1-3 COLBY STREET - ZONING i
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HospitalI-j Colby St
SaleM
Attorney John Serafinii,
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WSP - COLBy STREET
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DECISION
SPECIAL PERMIT
WETLANDS AND FLOOD HAZARD SPECIAL PERMIT
1-3 COLBY STREET
SALEM, MA 01970
RE; 1-3 COLBY STREET
On Thursday, December 17 , 1992, the Planning Board of the City
of Salem held a public. hearing regarding the application of Salem
Hospital for a Special Permit under Section 7-16, Wetlands and
Flood Hazard Districts of the Salem Zoning Ordinance, with respect
to the construction of an 125 ft . x 48 ft. building for a childcare
facility and associated work within a Resource Area and Buffer Zone
at 1-3 Colby Street.
At a regular meeting of the Planning Board held on Thursday,
April 7 , 1994, the Board voted by a vote of seven (7 ) in favor ,
none opposed, to approve the application as complying with the
requirements of a Special Permit, subject to conditions .
1 . CONFORMANCE WITH PLAN
Work shall conform to the plan entitled "Site Plan of
Land in Salem, Mass" prepared by Scholfield Brothers,
Inc. , date March 12, 1992 revised through April 29, 1994 .
2 . DEPARTMENT OF ENVIRONMENTAL PROTECTION
Work shall conform with all requirements of a Superseding
Order of Conditions issued by the Department of
Environmental Protection on December 31, 1993 - DEP file
#64-202 .
3 . BOARD OF HEALTH
Board of Health requirements set forth in a letter dated
January 13, 1993, shall be strictly adhered to.
4 . CONSTRUCTION PRACTICES
All construction shall be conducted in accordance with
the following conditions :
a. No work shall commence before 8: 00 a.m. on weekdays
and 8: 00 a.m. on Saturdays. No work shall continue
beyond 5:00 p.m. There shall be no work conducted on
Sundays or holidays. Inside work of a quiet nature may
be permitted at other times.
b. All reasonable action shall be taken to minimize the
negative effects -of construction-on a utters.- Advance
notice shall be provided to all abutters in writing at
least 72 hours prior to commencement of construction.
C. All construction vehicles shall be cleaned prior to
leaving the site so that they do not leave dirt and/or
debris on roadways as they leave the site.
d. All construction shall be performed in accordance
with the applicable Rules and Regulations of the Planning
Board, and - in accordance with any and all applicable
rules, regulations and ordinances of the City of Salem.
5 . LANDSCAPING
a. After all project landscaping is completed, and prior
to the issuance of a Certificate of Occupancy, the
developer will be .required to add further landscaping on
the site if such is required by the Planning Board or
City Planner.
b. Maintenance of all landscaping shall be the
responsibility of the developer, his successors or
assigns .
I
C. The children' s play area shall be screened and
landscaped in such a manner as to buffer the sound of the
play area from nearby abutters. The applicant must
comply with all applicable local, state or federal
regulations regarding screening material.
6 . TESTING OF MATERIALS
A geotechnical testing company, approved in writing by
the Planning Department, shall conduct random testing for
hazardous material at the direction of the Clerk of the
Works, of soils excavated at the site. This testing
shall be funded by the applicant . The results of the
tests must be submitted to the Planning ;Department and
the Board of Health as may be required by the Planning
Department .
7 . WATER QUALITY TESTS
The applicant shall submit to the Planning Board and the
Board of Health pre- and post-construction water quality
tests. Post-construction water quality tests shall be
conducted by the applicant, annually for three years. If
post-construction water quality tests standards deviate
from pre-construction water quality test, the applicant
is required to determine the action necessary for the
City to return the water quality to standards
satisfactory to the Board.
8. STORM WATER PEAK FLOW
The discharge of water from the pond from the existing
elevation 78, Salem City base, shall take place,
following the completion and the utilization of the new
drainage system on Greenway Road, at a time when there is
a period of little or no rain and at a rate of discharge
predetermined and approved in writing by the Director of
Public Services to eliminate the magnitude of water surge
downstream. Written notification of the proposed
discharge time must be submitted to the Director of
Public Services, the Planning Department and the three
Designated Representatives of abutters within 48 hours
prior to the discharge of water . The City of Salem' s
Clerk of the Works shall be maintained on site to view
the release of water until the pond has reached its
ultimate level.
9 . UTILITIES
Ut—il y-installation shall be reviewed and approved by
the Director of Public Services.
10 . LIGHTING
All exterior lighting shall be installed and maintained
in such a way so as not to reflect or cause glare on
abutting or facing residential premises, or which
adversely affect safe vision of operators of vehicles
moving on nearby street. Lighting shall be reviewed and
approved by the City Planner prior to issuance of a
Certificate of Occupancy.
11 . SIGNAGE
a.�gnage for the building shall be reviewed and
approved by the City Planner prior to issuance of a
Certificate of Occupancy.
b. Free standing signage and pavement markings,
directing pedestrians to the childcare facility, shall be
reviewed and approved by the City Planner prior to the
issuance of a Certificate of Occupancy.
12. MAINTENANCE
a. The applicant must employ an acceptable method or
means for the holding and disposal of trash ( rubbish)
after site development with a copy of this method sent to
the Planning Department and Health Department in writing
for their approval prior to the issuance of a Certificate
of Occupancy.
b. Refuse removal, ground maintenance and snow removal
shall be the responsibility of the developer, his
successors or assigns.
13. EMPLOYEE PARKING
a. Parking of employees of the childcare facility shall
be monitored for a period of sixty days after operation
of the childcare facility begins and substantial
enrollment (75 students) at the center has been obtained,
with a view toward determining employee parking patterns
and whether or not spaces set aside for employees are in
fact inadequate. The applicant will keep a daily log
during the sixty day period. The Planning Department
will review with on site supervision during the peak
hours to verify the parking lot capacity. At the end of
the sixty day period the applicant will meet with the
Planning Board to determine if any changes in employee
parking patterns is required.
b. The Planning Board in its discretion may require as
a condition of this Special Permit that employees of the
childcare facility shall park at Salem Hospital at 81
Highland Avenue and be shuttled to the childcare facility
located at 1-3 Colby Street. In this event, no employee
shall be allowed to park at the childcare facility
exclusive of any handicapped employees. Alternatively,
the Planning Board may determine that employee parking
shall be permitted at the facility. In this event, all
employee parking exclusive of handicapped employee
parking shall be restricted to the western end of the
parking lot and this restriction will be indicated on the
plan.
