling and boat ramp Notice48 Bay View Ave IIntent Filing ems- •� t Rear yard showing fence't6 be replaced with stone)w�a Example of proposed stone wall � h e �r r . - j. .. CITY OF SALEM n r T R` Q CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Notice of Intent for Kris Klein, 48 Bay View Ave, Salem, MA. Purpose of hearing is to discuss proposed raising of existing single-family dwelling approximately two feet in height to install a new foundation and gain extra height on the ground floor; site work to create two-car driveway and new walkway; and removal and replacement of existing fence with a stone wall at 48 Bay View Ave within an area subject to the Wetlands Protection Act MGL cl31§40 and Salem Wetlands Protection&Conservation Ordinance. Hearing will be 11/16/17 at 6:30pm in City Hall Annex, 3rd floor conference room, 120 Washington St. Salem News publication date: November 9, 2017 A deposit has been submitted from: Susan St. Pierre Consulting Services 74 Bay View Ave Salem, MA 01970 781-439-2461 . I X7503 �u 48 raw.olmne OUNCLA a WIND aaen tae ememeoirl sal ... I. STUART M. MAMMM, . Sam• a'nominal Esse: C=ty,fdasunhu eM PMd, gnats to am" LM CONSBMTIOu TPOsT, INC., �. Sl9Ceh ',Teen, s�Lory e of Salem, Massachusetts, With qKW ap3ampdor ad auamblmo;it,qt ,R All the flats and upland Mich I new own, or to which I an 1n any way entitled, lying In Juniper Cove, in said Salam, to the utmost extremity thereof from Coluemun Avenue p to the,see. Y This conveyance is subject to the following restrictions, 1. There shall be no dumping or filling on the Premises described herein. I. No buildings, plate Or etrrcturas of any kind shell be erected on the M premises described heroin. 3. No ono shall be allowed to live aboard houseboats or boats on the preml'aes ' y described heroin, Or on the cove adjacent W said premisea. y a. The grantor m athe tight to maintain his moorings and out-hauls r1N'asses over tiro flats ts to eo the earn. e 5. There shall be no sale or other disposition of rho premise described s herein during the grmtor•a lifetime cr. 30 years, whichever Occurs later. E o4y 6. There shell be no digging of clean, rotes or Other animals or vegetation a. during the period of April gat to October let. Y Y The foregoing restrictions are authorized by Massachusetts General Lars, Chapter 164, Section 31-33 and is intended to retain said parcel predominantly in its natural. Scenic and'OPOA condition, In order to protect the natural and salt werar resources of the City of Salem. For my title, see Book 0491, Page 55, at the Raw- South District Registry of Deeds, i S 11lhmdd ....m1!...,brad and seal tbu.....!...`!�.�........day of.........A!!N°Ss..........,19e?.:.. N .......................................................................... W.- MARTIN .......................................................................... ..................,....................................................... 9 .......................................................................... .......................................................................... 0peedoozzomfW4 of AaIDa . Evans. 