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0 PIERCE ROAD - BUILDING INSPECTION (2) r.• KAW"�yIt PIERCE 'ROAD of i9ttlem, ,mossor4usetts Publir ?Propertg i3epartment Nuilbing Department (One *niem Wpreen 508-743-9595 FXt. 380 Leo E. Tremblay Director of Public Property Inspector of Building Zoning Enforcement Officer February 3 , 1997 Walter B. Powers , III Chairman Salem Planning Board One Salem Green Salem, Mass . 01970 RE : Salvo/Pierce Rd. & Loring Ave. Subdivision Approval Dear Chairman Power: The purpose of this letter is to inform you that it was per my request that Timothy and Amy Salvo file for subdivision for lot #316 and lot #317 located on Pierce Street . Although lot #317 had grandfathered rights and was a legal buildable lot , it seemed to make a lot more sense to convey 9 , 000sq. ft . to lot #317 and have it comply with today zoning requirements of 15 , 000 sq . ft . I also requested that lot X1316 convey an easement to lot #317 in the event that all City departments except the propose road and entry to the properties . It was also made clear that conservation , public works and the State Highway Commission would all have to approve of said entry to enable a building permit to be issued. The square footage for each lot before subdivision are : Lot I1 316 29 , 000 sq . ft . Lot # 317 6, 218 sq. ft . After the requested subdivision the lots would then be: Lot # 316 20, 000 sq. ft . Lot it 317 15 , 218 sq. ft . I also requested that Lot 11316 convey an easement to Lot 11317 . If this office can be of further assistance in this matter, please do not hesitate to call . Sincerely, �Y Leo E . Tremblay Zoning Enforceme WOfficer LET: scm ✓� F �� \� City of Salem, Massachusetts Fire Department 48 Lafayette Street Robert Turner Salem,Massachusetts 01970-3695 Fire Prevention Chief Tel 978-744-1235 Bureau 978-744-6990 fax 978-745-4646 978-745-7777 October 17, 1997 City of Salem Building Department Mr. Leo Tremblay,Inspector of Buildings One Salem Green Salem,MA 01970 Dear Mr, Tremblay: With respect to the Fire Prevention Division's action in providing an approval of building plans for a single family dwelling proposed by Mr. Timothy Salvo for property located off Loring Avenue adjacent to Forest River,please be advised that the plan approval granted reflects approval of house plans only and does not denote site plan approval. The signing of a`routing slip"simply indicate compliance with respect to the proposed structure. It is understood that prior application for approval through various city boards and departments has resulted in denial based upon site considerations. The Fire Department's concerns, as communicated in prior discourse relative to the site in question, remain as previously stated. If you have any further questions,please call at any time. Sincerely, Robert W. Turner, Chief of Department cc: Charles Latulippe,Fire Marshal Robert A. Ledoux, City Solicitor .�,CON M.C� u t n4 4�n�, C.V•ttssar4use##Y d 7 VVV } Public Property jDeparttneut AJA��IMML��ntr �lli(littg 3�epttrtnient (One _,*n1em (breen 745-0213 William H. Munroe Director of Public Property Maurice M. Martineau, Asst Inspector Inspector of Buildings Edgar J. Paquin, Asst Inspector Zoning Enforcement Officer John L. LeClerc, Plumbing/Gas Insp. January 21 , 1988 Mr. S. Steve Salvo 25 Raymond Road Salem, MA 01970 RE: Pierce Road Dear Steve, City Solicitor Michael O'Brien and I have reviewed the material you left with regards to land on Pierce Road, and shown on the plot plan submitted as, "Plan of land in Salem, Ma. , Estate of Margaret L. Boulger," by Viking Engineering Inc. and dated February I , 1984. Mr. O'Brien and I both concur that the land in question satisfies the re- quirements of State Statues to qualify as a "Grand-Fathered" Lot for the purpose of the issuance of a Building Permit . However, as I advised you, the issues of Wetlands and "Improved Street" must be addressed prior to the issuance of the Permit . If I can be of further service please contact me. Respectfully, Will afm H. Munroe Inspector of Buildings WHM/eaf C.C. City Solicitor, M. O'Brien ,If Bern i ce B. O Neil and Patricia J 2 Ude 55•a i LO a 3 Area= X2/8 0 0 Square Feet rn a v c a o°i co .g c 70. 0 Q=522.25 Ide) ��AD CPrivate_4'W• Pi e,ec� . ,00 yg1j0 ppi U�%p L 1<'636 This property is not in a wetland or in a Flood Plan of Land in Hazard Zone as defined �/ in statutes. /SALEM, A55- See also plan recorded in Essex County Registry of ES tote OfMorgatetL.BOulger Deeds 3ook f16, P/an 4 /7, Lots 0/4-and ,9/5. 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Fit i �� v •, �� /�3, �. h ,�, r y . aa.s ART \�h 9g a of V -Ov qo p � � ''� „t?' '7",�, b t fa • } z \ o v J 6 y § A 53 � Z � e � a�: ,�� 3/4 309 �''s�be�• - ., ,�. � ��, .� � c fij / s • h• � v ,+ ❑ 6154 3.825 qt4.,�r 1� �+�+� � k �`�' �•s ,, �' �' °9;;, `� •310 ':'.� ✓�` $< // c • 'ti�0� '�i�&d$ �'rE� A:> �^?vs '��,� r;�. t t�'^' ..',,��,�,.�"�-9`ru� � . �#�i.��j 'g � . 9 F �n _ ... se,` � +'� �f .e s %y�3q '� YBS_S •� � ''';!' �M,.s Pr� #..: SALEM TATE I1 _ .„ / yYa�1 Y $ n� YYMANd` f 4 SOUTHINNEXP :k x ✓I4, [ Pr ,y st I ,t,0 1 ' 4 �, ...., i`i r y �*T4' � Ctu of "-5atem, ttssuchusetts £ '87 tp , 28 � 23uttrb of �pprzil ♦J 4v t Y / DECISION ON THE PETITION OF STEVEN HENSLEY FOR A VAR AtSCE; �= AT-31-PIERCE RO D (R-1 ) J r A hearing on this petition was held April 15, 1987 with the following Board Members present: James Hacker, Chairman; Messrs. , Bencal, Fleming, Luainski and Strout. