The URL can be used to link to this page

64-382 - 12 ALMEDA STREET - CONSERVATION COMMISSION _by.3F�Z lL /4i.�,2�� S zf _ ,, -... _ onJ,�aQ OOC �� NWT ►''uci�cl.Gc1.✓ / �'1 ✓✓ ac o•. z/g�oC Mft "se", Mq� " A LT s CITY OF SALEM CONSERVATION COMMISSION October 15, 2008 Steven Morris 84 Ipswich Road Boxford, MA 01921 Re: Certificate of Compliance—DEP #64-382- 12 Almeda Street Salem, MA Dear Mr. Morris: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Sincerely, Carey bConsAgent/ Staff Planner Enclosures CC: DEP Northeast Regional Office I f L17Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-362 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the i Steve Morris- computer, use Name only the tab key to move 84 Ipswich Road your cursor- Mailing Address do not use the Boxford MA 01921 return key. Citylrown State Zip Code m 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Rehka Agarwal Name December 9, 2005 64-382 Dated DEP File Number 3. The project site is located at: 12 Almeda Street Salem Street Address City/Town Map 14 Lot 197 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Steve Morris Property Owner(if different) Essex 25363 28 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: October 8, 2008 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8adoc•rev.7/13/04 Page 1 of 4 �Y i Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40"I d Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and a r EP Regional Otfi (See Attachment). Signatures:; L wpaform so doc•rev.7113/04 Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 9 Of October 2008 Day Month Year before me, the undersigned Notary Public, personally appeared K. Cornacchio, D. Pabich, M. Blier, R. Christie, K. Glidden, and A. Hamilton, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission City/Town CAREYR.DUOUE$ No"Pubic MyCaMdOMEWIrm Signature Notary Public Care . Du ues Printed Name of Notary Public August 16, 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform 8b.doc•rev.7/13/04 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance 64-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 12 Almeda Street 64-382 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform Bb.doc•rev.7113104 Page 4 of 4 Y r � Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales Alford Cummnglon HaHield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield DeeNeld Heath Manson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandefield Wendell Belchehown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardsion Egremont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Sarngfield Brimfield Florida Lanesborough North Adams Shreesbury West Stockbridge Buckland Gill Lee Northampton Southampton Whately Chademont Goshen Lane. Northfield South Hadley Wilbraham Cheshire Granby Leverelt Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Bamnglon Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charter, Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashburnham Clinton Hubbardston Mblvine Shmey Women Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunstable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Grafton Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Holden Mandan Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mallapoisett Provincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Well Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tsbury TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Willman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chforark Franklin Mashpee Plymplon Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randdph Walpole Arlington Cohasset Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Natant Rowley Wellesley Beverly Dover Lincoln Nalick Salem Wenham TDD:617-574-6868 Billenca Dracut Lowell Needham Salisbury West Newbury Boston Essex Lynn Newbury Saugus Weston Bcxford Everett Lynnfield Newb iryport Shemorn Westwood Braintree Fram hgham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wumngton Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamlton Medford. Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaformBbAcc•DEP Addresses•rev.10/15108 Page 1 of 1 i b ow- . a 1 y+f v��[[ �� j�'�t��>,� �A^-`•4 t l♦y� o+ i ygg4 ' -r�'{•��r r i - x td A+ ✓ � 4f j�* �Y,�7 'Jx�73 �S f�,� t.�.T b�yi` �}. " �y-� r f�. 1 �" J4 tYT eH E4�Wtf'+jt Y^ id.� �y .+1 r5Af�.1Ky,yy ;C/�• ' t.,(vge,/y 4 a. « 'x54+s , oiW'r{� f31tr 'Jfnj *kfi{?�is'�♦1 �,+.Y 9-C"�d,^'' .1v ��ri ; 7yt4" d 4r'4" I> t ^^I.1 . er(�r'� 3�Hf�i�s e,�p;�a" .yiM,�;is - �'�i.^.(�i.;�.'" tlT�'�'� ^✓''- �I�.:r :x'g�, �3+�a i'�`�•,��b*'i�` �`�\\°�T�j�.'�t[��{��yF•Plt�E. ti xtI- �, '�3+t ,;� +r° � s ;.��'f t � .,- �.yl�kx't°. M.( +..,d� '`.'Z.•..��.t;,y��]�� .i'k-i{. '4 't'.t ��w 1•�1+{ / �r 96" f"t� � hr C'' �a ,� �. ay � �'�-; p-�/•F,del k..; � i �- �'I 4X �l`,�✓`♦ .J. tg`stl 't' a +•�', t �^.°�� ,/ �j�✓'�"y :;r' 2j,•'�o�'��.��r s -vlii �.. ,fib S *� f• � 'i G ! ,� � ',�,��,y-�ls F u� �r y r t • � r%�}� 'r5's rI �iF't�'s ��eL. tE�i� }�y�,1£u�h +s �� '#,�$+'�^''r' } 4 fD4��' >+ �"� � �; �* �y'1l ^, �",,,�,{ ��,� .t.�a'�,a �' .zit'). • - a F. r!-.......... Xe iM t�i y?��s i ; 4 � T- z rg e ,}'p y a"q � ,��i.5 Ay y � �� x A'M1W uy�y} `1M; V . - {a{ /y� Y TY'� yrF' •1� !. x T q_ +.4 ! .Jt RS._n +u I � ' ��r [r . 1� `�' � �� y� �i 'via i 3 <'rY��^ "�. �'� ��Y i 1... } �� tC Y f y t � � � a �.� � �1 �'tl d'iC �� . `�� L x .a= 1 is qk{ si �as.^�s �J �!�..^ «� a PFfk` µ ,��pyy r.k' Iy y;'�r ..r4 'n.• ��,, � ay v. .� ��'.'� 4 ,�"�'.. � 4y;� `� I' e�i`b�: 't, + .�. 9 fr S,` �.+� ti I`rj� ' � ' eE iAY . .. . I efj� //�°�. r s� �: t �. � ' j:� ��.� RECIIVED DEC © 2 2005 DEPT. O:PL"'AING& COMM NATY DEs LOPMENT STANTON W. BIGELOW, M.S., P.E. Professional Civil/Environmental Engineer Site Development Permitting and Construction Management d/b/a Homesites Real Estate Development, LLC ---------------- 6 Winthrop Avenue B.S., Civil Engineering, Norwich University Beverly, Massachusetts 01915 M.S., Civil Engineering, Northeastern University Tel./FAX: (978) 922-2629 Professional Civil Engineer, Massachusetts E-mail: stan.big@comcast.net Licensed Construction Supervisor, Massachusetts ---------------- December 1, 2005 City of Salem Conservation Commission 120 Washington Street Salem, Massachusetts 01970 Attention: Frank Taormina, Planner/Conservation Agent Re: DEP # 64-382 --- 12 Almeda Street, Salem Dear Frank: I have been retained by Dr. Rehka Agurwal and Sean McCarthy, owners of the property at 12 Almeda Street, to respond to your letter to Dr. Agurwal dated November 22, 2005, in particular with respect to the completion of the Stormwater Management Form (signed original and eight (8) copies enclosed for your distribution) and attendance as the applicants' Professional Engineer (PE) at the meeting of your Commission on December 8, 2005. The enclosed Stormwater Management Form references Sheet 6 of 6 of my plans dated November 26, 2004, which are a matter of record in your Commission's open and continued Public Hearing relative to this project. In that Plan, I made reference to O&M of the site stormwater management system as "annual cleaning of the sedimentation basin by vacuum truck." The enclosed "Operation and Maintenance Plan" sheet, you will find, further describes in detail my proposed O&M Plan for such cleaning in a way that meets the detailed requirements of Standard#9 of the Department's Stormwater Management Form. My last recollection, prior to my services for the previous owner of the property being suspended under this Notice of Intent case and the earlier Superseding Order of Conditions, was that the City Engineer's office had copies of the referenced "Proposed Extension of Almeda Street" plans and was satisfied that they met the conditions of the written agreement between the City and the previous owner, Mr. Giacalone. However, prior to the Commission's meeting of December 8, 2005, 1 will contact that office for written confirmation of such, to be presented at or before your meeting. It is my understanding that Mr. John Dick of Hancock Survey Associates, Danvers, Massachusetts has been separately retained by my clients to prepare the detailed Planting and Replication Plan, and that such Plan has been submitted. IY Yours, % Ste ton igelow, M.S., P.E. Consulting Civil/Environmental Engineer cc: Dr. Rehka Agurwal OPERATION AND MAINTENANCE PLAN STORMWATER MANAGEMENT SYSTEM AT 12 ALMEDA STREET, SALEM, MASSACHUSETTS The proposed Post-Development Stormwater Management BMP for this project will consist of a small sedimentation basin upstream of the single reinforced concrete culvert pipe crossing under the Almeda Street extension to Andy's Pond. This basin's purpose is three-fold: 1. To insure that post-development activities up-gradient of the basin (principally on the lot at 12 Almeda Street)do not generate pollutants that can be introduced through the culvert into Andy's Pond (Standards# 1 and#4 of the DEP Stormwater Management Form), 2. To insure that post-development peak runoff from the site of the proposed single-family house is kept at levels at or below the pre-development peak runoff from the site (Standard#2 of the DEP Stormwater Management Form), and 3. To allow for minimal infiltration through the Almeda Street extension roadbed from the sedimentation basin during periods of dry conditions, between stormwater runoff events, thus insuring that stored sediments are dessicated and compacted in the bottom of the basin (Stan- dard#3 of the DEP Stormwater Management Form). This Operation and Maintenance Plan, until such time as the City of Salem might make a Taking of the Private Way segment of Almeda Street on which this basin and outlet culvert are located, remains the responsibility of the owner of the property at 12 Almeda Street, as assigned by subsequent deeds recorded at the Essex South Registry of Deeds. The property on which the sedimentation basin is located will remain property of said owner of 12 Almeda Street, and may at some future time become an easement area for City of Salem access to continue operations under this Operation and Maintenance Plan, should the said City make such Taking of the Private Way segment of Almeda Street. The sedimentation basin shall be inspected on a regular basis (at least twice annually, in late fall and late spring) to determine the need for cleaning of debris from the basin. At times of inspection, any large items of debris, such as tree branches or rocks, shall be removed, along with any trash that may have been deposited in the basin. The responsible party shall order cleaning of sediment from the basin at such times when, upon inspection, the top of such sediment is within one (1') foot vertically of the invert (bottom) of the culvert pipe inlet at the headwall. Cleaning of sediment shall be accomplished by removal from the sedimentation basin using a vacuum truck operated by a commercial drain cleaning company, of which there are several private firms in the immediate Salem area. Material thus removed shall be disposed of at a DEP-licensed facility for solid wast disposal authorized for such purposes, of which there are several in the immediate Salem area. Records, consisting of paid receipts for such commercial vacuum cleaning services, shall be maintained by the responsible party(ies)for such periodic review as the Department or the Salem Conservation Commis- sion deems necessary. Access to the sedimentation basin for such cleaning shall be provided directly at the site of the culvert headwall, which is immediately adjacent to both the basin and the Almeda Street roadway. No easement for such purpose is needed as long as the BRP's Operation and Maintenance remains the responsibility of the owner of 12 Almeda Street. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Property Information Important: When filling out 1. The proposed project is: forms on the computer,use a. New development ( Yes ❑ No only the tab ,/ key to move b. Redevelopment ❑ Yes E No your cursor- do not use the (If yes, distinguish redevelopment components from retuurrn key. c. Combination ❑ Yes El No new development components on plans). V M I I 2. Stormwater runoff to be treated for water quality is based on the following calculations: �� a. ❑ 1 inch of runoff x total impervious area of post-development site for discharge to critical areas (Outstanding Resource Waters, recharge areas of public water supplies, shellfish growing areas, swimming beaches, cold water fisheries). Note: b. U✓ 0.5 inches of runoff x total impervious area of post-development site for other resource areas. This November 2000 version of the Stormwater Management B. Stormwater Management Standards Form supersedes earlier versions including those 9 �Poli ( arch 1997)ement DEP's Stormwater Management M includes nine standards that are listed on the contained in following pages. Check the appropriate boxes for each standard and provide documentation and DEP's additional information when applicable. Stormwater Handbooks. Standard#1: Untreated stormwater a. d The project is designed so that new stormwater point discharges do not discharge untreated stormwater into, or cause erosion to, wetlands and waters. Standard#2: Post-development peak discharges rates a. ❑ Not applicable—project site contains waters subject to tidal action. Post-development peak discharge does not exceed pre-development rates on the site at the point of discharge or downgradient property boundary for the 2-yr, 10-yr, and 100-yr, 24-hr storm. b. ❑ Without stormwater controls c. Ia With stormwater controls designed for the 2-yr, and 10-yr storm, 24-hr storm. d. Uv The project as designed will not increase off-site flooding impacts from the 100-yr, 24-hr storm. W aaform3Am•Stormwater Management Farm•rev.311/05 Pape 1 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) Standard#3: Recharge to groundwater Amount of impervious area (sq. ft.)to be infiltrated: a.1 'no'nosquare feet Volume to be recharged is based on: b. El' The following Natural Resources Conservation Service hydrologic soils groups (e.g. A, B, C, D, or UA)or any combination of groups: 1�A L7 1.