14. ENROLLMENT AT CHILDCARE FACILITY
Enrollment at the childcare facility shall not exceed 100
students at any time.
15 . NEW DRAINAGE SYSTEM
Prior to the issuance of a Certificate of Occupancy, the
applicant must receive written approval from the
Department of Public Services that the new drainage
system on Greenway Road and the drainage system of the
childcare facility are functioning properly.
16 . NEW GREENWAY ROAD DRAINAGE SYSTEM
The City of Salem has agreed to design and construct a
new drainage system on Greenway Road. The applicant will
provide $15,000 to the Planning Board to utilize for this
drainage system. . These funds will be utilized as the
Board deems necessary to assist in designing the
improvements to the existing drainage system.
17 . CONSERVATION AREA
The applicant shall, upon issuance of a Certificate of
Occupancy, meet with City of Salem officials in the
Planning Department, Engineering Department and
Conservation Commission to determine the most appropriate
way to transfer control of the pond area as defined on
plan. It is the intent of this condition that the area
of the pond, a walking area around the entire pond, and
the area north of the parking lot to the property line on
Colby Street be reserved for conservation purposes and
that the areas not be built upon.
18 . AMENDMENTS
Any amendments to the site plan shall require the
approval of a majority of the Planning Board.
19 . VIOLATIONS
Violations of any condition shall result in the
revocation of this approval by the Planning Board.
20 . CITY PLANNER AND CITY ENGINEER APPROVAL
The City Engineer and the City Planner shall provide
written approval that the Plan entitled "Site Plan of
Land in Salem, Mass" revised April 29, 1994 meets the
requirements of this Decision.
This Special Permit shall not take effect until a copy of the
decision bearing the certification of the City Clerk that twenty
days have elapsed and no appeal has been filed or that if such
appeal has been filed, and it has been dismissed or denied, is
recorded in the Essex County Registry of Deeds and is indexed in
the grantor index under the name of the owner of record or is
recorded and noted on the owner ' s certificate of title. The fee
for recording or registering shall be paid by the owner or
applicant .
Walter B. Power , IIj�
Chairman
EX\DH\COLBYST.COND
Commonwealth of Massachusetts
Executive Office of Environmental Affairs
4'�����
Department of
Environmental Protection JAN 0 4 1994
William F. Weldowmo,
G � r s eliiim�frig Dept.
Daniel S.Greenbaum
commisiomy
OEC 3 1 g .
In the Matter of:
SALEM HOSPITAL Docket No. 92-162
File No. 64-202
Salem
FINAL DECISION
This case arises under the Wetlands Protection Act,
G.L. c. 131, sec. 40. The Department of Environmental Protection
("department") issued Salem Hospital ("applicant") a Superseding
Order of Conditions. It allows construction of a day care
building, outdoor play area and parking lot within the hundred
foot buffer zone of a bordering vegetated wetland. It also
allows the installation of a drainage pipe and rip rap on the
bank of a pond. The Petitioners are an abutter, 100 Highland
Avenue Trust, and a group of nearby residents. Dr. Patrick
Curtin represents both petitioners. On November 30, 1993 , at the
start of the adjudicatory hearing, I ruled that the applicant and
the department were entitled to summary decision on all the ,
issues in this case. This final decision explains, memorializes
and implements that ruling.
ANALYSIS
A month before the hearing, the parties filed their direct
testimony in writing, under 310 CMR 1. 01 (8) (f) , and motions for
One Winter Street • Boston, Massachusetts 02108 0 FAX(617) 556.1049 0 Telephone(617)292-5500
summary decision under 310 CMR 1. 01(7) (f) . As I had directed,
the parties used the same set of documents to both support their
motions for summary decision and serve as their pre-filed direct
testimony. The Department's witness and the Applicant's two
witnesses provided expert opinions on the two issues in the case.
All three said that the project as conditioned meets the
performance standards of the Wetlands Regulations. Additionally,
they all said that the proposed twenty-four inch drainage pipe--
to be installed outside of any resource area or buffer zone--
would be adequate to carry storm water runoff from the project
site. After considering these documents, I concluded that they
were evidence of the type admissible in Massachusetts courts.
Additionally, after reviewing the entire record, I concluded
that the documents, unless successfully challenged, would
eliminate the remaining issues. Thus, unless the petitioners
could show the existence of a genuine issue of material fact the
motions for summary decision would have to be granted.
The only evidence in the record that possibly raises a
genuine issues of material fact is a letter submitted by the
petitioners as the pre-filed direct testimony of their eleventh
witness. The letter is signed by a graduate student in
'The testimony is offered subject to the penalties of perjury.
Additionally, the witnesses are competent to offer expert opinions
on the issues in this case.
2The pre-filed direct testimony (with attachments) of ten
residents and owners of property near the site submitted by the
petitioners do not raise genuine issues of material fact. Some of
the testimony does not bear on the remaining Iissues in the case.
The rest is opinion testimony of lay witnesses and is not
admissible in Massachusetts courts.
3
environmental science and is addressed to the petitioners'
representative. It says "This proposed project would further
degrade water quality in the pond, diminish existing wetlands and
their functional values. . . " . The letter has shortcomings3. For
purposes of this decision, the most important shortcoming is that
it was not written subject to the penalties of perjury.
Testimonial evidence offered to support or oppose a motion for
summary decision must be given subject to the penalties of
perjury.4 Had this rule ,been applied strictly in this case, the
contents of the letter would not have been considered and the
department's and the applicant's motions for summary decision
would have been granted before the hearing.