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioner, owner of the property, is requesting a Variance from minimum rear setback requirements to allow construction of a second floor deck. Property is located in an R-1 district. The Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would in- volve substantial hardship, financial or otherwise, to the petitioner; c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . There was no opposition voiced at the hearing; 2. The deck could not be detrimental to the neighborhood. On the basis of the above findings of fact, and on the evidence presented at the hearing, the Board of concludes as follows: 1 . Special conditions exist which especially affect the subject property but do affect the district generally; 2. Literal enforcement of the Ordinance would involve substantial hardship to the petitioner; 3. The relief requested can be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the Ordinance. DECISION ON THE PETITION OF STEVEN HENSLEY FOR A VARIANCE AT 31. PIERCE ROAD, SALEM page two Therefore, the Zoning Board of Appeal voted unanimously, 5-0 to grant the Variance requested, subject to the following conditions: 1 . A building permit be obtained; 4 2. Work conform with all requirements of the Nass. State Building Code. VARIANCE GRANTED � cc2 v Peter Strout, Member, Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK AFPEF.L FROM THIS DEOISIOi.. IF ANY. SHALL BE VADE PURSUANT TO SECTION 17 OF THE 8..43S. GENERAL LAWS. CHAPTER EDS, AND SHALL BE FLED WITHIN 20 DAYS AFTER THE DATE OF FILING OF THIS DECISION IN THE OFFICE OF THE CITY CLERK. PUSSL.!Ji TO :'.ASS. GENERAL LA'7;5, CHAPTER SO`.. S=CTI:; 11. THE Y:.`.IA!:CE OR SP:CIL.L FER'<R . GRAI;iEp EII'.. SPALL COT TC:E EFFEC7 U;TI'_ A CO'r'i OF THE CECI,i c Ew:.R;.L`�`NFICD? FIC4iI,;'. OE :HC Ci'Y CLEE'l Tr.A'. 20 DAYS hA:,'y 'LAPSED� AS ABH N, 0:`.'ISS`D DR L:I:iED '.S �R THAT, IF S:i:H F.'I APPEAL H..S BEEN FILE. rl: RECORDED IN THE SOUTH ESSEX RECISTEY OF DEEDS AND INDEXED UNDER THE An'-E OF THE OWNER OF RECORD OR IS RECORDED AND NOTED ON THE O'WNER'S CERTIFICATE OF TITLE BOARD OF APPEAL COPT-10NWEALTH OF MASSACHUSETTS WETLANDS PROTECTION ACT ' • G.L. C.131 s. 40 �.,�.. CERTIFICATE OF COMPLIANCE Pierce Road., Salem, MA, Feb. 24, 1983 PROJECT LOCATION DATE FILE N0, 64-60 It is' hereby certified that the work regulated .by an Order of Conditions dated May, 22. 1980; by the Denartment of Environmental Quality Engineering [ ] ' Conservation Commission [x] has been satisfactorily completed. . This Certificate shall be .recorded.in the Registry of Deeds for the district in which the .land is located. The Order was originally.recorded 011 . May 22.,` 1980 in 6803 528 Date Book Page S,i gnaturd, of Issuing Authority- On this I/ 24 day of 'February 1q 83 ^ ,: befare me personally appeared `lh E ` C clue = m n m.e �. to me known to be the person described in .and who executed the foregoing .instrument and acknowledged. that he executed the same as his free act and domed. ; Notary Pub is My commission expires "F„ -30- . 1 of '81 FEB 26 P12 .02 FEBRUARY 18, 1981 CITY Ci- n;; : nFFirF SAL"' DECISION ON THE PETITION OF CLAYTON W. SMITH REQUESTING A VARIANCE FOR LOTS B, C, D AND E, PIRECE ROAD. A hearing on this Petition was held on February 18, 1981, with the following Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte, LaBrecque, Feeherry and Hacker. Notices of the hearing were sent to abutters and others and a notice of the hearing was published in the Salem Evening News on February 4,1981, and February 11, 1981, in accordance with Massachusetts General Laws, Chapter 40A. The Petitioner has requested a variance from frontage requirements for the property designated as Lots B, C, D and E, Pierce Road. A variance is required because the property, which is in an R-1 district, does not have 100 feet of frontage on an improved road. The proposed use of the property for a single family residence is thus prohibited without a variance. The Board of Appeals, after consideration of the evidence presented at the public hearing and after viewing .the property makes the following findings of fact: 1. This property was the subject of a prior variance granted by this Board. 2. The petitioner's proposed use of this property is consistent with the surrounding neighborhood. 3. The property in question is unique because of its size and because of its location between two improved roads. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeals concludes as follows: .(1) The unique size, configuration and location of the Petitioner's lot renders it valuless without the grant of the requested variance. (2) The conditions described above especially affect the land in question but do not generally affect the zoning district in which the land is located. (3) The conditions described above which affect the land in question, but not the zoning district generally, cause a special. hardship to the Petitioner because his land has no financial value without the requested variance. (4) The desired variance may be granted without substantial detriment to the public good because the Petitioner's proposed use of the property is consistent with the surrounding neighborhood. 