%of impervious area 2.Hydrologic soil group 3.%of impervious area 4.Hydrologic soil group 5. %of impervious area 6.Hydrologic soil group 7.%of impervious area 8.Hydrologic soil group c. a� Site specific pre-development conditions: <�) o 1. Recharge rate 2.Volume d. Describe how the calculations were determined: or- e. List each BMP or nonstructural measure used to meet Standard#3 (e.g. dry well, infiltration trench). to k, . C ATEC &, S & o.[C_ A L,Le A ..rc. 10 ..a 1Z-0-p KC-_O T i'_Jo �hRor 2n L•F.D Does the annual groundwater recharge for the post-development site approximate the annual recharge from existing site conditions? f. El" Yes ❑ No Standard#4: 80%TSS Removal u a. The proposed stormwater management system will remove 80%of the post-development site's average annual Total Suspended Solids(TSS) load. b. Identify the BMP's proposed for the project and describe how the 80%TSS removal will be achieved. / A—c 'n.'r—_ of t-c 4 Wpafoan3.d=•Stormwater Management Foam•rev.3/1/05 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) c. If the project is redevelopment, explain how much TSS will be removed and briefly explain why 80% removal cannot be achieved. 41,4 Standard#5: Higher potential pollutant loads See Stormwater Policy Handbook Does the project site contain land uses with higher potential pollutant loads Vol. I,page 1-23,for land uses of a. ❑Yes 2<0 b. If yes, describe land uses: high pollutant loading(see Instructions). c. Identify the BMPs selected to treat stormwater runoff. If infiltration measures are proposed, describe the pretreatment. (Note: If the area of higher potential pollutant loading is upgradient of a critical area, infiltration is not allowed.) Standard#6: Protection of critical areas See Stormwater Will the project discharge to or affect a critical area? Policy Handbook Vol. 1, page I a. ❑ Yes for critical areas [3"No b. If yes, describe areas: (see Instructions). c. Identify the BMPs selected for stormwater discharges in these areas and describe how BMPs meet restrictions listed on pages 1-27 and 1-28 of the Stormwater Policy Handbook—Vol. I: Wpaform3.doc•dorm ater Management Form•rev.311/05 Page 3 of 5 II ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) Note: components of Standard#7: Redevelopment projects redevelopment projects which Is the proposed activity a redevelopment project? plan to develop ,� previously a. El Yes E No b. If yes, the following stormwater management standards have been met: undeveloped areas do not fall under the scope of Standard 7. c. The following stormwater standards have not been met for the following reasons: d. ❑ The proposed project will reduce the annual pollutant load on the site with new or improved stormwater control. Standard#8: Erosion/sediment control a. E3'� Erosion and sediment controls are incorporated into the project design to prevent erosion, control sediments, and stabilize exposed soils during construction or land disturbance. Standard 99: Operationimaintenance plan a. Z An operation and maintenance plan for the post-development stormwater controls have been developed. The plan includes ownership of the stormwater BMPs, parties responsible for operation and maintenance, schedule for inspection and maintenance, routine and long-term maintenance responsibilities, and provision for appropriate access and maintenance easements extending from a public right-of-way to the stormwater controls.b.Plan/rifle (Suc�T tc. vc ro). Vg r. L T. C>G /1c.++ e' Sc., Sn..�1 c.Date �3 9--WC,4 01 vk V'W'.A 'J 13«G�Jt Q.3. i 2� d.Plan/Title ` e.Date Wpafortn3.dx•Stormwater Management Forth•rev.3/1105 Page 4 of 5 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Submittal Requirements Online Users: DEP recommends that applicants submit this form, as well as, supporting documentation and plans, Include your with the Notice of Intent to provide stormwater management information for Commission review document consistent with the wetland regulations(310 CMR 10.05 (6)(b))and DEP's Stormwater Management transaction Policy (March 1997). If a particular stormwater management standard cannot be met, information number should be provided to demonstrate how equivalent water quality and water quantity protection will be (provided on provided. DEP encourages engineers to use this form to certify that the project meets the stormwater your receipt management standards as well as acceptable engineering standards. For more information, consult page)with all the Stormwater Management Policy. supplementary information you submit to the Department. D. Signatures LV7C o � A{plicant Name d,.t yY Date Signature �2 E,.�k.>1 AIC'J . A' 1Z t o5 Representative(if any) � Date Signature Wpafam3Aoc•Stomiwater Management Form•rev.311105 Page 5 of 5 Y 02/01/06 17:38 FAX 19787453443 LINSREY CONSTRUCTION Z 001. i 47 Jefferson Avenue - invoice P.O. Box 4507 MIn=p0raW Salem,MAO 1970 978-744-2700 Fax 978-745-3443 BILL TO City of Salem -- _ __ Attn: Tom St.Pierre DATE INVOICE# Public Properties Dept. 7/26/2005 7321 120 Washington Street — i Salern6 MA 01970 j TERMS DUE DATE PROJECT Due on receipt 7/26/2005 12 Almedia Street DATE DESCRIPTION HRSlQTY RATE AMOUNT j 6/11/2005 Foreman-Premium Time 4T 97.50 390.00 Laborer - Premium Time 4 75.00 300.00 Pick-up truck 4 25.00 1 100.00 2 -Bundles Grade Stakes 37.57 37.57 Roll Caution Tape 1 7.70 7.70 `I I 1 I I I 1 I I 1 It s bees a pleasure working with you! �TOta l $835.27 t Frank Taormina From: Joe Nerden Sent: Thursday, February 02, 2006 3:06 PM To: Frank Taormina Cc: Bruce Thibodeau;Thomas Stpierre Subject: 12 Almeda Street- site visit Follow Up Flag: Follow up Due By: Friday, February 03, 2006 5:00 PM Flag Status: Flagged Frank, Here are my comments for the above noted site. The developer agreed site control is needed both for use now in construction and for later use in developing record drawings. Survey stakes are needed to make sure the new road is located within the paper street. Tom has jurisdiction over the construction of the wall but there are some site design factors that pertain to DPS/Engineering. The square wall opening where the RCP drain pipe comes through needs to be sealed tight around the pipe and against the wall to prevent sediment migration and possible sink holes. The width of the roadway has to be maintained to the maximum extent possible. The safety rail/guard system along the top of the wall needs to be installed for ease of maintenance and long longevity, preferably so that the face of the rail system does not protrude into the roadway space. Lastly, the roadway must be free draining so as not to puddle and not cause erosion of the roadway or shoulder area. The water and sewer pipes have yet to be installed and will need to be coordinated with DPW for inspections. The contractor needs to provide a construction bond for the value of installation of the road. They will come up with a construction estimate for Bruce's review. Joseph E. Nerden Asst. DPW Director& Asst. City Engineer Department of Public Services 120 Washington Street, 4th Floor Salem, Massachusetts 01970 tel. 978.745.9595 x321 fax. 978.745.0349 email: jnerden@salem.com 1 CITY OF SALEM, MASSACHUSETTS DEPARTMENT OF PUBLIC SERVICES 120 WASHINGTON STREET,4TH FLOOR TEL. (978) 745-9595 EXT. 321 KIIvIBERLEY DRISCOLL FAX(978) 745-0349 MAYOR BRUCE D.THIBODEAU,P.E. DIRECTOR/CITY ENGINEER Date: January 19,2006 To: Bruce Thibodeau Tom St.Pierre drank Taormina /�— From: Joe Nerde Re: 12 Alm Str t—New Developer Please see the attached January 13,2006 letter from Thomas Carnevale, of R.C. Realty Construction& Development, LLC. Bruce and I met with Mr. Carnevale,just before Christmas 2005 and discussed the project briefly. Since that meeting,Mr. Carnevale has been supplied with the latest documents on file with Frank regarding ConComm issues, namely a revised set of plans and the legal language drafted prior to this latest ownership transition. In order to start the project off in good stead with the City,Mr. Carnevale is asking for a letter of acceptance regarding aspects of the project already constructed. I suggest that we all meet to go over the project with the latest set of plans on-site, since it has been a while since the project was last active. This will allow us to respond in a more certain manner and have a clear understanding of the work going forward. I know there are still issues with ConCom compliance and the actual construction. A bond has to be supplied in the amount stipulated by the legal agreement, the roadway width and alignment should be reviewed again and the order of construction(blasting, wall construction&wetlands mitigation)needs to be discussed. Frank, since you've had the most involvement with this project, I ask that you please take the lead on this moving forward, at least in arranging, meeti o>rsit. �/lotK� Yoe Gok(M2vJ Y�8- S32 _ZZZS FUNc n\)1 Aln Stre -new do oW 01"do JAN-17-2006 TUE 09:57 AM R. G. REALTY 978 921 4030 P, 0.2 J&=, D.C. fealty Construction a Development, LI c Custom Built Homes & Land Development January 13,2006 City of Salem Department of Public Services 120 Washington Street a floor Salem,Ma 01970 Attn: Joseph Nerden Dear Joe, Due to the unusual circumstances regarding 12 Almoda Street we are looking for a later of ce from the Cit y ty of Salem's Engineering depaitment on the existing conditions of the work in place.After our conversation on Thursday January 12 m r am not sure weather we need a Certificate of compliance or a letter from Salem's Conservation Commission that they to are satisfied with the work already done. My understanding is the City of Salem's Building Department may also need to give us a letter of acceptance on the existing conditions.Thank you for your assistance and we look forward to working with you to complete this project. �QSincerely, Thomas Carnevale 7 Nicole Avenue • Beverly, MA 01915 Office» 978-921-8030 Fax # 978-92I-403U JAM-17-2006 TUE 09:57 AM R.C. REALTY 976 921 4030 P. 01 D.C. Realty Construction & Development, .UC Custom Built Homes & Land Development F COMPANY NAME: ATTENTION NUMBER OF PAGES SENT 2 {INCLUDING THIS ONE) SENT BY: --7 ny ely?K�C-LiFCL ' REGA11WING: 7 Nicole Avenue .Beverly,MA 01915 Office#978-921-8030 Fax N 975-921-4030 V R.C. Fealty Conestruetion & Development, LLC Custom Built Homes & Land Development P I � January 13, 2006 �� City of Salem �•J Department of Public Services 120 Washington Street 0 floor Salem, Ma 01970 Attn: Joseph Nerden Dear Joe, Due to the unusual circumstances regarding 12 Almeda Street we are looking for a letter of acceptance from the City of Salem's Engineering department on the existing conditions of the work in place. After our conversation on Thursday January 12a' I am not sure weather we need a Certificate of compliance or a letter from Salem's Conservation Commission that they to are satisfied with the work already done. My understanding is the City of Salem's Building Department may also need to give us a letter of acceptance on the existing conditions. Thank you for your assistance and we look forward to working with you to complete this project. Sincerely`,, Thomas Carnevale 7 Nicole Avenue • Beverly, MA 01915 Office # 978-921-8030 Fax 4 978-921-4030 Frank Taormina From: Joe Nerden Sent: Thursday,January 12, 2006 4:49 PM To: Bruce Thibodeau; Thomas Stpierre; Frank Taormina; Dan Merhalski Subject: 12 Almeda Street-condition of work Gentleman, 1 just spoke with Tom Carnevalle, of Colonial Construction, the new owner/developer for the roadway extension and single family house lot. He is asking if the work to date on the retaining wall and drain pipe outfall are satisfactory to the City. I have asked Tom to submit a formal request for the items he is seeking approval and that the City will respond accordingly. Tom also asked if the project has to go through Planning Board to supply the construction bond, required by the executed legal agreement with the City. I told Tom I would check with the Planning Board Clerk. I also indicated that we need a construction schedule and that once approved the bond would based on what the City approves for the schedule. h for review n mment. If there are an other elements I will forward copies of Tom's request for royal to you each oand co e P q PP YY that need to be addressed, please also let me know about them too, so that Engineering & Con Comm can keep this project on track. Thanks, Joe Joseph E. Nerden Asst. DPW Director& Asst. City Engineer Department of Public Services 120 Washington Street, 4th Floor Salem, Massachusetts 01970 tel. 978.745.9595 x321 fax. 978.745.0349 email:inerden@salem.com 1 City of Salem Department of Planning ilt Community Development Check/Cash Receipt and Tracking Form Please complete form and make two cones. Date Received 06 Amount Received Form of Payment Check Cash CHECK PAYMENTS: write diedt number '2 390 9 CASH PAYMENTS: write dient initials 0 slgn Perm*Amocaum Fes Conservatlon Commisslon Fee Payment received for Plannkq eoard Fes what service? Q Old Town Han Rental Fee aOthw Name of staff person receiving payment >Cd n K- Additional Notes 1. GOLDMAN & MEARS CONVEYANCING ACCOUNT " - - 23909 - 30 CENTRAL STREET - PEABODY,.MA-01960 PAY DATE t pG v �8� 53-711N3113 TO THE ORDER O f; LLARS 8 m e e Danvers Savings Bank m4 ie �O�e Co/na�ntSb.