However, in this case, the rule was not applied. This is
because the letter from the graduate student was submitted for
two purposes. It was part of petitioners' opposition to the
department's and applicant's motions for summary decision and it
was the pre-filed direct testimony of. one of the petitioners'
witnesses. In the past, parties have submitted pre-filed
testimony that was not given subject to the penalties of perjury.
These parties read the controlling regulation, 310 CMR
3The letter does not establish that the author possesses the
qualifications or familiarity with the site and the project that
would allow his opinion to be accepted as evidence and considered
in ruling on a summary decision motion.
4Testimony is usually presented in affidavits and it may also
be presented at a hearing on a motion for summary decision. In
this case, none of the parties asked for a hearing.
4
1. 01 (8) (f)5, as allowing a witness to wait until adopting his or
her pre-filed testimony at hearing to acknowledge that the
testimony is given under the penalties of perjury. The
consequences of this error have usually not been severe.
Witnesses have been allowed in some circumstances to correct the
error and acknowledge for the first time at the hearing that
their pre-filed testimony is given subject to the penalties of
perjury. In this case I had directed the parties to file only
one set of documents that would serve as both evidence to support
and oppose the summary decision motions and as pre-filed direct
testimony. I required the parties to use one set of documents
for two different purposes. Petitioners' representative, who is
not a lawyer, might well have determined that he could wait until
the hearing to have his witness both adopt his pre-filed
testimony and acknowledge that it was given under the penalties
of perjury. Under these circumstances, the fairest approach was
5Prefiled Direct Testimony.
The agency or Presiding Officer may, on its own motion
or on motion of any Party, order all Parties to file
within a reasonable time in advance of the hearing on the
merits the full written text of the testimony of their
witnesses on direct examination, including exhibits to be
offered in evidence. The Agency or presiding officer may
also require the filing of written rebuttal testimony
within a reasonable time after the filing of direct
testimony as .described in the preceding sentence. All
testimony filed pursuant to this rule shall be subject to
the penalties of perjury. All witnesses whose testimony
is filed pursuant to this rule shall appear at the
hearing on the merits and be available for cross-
examination. If a witness is not available for cross-
examination at the hearing on the merits, the written
testimony of said witness shall be excluded from the
record unless the Parties agree otherwise.
5
to P g on put off ruling the department's and aPP applicant's motions for
summary decision until the hearing on the merits, where the
graduate student could acknowledge that his testimony was given
under the penalties of perjury.
At the start of the hearing, I asked petitioners (who had
the burden of going forward) if the graduate student was
available. Petitioners' representative said that the student
told him he was taking an examination and would try to come to
the hearing later. The department and the applicant renewed
their motions to dismiss and stated their objection to any
further delay. I determined that fairness now required that the
applicant's and the department's motions for summary decision be
granted forthwith. Accordingly, I announced that the motions
were granted and there was no reason for the hearing to go
forward.
RULING
There are no genuine issues of material fact and the
department and the applicant are entitled to a decision in their
favor as a matter of law. Accordingly, the department's and the
applicant's motions for summary decision are GRANTED.
ORDER
Petitioners' claim for an adjudicatory hearing is DISMISSED.
The project may go forward in accordance with the attached Final
Order of Conditions.
REQUESTS FOR RECONSIDERATION AND RIGHT TO APPEAL TO COURT
The parties have the right to move for reconsideration
6
under 310 CMR 1. 01 (lo) (p) , by filing a motion with the Docket
Clerk and served on all other parties within ten calendar days of
the postmark date of this decision. The party must state the
factual grounds and legal provisions it relies on to support its
motion. The parties may appeal this decision to Superior Court,
under G.L. c. 30A, sec. 14 (1) . The complaint must be filed in
the Court within thirty days of receipt of this decision.
'fir-----------------
FRANCIS X. NEE
ADMINISTRATIVE LAW JUDGE
I adopt this Decision as my Final Decision.
- --------------------
DANIEL S. GREENBAUM
COMMISSIONER
310 CHR 10.99 DEF"Nn 64-202
(1'o be provided by DEP)
Form S
6ry/ron SALEM.
Appliaat SAT.FM HOSPITAL
commonveal th
of Xassachusetts FINAL
Order of Conditions
Massachuetts Wetlands Protection Act
G.L. c. 131, $40
From Department of Environmental Protection Issuing Authority
To RATFM uncPTTAT .(DONALD DIPANFILO) SAME
(Name of Applicant) (Name of property owner)
Address 81 HIGHLAND AVE, SALEM, MA Address
This order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
❑ by certified mail, return receipt requested on (date)
This project is located atm—Rn r.(l1.RV ST_ A9SF.9S(1R+,9 MAP 1A 101 128110.1 -6.,&&1
The property is recorded at the Registry of SOUTH ESSEX
Book 8361 Page 212
certificate (if registered)
The Notice of Intent for this project was filed on 3/13/92 (date)
The public hearing was closed on May 14, 1992 (date)
Findings
The n, t rrmonr � has reviewed the above referenced Notice of Intent and plans and has
held a public hearing on the project.. Based on the information available to the Depa rtment at this
time, the D&partmaor has determined that the area on which the proposed work is to be done is
significant to the following interests in accordance with the Presumptions of Significance set forth in the
regulations for each Area Subject to Protection Under the Act (check as appropriate):
Public water supplyFlood Control lard containing shellfish
Private water supply '$¢'y�1 Storm damage prevention fisheries
Grand water supply i.a Prevention of pollution Protection of wildlife Habitat,
Total Filing Fee Submitted t5 5.00 State Share
(1/2 fee in excess of S25)
city/Town Share
Total Refund Due S City/Town Portion S State Portion$
(1/2 total) (1/2 total)
Effective 11/10/89 5-1
Therelare,Ina Depa'nme.^.t hereby finds that iris Ioliowmp conditions are
necessary, In a=ccrcance with Ina Performance Staneards set torr Rf the regulations, to Prole-those inter-
ests enecned above.The Depar-meat orders trtat all work shall be DerlOrmeC
in accordance wim said conditions and with the Notice of Intent referenced above.TO the extent that Ina tol-
lowing conditions madity or d!fler tram Ina pians, Soeaillcations or Other prODOsals suomme0 war;:ne Notice
Of Intent. Ina conditions shall control.