1 2. ' r �luarh af Appeal s�. lJA<0/N.fy Id PAGE TWO - DECISION - FEBRUARY 18, 1981 - LOTS B, C, D, AND E PIRECE ROAD Therefore, the Board of Zoning Appeals unanimously votes in favor of granting the requested relief. The Board grants a variance to the petitioner on the follow- ing terms and conditions: (1) All of the conditions stated in a prior variance granted by this Board for the property in question shall remain in full force except that in place of the driveway previously required by this Board, the Petitioner will now be required to construct a portion of road from the present end point of Pierce Road to the beginning of the Petitioner' s property on Pierce Road. This road shall be constructed in accordance with specifica- tions provided by the City Engineers. (2) The Petitioner shall be required to obtain the approval of all other City Boards prior to any construction. at the site. -. (3) The portion of road to be constructed by the Petitioner shall be-maintained by him or by any subsequent owner of the property in question. (4) The portion of road to be constructed by the Petitioner shall remain open to the public. Anthony Mme// eeherry, Secret APPEAL FROP:1 THIS DECISIGN, IF N"(, SHALL BE FADE PURSUANT TO SECTIOM 17 OF THE PLASS. GEMERAL LA1,7S, CHAPTER °.1,n„ Ai:D SHMU EEE F"LED L:'i HIN 20 DAYS AFTER THE DATE OF FILING OF THIS DEC0,N.' 1P1 IH;: U.'iL7 6..THE CITY CLERK. PL'RSAf'T TO .' F.)o ,t,i€. ,.!'?', S'i'f !!. TH'_ VA21A^CF OR SPECIAL PERMIT GFtA";I:D HERE!;", Sn _� _ _. _ . ..I t ;.. ( 1_... .: ?;.. THE ..-ERT• FICATIO r OF TF!_ '.i .::Lu., _..:} t -.:J :i= A„PEAL HAS - 7 FILO, OR THIS, IF .,._S AN APPEAL L H. s XPi OR .;:IED IS RECORDED IM THE SOUTH ESSEX P.E;!S'i i?Y C; GEEiiS 1-.NO IPiGEXED UNDER THE ILA';tE OF THE'O:Y"PER OF RECORD OR IS RECORDED MID PIGTED ON THE OWNER'S CERTIFICATE OF TITLE. BOARD OF APPEAL A COPY OF THIS DECISION, AND PLANS REFERRED TO HAS BEEN FILED WITH THE PLANNING BOARD AND CITY CLERK. s 1 d ' Paurb Df V JAW -2 A9 :20 '80 DEC 33 A9 :18 DECEMBER 17, 1980 CITY CLERK'S OFFICE CITY CL'tRri' OFFICE S;�LEP'I r,r: ,', SALE',. .:.'c; DECISION ON THE PETITION OF CLAYTON V. SMITH REQUESTING A VARIANCE FOR LOTS B. C, D AND E, PIERCE ROAD. A hearing on this Petition was held on December 17, 1980 with the following Board Members present: Douglas Hopper, Chairman; Messrs. Piemonte, LaBrecque, Feeherry and Hacker. Notices of the hearing were sent to abutters and others and a notice of the hearing was published in the Salem Evening News on Dec- ember 3, and December 10, 1980, in accordance with Massachusetts General Laws Chapter 40A. The Petitioner has requested a variance from the Salem Wetlands and Flood Hazard District Restrictions for the property identified as Lots B, C, D and E, Pierce Road to combine these lots and construct a single family residence at the location. A variance is required because/tfie Wetlands and Flood Hazard District the proposed use is prohibited without a variance. The Board of Appeals, after consideration of the evidence presented at the public hearing and after viewing the property makes the following findings of fact: 1. The property in question is in an R-1 district where construction of a single-family house is permitted; however, because the property is in a Wetland and Flood Hazard District use of the property for this purpose can be allowed only through the grant of a variance. 2. The proposed. use of this property has been reviewed by the Conservation . Commission which approved the proposed use with conditions. 3. Without a variance, this property will be essentially valueless. On the basis of the above findings of fact, and the evidence presented at the public hearing, the Board of Appeals concludes as follows: 1. The property in question is unique because of its size (i.e. in excess - of 20,000 square feet) and because of its location. 2. The failure to grant a variance will render the property in question valueless. 3. The granting of the requested variance will not result in increased flood hazard, additional threats to public safety or public expense. 4. The conditions described above which affect the land in question, but not the zoning district generally cause a special and extraordinary hardship to the petitioner. The proposed use of the property is compatible with the surround- ing neighborhood; however, if a variance is not granted the petitioner's land will have no financial value.. ' vy'CO,cpgA`\ r o Ctg of �FSIem, FS�Sc�L�Lt°a2�tfi �T Plarb d, 1 ) ml DECEMBER 17, 1980 ll DECISION - PAGE T140 - CLAYTON V. SMITH - PIERCE ROAD Therefore, the Board of Zoning Appeals with Messrs. Hopper, Hacker, LaBrecque, and Feeherry voting in favor of granting the requested relief, and Mr. Piemonte voting against, grants a variance to the petitioners on the following terms and conditions: 1. Lots B, C, D and E shall be combined into a single lot for the construction of one single-family home. 2. All construction at the site shall be in accordance with the Order of Conditions issued by the Conservation Commission. 3. All construction shall be in accordance with the terms of the City Engineer's letter to the Board which letter will be maintained in the Board's files. 4. The single family home to be constructed at this site will be surrounded with an appropriate perimeter drain. 5. No construction shall be allowed unless, the petitioner applies for and is granted a variance from frontage requirements. GRANTED - WITH CONDITIONS Anthony M. Feelerry Secretary APPEAL FRO I THIS O-CMON; IF ATI, S!!r.LL DE .,,, E P .RS"A!`IT TO SECTION 17 OF THE c"FSS_ -,:SILT - QEfiERAL LnTi S. .: n! „ ,, ANlD SH:iL! :,: F! 71 ZJ C:P(s' AFTER THE DATE OF ALI'R6 OF Ti!is C°C!S'..•.. !`! iHE'D:FC_ OF (H_ CIT:' Ci_'n. ..... .... . Pu,._. it ��. ,. .f:•",. ,.. . .. ,._. . , ... ,. ._ ! . '1, f"•- r•.i!i a:_ C? S' ill_ i F?''IT OR NiAT, IF S­';' .r r.. P't,. u . OE:: FD . ..- i ... i' Ct - .;iD CT CL",._J IS - - RECCPJED IS ' ,_ S_'JH mly. \ -- t:C �.. 