3L August/V 19 64 Than PawasHyappendthe above named Stuart M. Martin ~ u and admoeledged the fongemg ionnno tmbe hi fmact before M,ax no. VtJ� 19 f4odMbd—JddTemm-.Tavmd in Coonan) E.Or ap��am� CKAPIR In SEC 6 Aa A1OINID®BY CHAPIII 497 OF Igo (.me�..1dm�d maaa�adtlM� d andb�deAe�ad oras dd 6006. �O�x M°eel�a te�ie�d aaahrm m�oal ma mmdde.ao dwa.an ar ant pd.(a IM .Imo daaNm fa an as a Amus m ematf wag Iab wades dao as Ana soon, AH Ieh adeaeamw ad b d b nmdd a put m n l amL a b Is malim wab I&aPdam®of orb Sabo `dWq dew dwA NO am of dab dw,sopa dot fer amxda6 Ws RECEIVE ® CITY OF SALEM CONSERVATION COMMISSION NOV 03 2017 NOTICE OF PUBLIC HEARING _ NOTIFICATION TO ABUTTERS CO°E'MMUr, Y PLANNINGG Ea �a' VELOPMENT Under the Massachusetts Wetlands Protection Act &the City of Salem Wetlands Protection Ordinance _ A Public Hearing will be held at Salem City Hall Annex, 120 Washington St, 3rd fl., Salem, MA at 6:30pm on: November 16 2017 To consider a Notice of Intent for: Kris Klein For the property located at: 48 Bay View Ave For: to raise an existing single-family dwelling Approximately two(2)feet in height to install a new foundation and gain extra height on the ground floor; site grading to create a two-car driveway and new front walkway and removal and replacement of a fence along the southerly property line with a stone wall 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, 31 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 confirm email address. Note: You also may contact the nearest Department of Environmental Protection (DEP) Regional Office for more information about this application or regarding the Massachusetts Wetlands Protection Act. To contact DEP call: Central Region: (508) 792-7650 *Northeast Region: (978)694-3200 Southeast Region: (508)946-2714 Western Region: (413) 784-1100 ti. CITY OF SALEM ASSESSOR'S CERTIFICATION OF ABUTTERS AND PROPERTY OWNERS RECEIVED AUG 16 2011 BOARD/COMMISSION: Conservation Commission - DEPT. OF PLANNING & COMMUNITY DEVELOPMENT PROJECT SITE: 48 Bay View Avenue {41-0141-0} DATE: 8/15/2017 DESCRIPTION OF REOUIREMENT: 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: L Date: Number of initialed pages attached: 1 Once Certified, Return to: Ashley Green, Department of Planning and Community Development �kL 9y IJGG J� YFT—m J J F� y �N TFNd`P'" ad® s J J .e QOM GO�J� SSP PJ�NJ� oIm a JNQrcR V Tw ne oiw,�im.dbe.. PJ�NJ� J� MditTwm..H L. O e:R GS GOA JN�Q ? oiooft MMMM, nP]RR NIGH-ilvv V� N Q} Q AVENUE " OJT 4e WINTEd r R lS�A - TI.Gd..Rwmwlmb.l..m � kp wwa.Grw xGwm.�d.w A - m.mdq - ra.nudnGmdm.m.d..d m..wdunrwuu mbN.w mbmp..lIO.IIGdme Gal.. 0 290 5W ft Printed on 08/152017 at 02:19 PM Parcel ID:44-0141-0 Parcel ID:44-0059-0 Parcel ID:44-0067-0 KLEIN KRIS KLEIN JAMES A HOSMAN MARIAN KLEIN JAMES A KLEIN KATHERINE M 51 BAY VIEW AVE 48 BAY VIEW AVE 43 BAY VIEW AVENUE SALEM,MA 01970 SALEM,MA 01970 SALEM, MA 01970 Parcel ID:44-0068-0 Parcel ID:44-0139-0 Parcel ID:44-0140-0 LEAVER ANN M MOUNTAIN SCOTT C DRISCOLL-GAUTHIER 55 BAY VIEW AVENUE MOUNTAIN EMILIA POPPE 52 BAYVIEW AVENUE SALEM, MA 01970 60 BAYVIEW AVE SALEM, MA 01970 SALEM, MA 01970 Parcel ID:44-0142-0 Parcel ID:44-0143-0 Parcel ID:44-0144-0 GOODHUE ALBERT III COOK ROBERT J HARNETT RICHARD P VAN DYKE KATHERINE A COOK ELAINE HARNETT LORRAINE M 44 BAY VIEW AVENUE 42 BAY VIEW AVE 38 BAY VIEW AVE SALEM, MA 01970 SALEM, MA 01970 SALEM, MA 01970 Parcel ID:44-0146-0 