General Conditions
1. Faiiure to combiv with all conditions stated herein, and with all related statutes and other repwalory meas'
ures, shall be Deemed cause to revoke or modify this Orae,.
Z. This Orcer does not grant any Ord Derry rignts Or any exclusive privileges: It does not authorize any injury
to Dnvate Drooerty Or invasion of private rights.
This Order does not relieve the Dermitlee or any other person of the nece55I of complying with all
other aoaiicaDie federal, state or local statutes, ordinances.by-laws or regulations.
4. The work authorized hereunder shall be combleted within three yeas Tram the date of this Order unless
either of the following apply.
(a) Ina work,is a maintenance oreopmg Droje=t as Drovided for in the Ac': or
(b) the time for=omvetion has been extended to a sDeciflec nate more than three years, but less than
five years, from the date of issuance 2nd nota that tate and the speck!Circumstances warrantlnc
the extended time Denoc are se:forth in this Order.
5. This Order may be extended by the issuing authonryfor one or more Denods of unto three years ee=h
upon acollcanon to the issuine autnonry at Ipas:30 cays ono.to the expiration tate a', the Oroer.
5. Any fill used in connection with this Droien:shall be clean fill, cortaininc no oash, refuse. ru=blsh or be-
MS. inciudinc out not limiled to lumber, bh=Ks, Diaster, wire, Ia:r., Pape:, cW=Ddar d, c;cE, tires, ashes,
reincera ors, motor veniclesa cars of any a::ae foregoing.
S. No work snall be urceeaken-until all aoministrative appeal Denocs from this Oroer have elapsed tar, if --
su=n an appeal has Dean filed, until all Droceedinps before the Deca'rment rave been ccmolete C.
E. No work,seal!be unOer:aken until the Fina!O.oer has been re=omed in the nepis:ry o: Deeps or the :.and
OU.- r
'o "he ds:.C: in which the lane is located,within the chain of title 0:me affezted Drcverty. In me
case of recomed land. Inc Final Oroer shaJi a:so be noted in the necatry's G2htor lnoex under ine name
of the owner of ine lard upon which the nrccosec work is to be acne. in ine case of remsiered lane, the
-nal Orce' seal:as=Oe note.- o., Ina :and Cour der-ificate o:Tine of me owner c7 ine lata= upon wn:cn
tae orc=psec work,is fc be dine. Tne re=ortinr info..r:nation shall be su=mihec to tae
On the for-a:ine end c:this Order prix to arnmencemeni of me work,.
9. A sicn shall be disalaved at the site not less than two souare feet D.more than three square feet in stze
beannc Ina worcz, 'td,a-sa=nuse^.s Department of Environmental Protecion,
Mile Number r4-')r%-
1 C. Where me De=a^men: of Environmer;a) ?rote+ion is reouested to make a determination and to issue
a Suaersedino Oroer, ine Conservation Commission shall be a carry to all agency proneecincs and
hearinos beiore the DBpa:mer:L
1 1. Unzn comDietion of fhe work OeswiDed herein, Ina apDlican.: sraf!lc';hwim recces: in wntinc that a
Certificate of Comoiiance be issued stating Ina:Ina work has Dean sans2Ctonly=omDleled.
- :2.Tne work shall conform to ine following Plans and special conditions:
5.2
Plans:
Title Dated S:pnec and Stamped Dy: On Fire witm:
PLEASE SEE ATTACHED
Special Conditions(use.additional pacer It necessary)
PLEASE SEE ATTACHED
.........................................................................................................................................................................
(Leave Soave Bu K)
5-33
DEP FILE #64-202
SPECIAL CONDITIONS
12 . The work shall conform to the following plans, documents and
special conditions, except as they may be modified elsewhere
in this order and\or by the later-dated plans, etc. referenced
below in this condition:
The March 13 , 1992 (postmark) project notice of intent,
attachments and accompanying documents, including the project
plan, three sheets, "Site Plan of Land In Salem, Mass. " ,
stamped by Bruce L. Ey on March 12 , 1992, and Attachment 1,
"Stormwater Runoff, Drainage Design and Wetlands Assessment
for the Proposed Day Care Facility at Colby Street, Salem,
MA, " dated March 12, 1992 by Schofield Brothers, Inc. ;
the above attachment as it is revised by "Revised
Drainage and Stormwater Runoff Computations for proposed
Alternative Layout Three, " stamped by Bruce L. Ey on September
23 , 1992 ; and
the above "plan" , as revised through to October 31, 1992
and signed by Bruce L. Ey on October 30, 1992 , said revisions
indicating that all catchbasin flow will be directed to the
existing 24" pipe headwall (said headwall to be modified as
described) behind 100 Highland Avenue, and approximately 6, 500
sq. feet of the described "playground area" to be added to the
pond ' s watershed.
13 . No work shall commence on-site until all appeal periods have
elapsed and this Superseding Order of Conditions has been
recorded with the registry of deeds and the Department
formally notified via the form provided at the end of this
order.
14 . Any change (s) made in the plans, etc. referenced in
condition 12 which will alter an Area Subject to
Protection Under the Wetlands Protection Act, or any
change(s) in activity subject to regulation under M.G.L.
f
Chapter 131, Section 40, shall require the applicant to
inquire of the Department, in writing, as to whether the
change(s) is significant enough to require the filing of
a new notice of intent. A copy of said request shall at
the same time be sent to the Conservation Commission.
15 . The applicant shall notify the Department and the
Conservation Commission in writing, 48 hours before any
further or new activity commences on site.
16. It shall be the responsibility of the applicant to maintain
all trash racks, pipes, sumps, etc. on the property in
reasonable condition, so as not to cause water quality or
quantity effects.