�eG Wmen, AM192923-97&7 -22M /.- �s ,,. �•,.-f,�j//` - FOR IL0239091I' +': 21`1371162� 35 2O18269' Original Check and Form DPCD Finance Copy is C"O t Copy 2:Appncatlon File TINTI, QUINN, GROVER & FREY, P.C. 222 ESSEX STREET SALEM,MASSACHUSETTS 01970-3705 WILLIAM J.TINTI TELEPHONE tinti@tintilaw.com (978)745.8065 • (978)744-2948 WILLIAM B.ARDIFF(1965-1995) WILLIAM F.QUINN MARCIA MULFORD CINI WilliamFQuinn@aol.com TELECOPIER OF COUNSEL (978)745-3369 SCOTT M.CROVER www.tintil.w.com Smgrover@tintilaw.com MARC P.FREY mpfrey@tintilaw.com MARCY D.HAUBER mhauber@tintilaw.com 1/9/2006 Frank Taormina Conservation Agent 120 Washington Street Salem, MA 01970 RE: 12 Almeda Street Agarwal and McCarthy/former owners Dear Frank: Enclosed please find a check payable to the City of Salem Conservation Commission for$ 3,400.00 in full payment of the outstanding fine assessed against the above-captioned property and owners. Please advise Lynn Duncan that this obligation has been met. This check was issued from the closing account of Goldman &Mears of Peabody in conjunction with its January 6, 2006 closing of the sale of the property to Stephen Moms. A copy of that deed is attached. Any and all further regulatory issues should be addressed to Mr. Morris. I would like to express my personal thanks to you and the Commission for your patience and counsel in this matter. Very ly y urs, Williaam��D(FF..,Qui Copy: Rekha Agarwal GOLDMM & MEARS ATTORNEYS AT LAW 30 CENTRAL STREET PEABODY, MA 01960-6893 JOEL GOLDMAN (978)532-2225(PEABODY AREA) JAMES F.MEARS,JR. (781)662-6668(BOSTON AREA) (978)977-9354(FAX) January 9, 2006 Tinti, Quinn, Grover&Frey, P.C. 222 Essex Street Salem, MA 01970-3705 Attention: William F. Quinn, Esq. Re: Sale of 12 Almeda Street Lot Seller: Agarway& McCarthy Buyer: Stephen P. Morris Dear Sir/Madam: Enclosed herewith please find our conveyancing account check#23909 in the amount of $3,400.00 made payable to City of Salem Con Com. Very truly yours, OEL GOLDMAN JG/mp Enclosure a Illlllllilllllllllllllllullllllllllllllll 2006010600371 Sk;25267 PgA QUITCLAIM DEED 01/0812008 14:55:00 DEED p0 1/2 We, Rekha Agarwal of 60 Brighton Street, Belmont,Middlesex County, Massachusetts, and Sean McCarthy of 53 Oakland Street,#1, Brighton, Suffolk County,Massachusetts g Y for consideration paid and in full consideration of One Hundred Thirty Thousand ($130,000.00)Dollars Grant to Stephen Morris, individually of 84 Ipswich Road,Boxford, Essex County, Massachusetts with quitclaim covenants: Two parcels of land in Salem,Essex County,Massachusetts, being Lots numbered 50 and 51 as shown on said subdivision plan of Almeda Park owned by Frederick H. Griswold, dated July 1919,Thomas A. Appleton, C.E. Section 1,filed with Essex County South Registry of Deeds, Book 2430,Page 131,bounded and described as follows: PARCEL 1 NORTHEASTERLY: By Almeda Street as shown on said plan, sixty-two and 80/100 (62.80) feet; NORTHWESTERLY: By lot numbered 52 as shown on said plan, seventy-eight and (39/100 (78.39) feet; SOUTHWESTERLY: By land of formerly of Emma S. Almy as shown said plan seventy-nine and 34/100 (79.34)feet; s SOUTHEASTERLY: By lot numbered 50 as shown on said plan ninety-eight and 36/100 (98.36)feet. �[.ac dC a^.P'rli /�ti,<Gvll 0 f`�y¢ lru CIP,utl ,AS4e �frI Gl S4 PARCEL 2 A-e-e-Z,442C 4/r eo s"Z,4 a pI4"o NORTHEASTERLY:By Almeda Street, as shown on said Plan fifty and 00/100(50.00) feet; SOUTHEASTERLY: By Lot#49, as shown on said Plan, one hundred twenty-two and I I/100 (122.11)feet; SOUTHWESTERLY:By land of parties unknown, as shown on said Plan, fifty-five and 35/100 (55.35.)feet; NORTHWESTERLY: By Lot 51, as shown on said Plan,ninety-eight and 36/100 (98.36) feet; Containing 5,512 square feet of land,according to said Plan. S ��I �®fL115 For Grantor's title see deed recorded at the ssex South District of Registry of Deeds at Book 23124 Page 483. - Witness our hand and seal this day of 2006 4eg al an cCazthy COMMONWEALTH OF MASSACHUSETTS SUFFOLK, ss. i On this 2day of 2006,before me,the undersigned notary j public,personally appeared Rekha Agarw and Sean McCarthy,proved to me through satisfactory evidence of identification,which were a Massachusetts D v rs License,to be the persons whose name is signed on the preceding or attached doqunlknt, and acknowledged to me that she signed it voluntarily for its p Notary Pub Y p M Co ion fires: JOELGOLDMAN Notary public cammanweatth of Masaachusetis MY Commission Expires December 14,2012 DE �' ESSE:.; -DijTH i Ot!06r06 3:0<f" 01 i 000000 0.=880 FEE $sw.80 CASH $!592.80 �Jyl 27 04 03s62p miohele harrison (8781 283-9866 p.2 07/27/200/ nE la:aa FAX g a F. LLP @j0o1 Jul 27 04 09:4641 alchele harrison 19781 283-ROSC �. QCRFR B1C11VEFN T,'JiE CJTY OF 1SA[.EM AND A*!7'ft NY GIACALOIV�AND GaAc••nnncr NSTI ICl70NCOMPANY The City of Salem,Masachesetts,a municipal corporation with its usual place of business located C70 Wuhht M Street,Saks,Massachusetts.acting by and through its Deparrmem of Public Worka.C'de City)and.Andmmy Giscalox u President ofGiaalone Construction Cosparry.Inc.,a Massachusetts cotpnndon with Its usual place of busincu at 95R Maplewood Avemle,Olouem ar,Massachusetts eUacalom")hereby sate as foilows: WHEREAS,Giaoalotle iS the ow=of two parab of land in Salem,Us=County, Massachmults,being JAts m+mbsted 50 and S I as shmm on amid subdivision plan of Almeda park,owned by Frederick H.Griswold,dated July 1919,Thwaas A.Appleton,M Section 1, filed%vah the Gssex Couny South Registry of Deeds,Book 2430 Page_131;and. WHEREAS,Giaealone applied from and was denied a State and Local Wedands Permit to construct aee+ss to uid property within the layout of Aimed&Street and subsequently receive a Supercedieg Order of Conditions from tine Masseclnactts Depanmeot of EnvirommeMal ProtMion and entered into on Agreement for Judgment with the City to eonsmtet said went in accordame with the Supercatl ng Order of Condition%and, µ HERW,the City issued a cease LM desist order and seeks to have Giacatone cmsstruct access 10 the property the full width of the public section of Aimed*Street;and, qHk7tEAS,Otacsio a disputes the City authority.to issue said cease and desist order and assert that he hat the right to construct the access in aaordsmcc with the Superceding Order of Conditions;and. WHEREAS.Glacalone and the City arc desirous of avoiding the time involved in litigating these iseues: The City and Giecalone agoe as follows: 1. The City hereby Gas its auto sod desist order and Of"Alome may Construct the access to his property in accordance with the Depanmmn of raviromnrental Proteetiom Supereeding Order of Conditions. 2. Within I ZO days from the dale Of this Agreement Oiacelone shall apply to thi Salem Cowxavation Commission for an Order of Conditions to estend Alcmda Street at a paved width of approxitnatelr twenty-four(24)feet within the road layout at shown on said subdivision plan of Almcda Pot.owned by Frederick H.Otiswold,dated July 1919.Thomas A.Appleton,C.E., Section 1,filed with the Essex County South Registry of Deeds,Bouk 2430 Pogo 131,frns de end of the eatsting cutde-sac to the northwesterly property lint of Lot$1 3. prior to subrnl tang the appocadon to the Salon Conservation Commission Giacalone shall submit hit plans for the toad a%tension to the Deportment of Public Worits for their review i i vl 27 04 03152p Michele harrison (878)"283-8866 p. 3 0 /07/17/2004 71E 1s:74 FAX X A F. LIP ®002 7u1 27 04 082468 Michele harreson 19791 292-8866 p.4 AM comment. The City Shell cot impose my road des{ga Or oorabacttoll te4uhmm"upon 6tacelom tba would result is the extension being of g SAWwidth or higher eensumflon etaderds that the tatietitlS public pordw of Abnada Street.Ciae&laaa WIG extend the public setter Only @e ditance sud efts aeaauy to setvlee Led 50 MCI a eoaint the event a trance Cisesteoe deride&to catecd the public water Supply It Will Only and size aeeassry tO.servia Lola 30 and 51. 4. in the evag that&a Conservation Cvmmisss n dennaM sarkwa�DepamnaW mkcm#s application r a Order of Coudition%piscdom*,@ OPPaI dud Of Favitonnmtd Protection. S. The City and t8iacdone agree to be bound by du dekrminstion of the Massactmv;m Depsrmlmt of Environmental Protertion and bolb the City and Giacalene sbsil hereby waive their sigh,to appal the SepercedinS thda of CoadhiOm. 6. In the evest iIiattlic Selan ConSw alien Comrolssioo or the Masaachusdu Departmart of Fltvirora mtel protection approve&Cil WOWS pe&jeet a set Wh in Paragraph '2,Oiscaione droll post performance bond for the benefit of the Clty equal to the estimated con', of the road extension 7. This Agmmmmd shall be a bindiag contract under M4machusells law. Signed tbg2day of July 2004 Chy of Salern Oincalonc COnsavetion Company.Inc By: By' Amhony 'acal pmident 2 12 ALMEDA STREET DEP #64-323 &DEP #64-382 Timeline of Events March 2, 2001 Lot 50 (101/2 Almeda Street) and lot 51 (12 Almeda Street) purchased and deeded to Anthony Giacalone from Thomas Sullivan. April 23, 2001 Notice of Intent (DEP #64-323) filed with Salem Conservation Commission to construct a single-family home and driveway at 12 Almeda Street June 28, 2001 Letter from Peter Strout, City Building Commissioner/Zoning Enforcement Officer, to Debra Hurlburt, Chairman Salem Conservation Commission, stating that 101/2 and 12 Almeda Street have merged and the lot created (12 Almeda Street) qualifies as a grandfathered, nonconforming buildable lot. July 12, 2001 Salem Conservation Commission denies the proposed Notice of Intent (DEP #64- 323) because it cannot be conditioned to meet the performance standards set forth in the state Wetlands Protection Act Regulations. Nov 27, 2001 Letter form Attorney Brian Cassidy to Salem City Council President Joan Lovely, requesting an appeal to the Conservation Commissions denial of the Notice of Intent for 12 Almeda Street (DEP #64-323). Nov 30, 2001 The Salem City Council affirms the action of the Salem Conservation Commission relative to the denial of the Notice of Intent for 12 Almeda Street (DEP #64- 323). Jan 3, 2002 Giacalone Construction learn of the City Council's decision only after Attorney Brain Cassidy contacted the City Council's Office and inquired about the appeal. Jan 17, 2002 Attorney Brian Cassidy appeals the denial with the Superior Court. Sept 3, 2002 C _ Arp wWo9rcl /V A Dec 10, 2002 State DEP overturns the Salem Conservation Commission's denial and issues a Superseding Order of Conditions. The abutters to 12 Almeda Street then appeal the Superseding Order of Conditions. Sept 2, 2003 Memorandum of Decision issued by the DEP, denying the abutters appeal and approving the Superseding Order of Conditions (DEP #64-323). Superseding Order of Condition is valid for three (3)years, expires on Sept 2, 2006. April 16, 2004 Letter from Joe Nerden, Assistant City Engineer, issuing a cease and desist order to Giacalone Construction until a required Drainage and Alteration Plan and stamped engineered plans showing alterations to public right-of-way is reviewed and approved by the City Engineer. April 21, 2004 Drainage Alteration Plan submitted by Stanton Bigelow, engineer for Giacalone Construction, to Joe Nerden, Asst City Engineer. June 2, 2004 Letter from Joe Nerden, Asst City Engineer, requesting more information and detailed plans reflecting full street width development past the site of the proposed building, including extending City sewer and water. June 4, 2005 Letter from Stanton Bigelow, Engineer for Giacalone Construction, in response to the June 2nd letter from Joe Nerden, Asst City Engineer. July 13, 2004 12 Almeda Street sold and deeded to Rehka Agarwal and Sean McCarthy as joint tenants from Anthony Giacalone. July 22, 2004 Agreement between the City of Salem and Anthony Giacalone and Giacalone Construction Company to extend Almeda Street and public utilities to rear lot line. Cease and Desist Order is lifted and construction of the single-family home per Superseding Order of Condition (DEP #64-323) may commence. However the roadway widening and extension requires the filing of a Notice of Intent with the Salem Conservation Commission. Nov 26, 2004 Notice of Intent(DEP #64-382) filed with the Salem Conservation Commission to widen and extend Almeda Street and public utilities per the binding Agreement signed by the City of Salem and Anthony Giacalone and Giacalone Construction. Dec 14, 2004 Enforcement Order Issued by the Salem Conservation Commission to Anthony Giacalone for activity in violation of the Superseding Order of Conditions (DEP #64-323). Jan 25 2005 Letter from Frank Taormina Planner Conservation Agent, regarding partial / 9 9ardin compliance of the Enforcement Order. Because of the current weather conditions the Commission has deferred issuing full compliance until the weather got better. June 2, 2005 Letter from Frank Taormina, Planner/Conservation Agent, stating that the Commission held a site visit and determined that the site is still in violation of the Superseding Order of Conditions (DEP #64-323). Site must be brought into compliance within 7 days or the Commission will issue fines of$200 a day. June 24, 2005 Letter from Frank Taormina, Planner/Conservation Agent, stating that the site has not been brought into compliance and fines have begun on the property. July 14, 2005 30 days of non-compliance, $6,000 in fines and accruing $200 a day until the site has been brought into compliance and the City of Salem Conservation Agent has been notified to inspect and confirm compliance. Civil Engineering Land Surveying Environmental