4 THENA:dE OF THE GIiNER OF RECORD ORISRECORDED AND NOTED Ci'! TSE C.W,'CR S UPEFICSfE OF TITLE. . - . BOARD OF APPEAL A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK BUILDING DEPT y� ( itu tlf ttl�ztt, tS�SMc zxsE## S Planning �nnrcl P 2 52 PH 780 (One alem ( rren RECEIYED CITY OF SALEM, VASS.' September 9 , 1980 SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICT MR. CLAYTON SMITH 47 BEACH AVENUE SWAMPSCOTT , MA. On Thursday, April 13, 1980, the Planning Board of the City of Salem held a Public hearing regarding the application of Mr. Clayton Smith, for a Special Permit under Section -P, Wetlands and Flood Hazard Districts, of the Salem Zoning Ordinance, with respect to building a one family house on Pierce Road, Salem, Massachusetts. At a regularly scheduled meeting of the Planning Board on September 4, 1980, the Board voted, by a vote of five in favor,'two opposed, to deny the application for the following reasons: 1. Attachment to the sewer system may further deteriorate the present system . 2. The driveway will be below the 100 yearfloodhazard level in places. This may create safety hazards to the occupant. I hereby certify that a copy of this decision has been filed with the City Clerk, and a copy is on file with the Planning Board. WALTER B. POWER III Chairman WBP:jar AMENDED ORDER OF CONDITIONS i FORM 4 Fllif 414dG C+ i'T ORDER OF CONDITIONS THIS ORDER OF CONDITIONS SUPERSEDES ANY PREVIOUS ORDER QP CONDITIONS WETLAND S PR0TECTI ON SNC 22 i t G.L. C. 131, s. 40 RfCEiV_q CITY OF S:1-EM,MASS, CITY/TOWN SALEM FILE NUMBER 64-60 TO: NAME Clayton W. Smith ADDRESS47 Beach Avenue- Swamncentt CERTIFIED MAIL NUMBER PROJECT LOCATION: Address Pierce Road Salem. Maaaa h tr Recorded at Registry of Essex G� o Book 5653 Page 743 — Certificate (if registered) \. REGARDING: Notice of Intent dated March 3, 1980 . and plans titled and dated"Site Plan prepared for Clayton Smith, Salem, Mass." dated 2/14/80 revised 2/29/80 THIS ORDER IS ISSUED ON (date) May 22, 1980 ------------------------------------------------------------------- Pursuant to the authority of G.L. c. 131, s. 40, the Salem Conservation Commission has reviewed your Notice of Intent and plans identified above, and has determined that the area on which the proposed work is to be done is significant to one or more of the interests listed in G.L. c. 131, s. 40. The hereby orders that the following conditions are necessary to protect said interests and all work shall be performed in strict accordance with them and with the Notice of Intent and plans identified above except where such plans are modified by said conditions. --------------------------------------------------------------------- CONDITIONS 1. Failure to comply with all conditions stated herein, and with- all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. -1- FORM 4 ORDER OF CONDITIONS CONTINUED - FILE NUMBER 64-60 - 2. This order does not grant any property rights or any exclu- sive 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 per- son of the necessity of complying with all other applicable federal, state or local statutes; ordinances, by-laws and/ or regulations. 4. The work authorized hereunder shall be completed within one (1) year from the date of this order unless it is for a maintenance dredging project subject to Section 5(9). The order may be extended by the issuing authority for one or more additional one-year periods upon application to the -said issuing authority at least thirty (30) days prior to the expiration date of the order or its extension. 5. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, includ- ing, without limiting the generality of the foregoing, lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 6. No work may be commenced untill all appeal periods have elapsed from the";order of the Conservation Commission or from a final order by the Department of Environmental Quality Engineering. 7. No work' shall be undertaken until the final order; with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located within the chain of title of the affected property. The. Document number indicating such recording shall be sub- mitted on the form at the end of this order to the issuer of this order prior to commencement of 'work. 8. A.sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words, "Massachusetts Department of Environmental Quality Engineering, Number 64-60 " 9. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a super- seding order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Depart- ment. -2- ORDER OF CONDITIONS CONTINUED FILE NO. 64-60 n 10. Upon completion of the work described herein, the applicant - shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satis- factorily completed. 1.1. The work shall conform to the following described plans and additional conditions. The Conservation Commission has determined that the proposed work is significant to storm damage prevention and therefore issued this order: 1. The structure shall be placed on site as shown on submitted drawings "Site Plan prepared for Clayton S. Smith, Salem, Mass.", prepared by Carter &Towers Engineering Corp. , Swampscott, Mass. , dated 2/14/80 revised 2/29/80. 2. The structure shall have no basement and the first floor elevation shall be at least 16 feet, mean low water. 