17. Any material excavated or otherwise uncovered during
construction of this project which is or appears to be
hazardous material as defined in MGL Ch. 21E shall immediately
be, in writing, brought to the attention of the Department and
the Salem Conservation Commission.
18 . The site as. identified in the project plans shall be
maintained in a clean and orderly condition. Refuse, debris
and waste materials shall not be placed within any resource
area under any circumstance, and shall be disposed of promptly
and properly. All construction refuse, debris and waste
materials shall be removed from the site upon completion of
the construction activities.
19 . Upon completion of the project and prior to or with any
request for a Certificate of Compliance, an As-Built plan
shall be submitted for the Department' s approval .
20. Eauipment 'shall be stored in a manner and location which will
minimize potential environmental impacts. Fuel storage and the
refueling of vehicles shall be conducted outside of the buffer
zone in an upland location at a horizontal distance greater
than 100 feet from the boundaries of the wetlands .
21 . This Order of Conditions supersedes all prior orders
under DEP File `64-202.
22 . This order applies only to those activities described in
the notice of intent for DEP file ;64-202 and may not be
construed as approving any other activities which could
affect an interest subject to the jurisdiction of the
Wetlands Protection Act.
23 . Members and agents of the Conservation Commission and the.,
Department shall have the right to enter and inspect the
premises to evaluate compliance with conditions stated in
this Superseding Order. The applicant shall submit any
data the Department deems necessary for that evaluation.
f
24. This Order shall apply to all successors or assigns in
interest or control and any other party engaging in activity
on the property identified in the Notice of Intent.
25. A copy of this Superseding Order of Conditions, as well as the
plans referenced in condition 12, shall be on site and shall
remain there while activities regulated by this Order are
being performed. The copies of said documents shall be
accessible to all contractors and subcontractors.
26. The attached cover letter is hereby and severally made a part
of this order of conditions, and shall be recorded at the
Registry of Deeds together with that order.
27. The work shall not be considered to be in conformity with
requirements of Special Condition No. 12 until such time as
the existing drainage system located on the adjacent property
at 100 Highland Avenue is connected by means of, at a minimum,
a twenty-four (24) inch diameter pipe, to the State drainage
system in Highland Avenue, or an alternative drainage system
constructed by the City of Salem.
FINDINGS PURSUANT TO M. G. L. CHAPTER 30,
SECTION 61 TO 62H INCLUSIVE
(M.E.P.A. )
The project as described in the Notice of Intent for DEP File
#64-202 is "categorically exempt" pursuant to the implementation of
the Massachusetts Environmental Policy Act as adopted by the
Secretary of Environmental Affairs. This project is "categorically
exempt" as the Wetlands thresholds established under 301 CMR
11. 26 (7) (a) of M.G.L. Ch. 30, sec. 61 to 62H inclusive, have not
been exceeded.
This finding is applicable only to activities proposed for the
above referenced file number before the Department of Environmental
Protection, Wetlands Division. It does not relieve the applicant
from complying with additional M.E.P.A. requirements when applying
for permits from other applicable departments or agencies.
Issued by the Department o EnvirotgD 1 Protection
signature y
on this � 0-1— day of �(DniL, 19 _�
before me personally appeared'lal)ie f Gtw'ba U' to me known to be
the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
W4
Notary Public my commission expires
Detach on dotted line and submit to the prior to coomencement of work.
............................................................................................................
To _ issuing Authority.
Please be advised that the order of Conditions for the project at -
File NuTber has been recorded at the Registry of and
has been noted in the chain of title of the affectedproperty in accordance with General Condition 8 on
19
If recorded lard, the instrunent rnnber which identifies this transaction is '
If registered land, the document nunber which identifies this'transaction is -
Signature Applicant
5-4a
SERVICE LIST 92-162
John Darling, Esq. representing applicant
Serafini, Serafini & Darling
63 Federal Street
Salem MA 01970
Dr. Patrick" H. Curtin petitioner
100 Highland Avenue
Salem MA 01970
100 Highland Avenue Condominium Trust
100 Highland Avenue
Salem MA 01970
Salem Conservation Commission
One Salem Green
Salem MA 01970
Vinca Jarrett representing DEP
Assistant General Counsel
Office of the General Counsel
Department of Environmental Protection
One Winter Street
Boston, MA 02108
Mr. Ralph Perkins DEP staff
Northeast Regional Office
Department of Environmental Protection
10 Commerce Way
Woburn MA 01801
fs-or WA.L,oo.OEMs l� wrtn[LIN.qx IDV Il(r Pte[a04tn) \
Ix ] D! R;VOVi CDNC[[I[ \ / / }PREM I]/If/91 [LL9.. n!er SC UrpD e,,.NA,N M. • _ _=`\\''•.\!•• ` \
IRDV ...I [.(NDN BLMM' • rYf[x[/�•!a ELSV re!R•11/J[IK[xfi[P•IIG.NO!VARA NBIILMrS __ \
Rma,GRATE) PROPOSEDOUR 72.2U.P IT.