SALEM LAND CONSERVATION 120 WASHINGTON STREET SALEM, MA 01970 NOURDA Status Sheet Address: DEP#: UA-U4 Application Type: Nbl Date Submitted: 10131 Contact Name: Phone: Proposed activity: Application Complete r�Correct Fee Received VAbutters List Requested deceived m-iLyi gal Ad Sent egal Ad ConfirmedOnline ded to Agenda Agenda to Applicant Agent Comments to Commission ❑ DEP Comments Hearing Opened: �� I ��1 ��' Continued: Site Visit: d�butters Notice Confirmed Permit Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Permit Uploaded to Salem.com ❑ Expiration date added to calendar ❑ Added to database ❑ Applicant Recorded OoC with Registry Preconstruction Meeting. ❑ Certificate of Compliance Sent to Applicant and DEP ❑ Applicant Recorded CoC with Registry Notes: **Italics indicate only required for NOI H:\CON COMM\Adminlstmtive\project status sheet\N01 and RDA status sheet 2017-6-15.doe �I Ashley Green From: Susan <sst.pierre@comcast.net> Sent: Wednesday, November 15, 2017 7:35 AM To: Ashley Green Subject: RE: Salem Standard Order of Conditions Attachment Follow Up Flag: Follow up Flag Status: Flagged Thank you Ashley. We didn't address erosion control in the plans but can install hay bales at the rear of the property along the top of the boat ramp if the Con. Com wants us to. Also in terms of the Cert. of Compliance,we don't have an engineer on this part of the project. Can the architect certify that the work was done according to the plans? Susan From:Ashley Green [mailto:agreen@Salem.com] Sent:Thursday, November 09, 2017 2:45 PM To: 'SUSAN ST PIERRE'<sst.pierre@comcast.net> Subject:Salem Standard Order of Conditions Attachment Hi Susan, Please see the attached standard conditions which the Conservation Commission is likely to attach to an Order if approved at the meeting. -Ashley Ashley Green I Staff Planner/Conservation Agent City of Salem Department of Planning &Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 978-619-56931 (F)978-740-0404 agreen(a)salem.com I www.salem.com 1 �ONDITq ,; CITY OF SALEM CONSERVATION COMMISSION i SITE VISIT FORM PROJECT LOCATION.. 42 B + V �" DATE OF SITE VISIT' PROJECT PROPONENT: DEP FILE NUMBER: PROPOSED WORK: AwlCommission Members/Agent: �" ' 1 Abutters: Applicant/Property Owner/Representative: Yom' 1 r71�i11'1 I U`IV SITE VISIT PURPOSE: _ SITE VISIT DOCUMENTATION: 50'Photos ❑ Site Map ❑Other: OBSERVATIONS:_ Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. RECOMMENDATIONS: SUSAN ST. PIERRE CONSULTING SERVICES October 30,2017 RECEIVED NOV O 12017 Mr. Gregory St. Louis DEPT, OF PLANNING & Chair,Salem Conservation Commission COMMUNITY DEVELOPMENT 120 Washington Street Salem, MA 01970 Re: Notice of Intent 48 Bay View Ave Dear Mr. St. Louis, Enclosed please find one original and eight copies of the Notice of Intent filed on behalf of Kris Klein for work proposed at 48 Bay View Ave. The Project involves raising an existing single-family dwelling approximately two(2)feet in height to install anew foundation and gain extra height on the ground floor; site grading to create a two-car driveway and new front walkway; and removal and replacement of a fence along the southerly property line with a stone wall. The front yard site grading and portions of the foundation/dwelling