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Form 5
. - DEOE He tro. 64-100
. � Qobe prodded by DEQE)
Salem
_ Commonwealth ci"yRoWn
of Massachusetts APPlicartt Thomas Mackay F Sons
. - -
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c.131, §40
From Salem Conserva ion comm;c¢ion - - -
TO Thomas Mackey & Sons Thomas Mackey & Sons
(Name of Applicant) (Name of property owner)
Address
58 Broadway Address 58 Broadway
-
_ This Orders issued and delivered as follows:
❑ Eby hand delivery to applicant or representative on (date)
® by certified mail,return receipt requested on March 14. 1984 (date)
This project is located at
The property is recorded at the Registry of
Essex South
Book 6818 Page 746
Certificate(if registered)
The Notice of Intent for this project was filed on Feb': 8, `1984 - (date)
The public hearing was closed on February 23, 1984 (date)
Findings
The SALEM CONSERVATION COMMISSION 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
COMMISSION at this time.the COMMTSSTM 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 supply xxQ Storm damage prevention
,0 Private water supply xQ Prevention of pollution
lV
Groundwater supply ka Land containing shellfish ,
C x>O Flood control ❑ Fisheries
q 5-1
J ,
Therefore,the Conservation Commission hereby finds that the following conditions are
necessary,in accordance with the Performance Standards set forth in the regulations,to protect those inter-
ests checked above.The Conservation Commiccfnn orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the foi-
lowing conditions modify or differ from the plans,specifications or other proposals submitted with the Notice
of Intent,the conditions shall control.
THE �ONSEFYATION COMMISSION HEREBY DENIES THIS APPLICATION.
General Contlofbons
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas-
ures,shall be deemed cause to revoke or modify this Order.
2. This 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,by-laws 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 and both that date and the special circumstances warranting
the extended time period are set forth in this Order:
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean.fill,containing no trash,refuse,rubbish or de-
bris,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.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or,if
such an appeal has been filed,until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order 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 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 to be done.The recording information shall be submitted to the commission
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words,"Massachusetts Department of Environmental Quality Engineering,
File Number 64-100
10.Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order,the Conservation Commission shall be a party to all agency proceedings .
and hearings before the Department.
11. 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 satisfactorily completed.
12.The work shall conform to the following plans and special conditions: C
52
Plans:
l� Title Dated Signed and Stamped by: On File with:
` Plan of Proposed Dwelling
9 Riverway Road Feb. 6, 1984 Frederick M. Forbes -
#27878 Conseru��tion Cbr+mis;sion
J1 t' C) i C1'a
•` yhlllt ltt P°' �``
Special Conditions(Use additional paper if necessary)
WORK PROPOSED AS DESCRIBED IN THE NOTICE OF .INTENT..IS HEREBY DENIED. THE PROPOSAL
DOES NOT AFFORD. PROTECTION OF THE INTERESTS SPECIFIED IN THE WETLANDS PROTECTION
ACT REGULATIONS,-..SPECIFICALLY AS FOLLOWS:
The site is comprised of the following resource areas which are determined to
be significant to the Act:
Coastal Beach, Sect. 27
Coastal Bank, Sect. 30
Saltmarsh, Sect. 32
Land Containing Shellfish, Sect. 34
Coastal Beach--Section 27:
The Conservation Commission determines that the site under consideration
C\' consists of a tidal flat that is significant to marine fisheries and that any
on site construction will have adverse effects on water circulation and
distribution of sediment and grain size.
Coastal Bank--Section 30:
The Conservation Commission determines that the site under consideration
is significant to storm damage prevention. since it supplies sediment to the
coastal beach. __ .
Saltmarsh--Section 32:
The Conservation Commission determines that portions of the site consist
of saltmarsh which is significant to the protection of marine fisheries, the
prevention..of„pollution,.,,and,.storm..damage.,Prevention. The.Proposed__construction
...... .............•-........_.
(Leave Space Blank) -
C
5-3A
Issued By SALEM Conservation CommissionSignature(s)L
r� e
Oda m!,at be signed by a majority of the Conservation Commission.