AN.. 69111131. _ • - a6
M 3 ,
.[/.pr1yL TO BE ILYON[0 N=69 W IH I 3 � e
I
]IISELED Sp1ARE ON TOP A •/. _ i. "VAD•�c•I / I ...w,. ``� ��
i EONASRE IE NEAOWALL PROPOSED I., R•aDi
.LENATICM`)S ]a' OPEN I 9/i•+9D 1 1
PLAT-YARD 1 EDGE OT S11C.UG INRAINTITS(PANE 111) -- --
]s or 13/91 W[m[L[v+l:D PAIRS LLKL - '•
RLSVLTA.IRON[mQ'EO:•oxo OUTLET
no1.(:.11 AS a A9 1 j __________
I, _..-_ -Av`__
IV MN..ae.e Al AD,
NI E ALONG ( I I nGas[O xUOMLLl I l TWO _ _ _
G. DEA TO YC qK0 SPED ngERIT LAE 1 _ f •�� `1 I
WED t rB.e [RSTAG i n°C DLO / � \�
wa 9}Ox[ aAu `F a RripD •r ,' ` AwRv.IA}[LnrA.aN - [ I ./O a-ASN // \ \ `-
• 4°37-25_W . 11 NA I
5}9PSI[c[xS I,,o BE E.0 eDI ]0 4 ` \ ______
103 9B• / ]ex' TROT.oYx/] EDI' '°`/\�noroao MADNu]I 1 NOR 10.4pRAINMEMPIT
/ �w I 2rVIN YN'1�B I>Y.0.f rOEYY 31.! ` \ \=_�
BC ' a D•i U ` O ,``'
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/91 ILOw \ As sUlfO FRAM YAPS ENTITLED
'TCiWb YIE1S
PROPOSED BUILDING• y,p`�/Q(}' w µR •�/J Ox / J or sulY Ysvwos[Tn-[ u.a.I Il.: � i
1E / _ y'�p'/P + ez �_,/' 1f OR.JMWt mxc.Dn[D WPIC.I nn °�
p ml �I / (125' 348 ) w•oo/oN
e t°
SLAB ELEV • BIO L\,. l i-�•[••...,
TOP OF FOUNDATION WALL•82 0 j"Nsf ry/•/�' /ti o4 T3S—", \`�•1•: / °•H lw[xr ruxr[D I H `I`O'Iea e 'x�E,1 /^ \ 5O9'�//,•, ,'1
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o rm son /
A Ii swYCL \
TLE rc•uo ? . s - --
1x }e Bo ° Ae . .. a me-walaRm 47•
50'e i ro PROPOSED RAD OfIAIN n'rpe EASEMENT pO�' Ed I B+ eDLE fNRe' ''. D AAAA 5 ••
11[nLANO - / s N ar ENRTNO Lcxr ro 51466 SBA— 543°3337" A•• Sa3°55.39E
__ /t 3O BC efYp[0 ro•e9['•r }N• . i R•e6♦ �••Y [G•e61 bR \ _�E•M 1�_ \ _
.6 INANITION TO GLM • N n•q! ID°�� r_
/ �[a5T1NG CBY] 6 SIT GUAB E{STNG MIB iO B( LDGf 6 6 MW]ITpN rO GA(Y tu[N1 I •
PRON.BUILDING SEx[R RI".1e] 1 / !! BENOL•[D \I L -
/ M'.I69 (;OLBY h e].D ` . .. p .1 IT _f� ,.�' B6.e _ STREET—�_]
re•9 19,6 ee'.
SLOPE n% s
EXISTING e"NC STUB� S 1 / 5YP NY•T93 S� (00• ylET=pND ' / 00FfE wvll 4:'1L T� 1 r.EYfN} 1
(TO BE RLYOVED) I/ NN•1S o1 COL[ OE g —
I \T 0 6
1
TROP.DATA,11� LrRO�P.DYM g LrRor.Old/GM SEPARATOR
(,,ARM
PMR WRl
•DON,I ] ANN.AS ..N.n.]
Rn a 39.] nY LEGEND: AVON.OR 13
Ixlxv,1 3. :a-W..=...0SYMBOLS AND MBREVNl10NS SHOWN ON 11115 PIAN . p1 a"I
—Bo——E3ISRNG CONTOUR
.—Bo--PROPOSED CONTOUR SITE PLAN OF LAN-
LOCATION OF ALL VNDERGROUND UTIUDES SHOWN HEREON ME —s —ERISVNG SEWER UNE
... —s —PROPOSED SEWER LINE p SALEM 9 MA.
� PREPARED FOR: sAIEM HOSPITAL j
d.
CAI. 971AII�?
// /S/Td�i/P�G"Y�'K.�✓ G??rY �, !-moi %
r > .. ,... //� .'•� bar ��\ -•..� :-y`'D W'0 .... -
ALMEDA STRE�TNe
s - xad EM =d �•• �•'•� R=3192• p.IB°29 - o ���_` •�� 44,
(
e L°1030'1• aorto
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!yA r•..»wvu Bono!Yp cowwrzp N 49°5.30•W ', _ z`
TD as s a Y .NISI M9 D(xsir AND renD \
i:•
M RNYIxMI3<pKB[R. lArFl ILLV]Eltox(WIIlx r/[LLOOSD) � ,`_ __ \
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Cfl E]_ED EB R'YM.L� IURY tV I DCt�MEMKN I ``\\•••
z3 >°' Ox PROCOSCD e¢z nYpi
ELEVAigN• DDEN
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1 n ar Ix/9y Dv[1D n[v.PON toxo
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• +`o\'d' r nor.n I. 1 1
• A• / LAWN t SAND ly.. - ee . •.f
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o-
SIDIINAUI
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SECTION A-A _
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anwE s0, EmN r0,[No wnm ma
ro A• 'ACT
{'/ _wnSMrtp HiHM a+.are e. NICOI.wm 2p. ( «LUE) 9N'OP `.
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/i
pAtlAo r�•nA�iarl� u s-R0,>a[anataav r}nF '2L NE[i
e•
NICNDRING DEfNIirmm- mHeNrt r.mn marc vl e• aeml�/n'VCL
- a
BAYBALE SEDIMENT BARRIER DETAIL uuw / 6N'6E
ra.nrp mar mart w.a..a m n+anAa n
(NO SOME) +x .-MN
w
n._a,N zMr WI}ss7 ar ewar a.om.•m Ix-
(rm smewry w ro s•nlo[) Is..oas. c0xoarz eNE u.n:.N.
WHEEL CHAIR RAMP DETAIL F.ra. ` m<}
v�
IS VGOIef tl M SIrME WY H SGTIDIEp SPMLS a+p[q}.T6 NIM COnFII
p. IKDat 0K FKEc}.s} (No srAIE) MIN sroxa wr,tas TNw r N sot. ra}m a Haas 11RIeAn1eC eASE
we
.. pj '•-.__-.1'
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G/RGRIT+SEPARATOR.+e•
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tn
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RONT EIEVATON }} vtv(m «
END ELEVATION
HEADWALL 2
CONCRETE OR FIELDSTONE +e-
TcMCwP-P�fMA NM
Ia-al• .