3. There shall be no filling or removal of soil from the site. 4. This order allows for filling or excavation for the construction . of a driveway only in so far as it complies with a letter from Joseph Carter of Carter & Towers Engineering Corporation to,,tji petitioner-Clayton W. Smith, dated April 23, 1980. and an attached`..', 1\. drawing dated May 1, 1980 attached hereto and made a part hereof C t y I -3- ORDERS OF CONDITIONS –'continued v� s The applicant, any person aggrieved by this order, any owner , of land abutting the I-and upon which the proposed work is to be _ done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to appeal this order to the Department of Environmental Quality Engineering provided the request is made in writing and by certified mail to the Department within ten (1G0A)LEdays from the issuance of this order. - ISSUED BY CONSERVATION C0MMTS9Tnw , ' !q/ , On this 22nd day of May 980, efore me personally — appeared theaaho-vePPPYson= _ to me known to be the person described :in, and who executed, the foregoing "",WM,,rstrument and acknowledged that he executed the same as -his free act " \ i' rnZ•�deed. .� My Commission expires �1 10, DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO COMMENCEMENT OF WORK. TO (Issuing Authority) PLEASE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT FILE NUMBER , HAS BEEN RECORDED AT THE REGISTRY OF ON (DATE) If recorded land, the instrument number which identifies this trans- action is _ If registered land, the document number which identifies this trans- action is f Signed `- Applicant -4- ,A CARTLR & TOWERS ENGINEERING CORP. �7cckipP�d% T�a�,cneeLanr�� td. Joseph D Carter — v,p4ess,omi Fngmee, '6 FAIRVIEW AVENUE Reg;s:ered Land Surveyor SWAMPSCOTT. MASS 01907 ' Tel. 592-8386 April 23 , 1980 Mr. Clayton Smith 47 Beach Avenue Re : Pierce Rd. , Swampscott, Mass. 01907 Salem, Mass. Dear Clayton: I have reviewed :the above-captioned site and with particular attention to the proposed driveway, I see no problem associated with the construction slopes or grading of a bituminous drive. I think that everyone is under the impression that the drive= i way will be out on the uncut grass area. Lhe driveway will be entirely within the landscaped area that is being used by your neighbor. My suggestion for construction would be to excavate the organic material to the width of the driveway and replace it with compacted bank run gravel or Lynn Pac as a base, then pave the drive with 3z" bituminous concrete. The driveway elevation should run with the contour of the land so that you.w'ill not interfere with the existing overland runoff from your neighbor' s property. Very truly yours, JOSEPH D. CARTER JDC:amp CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING �,ARTER & TOWERS ENGINEERING CORP. �U`v'e�e', �auzeQ,Ga.zd� Joseph D Carter Professional Engineer 6 FAIRVIEW AVENUE Registered Land Surveyor -- -- _�MPSCOTT, MASS. 01907 �zZtZL - Tel. 592-8386 ' W � 4l ��foc0 1 4. LOA N @ 'L �@ 2A, 23 p - rnuanrEp >T."oTtia of �O G2ow�J� � -� 2rNE+2. .i�r TEs BEIt�J 4`G` 5 urs - w ene.2 .. \�-e- 30' �J�GT.owl �•— d� . - ���.: CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING FORM 4 !i;l til r ORDER OF CONDITIONS MAY t WETLANDS PROTECTION ACT 04pl;� �no G.L. C. 131, s. 40 0lTYOFSOFIA— l4SSU ------------------------------------------------------------------- CITY/TOWN SALEM FILE NUMBER 64-60 TO: NAME Clayton W. Smith ADDRESS ' 47 Beach Avenue, Swampscott CERTIFIED MAIL NUMBER PROJECT LOCATION: Address Pierce Road, Salem, Mass. Recorded at Registry of Essex So. Dist.Book 5653 , Page 743 Certificate (if registered) `.. REGARDING: Z. Notice of Intent dated March 3 1980 and plans titled and dated "Site Plan prepared for Clayton Smith, Salem, Mass'.' dated 2/14/80 revised 2/29/80 THIS ORDER IS ISSUED ON (date) May 8 1980 ------------------------------------------------------------------- Pursuant to the authority of G.L. c. 131, s. 40, the Salem Conservation Commission has reviewed your Notice of Intent and plans identified above, and has determined that the area on which the proposed work is to be done is significant to one or more of the interests listed in G.L. c. 131, s. 40. TheSalem Conservation Commission hereby orders that the following conditions are necessary to protect said interests and all work shall be performed in strict accordance with them and with the Notice of Intent and plans identified above except where such plans are modified by said conditions. ---------------------------------------------------------------------- CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. i -1- FORM 4 ORDER OF CONDITIONS CONTINUED FILE NU?MER 64-60 2. This order does not grant any property rights or any exclu- sive 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 per- son of the necessity of complying with all other applicable federal, state or local statutes; ordinances, by-laws and/ or regulations. 4. The work authorized hereunder shall be completed within one (1) year from the date of this order unless it is for a maintenance dredging project subject to Section 5(9). The order may be extended by the issuing authority for one or more additional one-year periods upon application to the said issuing authority at least thirty (30) days prior to the expiration date of the order or its extension. 5. .Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, includ- ing, without limiting the generality of the foregoing, lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. 6. No work may be commenced untill all appeal periods have elapsed from thecorder of the Conservation Commission or from a final order by the Department of Environmental Quality Engineering. 7. No work shall be undertaken until the final order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is . located within the chain of title of the affected property. The Document number indicating such recording shall be sub- mitted on the form at the end of this order to the issuer of this order prior to commencement of work'. 