On this 8th day of March t9 84 ,beforeme
personally appeared the above-named to me known to be the
person described in and.who executed the foregoing instrument and acknowledged that heists executed
the sart/e'as his/her free act a d deed. i
9-9-88
Notary Public My commission expires
- The applicant,the owner,any person aggrieved by this Order,any owner of land abutting the land upon which the proposed work is to
bedone or any ten residents of the city or town in which such land is located are hereby notified of their right to request the Department .
of Environmental Quality Enginearing to issue aSuperseding Order,providing the request is madeby certified mail or.hand delivery to
the Department within ten days from the date of issuance of this Order.Acopy ofthe tequestshall atthe same time besenthycerblied '
. mail or hand delivery to the Conservation Commission and the applicant.
Detach on dotted line and submit tothe 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 al the Registry of and -
has been noted in the chain of title of the affected property in accordance with General Condition 8 on 119
If recorded land,the instrument number which identifies this transaction is
If registered land,the document number which identifies this transaction is
Signature Apprcan; C
5-4A
order of Conditions--Thomas Mackey & Sons, DEOE #64-100 5-3B
will destroy 1900 square feet of saltmarsh.
Land Containing Shellfish--Section 34:
The Conservation Commission has determined that the site under con-
sideration contains shellfish and, therefore, is significant to the protection
of marine fisheries.
(one SaIPM (�rxrn
January 20, 1984 .
Ms. Josephine Fusco
City Clerk
City Hall
Salem, MA 01970
Dear Ms- •Fusco: - -
At a regularly scheduled meeting of the Sales: Planning Board held
on January 19, 1984, it was voted to endorse "Approval Under Sub-
division Control Law Not Required" on the following described plan-
- 1. Applicant: Thomas Mackey & Sons -
58 Broadway -
Salem, MA. 01970
2. Location and Description - Land between the end of Riverway Road
and the Forest River with the
taking by the City of Salem on both sides.
Book 6818, Page 746; Registry of Deeds, Essex
Deed of property records in Essex South District Registry_
Sincerely,
Walter Power III -
Chairman
SMTP/sm -
ali#u of 'Safem, fflttssar4usef#s
,r
Cite Rall
I - �nlem,�6laesarhusette II347II
I
I
it
WIG 9r!IHNVld VJ11VS
NOTICE TO BE ATTACHED TO
w FORM "A"APPLICATIONS
See Form "A" applications for _ _ �4 1
" o
complete instructions for filing.
All insertions shall be typewritten
_ z -J
- - or printed neatly in ink.
c, f
v E--
°O Date: ____January___6 _1984
City Clerk
Salem, Massachusetts 01970
Dear Su:
I hand you herewith two copies of Foran A, an application submitted by me this day to the Plan-
ning Board of the City of Salem requesting a determination and an endorsement on a plan filed with
said application that Planning Board approval under the Subdivision Control Rules and Regulations is
not required.
The land shown on the accompanying plan is located at
------------- ---- — — —- in Ward —Seven-- -- --- --- -
(insert street and street numbers here)
II Signature of Owner _(__���bf!_-f ---- -------- - --- -
11�t�66
mas Mackey Sons, In .
- --- -- -------
Street Address ---_-_58--Br-oadw4------------
--____-- ------__-----
City/I'own & State Salem, MA _01970 _
Telephone Number ------CU7)_-744-38_49___-_______:
i
k
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it ofrxlez>l, � �zS �cETu�ett5
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��,,. �lnesarF�u.rtf.axeaa
FORST A
APPLICATION FOR ENDORSEMENT
u; OF PLAN BELIEVED NOT TO REQUIRE id3 3 ri'rlifiNVId l*4311f$
l c' APPROVAL j
= In i.cordaucc wi[h proiisions of Section Il-B, the
applLCant must file, b} delivery or registered mail, ai 1
t _Notice with the City Clerk stating the date of sub- _- t 1 5...�
II mission for such determination. The notice shall be
_nattached to tiro copies of this Form A application- C
_ Fhe notice and both copies of the application must c„-G
�O G be "date stamped" by the City Clerk and then one C_ r;7
copy of this Form A, with the Plan, filed with the
Planning Board by the applicant. All notices and
applications shall be typewritten or neatly printed -
y.>
in ink. fl ,
--i
Salem, Mass., -_..January..6_---------------19S4.._
To the Planning Board:
The undersigned, believing that the accompanying plan of his property in the City of Salem does not
constitute a subdivision within the meaning of the Subdivision Control Law because (See Sect. II-A and
state specific reasons) .... --Remaining..propefty.With-exi sting--frontage--ext----------------•--
----------Riyerway_Road, ------------ --- -------- ----- -- - -------
------ -
---------------------- _--------------
---------------- -_-_------ ---------------- ---------------------------------------
- -- ... - ----------- - ---------- --- -------_- ----------------- - -- --------------- -------------------------
and herewith submits said plan for a determination and endorsement that Planning Board approval
under the Subdivision Control Law is not required.