Consulting Landscape Architecture HANCOCK ASSOCIATES # 12344 a 22 September 2005 Dr. Rekha Agarwal 60 Brighton Street Belmont, MA 02478 RE: 12 Almeda Street Salem, Massachusetts Dear Dr. Agarwal: This is written as an initial response to a letter from the Salem Conservation Commission dated August 4, 2005 concerning violations of the outstanding Superseding Order of Conditions. I also have reference to the following documents: • Plan entitled `Proposed Extension of Almeda Street' by Stanton Bigelow P.E. (6 sheets dated October 25, 2004) • Agreement between City of Salem and Anthony Giacalone and Giacalone Construction Company • Quitclaim Deed recorded in book 23124 page 483 et seq. Essex South District Registry of Deeds • field notes and sketch—environmental notebook 32, pages 39 and 40 Existing conditions The subject property is occupied by a partially completed retaining wall, drainage system and roadway, and by a foundation hole. It abuts City of Salem land known as the `Andy's pond Lot'. It appears from the plan that approximately 500 swaure feet of wetland was filled to build the retaining wall and roadway, and that an additional area was disturbed in order to place the footings for the wall. These footings are still exposed, and are located approximately 5 feet from a haybale silt barrier along the limit of woody vegetation bordering the pond. Dominant vegetation in the disturbed area consists almost entirely of Purple Loosestrife(Lythrum salicaria). Purple Loosestrife is a non-native invasive plant capable of overwhelming not only wetland areas but disturbed upland areas as well; it is abundant throughout the area of Andy's Pond, and thus cannot be controlled or eradicated by management within the confines of your property. Nevertheless, it is not a suitable plant for wetland mitigation, and must be removed before anything else may be planted. The shrub margin of Andy's Pond is dominated by DANVERS OFFICE: MARLBOROUGH OFFICE: 185 Centre Street, Danvers, MA 01923 28 Lord Road, Suite 280, Marlborough, MA 01752 Phone: (978) 777-3050 Fax: (978) 774-7816 Phone: (508) 460-1 11 1 Fax: (508) 460-1121 www.hancockassociates.com various species of Willows, and by a narrow strip of emergent vegetation within the pond itself. The plans indicate two small areas of proposed wetland replication located immediately adjacent to the retaining wall and in close proximity to the pond. It appears that these areas have been cleared and may have been brought to appropriate grades(and thus might be planted immediately). I have not verified either grade or hydrology, and would therefore be very reluctant to proceed with plantings until the spring. In the interim, however, these areas should be cleared of the existing Loosestrife, seeded and mulched to stabilize them over the winter. A good deal of the nearby upland should also be stabilized with temporary seeding and mulch, to provide a buffer for the wetland and to inhibit further growth of Loosestrife. I have attached a seed specification for this (temporary) stabilization. Many of the components of the temporary seed mixture are plants capable of growing upon poor soils. The organic matter produced in the first season's growth of this temporary mix will contribute to the long-term well-being of the design plantings. The total mitigation area(including the disturbed area along the retaining wall) is a narrow strip approximately 150 feet long and averaging approximately 5 feet in width. I recommend a dense planting of Alders (Alnus rugosa) on 8 foot centers. This would require (18) 3-4 foot conservation grade plants. A second (spring) seeding of a wetland mitigation seed mix will introduce a variety of herbaceous plants and shrubs to the understory. The Alders should survive occasional inunation. It seems that the water levels in Andy's Pod frequently flood the planting area. If this proves to be the case, the plantings might be adjusted to include Buttonbush (Cephalanthus occidentalts). The recommended temporary seeding and a couple of observations over the winter would answer this question before you have to commit to planting nursery stock. When I have had a chance to review the Conservation Commission's letter and the site in more detail, I may offer additional recommendations. (This has been written in some haste, in order to provide a response for the next scheduled meeting of the Commission.) If you have any questions, please contact me at your convenience. Hancock Associates ohn Dick, P.L.S. entist New England Logging Road Seed Mix (temporary seeding) This mix was originally designed for restoring Maine logging roads,but has application on other types of restoration sites. Provides native plant cover in low fertility soils. SPECIES Switchgrass (Panicum virgatum),Creeping Red Fescue(Festuca rubra),Little Bluestem (Schizachyrium scoparium),Big Bluestem (Andropogon gerardii), Deertongue(Panicum clandestinum),Indian Grass (Sorghastrum nutans),Partridge Pea (Chamaecrista fasciculata),Swamp Milkweed(Asclepias incarnata),Soft Rush (Juncus effusus),Silky Smooth Aster(Aster laevis),Flat Top Aster(Aster umbellatus),Showy Tick-Trefoil (Desmodium canadense). New England Roadside Matrix Wet Meadow Seed Mix (interplant with shrubs) SPECIES GRASSES Switchgrass (Panicum virgatum),Creeping Red Fescue(Festuca rubra),Riverbank Wild Rye(Elymus raparius) WILDFLOWERS Nodding Bur-marigold(Bidens cernua),Blue Vervain(Verbena hastata),Flat-top Aster(Aster umbellatus),Spotted Joe-Pye Weed(Eupatorium maculatum),Boneset (Eupatorium maculatum). SHRUBS Arrowwood(Viburnum dentatum),Silky Dogwood(Corpus amomum),Steeplebush (Spirea tomentosa). Civil Engineering Land Surveying Wetland Science Landscape Architecture 13323 August 8, 2008 HANCOCK City of Salem ASSOCIATES Conservation Commission 120 Washington Street Salem, MA 01970 RE: 12 Almeda Street Wetland Replication Status Report Request for a Certificate of Compliance DEP File# 64-0323 & #64-382 Dear Chairman, The purpose of this letter is to update the Commission on the Wetland Replication efforts to date and to request that the Commission issue Certificates of Compliance for the above stated file numbers. The eastern portion of the wetland replication area was completed in the fall of 2007, and a planting report was provided to the Commission at that time. The replication area has been completed in substantial compliance with the Wetland Restoration Plan as approved by the Commission in the above stated Order of Conditions. The presence of the ledge decreased the amount of plants that can be installed in the replication area, and as such 5 winterberry shrubs (Ilex verticillata) were installed. The home and roadway construction was completed prior to 2007 and an As-built plan depicting the location of the structures has been provided for your review. The replication area is densely vegetated and the applicant has been removing invasive species by hand. The perimeter of the pond is ringed by common reed (Phragmites australis) and purple loosestrife (Lythrum salicaria), and as such it would not appear that removing these species from the replication area would prove to be sustainable in the future. I have attached several photographs for your review. Please do not hesitate to contact me if you have any questions or are in need of further information. Sincerely, Hancock Associates Thomasd' eo t Environmental Division Manager DANVERS,MA MARLBOROUGH, MA LAKEVILLE,MA SALEM, NH 185 Centre Street 315 Elm Street 4 Freetown street PO. Box 205 Danvers,MA 01923 Marlborough,MA 01752 Lakeville, MA 02347 Salem, NH 03079 Phone:(9781777-3050 Phone: 1508J 460-1111 Phone: (508)923-1002 Phone: (603)898-3491 Fax:19781 774.7816 Fax: 1508)460-1121 Fax: (508)923.0022 Fax: (603)898-6263 www.hancockassociates.com y��V 40.7-" r R'<- ��a � fl•T ij ��rl,17i ar�le"�i yJ_��I, i {i '�tM1�,k'�'� C•• '" �h va. ass.;°r� � 1 �r.1+�' d;,x }/� u�r.•i�4,r �}.I` 1;"4'r1<x ,w k X£( 4L•1 'Z">'N /) TUI' y ✓i < � ' .s`3 s � `c` fyU . �o-. • � d _.''� +at pus K. ?s.� a,n ),r yP �'t >� �./['3v y S.1•Y6. bl.i 4 x 3�,"} .n��t`4.�,,sd, 'F� 4 �'Y c��'4 r ':�'r'ti". = 7' t,•rr 1 «. T rd '*s. y'�P '�'� rtd�g�+�--y-•.)+.. E �aF -h�'t- 2{��( �kV..�r' Cj!'^S�.JC� LM�,��"__ R+' .:Sc f Sx t �.�y y i Ji t�f♦ 3. 1 r t T V r t 4te y v« J m'k V9 �2Si L A��45 •y ® � �f�� t��,.r��.i�..Iy�J � 4. ml I� 1 �1r w " v y i II c' � 471 b4 yt' z 'R�.7 �u'r' 'a� �x �r -�-Y•k�'TCe•y�•'+�'.f�y��^f s2 .''�{4 ,.! �d✓,.s J�.c�Y l��r/�S..��'1L`:"ia��f'SY ykf' d.�'xS%:P+'saar•3'r .f +Y'-Tp /tir ,^ r �?.�Sp s"µk -. M.r I��.. #'d... _Y`_ar rf'�vu^1Yf^i" k� �Fy L✓'te � -•i' _� `� ;Mr t r{. ;'r�hL9 4 IR$" ,yggfayy'�pwt'�+s �, ` �,i["'s"x3 tso,.r '.,,+"'`• kill f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: )` WPA Form 8A — Request for Certificate of Compliance 64-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This request is being made by: forms on the Stephen Morris computer, use Name only the tab key to move 45 Bridge Street your cursor- Mailing Address do not use the Salem MA 01970 return key. Cityrrown State Zip Code Phone Number 8 � Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: Rehka Ararwal Applicant 12/9/05 64-382 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in 12 Almeda Street Salem an Order of Street Address cityrrown Conditions,the property owner 14 197 must request a Assessors Map/Plat Number Parcel/Lot Number Certificate of 4. The final Order of Conditions was recorded at the Registry of Deeds for: Compliance 9 Y from the issuing Rehka Ararwal authority Stating Property Owner(if different) that the work or Essex(south) 25363 28 portion of the work has been County Book Page satisfactorily completed. Certificate(if registered land) 5. This request is for certification that(check one): ® the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ the following portions of the work regulated by the above-referenced Order of Conditions have been satisfactorily completed (use additional paper if necessary). ❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the work regulated by it was never started. wpaform8a.doc-rev 7/13104 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance 64-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information (cont.) 6. Did the Order of Conditions for this project, or the portion of the project subject to this request, contain an approval of any plans stamped by a registered professional engineer, architect, landscape architect, or land surveyor? ® Yes If yes, attach a written statement by such a professional certifying substantial compliance with the plans and describing what deviation, if any, exists from the plans approved in the Order. ❑ No B. Submittal Requirements Requests for Certificates of Compliance should be directed to the issuing authority that issued the final Order of Conditions (OOC). If the project received an OOC from the Conservation Commission, submit this request to that Commission. If the project was issued a Superseding Order of Conditions or was the subject of an Adjudicatory Hearing Final Decision, submit this request to the appropriate DEP Regional Office(see Attachment). wpaform8a.doc•rev.7/13104 Page 2 of 2 i cs�"�' �4s{fry 1✓ o •� �. :. C` � t <Y �sf } +s _ �`gy. i '""..'�Ir� '�'- t:'�✓�,�-ic�c'rr*' yry`: 4 j��'Tya �� fi� \ tr i �j ' "` f% •; �' . '1 � 'Y�..� r�1'-. �'yy�++ �aa" �a�+�k�`�y� a ��;�� pF \y Y �['p'� 1` b 1.,; �`s r x}rl �a i1+�.++��.'4 ` �"1 +';... �-! .t'... "A' +R;♦°� r-s.�.k'� It 5a t t ,,.• v z.,�y IwSY, �.1 s ��'x�a. kf zid Y�:tF�#i ' rtvY f 9 "i' {+ter riR' r r tiM��'� �1'ry"l_dax''t�.`�``, '•; +lei ••� A ��. wR +y 1a "- �a .1�` Cam" -..�. �+k �d♦ � � E+v 'iJ +�''''+. a« 'ry,` i ny��. � iv."�C �"'•�q, `�}��8x �.}� ti'�tq�x,'*t--.�Llr y' 'a' 4 `' . ',�-, 4 ♦\ ti �a� .L�jF��aS¢n�L ' IA yjy'•i k.r.f it T ar~ xl \ 4 1 �".1r V. • 1� .. yb. v� }k-F ay � f �'� t#$'9 X'\`� +r:�'�`4a�rl`a ^ �'. - vl R• . .e' ! ,+l','!S F f• _"I'Cv h � t a v iy� T �. ♦ ti\ �.+i',x f x ✓y;��tx y � U' ' s 1i a e, ria y1 .j ♦L.Sf`� 1 } I illy, � a r, t �"�� ."^��t�. -'may, �`` �..�"�B♦ •Fxr.il�•s,� v D R �1�'M a � .0 cI Ll ..... nta LY'1 ♦'` .td . AI Z • h`• 1.. ♦ � r," 1. •, �y,�y1;y:S + f � `.. 5� "� �t 3'r a, \,'tn +�C.e"'.� `�tx r .: ai♦ a ,�„� V ti:t,� �;."�`iy r F' y -w•.,x�� ,yva•i ;�`?•�`r � i � S 4k ♦,s{� �g 91vG�. AL'a"MF+J*Wy+ v>'i�'.� �,C,;� w�C*ot'�`{. ♦4�� age r,,^,�,.° ryes+ f1 ivy` d. _.`a. ��'j�y:.tlA '3�"l •{tt`�'� .i'}' -t` ice}Yi'i7 f r. L .•9 .0 .,,.�� y1 i e �� r, s� �� ,,... p• y.,n r(r MY, r q P'7 Y "k � 4 � 1 t ,Y«� �� 1+v.1� t r4�`lf,?: �.rj � ::. dz � t' �'• 'tw. { a " �''"s '��iA + �"' ,�.o7tn v' :'4 �v.ii,i`y�.�+"• s $r�SK C6. F��a��.��7a�S'kF �` y i �,,;jj'��"' �� y�,��` .y a: f"� �L a y,">,y�> ;. Z �" i}h } .r + ,s„ ti: 3 n d�„pp�r,�•:'+1 tom+ )p .ya^` �;a.>`�" t'E fkY+w�#� � j.'"��, r�'i�'F;'��yt 'l+�� ,.�, w�t� y++ �� ..•��'AL+,�. .7y� ,F .�s. 7 .� '3&il��`�� ye kl�}�'"'#:. w k R y sY�� a ., f 3n ' Y "C xx,, A N.. �... i i� .Y Ili. �i�•��}^`.'��: r' S j}� ,Y „ 1 /�Y�1r�� .xt�-�+r�1v '? � �l Y+ Sv • �v �,+� '�,t^, tk r r�'s. ✓� I��}t��'y`��s Nitl ai;S'x"1Sh 4a:fltih.'k W �.-f ��' }'..N.�iRt• a lM"j't • r Jam`' x, yJ •'fia � i� .�t e Y :.•'^av6� � `..A �lt�� t�� t,C*',�.�Rk.V�tiy2_ + '�•t 3.�K -Yy+�1,W 1+ iJ.^�5�} t ., r x{ '" � Tt r � w�T Wj�� a�.'A Qf"��1 �-tli� f t� 4t�'S+��F ��•+1c�a. a (,^y+- av � C� �'P i � "\ W %'•`5pn roi. ?X... " t a e,fi:,l,. i 1_'�^�.a8,yip�.y�.�'ti Al r '"kJ�,r3 s ,, :,,1 f1:'.�K, t r "( �• �1 � +,y '� ''• ,.. •a `Tsn` +•r �„"�; a. xa+. ( �r-{ .idi'S�t Fc rFe � �{C�4 !w i 'R y ��f++�.'.# . •�"_"s . �, .y,._�.. ] , .� .. elY+r N �h Ai�1N} - ��t l"!Sl`. S•t i ` # � }�\ y r,��q i t!4`�b� . +...+ � � usr�° .