8. A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words, "Massachusetts Department of Environmental Quality Engineering, Number 64-60 " 9. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a super- seding order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Depart- ment. -2- JRDER OF CONDITIONS CONTINUED FILE NO. 64-60 10. Upon completion of the work described herein, the applicant shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satis- factorily completed. 11. The work shall conform to the following described plans and additional conditions. The Conservation Commission has determined that the proposed work is significant to storm damage prevention and therefore issued this order: 1. The structure shall be placed on site as shown on submitted drawings "Site Plan prepared. for Clayton Smith, Salem, Mass. "prepared by Carter & Towers Engineering Corp. , Swampscott, Dated 2/14/80 revised .2/29/80. 2. The structure shall have no basement. and the first floor elevation shall be at least 16 feet, mean low water. 3. There shall be no filling or removal of soil from the site. 4. This order does not allow filling or excavation for the construction of a driveway or road because the application contains no information on such construction. - 6 - -3- ORDERS OF CONDITIONS -'continued '1 e . The applicant, any person aggrieved bythisorder, any owner \\ of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to appeal this order to the Department of Environmental Quality Engineering provided the request is made in writing and by certified mail to the Department within ten (10) days from the issuance of this order. ISSUED BY SALEM CONSERVATION COMMISSION - — n1 q On this 8th day of May 1%0 , before me personally appeared the above Persons to me known to:be the person described in, and who executed, the foregoing instrument,and acknowledged that he executed the same as his free act and deed:_ My Commission expires --76 ZZ b DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO COMMENCEMENT OF WORK. TO (Issuing Authority) PLEASE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT FILE NUMBER , HAS BEEN RECORDED AT THE REGISTRY OF ON (DATE) _ If recorded land, the instrument number which identifies this trans.- action is _ If registered land, the document number which identifies this trans action is Signed Applicant -4- XON '<,. F,i.DILDING DEPT Conservation COMMIss1®n Salem, Massachusetts 01970 v Telephone} IPR .� hone (637) 745-5066 14A '00 RECEIVED CITY Of SGLEH,MASS, CITY OF SALEM CONSERVATION COMMISSION WETLANDS HEARING A continuation of a public hearing will be held as required by the Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request of Clayton W. Smith, 47 Beach Avenue, Swampscott, Massachusetts. The purpose of the hearing is to discuss the effects of construction of a single family dwelling at Pierce Road, Salem, Massachusetts. The hearing will be held on Thursday, April 24, 1980 on the third floor of One Salem Green at 8:15 p.m. V�t Brford Northru �� Chairman Conservation Commission BUILUIP.t. DEPF Salem, Massachusetts 01970 ' ` Celephone (6171 745-5056 N Aga 0 110,6 Afl '80 RECEIVED CITY OF S,5LEh1>MU$S. CITY OF SALEM CONSERVATION COMMISSION WETLANDS HEARING A public hearing will be held as required by the Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request of Clayton W. Smith, 47 Beach Avenue, Swampscott, Massachusetts. The purpose of the hearing is to discuss the effects of construction of a single family dwelling at Pierce Road, Salem, Massachusetts. The hearing will be held on Thursday, April 10, 1980 on the third floor of One Salem Green at 8:30 p.m. �iG� B ford North� rup /� Chairman C ti ltf �$alent, assacl U!51 A.M L, y1 T.`'� 1�1=11413 pearl s " // One `.9cai£m Gtepit REQUEST FOR REVIEW COMMENTS - SPECIAL PERMIT DATE: TO: Building Inspector - ( ) Conservation Commission ( ) City Engineer ( ) Other: ( ) Board of Health Attached please find the application referenced below. The Planning Board requests .that you review this. application relative to Section VII of the Zoning Ordinance. lie would appreciate your completing the form below and returning it to us. Notice of the public hearing for this application will be forwarded to you. ( 14ETLANDS & FLOOD HAZARD DISTRICTS ( ) CLUSTER DEVELOPMEENT • ( ) PLANNED UNIT DEVELOPMENT APPLICANT: GGiifh / / PROJECT NAME & ADRESS: —y�y�� —� Jls�•f� ��/ CONTACT PERSONS AND PHONE: Applicant: �) Sini.� - City: / COMMENTS DUE BY: (Failure to comment within 35 da shall be deemed lack of opposition.) ( ) Concur with proposal (Explain on reverse side) ( ) Need more information (Explain on reverse side) Cannot concur with proposal (Explain on reverse side) Comments included REVIEWER'S SIGNATURE TITLE DATE I would not be able to issue a building permit for this project since the property shown does not meet the definition for a "LOT" which requires frontage on a paved street (See Section 11B-24 of the Salem Zoning Ordinance) . • There may also be some foundation problems in this area due to soil conditions. • • \ \ CITY OF SALEM, MASSACHUSETTS _ .