1. Name of Owner .------Thomas..Mackey-&_Son,5.,_In_-.......-------------- ------------------------------
--.._
Address --- 513-_8raodway......__.--Salem, _419.74...._--- -----_------------------
2. Name of Engineer or Surveyor .._Hancok..Surve _Associates-lrine_- ----------------- ------..-
Address--_--------- --------85-Ma le-.Street---_--..Danvers. 1M__.__01923_--.__---------
3. Deed of property records in _-..South Essex_ . -------- - _.__-....-.-... Registry
Book .-- ------ - Page - -J46-----------
.-t- Location and Description of Property: - . . ----.....__....._-------------` ------------.------------------
-- _.. - ---------•------------ -----------
Land between the end of RIverway Road and Forest-.River-wit h__the
-_--.____
EaEcirig 'by the Gity of Salem on th sides.
_ . --- --.. --- -----------
----- -- -- --. --- -----
----------------- -------
.---- - -,
- -. -- - - -------- ---
------_----- - - - - - -
- ----------------------- ------------------- - ---...
5. All streets and abutting lot lines shall be shown on the Plan together with the names of the Owners
of the abutting lots. 77,e 3 i?1=t<'yh r �� Sam; lne--
\�� _' ' �I:1ti1lTII� 1T`:rl FEB
( 9
(ono Sixl:m Cir-gin
C1TyCPBS.
REQUEST FOR REVIEW CC2!:.NN`TS
SPECIAL PERMIT
DATE: February. 28,. 1984
Y0: ( JU Bu�l3ing T�spzctor ( ) Ccnsa nation Commission
( ) City Eagineer (. ) Ocher:
( ) Board of Health
Attached please find `the application referenced beic The Planning Board
requests that you review this application relative to Section VII of the
Zoning Ordinance.- We would appreciate your completingthe form below and
returning it to us. Notice of the public hearing for this application will
be forwarded to you.
(7(7;}() t,^LANDS & FLOOD HAZARD DIST?ICZS
( ) :CLUSTER DEVELOPMENT
PLANNED UNIT DEVELOP�NT
APPLICANT:. :Thomas Mackey & Sons, Inc.
PROJECT NAME & AD3ESS: SalemAssessors Map X131, Lot 325. Construction of
a single familydwelling and retaining wall at end of Riverway Road
CONTACT PERSONS AND PEObE:
Applicant Dan Markey,58 n.oadcral; City:
Salem, MA
Salem, MA 01970
CO.LHENTS DUE BY:
(Failure to c=-.ent within 35 days shat be de=ed lack of opposition.)
( )
Concur with proposal (Explain on reverse side)
( ) Need =ore information (Explain onreverse side) "
( ) Cannot concur with proposal (Erpla . on reverse side)
( ) Comore._s included
REVIEWER'S :IG%_ DATE
N'x CITY OF SALEM, MASSACHUSETTS ~
APPLICATION RcCE<<jf rj
K SPECIAL PEiu`[IT a
4 :EEB y9`_ A9 '�� .
pSN WETLANDS AND FLOOD HAZARD DISTRICTS-
AN'
ISTRICTS A
,x F
SALEK
totz Applicant: Thomas Mackey & Sons. Inc.