�t17� / 4Y� Jw;�(i •. 7R. s , w�"V r. \SF: . tiq ,K�e4#r:,i.Y 1 p, �'.• a ;if t fIx YXtea.. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 — Order of Conditions #64-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 \ A. General Information IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Important: Salem 2006021000072 Bk;25363 P ;28 When filling From: 1.conservation Commission 02/10/2006 09:36:00 OTHER Ps 1/14 out forms on the computer, 2. This issuance is for(check one)`. a. Order of conditions b. ❑ Amended Order of Conditions use only the tab key to 3. To: Applicant: move your cursor-do not Rehka Agarwal use the return a.First Name b.Last Name C.Company key. 60 Brighton Street d Mailing Address vv�'=A Belmont MA 02478 e.City/town f.State g.Zip Code �^ 4. Property Owner(if different from applicant): a.First Name b.Last Name c.Company d.Mailing Address e.City/Town f.State g.Zip Code 6. Project Location: 12 Almeda Street Salem a.Street Address b.City/Town MAP14 LOT197 c.Assessors Map/Plat Number d.Parcelll.ot Number Latitude and Longitude, if known(note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6: Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate 6 23124 ( registered land) 483 a Book d.Page 7. Dates: November 29, 2004 December 9, 2005 December 9 2005 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance 8. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Proposed Extension of Almeda Street a.Plan Tine Stanton W. Bigelow M.S. P E Stanton Warren Bigelow, b.Prepared By c.Signed and Stamped by October 25, 2004 1"= 10' d.Final Revision Date e.Scale f.Additional Plan or Document TRIe g.Date mpaf=i5.dm• rev.3/1105 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important Salem When filling From: 1.Conservation Commission out forms on the computer, 2. This issuance is for(check one): a. N Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant move your cursor-do not Rehka Agarwal use the return a.First Name b.Last Name c.Company key. 60 Brighton Street d.Mailing Address a1 Belmont MA 02478 a.Cityrrown f.State g.Zip Code ^� 4. Property Owner(if different from applicant): a.First Name b.Last Name - c.Company d.Mailing Address e.Cityrrown f.State g.Zip Code 5. Project Location: 12 Almeda Street Salem a.Street Address b.City/Town MAP14 LOT 197 c.Assessors MapJPlat Number d.ParoeVLot Number Latitude and Longitude, if known(note: electronic filers will click for GIS bettor): e.Latitude f.Longitude s. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certrfirate(If registered land) 23124 483 c.Book it.Page 7. Dates: November 29,2004 December 9, 2005 December 9 2005 a.Date Notice of Intent Filed b.Date Public Hearing Closed c.Date of Issuance e. Final Approved Plans and Other Documents(attach additional plan or document references as needed): Proposed Extension of Almeda Street a.Plan Title Stanton W. Bigelow M.S. P.E. Stanton Warren Bigelow D.Prepared By c.Signed and Stamped by October 25, 2004 V= 10' it.Final Revision Date a.Sale I.Adddronal Plan or Document Title g Date vgsrorm5.doc•rev.3ng5 Page 1 Of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings t. Findings pursuant to the Massachusetts Wetlands Protection Act Following the review of the above-referenced Notice of Intent and based on the information provided in this application and presented at the public hearing, this Commission finds that the areas in which work is proposed is significant to the following interests of the Wetlands Protection Act Check all that apply. a. Public Water Supply b. ❑ Land Containing Shellfish c. Prevention of Pollution d. Private Water Supply e. 0 Fisheries f. Protection of Wildlife Habitat g. Groundwater Supply h. 0 Storm Damage Prevention i. Flood Control 2. This Commission hereby finds the project,as proposed, is:(check one of the following boxes) Approved subject to: a. 0 the following conditions which are necessary in accordance with the performance standards set forth in the wetlands regulations. This Commission orders that all work shall be performed in accordance with the Notice of Intent referenced above,the following General Conditions, and any other special conditions attached to this Order. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, these conditions shall control. Denied because: b. ❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland regulations. Therefore, work on this project may not go forward unless and until a new Notice of Intent is submitted which provides measures which are adequate to protect these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the Acrs interests, and a final Order of Conditions is issued.A description of the specific Information which Is lacking and why it is necessary is attached to this Order as per 310 CMR 10.05(6)(c). Inland Resource Area Impacts:Check all that apply below. (For Approvals Only) 3. ❑ Buffer Zone Impacts: Shortest distance between limit of project disturbance and wetland boundary(if available) i linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement a. El Bank a.linear feet b.linear feet c.linear feet d.linear feet 5. a Bordering Vegetated 500 500 750 750 Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodles a.square feet b.square feet c.square feet d.square feet and Waterways e.dr.yd dredged f.a.yd dredged Wpa(Mn5.clue• W.311105 Page 2 or 9 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions #fa-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cunt.) Resource Area Proposed Permitted Proposed Permitted 7. El Bordering land Alteration Alteration Replacement Replacement Subject to Flooding a.square feat b.square feet c.square feet d.square feet Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet a. ❑ Isolated land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ RlVerfront area a.total sq.feet b.total sq.feet Sq It within 100 ft c square feet d.square feet e.square feet f.square feet Sq ft between 100-200 ft g.square feet h.square feet i.square feet j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) to. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ❑ Land Under the Ocean a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c,dy noudshmt. d.cly noudshmt. 14. ❑ Coastal Dunes a.square feet b.square feet c.dy nourishmt. d.dy noudshmt 15. ❑ Coastal Banks a.linear feet b. linear feat 16. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet is. ❑ Land Under Salt Ponds a. uare feet sq b. square feet c d..cu.yd dredged cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. El Land Subject to Coastal Storm Flowage a.square feet b.square feet wpalom5.dw rev.311M Vapa 3 of a l Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-382 Massachusetts Wetlands Protection Act M.G.I. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 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. 2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the perrnittee or any other person of the necessity of complying with all other applicable federal, state,or local statutes, ordinances, bylaws,or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: a. the work is a maintenance dredging project as provided for in the Act; or b. the time for completion has been extended to a specified date more than three years, but less than five years, from the date of issuance. If this Order is intended to be valid for more than three years,the extension date and the special circumstances warranting the extended time period are set forth as a special condition in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse, rubbish,or debris, including but not limited to lumber, bricks,plaster,wire, lath, paper, cardboard, pipe,fires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing. 7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such an appeal has been taken, until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Order has become final and then has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of the registered land, the Final Order shall also be noted on the Land Court Certificate of T"dle of the owner of the land upon which the proposed work is done. The recording information shall be submitted to this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP"j "File Number #64-382 " wpefmm5.d0c-rev.311g5 - Pape 4 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance(WPA Form 8A)to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work,and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means.Af no time shall sediments be deposited in a wetland or water body. During construction, the applicant or his/her designee shall inspect the erosion controls on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately control any erosion problems that occur at the site and shall also immediately notify the Conservation Commission,which reserves the right to require additional erosion and/or damage prevention controls it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of work line has been approved by this Order. 18. All work associated with this Order is required to comply with the Massachusetts Stonnwater Policy Standards. Special Conditions: If you need more See Attached Sheet space for additional conditions, select box to attach a text document N w.P&WM .eoe• rev.3n10.5 Peas 5 as Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions ;6I-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance t. Is a municipal wetlands bylaw or ordinance applicable? ❑ Yes ❑ No z. The hereby finds(check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a.Municipal Ordinance or Bylaw b.Citation Therefore,work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. a. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw. a.Municipal Ordinance or Bylaw b.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the Conditions shall control. s you ac nod n101e a The special conditions relating to municipal ordinance or space for 9 P bylaw are as follows: additional conditions, select box to attach a text document ❑ rpa(ame.ex• w3MMS Paweas Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special December 8, 2005 condition pursuant to General Conditions#4, from the date of issuance. 1.Date of Issuance Please indicate the number of members who will sign this form: five(5) This Order must be signed by a majority of the Conservation Commission. 2.Number of Signers The Order must be mailed by certified mail(return receipt requested)or hand delivered to the applicant A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protection Regional Office, if not filing electronically, and the property owner, if different from applicant Signatures:v v1-�- No ry Acknowledgement Commonwealth of Massachusetts County of Essex On this 8th December 2005 Day of Month Year Before me, the undersigned Notary Public, Kevin Comacchio, Michael Blier, Kevin Carr, personally appeared Keith Glidden, &Joe Fumed proved to me through satisfactory evidence of identification,which wastwere personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document,and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem City/rovm Conservation Commissiom, FRANK TAORMINA Notary Public Commonwealth of Massachusetts My Commission Expires . A ril p 27,2012 Sig re of Notary Printed Nar ee Note Public Place notary seal and/or any stamp above ,y;0 My Commmon Expires(Date This Order is issued to the applicant as follows: ❑ by hand delivery on ® by certified mail, return receipt requested,on Date Date wpeMn&doc• rev.311005 Pepe 7 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant,the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant Any appellants seeking to appeal the Departrnenrs Superseding Order associated with this appeal will be required to demonstrate prior participation in the review of this project. Previous participation in the permit proceeding means the submission of written information to the Conservation Commission prior to the close of the public hearing, requesting a Superseding Order or Determination,or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131,§40)and is inconsistent with the wetlands regulations(310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,the Department has no appellate jurisdiction. Section G,Recording Infonnation Is available on the following page. wpmomns.doe• rev.9MN5 Papa of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number. WPA Form 5 - Order of Conditions #64-382 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. SALEM Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. ----------------••-------------------- ------------------------------------------------------------------- ---------- To: SALEM Conservation Commission Please be advised that the Order of Conditions for the Project at: 12 Almeda Street DEP#64-382 Project Location DEP File Number Has been recorded at the Registry of Deeds of: ESSEX County Book Page for: Rehka Agarwal&Sean McCarthy Property Owner and has been noted in the chain of title of the affected property in: Book pays In accordance with the Order of Conditions issued on: Date If recorded land, the instrument number identifying this transaction is: Instrument Number If registered land, the document number identifying this transaction is: Document Number Signature or Applicant wpolonn5.acc• rev.31105 Page 9 d 9 Attachment to Order of Conditions#64-382 Page 1of SALEM CONSERVATION COMMISSION DEP FILE#64-382 12 Almeda Street(roadway extension) City of Salem,Massachusetts ADDMONAL FINDINGS Based on the Estimated Habitats or Rare Wildlife and Certified Vernal Pools Map (June 1, 2003) from Natural Heritage&Endangered Species Program(NHESP)of the Massachusetts Division of Fisheries and Wildlife,it has been determined that this project does not occur near any habitat of state listed rare wildlife species nor contains any venial pools. This Order is issued under the Massachusetts Wetlands Protection Act,M.G.L.Chapter 131,Section 40 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. This Order permits the extension of Almeda Street to the rear lot line of 12 Almeda Street according to the approved Site Plans(titled Proposed Extension of Almeda Street,dated Oct 25,2004)and the written Agreement between the City of Salem and the property owner of 12 Almeda Street(dated July 22,2004). This order also permits the filling of approximately 500 square feet of BV W and the replication of 750 square feet of BV W per to the approved Replication and Planting Plan provided by Hancock Associates(dated September 22,2005). GENERAL CONDITIONS 1. This Order of Conditions must be recorded in its entirety(all 6 pages)at the Essex County Registry of Deeds or the Land Court for the district in which the land is located,after the expiration of the 10-day appeal period and within 30 days of the issuance. A copy of the recording information most be submitted to the Salem Conservation Commission before any work approved in this Order commences. 