renovation work are located within the 100-foot Buffer Zone of Coastal Bank and approximately 28 linear feet of the proposed stone wall and 1,060 square feet of the proposed foundation/dwelling renovation work are located within Land Subject to Coastal Storm Flowage. I would appreciate it if you could schedule this project for a hearing at your November 16, 2017 meeting. If you have any questions, regarding the filing or the proposed work, please feel free to contact me at(781)439-2461. Susan St. Pierre,AICP President CC: K. Klein MA DEP Northeast Region (via certified mail) Enc. 1 original;8 copies Notice of Intent Application and Plans 74 Bay View Avenue I Salem,MA 01970 I Tel. 781.439.2461 1 sst.pierre@comcast.net Iron Rod N LEGEND (Fn d) WVs pd WATER GATEmoo' 0 OO SEWER MANHOLE SCP 0- `al UTILITY POLE c� O IRON PIPE OR ROD w z PROPERTY LINE Iron Rod WOOD FENCE ; (Fnd) — — 9 CONTOUR LINE G o 6, \ Map 44 Lot 142 �6 N/F ww oo, Albert Goodhue 44 Bay View Ave. / Bit. rive BENCHMARK: U 5.2' C Concr to 00.00' 35. MAG Nail Over o, ^� El=12.76 (NAVD88) Porch W�Roof M p 44 Lot 3,693 s ft. 9 . 1Door N Walk Qao� FEMA Flood Zone A o\ \Binta. #48 G0q 0 a El. 11 NA VD 9.56 / J < wv 0 co) car pQ B S 23600 Concrete DrivE Cork' .00 rn J 0 13.07 EXISTING CONDITIONS PLAN Map 44 Lot 46 (5% �0\ o �� 100 48 BAY VIEW AVENUE Salem Land Cons. Tr. N/F t o - s.9' SALEM, MASSACHUSETTS Juniper Cove Prepared By Map 44 Lot 140 LeBlanc Survey Associates, Inc. N/F Kathleen Driscoll–Gauthier 161 Holten Street 52 Bay View Ave. Danvers, MA 01923 ZONING DISTRICT – R1 (978) 774-6012 REFERENCES: October 25, 2016 Scale: 1 "=20' 1) Deed Book 28750 Page 240 2) Plan Book 1 Plan 15 HOR. SCALE IN FEET 3) Plan #456 of 1976 4) Plan Book 66 Plan 89 0 20 50 100 5) Plan #767 of 1956 r Iron Rod (Fn d) NOTES: LEGEND1) Remove and replace existing stairs, and remove concrete walk and expand it to 4' wide (w/ Pavers) "" WATER GATE o, 2) Regrode Parking area and front walkway to EI 13f D4 OO SEWER MANHOLE0. 3) Remove existing fence and install 24" high CP UTILITY POLE - 12" wide stone wall (56t' long) CZ1 4) Proposed spiral staircase O IRON PIPE OR ROD W 5) Repair/restore abutters driveway as needed PROPERTY LINE Iron Rod G VINYL FENCE (Fn d) — 9 — — — CONTOUR LINE J 1z 1© PROPOSED CONTOUR Map 44 Lot 142 N/F Albert Goodhue 44 Bay View Ave. Map 44 Lot 141 \ 100' BUFFER ZONE Edge of 3,693 sq.ft. Bit. pr' e Bit. Conc. Pavement4' �• Os 5.2' N82'36'0 BENCHMARK: Curb 35 MAG Nail Concrete 0 .00 E1=12.76 (NAVD88) Porch W/ROOf Over ^v F 2. COASTAL BANK \ 1Do0 � orr Walk o e 1 6 S30'00"00"E o, #48 40.00' \ o 6, 4 9.56 Not wv 'o o oar 16.72 0. of / X13.29 .4 -Go'\ o o 1 7 Concrete Drive PROPOSED SITE PLAN \ 1 48 BAY VIEW AVENUE ti' ❑ 10. 7 Note 3 PROPOSED SALEM, MASSACHUSETTS S8236'00"iy PARKING 100.00' Prepared By Map 44 Lot 140 LeBlanc Survey Associates, Inc. NIF FEMA FLOOD ZONE A EL. 11 NAVD Kathleen Driscoll–Gauthier 161 Holten Street 52 Bay View Ave. Danvers, MA 01923 ZONING DISTRICT – R1 -0 aF Mgssgcy (978) 774-6012 oma' VERNON J. REFERENCES: NLeB LANC 33600 August 31, 2017 Scale: 1 "=20' 1) Deed Book 28750 Page 240 P o 2) Plan Book 1 Plan 15 IST ER� HOR. SCALE IN FEET 3) Plan #456 of 1976 SS�NA( endo 0 20 50 V7 ," 4) Plan Book 66 Plan 89 5) Plan #767 of 1956 DQ _�i