'r Address- 58 Broadway Salem, MA 01970 City Clerk stamp
(617) 744-3849
Telephone: ,
t =k
xs
Owner: Same as applicant r�
.nr Address Same
VIA Location of Property: Sal ern ARRAssor- Man 431 Tnh
h ti
_ - Project Description: Construction of a smg1P family rh+Pl l,npy'anti a
retaining wall
x ' I. It has been determined b the Building Ins ector that the,-ca'ef, Y g P _ property
lies in the following area(s) : 2T
'f5 i J ik V
+w A. Wetlands District
Wetlands ( x) Buffer Zone ( X)
�'. B. Flood Hazard District `#
t
Zone A ( ) Zone A3 ( X ) fiZone V3 ( )�
� s II. Information required includes this application and the. following additional
information (file one copy of everything with the City,Clerk and five
x� copies with the Planning Board ; all copies mus be stamped by the City Clerk) _
.<
A. A site planat a scale' of 1" equals 20' prepared ,by a registered
4*
land surveyor or registered professional engineer and shoving at
�z . least the following s ,. _*, . 7_:q
-
.�'x 1. Lot lines within which the development is proposed and the tie-
e in to the nearest road intersection; '
r 2. The location, boundaries, and dimensions of each lot in question;
3. Two-foot contours of the existing and proposed land surface;
G 4. Location of existing and proposed structures, water-courses,
e" 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. .>
rz
-Z
Sim
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_
4 , C. In cases of flood-proofing or pile construction, certificationLL
by a registered professional engineer or architect as to the
to elevation of flood-proofing measures and as to compliance with the
t 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. BUILDING PERMIT
CONSERVATION COMMISSION ORDER OF CONDITIONS
;$ E. Descriptions relative to all conditions applicable in Section. Iii
r >t q below. - x'
III. Conditions (Complete those sections -indicated (r.) by the Building Inspector)
,d 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
aved• no earth or other material shall be stored d
p dumped,,"used as
fill, excavated, or transferred; and.no' sediment shall be caused'to
be discharged from or onto a wetland,--unless,all the followingcondi
tions are found to exist,as part of .the granting.of A Special Permit by '
biz the Planning Board (Use additional pages if necessary) aY�IXr
r � .
A. All Districts
(X) 1. The proposed use will comply.-in all'.respects:to, the uses`and
4 provisions of the underlying.District 'in which-the'land
located ,Yes X No
y
S (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 F E
of the lot(s) or adjacent lot(s) ,caused by either overspill
from water bodies or high runoff = n` ,.
:
Vehicular Movement: A driveway is proposed from Riverway9Road
to a garage under.
Pedestrian Movement: A 4' high chain-link fence (or equal)
is proposed along the top perimeter of the
proposed retaining wall.
3. Utilities, including gas, electrictity, fuel, water, and - -
sewage disposal, shall be located and constructed so as to
protect against breaking, l.•nking, shortcircuiting, grounding--
or igniting or any other damage due to flooding. (Provide
details)
r
See Plan entitled "Plan of Proposed Dwelling at #9 Riverway
Road in Salem, MA Prepared for 'Thomas Mackey & Sons, Inc." dated
6 February 1984.
(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
r .t.'
The proposed develoixn ,.71 of rhA a7�,N
s Y
�
s.r,:y , `Y
x
B. Wetlands District" NOT APPLICABLE r �
( ) 1. The proposed dedelopment or usc�shall not include the s'tnrnge
of.'salt,. chemicals, petroleum products or othe contaminating .
substances or discharge of any polluting liqui s,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
Standardn ind for the Protection of the Quality and Value of
Water Resources" of the Commonwealth of Massachusetts.)
h"
-4-
ix ( ) 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.
( ) 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
( ) 4. 'If the lot is-to be served by an on lot septic system-':
leaching area designed for use, as well as a reserved .area:"
for 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
Does not apply ( ) `
3w
C. Flood Hazard District (all zones)
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.
/a waive is refui r"1 4r -A s fem
The proposed cellar floor elevation = 12.5 (City of'Salem base)
The 100 year flood level elevation = 15.36 - (City of Salem base)
O 2. The floor ofthebasement, 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
have the capability of resisting hydrostatic and hydrodynamic
loads and the effects of bouyancy.
D. Flood Hazard Di.scrict, Coastal High Hazard Area (Zone V3)-
NOT APPLICABLE
( ) 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)
Y� ti
1
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 Shull 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
� o
Planninr. Eoard 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 -
I
lleviate the effects of same,
Signed /
qjP;U59A I, MAUA q5V, OF
Title 'rA,;7mAS mA&K.y-,Y $ SNS. MIG
Date
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01
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