2. Approval of this application does not constitute compliance with any law or regulation other than M.G.L Chapter 131,Section 40,Wetlands Regulations 310 CMR 10.00 and the City of Salem Wetlands Protection Ordinance,Salem Code Chapter 34,Section 34-1 —34-13. 3. All work shall be performed in accordance with this Order of Conditions and approved site plan(s). No alteration of wetland resource areas or associated buffer zones,other than that approved in this Order, shall occur on this property without prior approval from the Commission. 4. Prior to any work commencing,a sign shall be displayed showing DEP File#64-382,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. Attachment to Order of Conditions# 64-382 Page 2of 6 a.. 7. The Commission or its Agent,officers,or employees shall have the right to enter and inspect the property at any time for compliance with the conditions of this Order,the Wetlands Protection Act MGL Chapter 131, Section 40,the Wetlands Regulations 310 CMR 10.00,and shall have the right to require any data or documentation that it deems necessary for that evaluation. 8. The term"Applicant"as used in this Order of Conditions shall refer to the owner,any successor in interest,or successor in control of the property referenced in the Notice of Intent and supporting documents and this Order of Conditions. The Commission shall be notified in writing within 30 days of all transfers of title of any portion of the property that takes place prior to issuance of the Certificate of Compliance. 9. It is the responsibility of the applicant to procure all other applicable federal, state and local permits and approvals associated with this project These permits may include but are not necessarily limited to the following: (1) Section 404 of the Federal Water Pollution Control Act(P.L.92-500,86 stat. 816),U.S.Army Corps of Engineers. (2) Water Quality Certification in accordance with the Federal Water Pollution Control under authority of sec.27(5)of Chapter 21 of the Massachusetts General Laws as codified in 314 CUR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G.L.Ch.21 A ss7 and 314 CMR 7.00. Any Board of Health permit for septic system design for any portion of the septic system within 100 feet of wetlands shall be submitted to the Commission prior to construction initiation. (4) Design Requirements for Construction in Floodplains under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. i t. All work shall be performed so as to ensure that there will be no sedimentation into wetlands and surface waters during construction or after completion of the project. 12. The Commission or its Agent shall have the discretion to modify the erosion/siltation control methods and boundary during construction if necessary. 13. The Commission reserves the right to impose additional conditions on portions of this project or this site to mitigate any actual or potential impacts resulting from the work herein permitted. 14. The work shall conform to the following attached plans and special conditions: Find Approved Plans Proposed Extension of Almeda Street (Title) October 25,2004 (Dated) Stanton Warren Bigelow (Signed and Stamped by) City of Salem Conservation Commission (OnJk with) N Attachment to Order of Conditions #64-382 Page 3of 15. Any proposed changes in the approved plan(s)or any deviation in construction from the approved plan(s)shall require the applicant to file a Notice of Project Chanee with the Commission. The Notice shall be accompanied by a written inquiry prior to their implementation in the field,as to whether the change(s)is substantial enough to require filing a new Notice of Intent or a request to correct or amend this Order of Conditions. A copy of such request shall at the same time be sent to the Department of Environmental Protection. 16. In conjunction with the sale of this property or any portion thereof before a Certificate of Compliance has been issued,the applicant or current landowner shall submit to the Commission a statement signed by the buyer that he/she is aware of an outstanding Order of Conditions on the property and has received a copy of the Order of Conditions. 17. Condition Number #51 as indicated shall continue in force beyond the Certificate of Compliance,in perpetuity,and shall];;referenced to in all future deeds to this property. PRIOR TO CONSTRUCTION 18. Prior to the commencement of any activity on this site other than activities listed above,there shall be a Pre-Construction Meeting between the project supervisor,the contractor responsible for the work,and a member of the Conservation Commission or its Administrator to ensure that the requirements of the Order of Conditions are understood. The staked erosion control line shall be adjusted,if necessary,during the pre-construction meeting. Please contact the Conservation Commission Agent at(978)745-9595 ext 311 at least for"ight(48)hours prior to any activity to arrange for the pre-construction meeting. 19. Prior to the pre-construction meeting and commencement of any activity on this site,sedimentation and erosion control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or its Administrator shall inspect and approve the erosion control measure at the pre- construction meeting. 20, No clearing of vegetation,including trees,or disturbance of soil shall occur prior to the pre-construction meeting. Minimal disturbance of shrubs and herbaceous plants shall be allowed prior to the pre- construction meeting if absolutely necessary in order to place erosion control stakes where required. 21. There shall be twenty(20)hay bales and wooden stakes under cover on the site to be used only for emergency erosion control. EROSION CONTROL 22. Appropriate erosion control devices shall be in place prior to the beginning of any phase of construction, and shall be maintained during construction in the wetland areas and buffer zones. The erosion control specifications provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards for this project;the Commission may require additional measures. 23. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource areas to prevent sediment from entering wetland resource areas. 24. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated silt adjacent to the barriers shall be removed. 25. The area of construction shall remain in a stable condition at the close of each construction day. a Attachment to Order of Conditions#64-382 Page 4of d 26. Any de-watering of trenches or other excavation required during construction shall be conducted so as to prevent siltation of wetland resource areas. All discharge from de-watering activities shall be filtered through hay bale sediment traps, silt filter bags or other means approved by the Commission or its Administrator. 27. Within thirty(30)days of completion of construction on any given portion of the project,all disturbed areas in the completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using sufficient top soil to assure long-term stabilization of disturbed areas. 28. If soils are to be disturbed for longer that two(2)months,a temporary cover of rye or other grass should be established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed surface shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils from being washed by rain or flooding. DURING CONSTRUCTION 29. A copy of this Order of Conditions and the plan(s)approved in this Order shall be available on site at all times when work is in progress. 30. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 31. All waste products,grubbed slumps,slash,construction materials,etc.shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 32. Cement trucks shall not be washed out in any wetland resource or buffer zone area,nor into any drainage system. Any deposit of cement or concrete products into a buffer zone or wetland resource area shall be immediately removed. 33. All exposed sub-soils shall be covered by a minimum of three(3)inches of quality screened loam topsoil prior to seeding and final stabilization. 34. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter sift from stormwater before it enters the drainage system. 35. There shall be no pumping of water from wetland resource areas. 36. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 37. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 38. The applicant is herby notified that failure to comply with all requirements herein may result in the issuance of enforcement actions by the Conservation Commission including,but not limited to,civil administrative penalties under NLG.L Chapter 21A,section 16. AFTER CONSTRUCTION 39. Upon completion of construction and final soil stabilization,the applicant shall submit the following to the Conservation Commission to request a Certificate of Compliance(COC): (1) A Completed Request for a Certificate of Compliance form(WPA Form 8A or other form if required by the Conservation Commission at the time of request). Attachment to Order of Conditions# 64-382 Page�of G (2) A letter from a Registered Professional Engineer certifying compliance of the property with this Order of Conditions. (3) An"As-Built"plan signed and stamped by a Registered Professional Engineer or Land Surveyor showing post-construction conditions within all areas under the jurisdiction of the Massachusetts Wetlands Protection AcL This plan shall include at a minimum: (a) All wetland resource area boundaries with associated buffer zones and regulatory setback areas taken from the plan(s)approved in this Order of Conditions; (b) Locations and elevations of all stormwater management conveyances,structures and best management designs,including foundation drains,constructed under this Order within any wetland resource area or butler zone; (c) Distances from any structures constructed under this Order to wetland resource areas- "structures"include,but are not limited to,all buildings,septic system components,wells, utility lines,fences,retaining walls,and roads/driveways; (d) A line delineating the limit of work-`work"includes any filling,excavating and/or disturbance of soils or vegetation approved under this Order; 40. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds and a copy of the recording submitted to the Salem Conservation Commission. 41. If the completed work differs from that in the original plans and conditions,the report must specify how the work differs;at which time the applicant shall first request a modification to the Order. Only upon review and approval by the Commission,may the applicant request in writing a Certificate of Compliance as described above. 42. Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Administrator has authorized their removal. REPLICATION OF BOARDERING VEGETATED WETLAND 43. Prior to the Pre-Activity Meeting and commencement of any activity on this site,the applicant or current landowner shall provide the Commission with the name of a qualified"Wetlands Specialst" (qualifications subject to approval of the Commission)experienced in wetland replication who shag be present on site to direct and supervise the replication work 44. Prior to the Pre-Activity Meeting and commencement of any activity on this site,the borders of both the wetland resource area(s)to be altered and the replication area(s)shall be clearly delineated by grade stakes set in place by field survey. 45. Prior to any alteration of wetland resource area,the wetland replication area(s)shall be constructed per the approved wetland replication site plan and wetland replication methodology(provided by Hancock Associates dated Sept 22,2005)to this Order. The wetland replication area shall be excavated in the location and to the size and elevation indicated on the approved wetland replication site plan. 46. Following construction of the wetland alteration and replication areas and prior to any other work on site, the Wetlands Specialist shall certify in writing to the Commission that both the wetland alteration and replication work has been performed in compliance with the Order of Conditions. An"As-built'plan of both the alteration and replication areas,signed and stamped by a Registered Professional Engineer or Re gistered istered Professional Land Surveyor,shall be submitted to the Commission along with the written certification and a partial Certificate of Compliance is requested. Said plan shall show the location and size calculated in square feet for the alteration area;as well as the subsurface and finish grade elevations for the v Attachment to Order of Conditions #64-382 Page 6,of 8 replication area No other work may proceed on this site(except the work ondined in condition#53) until the wetland alteration and replication certification and as-built plan have been submitted and approved by the Conservation Commission and a partial Certificate of Compliance is issued. 