1
-
eNpBApS:l-plpMASONRY ENDS FOR CULVERTSNIOIilD+r I rx+c Am.rt s- r.• xoaomNa>n4 euoPn-a.N•m0,EsL
u
/
(NSCALE) o-M
AT
mm.
T
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a ^
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WlloaTE aulsmE rLIIANtMG Fws}r rva
+F'py Ulp1 BlW / MOIIIZOII}4 MS ..
END ELEVATION
w�xuals•-.r OM1[
a•-
II
W �.-.p-az}Nan}p Omcx u+a eMw w.RAan
CATCH BASIN DETAIL
Mon Rl w L w`
I-CATCH BASINSNO SCALE) TRAP DETAIL Biwa DR sr ao. WNp. '
..�`. CME)
}cart[srN}w v wwam .. �.
EauN.m H.sr•a rw.n w.vcrt easE u , e-cauvm .
' urt I a f ¢rral I[SIAe{E rea MrD mMvnOT[aMSE cMsr N rvc[ �°'"m'
17
r�i H�� _ Ir +ua+u rwa m vanc al•Pa Ivrz-Nm aran rum S ��•`:nwE
VERTICAL BACK OPTION
Q p N 2 - IA IICroN W z3-o awcw c0, uo Ilmfu .
R�21 eaET ascan oll awss'.•mMoaic -.
10• I,�MN ( W ypm,Ty � LYE Niall
/ Ilmw�,cL Iv}F DRAIN MANHOLE DETAIL
awss•.•cor}oaeE IKVm m ItAvn}L xo
1•. N•TS B.. END RDFATION FRONT ELLVAMN � I_1 - Omwl�p-rzanrx TVEN ( ate)
r +-nom waNm CONCRETE OR FIELDSTONE TAtl r-1 +oo®ro nHaa Eln
r--'-Y COMBINATION ENDS FOR -
CURB - BnUMINOUS YI% HEADWALL / I (� E OVA&rN I.1 2) •t r Ir m," ..
f TYPE I-t DENSE /Lr Irapa N `
..—J• CUSS t TWE 1-1 y�
• BRUMINOUS CONCRETE FINISF
SH OSE HEADWALL # I DEI•AI• I b SITE PIAN OF LMLO IN
OP COURSE (ND SCALE) { •INH SALEM MASS
c BINDER .gym. - - %iLpM[p FOR SALEM
• GRAVEL BASE r^'� -
OMPACETD-TO mo EIEYATmM - HE;ADWALL b 3 POND OUTLET DETAIL -N yj SDNE.0,s Norm -mm - Rc - z
PDMUN DENSITY
a. FIELD STONE IMO sc4u -
3> 1450MRY [NOS SCHOFIELD BROTHERS INC.
PROPOSED PAVEMiENT SECTION - - - - - - rrorEssroNM E71aNEETas•PROF®OHM v}ID s� -
AND DITUMINOUS .BERM DETAIL 1071 woRCEEs*ER Mnn.ERuo«wIPM.M+ss.0170,
caPrRlc«r 19e2.Br sown¢n r}Ro}HERs.0,c.
314
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6
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63
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m8'.7`r:.
60
_ THE IOM)A0 NWEALTti OF 1,.tAS5ACHU'.;ETr,
DEPARTMENT OF PURI- IG 1NOPN.'U
CITY OF SALEM
Plan of Propoud CulverI ExienSlon, Draimige SLAsiem end Ouf lei
P• RCN STA 101 . ZS AND STA 104•70 ON THE 19446 .,TATE HIGHWAY ALTER AT ION
SCALE 40FEETTOTHEINCH
4�13U':,-r 21 1: 36. Ar.TI W3 CH I EF ZNGI NECR
':il::, 1 L'.Il ,Ll. . ._ . :it ill :1•.I . , . . ;)i,,.s. '.
/ /
1 j
l4r I . Il E
nra:er,i
_ Pr �OC `/7/ NICiHLAND AVE
112 PIPs'
Prop
ProIng
pNN
Pry? . - .• Q J'1 as .tea /��.. .. i.. / ro/�16V�
Prop. 12'Rp,
wy.• Propl2 Prop U I
Pro cEci i. }1 a v /� _
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6
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Sketch ShoLuln9Compleie Proposed Dr>alno9e Sysienj
i
,V** RUBB/SN C0NTA1,VtR
WOOD FENCE
/ FO GG
PROVIDE FILL IN
THIS AREA 70 Co
PREI/ENT POAlDIA16
Cho
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-STORY
Y y j'% 1 OF CE�U/LD/NG
p ' F/N. FL . 0 MH
/NV �.
---4
682 P
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10 4
NY (' /
M-77 1y /
7 \ R/HEW EL. 8 l
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' 2 /98.20' 1/
l$A X71
/T \\ P
/ R40F�SE'p
— £ APP60X L0C N 6RAaiTE CS/RB / \
AALN
ItN.1(� 4R8 'h /N6w 2"Q/
' /WATER
• � .` • �CA� � '� 1 SER✓/cE - -SU
V4 L•VE
?w
WG W u PERIMETER DRAINAGE
CRAWLSPACE.
T£L
,p } ALAIitAI "
4 goy p9p `� Ap X_Lac,M-- - . . GREENWAY o
EX1STING..2.5, X ROAD
"� MH 5 CtnvERT
REC6W0 OSMH
LOCAT/ON
e c
c Q �k
1 APPROX. LOC'N
D
ue -"DRAIN TO"
GREENWAY RD.
i f
J r:
i
- .. _ _ - .. { '. +...�$. .ap'���a.-,k ._. pX" r>f.• fie' '•i_��,'-//l`I. :... :+ ,.-..'_ . - -- ...
77
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.