- APPLICATION RRC :iVf D — SPECIAL PERMIT rU ( J 1� PH 980 WETLANDS AND FLOOD HAZARD DISTRICTS CITY CLi M\ 6FFICE SALEM, MASS. Applicant: Clayton Smith City Clerk Stamp Address: 47 Beach Ave_ , Swamnsrntt, M-cc .. Telephone: 592-4627 Owner: Salem Acres, Inc. Address 71 Hancock St. , Everett, Mass. Location of Property: Lots B-E Pierce Rd. Project Description: Single family dwellinq I. It has been determined by the Building Inspector that the above property I lies in the following area(s) : A. Wetlands District Wetlands ( ) Buffer Zone ( X .) B. Flood Hazard District None Zone A ( ) Zone A3 Zone V3 ( ) II. Information required includes this application and the following additional information (file one copy of everything with the City Clerk and five copies with the Planning Board ; all copies must be stamped by the City Clerk) : A. A site plan at a scale of 1" equals 20' prepared by a registered land surveyor or registered professional engineer and showing at least the following: 1. Lot lines within which the development is proposed and the tie- in to the nearest road intersection; 2. The location, boundaries, and dimensions of each lot in question; 3. Two-foot contours of the existing and proposed land surface; 4. Location of existing and proposed structures, water-courses, drainage and drainage easements, means of access, utilities, and sewer disposal facilities including leaching fields, if any. Proposed elevations should be noted. 5. Boundaries of all districts, areas and zones as noted in Section I. -2- B. In the Wetlands District, a determination by a qualified engineer of the seasonal high water table, performed during the last two weeks of March or the first three weeks of April. A minimum of two percolation tests for each leaching area shall be performed. _ C. In cases of flood-proofing or pile construction, certification by a registered professional engineer or architect as to the elevation of flood-proofing measures and as to compliance with the applicable sections of the Massachusetts State Building Code concerned with flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood. Where specific methods or techniques have been -previously certi- fied, the Planning Board may waive this requirement. D. A list of Federal, State, and other local permits required by the applicant. E. Descriptions relative'to all conditions applicable in Section III below. III. Conditions (Complete those sections indicated (x) by the Building Inspector) In the Wetlands and Flood Hazard Districts no structure or building, including pipes and wells, shall be erected, constructed, substantially improved, enlarged, or otherwise created or moved,, no area shall be paved; no earth or other material shall be stored, dumped, used as fill, excavated, or transferred; and no sediment shall be caused to be discharged from or onto a wetland, unless all the following condi- tions are found to exist as part of the granting of a Special Permit by the Planning Board (Use additional pages if necessary) : A. All Districts: (X) 1. The proposed use will comply in all respects to the uses and provisions of the underlying District in which the land is located. Yes X No (X) 2. There is adequate convenience and safety of vehicular and pedes- trian movement within the site, and in relation to adjacent streets and property, particularly in the event of flooding of the lot(s) or adjacent lot(s) caused by either overspill from water bodies or high runoff. All roadways, drives, and basement floor will be constructed above elev. 11.00 M.S.L. 100 year flood elevation. -3- (X) 3. Utilities, including gas, electrictity, fuel, water, and sewage disposal, shall be located and constructed so as to protect against breaking, leaking, shortcircuiting, grounding or igniting or any other damage due to flooding. (Provide details) All utilities will be- installed by licensed personnel and shall be installed in accordance with all regulations. (X) 4. The cumulative effect of the proposed development or use, when combined with all other existing and anticipated development and uses will not obstruct or divert flood flow; substantially reduce natural flood-water storage capacity in the local drainage area; destroy valuable habitat for wildlife including fisheries or shellfisheries; adversely affect groundwater resources or increase storm water run-off velocity so that water levels on other land are substantially raised or the danger from flooding increased. Plan shrews Rnnnnrtivn iintn to al,hstan+; aFo no AffA i; B. Wetlands District: ( ) 1. ,The proposed development or use shall not include the storage of salt, chemicals,. petroleum products or other contaminating substances or discharge of any polluting liquids or materials into streams, brooks or wetlands. (The polluting effects of substances on the Wetlands are to be gauged by the "Rules and Regulations for the Establishment of Minimum Water Quality Standards and for the Protection of the Quality and Value of Water Resources" of the Commonwealth of Massachusetts. ) -4- (}� 2. The floor level of areas to be occupied by human beings as living or work space shall be four (4) feet or more above the seasonal high water table. mss - Basement floor will bP af 71 04 , fi=fiEW First floor will be at elev_ 20.0 M.L.W. (}Q 3. If the basement floor level is below the seasonal high water table and affords the possibility of human occupancy at some future date, although not originally intended, adequate perimeter drainage and foundation shall be-installed to with- stand the effect of pressure and seepage. Furnace and utilities are to be protected from the effects of leaching. (Provide details) Applies ( ) Does not Apply ( X ) (X) 4. If the lot is to be served by an on lot septic system, the leaching area designed for use, as well as a reserved area jfor future expansion or total future use, shall be plotted with dimensions on the site plan, and the leaching areas shall not be constructed where the seasonal high water table is less than 4 feet below the bottom of the leaching areas. Applies ( ) See site plan r Does not apply (X ) C. Flood Hazard District (all zones) : f (X) 1.. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for residential uses shall be at or above the 100 year flood level. I Above the 100 year flood level elev. 11.00 M.L.W. Basement Floor = 11.04 M.L.W. I (X) 2. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for non- residential uses shall be at or above the 100 year flood level or the structures shall be flood-proofed to that level in compliance with the applicable requirements of the Massachusetts State Building Code. Flood-proofing measures shall insure that the structure is watertight and that structural components f have the capability of resisting hydrostatic and hydrodynamic loads and the effects of bouyancy. -5- D. Flood Hazard District, Coastal High Hazard Area (Zone V3) : ( ) 1. New structures or substantial improvements shall be located landward of the reach of Mean High Tide. ( ) 2. New structures or substantial improvements shall be elevated on adequately anchored pilings or columns, and securely anchored to such pilings or columns so that the lowest portion of the structural members of the lowest floor (ex- cluding the pilings or columns) is elevated to or above the 100 year flood level. Space below the lowest floor shall be free of fixed obstruction. (Provide details) ( ) 3. The support of new structures or substantial improvements shall not be, in whole or in part, by the use of fill. (Provide details) IV. Procedure The Planning Board shall, within 7 days after the filing of this application, transmit one copy of said application, plans and all other submitted information to the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission who may, at their discretion, investigate the application and report in writing their recommendation to the Planning Board. The Planning Board shall not take final action on such application until it has received a report thereon from the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission or until thirty-five (35) days have elapsed after dis- tribution of such application without a submission of a report. The Planning Board Shall hold a Public Hearing on said application as soon as possible after receiving the above reports, in accordance with . Chapter 40A of the Massachusetts General Laws. .The Planning Board shall notify the applicant in writing of its decision on the special permit. The decision shall document the proposed development or use and the grounds for granting or refusing the special permit. The -6- Planning Board may, as a condition of approval, require that the appli- cant give effective notice to prospective purchasers, by signs or by recording the special permit at the Registry of Deeds, of the wet- land or flood hazard conditions associated with said premises and the_ steps undertaken by the petitioner or his successor in title to alleviate the effects of same. Signed (if/ Title Date . S. .�__•. moi 7S rc \h ' '.h� I sk bur lb 211, J �? I= A 0 ,Z791 T 0ssc -34' Elk .. 'f' "�F P27Sc, v _ _ _- d �/d \ ` - 481.1��� \ \ T. � - �♦ ..VCi Z I \ ilk AV . d \ - \ •s & tS z o e \ 5 1 ?, rr �e� �a�P�� �� a/F'y JOSEPH t DAVID _ BU C H A N q v/ CARTE ,;, N y eIsreaF.J�/ � . • r �\ N� SURVby/ �� aJ1 e� f Oe N \ _ Site Plan ". Prepared for C, ayton Smith Sl; \ N fl Salem, Mass. - Scale: 1"=40 ' 2/14/80 — Rav • 2129�So �/ u\. \ Carter & Towers I:n�ineering Corp. , SwarinscoMass. , 1 \ ZONE A3 LEL 11 ' 3/1517777 PW5 xRM6 ZONE B v IiMaR / � ! y�Aa�B b "s x� ZONE C y / ,r. RM2 ' %aa _J / 9 I �r C zONEB �i ��� KEY TO SYMBOLS --- // 1.,y - - , ZONE 8. ZONE DESIGNATIONS•WITH DATE OF IDENTIFICAT ION ie.,12/2/74 =v zow B' Base Flood Elevation Line with elevation in feet 513 Base Flood Elevation where uniform within zone (EL 987'MSLI Elevation Reference Mark RM7 x if R River Mile • M1.5 'EXPLANATION OF ZONE DESIGNATIONS / A flood Insurance map dlaphlys the zone assignations for A communhy / according to ossa of designated flood hazards. Th. .ons dnignnlon. / � \ used by FIA ars: ' / Zone E aplenetion A Areas of 100 Year flood;be.flood Nevetiom and / \ flood hazard factor.not det ermined. AO At.of 100yearshallow flooding,flood depth I \ to 3 feat; product of flood depth Otani and Ya1000(feet Per.cona) an than 15. Al A30 Aran of 100 Year flootl, base flood elevations and 1 flood hazard 1.11911 determined. A99 AIN.of 100 Year flood to be Protected by•flood " + ZONE C Protection system under construction: be. OPod \ / alevn1cl and flood hazard factor. nnn \ etermined, ZONE B d � I , B Ara. between limits of 100 Yor flood .nil J41a /, 500-Yae1 flood;.,a..at IOOrynr mallow flooding s , when deaths Iw than 1 loot. i C Are,ouNld.500 Year flood. OD Aron of undonrmined, but PONihla, IloOd V ArNs of 1O0-Y..,coastal flood with va ot.,,Iwwa factor.: boa\ floodelevations and flood nuern facfactor.ctonot determined. OP/ VO Aran of 100 .at .hallow flooding with velocity, O / node e.pm 1 to 3 feet: product of doom Oee5 and velocity Ila .condi condi more than 15., V1V30 Arae off 1010 Year coaatel flood with velocity(wave / actlonl; be. flood elevetioM and floda heard / factor.determined,/ CONSULT NFIA SERVICING NO COCOMPANY OR LOCAL INSURANCE AGENT OR BROKER TO DETERMINE IF PROPERTIES IN THIS / COMMUNITY ARE ELIGIBLE FOR FLOOD INSURANCE. INITIAL IDENTIFICATION DATE. JULY 26, 1974 CONVERSION TO REGULAR PROGRAM: MARCH t5. 1977 APPROXIMATE SCALE IN FEET 500 0 500 ' 'na�+NMM1Tia' 1� 7 ug�"RS.:r ryp, tdf .. .� YMj'Ia+ .moi ..� •.er.. Y...,ree t sa .yMYC'•. h .....