TF ttrrArlv nes +vn
. PR �RlM 72:2 L < FFk^ h1Lorl t7S CP— S f
{NV. z �I (12 q�
wIi%5 LiI^ —fi t ' t — r
ol
E7
fSr.. i`
r '. �1P�R i '��1
.j Y - -YAF� ` - J
A t�F D E` ' ft-A U} _ -Ei'r;E OF SPREADING PhRAl�M17E' ','3-!ANT REEfi";
�S�.. 1 ;-- _. _ .-+• i ,,� � _ _- �;` ESE E'CNu LEVE � TYI t,
j ._ REQ tJL.Tif4.- 91ROM B1 O KED Pf"N[ ^":TLET A
--_ PROP. DMH 7
f PROP, C8 4 .a j f ► RIM ���!'E3 a,,
RIM = 72.4 ✓ �l - -
PROPOSED 6' / t ' c� wj� I A8 Com.B
:. E ! ti_ ' 3 1. ► "'_ T 6'' INV.= 74.83 fi �y.► STINrF {�I �E F_1,{5T{ q(z �5 �.ITcc_r" �� tr` ,7►
' . INV.= 68.8 � -- _�= HIGH STOCKADE i � "1 µ - g�� �
- i r z! ,.._ INV.= 7 '!1'!'' j 6 r - S rc� mv— E�Tl�
FENCE ALONG t. - � 191*4*" 1NV. j Er
AREA TO BE PAVESPROPERTY LINE t (.0 12, INV.= 74.30
4
' �• $f ct l i
SH k a 'b x E� ( L _._ c�2.
! SHED i
STONE �1r \ j WALL. ` -A ..�.. EXISTIIVC� 8 PIPE IN: $ �! > i it• % :t t.
a r z z' o` _ _ t• - _ + YV1L;✓OW INV =78.0 `
_ ._ CP __ _ 4 {� .,7 �,, - - " * Fx's +QAC ago
L _REP iV, AT - , I• ,F��. _ -- PROPOS
HFACWALL # 1
EX15 .
o INVERT =-� 78, � EAt l T t h/(r
. PRC C' t ,, .�
�=LL, i 0 $k 1 MAF�E 8$13 M + :`✓ =7K , _ i _
2 7 I`! r "� S f ,9 4 LY P A #
i _ -
� �a. 1 ! _. . _ - --->--- ill..
J irx
N.
/r: L I S • . \ i �Y' L` ''x`91 --
a VV,4� _ ►Z s I+ a PROP 8 I (_DING ' ' • • . ./ '�MP
T
J' r CASED
t> a
L .
{X) S �+ '\ ; f - - rONC. WALK 6 • � � / �' 1�' –'tom i'. � ~ate .► .�. �qm of .r. ��►+�':i*t
TP# ! ( 125 x 48 } 4. I ____�e__._
��ca))
` �P ,¢� EOGE OF CONr:. ALK
1 CC' { co
S, Cs ELEti` - 81 v o��C V �; FORMS 6" CURB
` Q TC��' GF FC)l•1NDAT!C)N WAI_i_. = 82 O e�Pi��� Fc," �� _(2 <p ._ .: p4vEMEN1T PC N i *�
.10' PROP. DMH # 10 �l TP# 3 / �, !>�° PROP. CB # 1 x\' W/
r. �,' RIM 80.7 - ��� �` RIM = 80.5 . S'
LL ({ it J I i INV.= 79.4 �� INV.= 17.5 j • 8
> q / 10 FG=80.6 / ` �� >►; F�'i, {! 'y
7 T '� `�' �C� • f
'! R� c?q• 1N 1sV -- BIT %NG�CURB - -� T ) / {�' _ !_ •
CROP G _ : YP _. . _.__... _ _-� -_ _ - -- +•
.... .� '
r;
_ - 1 1 E ! NG LIGHT, L E TO �'4 FJ `�r1 RC.f Z 2.2b q - •. x - .., :,r+'`�"%!' •`
6� TRANSITION TO GRADE ° ° • . +' �n�.,at.
—EXISTING C8#3 `EXISTING �-�jHB TO BE ` \ EC+GE �fZot E7MitC� �
r'+�OF. BUILDING SEWER--�� , RIM =78 3 J �T f—=-11-41 � / REMOVE C 1 M� _ &s..3 ,
1 � XIS �q�x = �•� 8: x0 t>4 x �l►� �� �
7r > _— _.L.-__l C _.
G t, T SLOPE = 1 .71
T r '1 ,•,� C 0 L B Y
8 P"(1" S+Ll B —--� S M H RIM 79 7 �► O E L
C dE - ( U ' W r
rvv - 73.07
.�
C Dvt
t
• Vi ' `,
qj
PROP. OIL GRIT SEPARATOR #� �
LEGEND: R!M = 80.7 , INV.= 77.3 PR Gkl; t._ u!'(:!'.JB;_L 'tip•
`EPA OR
SYMBOLS AND ABBREVIATIONS SHOWN ON THIS P'_AN RIm - 2
I N/
. .---.EXISTING CONTOUR
.._... ._ r PROPOSED" CONTOUR — — — — D SNOT'FS W gTE125µr� I�ov NV411 .r
8�
Ir`ATICN OF ALL UNDERGROUND L+TILITIES SHOWN HEREON .A.
_ __ _:_ ._.. � ------_-_.__-- EXISTING SEWER !_INE
APPRO t,iMATE AI,�D ARE BASED ON E1E<< LOCATtC)NI CF r,4_t. - - _._. PROPOSED SEWER INE
=�'rR1..1CTI �IlES S1-�C:-I AS CATCH BASINS !ANHn,!1._E ---- { -- ---------- EXISTING DRA!N LINA A?MATl, ice " f�'A� ;Iv C
PROPOSED DRAIN ' !NE
1 . ATE_.. , L, C.. AND 'CMRILING INFO t r� ! ` ' O
P' r �',,' , ,r rn,+ i + 'I „C;44RF; IIS` PROPuSPED ROf1r" DRAIN .I'VE .
._. .N _�`)UP ILJE.� � aP,I< �, stS � I_!tY t _SND _ Q s R OP � � � D CON07 /0 N S
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