47. if the wetland replication area does not exhibit at least fifty(50)percent coverage of indigenous wetland indicator species by the end of the fast growing season,the applicant shall supplement the plantings with indigenous wetland indicator species obtained via transplantation from adjacent wetland areas or from a nursery specializing in the propagation of wetland plants. 48. The Wetland Specialist shall monitor the soil horizons and depths,plant community composition and structure,and hydrology of the wetland replication area. Monitoring inspections shall occur in June and September for two complete growing seasons following completion of construction. Monitoring shall continue beyond that date if the wetland replication area does not exhibit at least seventy-five(75)percent coverage of indigenous wetland indicator species at the end of the second complete growing season. 49. Luring each monitoring inspection,the Wetland Specialist shall perform a vegetation analysis at each plot location. The analysis shall document all vegetation species within each plot by common and scientific name,wetland indicator status,and percent coverage. Total percent coverage of all INDIGENOUS wetland indicator species within the plot area shall also be documented. Copies of the documentation for each monitoring inspection shall be submitted to the Commission immediately following each inspection. 50. In the event that the wetland replication area does not meet the Performance Standard for wetland replication as set forth in Section 10.55(4)(b)(1-7)of the Massachusetts Wetlands Protection Act Regulations,the Wetland Specialist shall submit a wetland replication Contingency Plan in writing to the Commission. The Contingency Plan shall describe proposed measures(such as additional plantings and/or changes in grading)designed to bring the replication area into compliance with said regulations.The Contingency Plan shall not be implemented until it has been reviewed and approved by the Commission or its Administrator. PERPETUAL CONDITIONS 51. The approved Operation and Maintenance Plan(dated December 1,2005)for the Stormwater Management System shall be enforced beyond the issuance of a Certificate of Compliance and shall be the responsibility of the property owner as outlined in the O&M Plan. ADDITIONAL CONDITIONS 52. The applicant shall post a performance bond for the benefit of the City equal to the estimate cost of the road extension. No work shall commence until the performance bond has been posted and proof of bond establishment has been forwarded to the Conservation Commission. 53. The applicant shall finish the retaining wall associated with the roadway extension prior to replication. Once the retaining wall is completed,the applicant must complete the replication of wetlands per this Order of Conditions and per the approved Planting and Replication Plan provided by Hancock Associates(dated September 22,2005).No planting and replication work shall occur until spring of 2006. r#�_ tv`H .v- 4 '� 4 �. f A yi•�.�.§ .s c . ."try 7.�:. �r "t• i'0.7x .p M t ,y#/ ♦t:'1 ,e, r y. �� ti 1. 41 � }, Yn .xr"x I, #, wwrd� l�•y, $1.qy `. �5,yr �. # +3 ` y'F�Z ♦+�F.�y,•r��4.rti . 1h 'i �...� � tid`4-7 � �X4i r' �s'�(� y^R<y b �. t6, *_ vle r .n } JI K' • ,. e6eel C�i . � , � y fir`' , . o,. 'aA� `9M1i.4�y'1 i. F1 a ''V j 7 M1 t�tyt\. 1 �^A in I ♦ f, �x' �K�Y M114jN Al A t M 'r l W 1 � I # \j a fy j.� y� \ •� . � , .* .�• .mow r.,. y �-� ,l Massachusetts Department of Environmental Protection P�eedbyDER Bureau of Resource Protection -Wetlands s DEP File Number WPA Form 3 — Notice of Intentzi ':= Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 z,— ,, ,trransaceon Number City/town A. General Information 1. Project Location (Note: electronic filers will click on button for GIS locator): 1 'L A.Lr4L-os Sc --r SALEwil 019-To a.Street Address b.City?own c.Zip Code Latitude and Longitude, if Known: d.Latitude e.Longitude 14- 1 14/I 9"1 I.Assessors Map/Plat Number g.Parcel/Lot Number Important: When filling out 2. Applicant: forms on the Anre1{oNY G �4e4�oJc only the ta A • Gt computer, use AC�u.� �,ur, I.rc. b a.First Name b.Last Name c.Company key to move 1Z , 95 "AQLcvJc'n'a AJe-'J.JS your cursor- d.Mailing Address do not use the 193a return key. e.City/Town f.State g.Zip Code y�`n 0-19) 273-g(oocL �9 283 - 39J3 V °°�� h.Phone Number i. Fax Number j.Email address 3. Property owner(if different from applicant): ❑ Check if more than o�1e owner a.First Name b.Last Name c.Company d.Mailing Address Note: Before e.Citylrown .State g.Zip Code completing this form consult h.Phone Number i.Fax Number j.Email address your local Conservation 4. Representative (if any): Commission S-A,f,.p,i 1,J . "' S, e, e. regarding any a.Finn L I municipal bylaw 5r..1 & c E,t_o.,J '6 L C.moo, J or ordinance. b.Contact Person First Name c.Contact Person Last Name� 1 d.Mailing Address (;eJe--<L —r Mq 01e)t15 e.City/rown I.`State g.Zip Code (9]K)9L2-ZG2.9 (9Z8)283 - 39�3 marl , h�c�\o../ Jer:r�n. net one Number i.Fax Number j.Email address ❑ Select if C4 u3-5085 Cell#. you want to see - To I W A Fee Paid (from NOI Wetland Fee Transmittal Form): Wetland Fee S 1 65O 'D= $ � L S 22 514" Transmittal a.Total Fee Paid b.State Fee Paid c.CityrFown Fee Paid Form. 6. General Project Description: E,c 0,A a d t'ivrt.' 491re.r�l b3 Spc ',,n case. 0(a4-o323 -4o ZI ' wpelo,m0.da-rev.07113104 Page t of 8 Massachusetts Department of Environmental Protection Provided by DER Bureau of Resource Protection -Wetlands ti .DEP Fle WPA Form 3 - Notice of Intent ' Imenllnsal Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/town A. General Information (continued) 7. Project Type Checklist: a. (Single Family Home r;d 4Pao r`D 6---r 5" ) b. ❑ Residential Subdivision c. [ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ❑ Dock/Pier _ f. ❑ Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries, forestry i. ❑ Transportation I. ❑ Other 8. Property recorded at the Registry of Deeds for: ESS�X a.County 22- 139 b.Book 131 c.Page Number d.Certificate#(if registered land) 9. Buffer Zone Only Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal bank, coastal beach, coastal dune, or salt marsh? a. ❑ Yes If yes, skip to Section C. b. No If no, check the resource areas to be affected by this project, directly below. wpaforms.da•w.07113/04 Pape 2 of 8 Massachusetts Department of Environmental Protection Provteed by PEP Bureau of Resource Protection - Wetlandsf "" 1 DEP Flle Number „� � ��,�y WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 ,Document Transaction Number. cityfro" B. Resource Area Effects 1. Inland Resource Areas Check all that apply below.Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Resource Area Size of Proposed Alteration Proposed Replacement(if any) Include your document transaction a. ❑ Bank 1.linear feet 2.linear feet , number b. [� Bordering Vegetated 45o X;4,0 (provided on Wetland 1.square feet 2.square feet your receipt page)with all c. ❑ Land Under 1.square feet 2.square feet supplementary Waterbodies and information you Waterways 3.cubic yards dredged submit to the d. ❑ Bordering Land Department. Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced f. ❑ Riverfront area 1. Name of Waterway(if available): 2.Width of Riverfront Area (check one): ❑ 25 ft. - Designated Densely Developed Areas only ❑ 100 ft. - New agricultural projects only ❑ 200 ft.-All other projects 3.Total area of Riverfront Area on the site of the proposed project: Square Feet 4. Proposed alteration of the Riverfront Area: a.Total Square Feet b.Square Feet within 100 ft. a Square Feet between 100 R and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes[ErNo 6.Was the lot where the activity is proposed created prior to August 1, 19967 [ryes❑ No wpafoen3.dx•rev.07/13/04 Pepe 3 of 8 Massachusetts Department of Environmental Protection ProvidedbyoEP,� �^ Bureau of Resource Protection - Wetlands / s5DEP file Number fir,,,a,€, WPA Form 3 — Notice of Intent :'Docurrfent Transaction Number. Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Cityrrown B. Resource Area Effects (continued) 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users:Include your Resource Area Size of Proposed Alteration Proposed Replacement(if anv). document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on b. ❑ Land Under the Ocean 1.Square feet your receipt page)with all 2.cubic yards dredged supplementary Indicate size under Coastal Beaches and/or Coastal Dunes information you c. ❑ Barrier Beach below submit to the Department. d. ❑ Coastal Beaches 1.Square feet 2.Cubic yards beach nourishment e. ❑ Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment f. ❑ Coastal Banks 1.Linear feet g. ❑ Rocky Intertidal Shores 1.Square feet h. ❑ Salt Marshes 1.Square feet 2.Sq ft restoration,rehab.,or creation i. ❑ Land Under Salt Ponds 1.Square feet 2.Cubic yards dredged j. ❑ Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. k. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged I. ❑ Land Subject to Coastal Storm.Flowage 1.Square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10,..224/or 310 CMR 10.537 a. L� Yes ❑ No If yes, describe which limited project applies to this project: b.Limited Project wpelonnUm•rev.07/13/04 Pepe 4 of e I Massachusetts Department of Environmental Protection Provlded by DEP T;d ' iss * e Bureau of Resource Protection -Wetlands b .DEP File WPA Form 3 - Notice of Intent �Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 T Document Transaction Number cityrro" C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW)boundary: Online Users: t. ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2 ❑ DEP BVW Field Data Form (attached) number (provided on 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) your receipt _ page)with all 4. L" Other Methods for Determining the BVW Boundary (attach documentation): supplementary information you a. [/ 50% or more wetland indicator plants submif to the —/ Department. b. / Saturated/inundated conditions exist c. ❑ Groundwater indicators d. [3/ Direct observation For all projects �/ affecting other e. E Hydric soil indicators . Resource Areas, please f. ❑ Credible evidence of conditions prior to disturbance attach a narrative explaining how the resource area was Applicable D. Other A Standards and delineated. pP � Requirements 1. Is any portion of the proposed project located in estimated habitat as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program? a. ❑ Yes ZNO If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife Route 135, North Drive Westborough, MA 01581 b.Date of Map 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? ❑ Yes❑ No If yes, include proof of mailing or hand delivery of NOI to: Massachusetts Division of Marine Fisheries 251 Causeway Street, Suite 400 Boston, MA 02114 [ Not applicable—project is in inland resource area only wWwM.dm-my.07/13M Pepe 5 of a Massachusetts Department of Environmental Protection Provided by DEP Bureau of Resource Protection - Wetlands DEP File Number �, r:,,.a;- WPA Form 3 — Notice of Intent � � Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 "oocument1 r- 11chonNumber Cityrrown D. Other Applicable Standards and Requirements (continued) 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ Yes E]rNo If yes, provide name of ACEC (see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC Online Users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L.c. 130, § 05)? document ❑ Ly No transaction a. Yes _ number (provided on your receipt 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the page)with all wetlands regulations, 310 CMR 10.00. supplementary information you a. ❑ Yes L" No If yes, describe which exemption applies to this project: submit to the Department. b.Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes 20 No b. If yes, stormwater management measures are required.Applicants should complete the Stormwater Management Form and submit it with this form. c. If no, explain why the project is exempt: E. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users:Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. t. 01, USGS or other map of the area(along with a narrative description, if necessary)containing sufficient information for the Conservation Commission and the Department to locate the site. (Electronic filers may omit this item.) z. d Plans identifying the location of proposed activities (including activities proposed to serve as a Bordering Vegetated Wetland [BVW] replication area or other mitigating measure)relative to the boundaries of each affected resource area. wpfomilda•my.07113104 Pope 6 of 8 Massachusetts Department of Environmental Protection Provlaed byDEP,. { Bureau of Resource Protection - Wetlands ' DFP File Number WPA Form 3 - Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 - Cityrrown E. Additional Information (continued) 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans.(e.g.,a DEP BVW Field Data Form). Online Users:Include your 4. ❑ List the titles and dates for all plans and other materials submitted with this NO1. document 5. ❑ If there is more than one property owner, please attach a list of these property owners not transaction listed on this form. number (provided on 6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. your receipt page)with all 7. ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. supplementary information you 8. Attach NOI Wetland Fee Transmittal Form _ submit to the Department. s. ❑ Attach Stormwater Management Form, if needed. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and NOI Wetland Fee Transmittal Form). No fee shall be assessed for projects of the federal government, the Department, or cities and towns of the Commonwealth. Applicants must submit the following information (in addition to pages t and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: 3498 11 �Z 9f��► 1.Municipal Check Number 2.Check date 3 4 gj I t /2 a 3.State Check Number 4.Check date G t Ac.A k_oo c_. GcAos%VJc"c koJ 5.Payor name on check:First Name 6.Payor name on check:Last Name wperarnild c•rev.07/13/04 Pape 7 of e l Massachusetts Department of Environmental Protection PrmWded by DEP Bureau of Resource Protection - Wetlands DEP File Number ,£ WPA Form 3 - Notice of intentL11 ° .A Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 :Document Transachon,Npm6er City?own G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans,documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requirements of M.G.L.c. 131, §40. Notice must be made in writing by hand delivery or certified mail (retur rerl ceipt requested) o all abutters within 100 feet of the property line of the project location. ),VL—_ 1 112��0�� Signature of pliban Date - Signa P rty er(if different) Date - t t /Z(n A�4 >Pacre o epresen by any) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents;two copies of pages 1 and 2 of the NO] Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents; one copy of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and a copy of the state fee payment must be sent to the DEP Regional Office(see Instructions) by certified mail or hand delivery. (E-filers may submit these electronically.) Other: If the applicant has checked the"yes"box in any part of Section D, Item 3,above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wyafomildw rev.07/10/00 Page a of 0 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. Applicant Information When filling out forms on the 1. Applicant: computer,use / only the tab N am^' T G 14 key to move a.First Name b.Last Name c.Company your cursor- V_,c jg do not use the d.Mailing Address return key. G toa c H A O t R 30 e.Ci /To?wn f.state g.Zip Code n6 ?Z' ) 2g3— 9t�d4 h.Phone Number 2. Property Owner(if different): a.First Name b.Last Name a Company d.Mailing Address e.Cityrrown f.State g.Zip Code h.Phone Number 3. Project Location: C -- I Z- A r{trg4 --C S4�G_ a.Street Address b.City/Town To calculate B. Fees filing fees, refer to the category Notice of Intent(Form 3) or Abbreviated Notice of Intent(Form 4): fee list and examples in The fee should be calculated usingthe following six-step Section D of 9 p process and worksheet. Please see this form. Instructions before filling out worksheet. Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/Individual Activity Fee: Identify each activity fee from the six project categories listed in the instructions. Step 4/Subtotal Activity Fee: Multiply the number of activities (identified in Step 2)times the fee per category(identified in Step 3)to reach a subtotal fee amount. Note: If any of these activities are in a Riverfront Area in addition to another Resource Area or the Buffer Zone, the fee per activity should be multiplied by 1.5 and then added to the subtotal amount. Step 5/Total Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 6/Fee Payments: To calculate the state share of the fee,divide the total fee in half and subtract $12.50.To calculate the city/town share of the fee, divide the total fee in half and add$12.50. WpafamOAm•NOI Welland Fee Tranamillal Form•rev.1124/04 Page 1 0l2 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands NO[ Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step lfrype of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee Step 5/Total Project Fee: $5fl" Step 6/Fee Payments: Total Project Fee: a. Total fee from Step 5 State share of filing fee: b.1/2 t1a fee less fee les�se 72.50 City/Town share of filling fee: c.to total feeplus C. Submittal Requirements a.) Complete pages 1 and 2 and send with a check or money order for the state share of the fee, payable to the Commonwealth of Massachusetts. Department of Environmental Protection Box 4062 Boston, MA 02211 b.) To the Conservation Commission: Send the Notice of Intent or Abbreviated Notice of Intent; a copy of pages 1 and 2 of this form; and the city/town fee payment. c.) To DEP Regional Office (see Instructions):Send the Notice of Intent or Abbreviated Notice of Intent; a copy of pages 1 and 2 of this form;and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) Wpafa nUm•NOI Wetland Fee TransMHel F"-rev.1 WQ04 Pape 2 of 2 r 1.Notice of Intent File Fees Massachusetts Wetlands Protection Act M.G.L. c. 131, 40 Category Activities and Fees Category I (Fee for each activity is$110): a.) work on single family lot;addition,pool,etc.; b.) site work without a house; c.) control vegetation; d.) resource improvement; e.) work on septic system separate from house; £) monitoring well activities minus roadway; g.) new agricultural or aquacultural projects. Category 2(Fee for each activity is$500): a.) construction of single family house; b.) parking lot; c.) beach nourishment; d.) electric generating facility activities; e.) inland limited projects minus road crossings and agriculture; L) each crossing for driveway to single family house; g.) each project source(stoma drain)discharge; h.) control vegetation in development; i.) water level variations; j.) any other activity not in Category 1,3,4,5,or 6; k.) water supply exploration. Category 3(Fee for each activity is$1,050) a.) site preparation(for development)beyond Notice of Intent scope; b.) each building(for development)including site; r/c.) road construction not crossing or driveway; d.) hazardous cleanup; e.) water supply development. Category 4(Fee for each activity is$1,450) a.) each crossing for development or commercial road; b.) dam,sluiceway,tidegate(safety)work; c.) landfills operationtclosures; d.) sand and gravel operations; e.) railroad line construction; f.) bridge; g.) hazardous waste alterations to resource areas; h.) dredging; i.) package treatment plant and discharge i.) airport tree clearing; k.) oil and/or hazardous material release response actions. Category 5(Fee is$4 per linear foot;total fee not less than$100 or more than$2,000): a.) work on docks,piers,revetments,dikes,etc.(coastal or inland). Category 6(Fee is$2 per linear foot;but not to exceed$200 for activities associated with a single family house of$2,000 for all other activities) a.) boundary delineations for Bordering Vegetated Wetlands. 2.Request for Determination of Applicability a.) Local filing fee only$25.00 N 3i7i01 12:15 PM Inst. 181 Quit claim Deed GK 1 G94G PG208 I,Thomas Sullivan of 54 Felt Street, Salem,MA for Twelve Thousand Five Hundred($12,500)paid,grant to Anthony Criscalone of Maplewood Avenue, Gloucester, the land in Salem Massachusetts bounded and described as follows: A certain parcel of land situated on Ahneda Street, in said Sakm,Essex County, Massachusetts, being lot#50 as shown on subdivision Plan of Almeda Park,owned by Frederick H. Griswold dated July 1919,Thomas A. Appleton,C.E. Sect. 1, recorded with Essex South District Registry of Deeds, Book 2430, Page 131,bounded and described as follows: NORTHEASTERLY by Ahneda Street, as shown on said Plan fifty(50 feet); SOUTHEASTERLY by Lot#49,as shown on said Plan, one hundred twenty-two and 11/100(122.11) feet; SOUTHWESTERLY by land of parties unknown,as shown on said Plan fifty-five and 35/100(55.35)feet; NORTHWESTERLY by Lot 51,as shown on said plan, ninety-eight and 36/100 (98.36) feet. Containing 5,512 square feet of land, according to said Plan. For title see Book 5395, Page 601 Witness my Hand and Seal this second daffy of March 2001. Thomas Sullivan 0 0 seal Then personally appeared the above named Thomas S ullivan and acknowledged this instrument to be his free hand and deed. Notary Public OI o 8 Q Mycomi- ission expires: f� �� y�j 94 W X E lu Rtoo90 4G mwt(r tf T COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS l OFFICE OF ADMINISTRATIVE APPEALS September 2, 2003 In the Matter of Docket No. 2002-228 File No. 064-0323 GIACALONE CONSTRUCTION CORP. Salem MEMORANDUM OF DECISION 200140323101015161411BIkII2254I18111pg:183 03/23/2004 15:22:00 OTHER Pp 1/9 On this date, (1) the Department of Environmental Protection issued a Final Decision making Final the Superseding Order of Conditions (SOC) for the above wetlands file, and therefore (2) the SOC was made a Final Order of Conditions, and (3) the Final Order of Conditions was issued. The SOC is valid for three years from this date. This Memorandum of Decision may be recorded at the appropriate Registry of Deeds or at the Land Court together with a copy of the Superseding Order of Conditions that was made Final by the Final Decision. The Final Decision need not be recorded. 3" Mar] L. Silverstein Administrative Law Judge nd On this ?. day of , 2003 before me personally appeared Mark L. Silverstein, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the sa�\me as his freeQ act and deed. Do./Y.- A I. O1L+Y�-�-4"(l at J ie n 5, 2" Notary Public My cdmmission expires G; cel� ne G 1o.,,ceS�c,r N A o 19 30 �\ COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION Metropolitan Boston—Northeast Regional Office JANE M.SWIFT Governor 2004032300564 Bk.22546 Pg;484 BosDuaAND Secretary 0312312004 16:22:00 OTHER Pa 219 LA[JREN A LISS Commissioner Anthony Giacalone December 10,2002 95R Maplewood Avenue Gloucester, MA 01930 Re: WETLANDS/SALEM DEP FILE # 064-0323 12 Almeda Street SUPERSEDING ORDER OF CONDITIONS Dear Mr. Giacalone: The Northeast Regional Office of the Department of Environmental Protection, Wetlands Division, has completed its review of the above-referenced file in preparation to issuing a Superseding Order of Conditions. Pursuant to the provisions of the Wetlands Protection Act(the Act), Massachusetts General Laws, Chapter 131, Section 40,the Department is issuing the enclosed Superseding Order of Conditions allowing the project based upon: 1) Information and plans submitted; 2) Information gathered during the site inspection; and 3) Conditions the Department has deemed necessary to protect the statutory interests identified in the Act. The Department's review of the foregoing information shows that the project site contains the following resource areas subject to protection under the Act: Bordering Vegetated Wetlands (BV W)and Bank of a pond. In accordance with the Wetlands Protection Act and its Regulations,the aforementioned areas are presumed to be significant to the statutory interests as identified on Page 1 of the attached Superseding Order. The project site is an undeveloped area of upland with shallow soils and bedrock outcrops that slopes steeply down to a small impoundment. A narrow band of wetland vegetation borders the pond consisting primarily of silky dogwood, willow, glossy buckthorn,purple loosestrife and sensitive fern. The proposed project is for the construction of a single-family house, a 188 foot long driveway and associated grading. Sewer and water hookups are proposed to the Town system. An open bottomed box culvert is proposed to avoid most wetland impacts; however, a portion of the Driveway will fill approximately 43 square feet of BV W. A 44 square foot This information is svailable in allmnate format Call Aprel MCCab%ADA Coordinator at 1-617-556-1171. 205A Lowell SL Wilmington,MA 01887 . Phone(978)661-7600 . Fax(978)661-7515 . TTD#(978)661.7679 DEP on the World Wde Web: hop:/Avww.mass.gov/dep n Gd Printed an Recycled Paper 2004032300564 B02548 PgA85 03/2312004 15:22:00 OTHER Ps 319 replication area is proposed adjacent to the driveway with a connection to the BVW under the box culvert. The remainder of the project will be constructed in the jurisdictional buffers to the BVW and Bank. A Notice of Intent was filed April 26, 2001 and the Conservation Commission issued an Order of Conditions on July 12, 2001 denying the project. The Commission argued that the project is too close to the pond and BVW and would not protect the following Interests of the Act: Groundwater, private water supply,prevention of pollution and Wildlife Habitat. The Commission believes that construction using blasting or any other technique for removing bedrock may adversely impact the private water wells on adjacent properties and endanger the pond's water levels by creating fractures in the bottom of the pond,which would also endanger the wildlife habitat created by the pond. Also,BVW may be impacted by the driveway construction and runoff containing deicing material and sand from driveway maintenance. The Applicant filed an appeal for a superseding order of conditions on July 24, 2001 arguing that the project met the performance standards for BVW pursuant to 310 CMR 10.55 protecting the interests of the Act. A site visit was held September 27,2001 attended by the applicant/appellant and his representative,the Conservation Commission Agent,an abutter and a representative of the Department. DEPARTMENT FINDINGS 1) No evidence has been submitted other than conjectures that shows that blasting or other rock removal techniques would have an adverse effect on the water level in the pond or the water wells on adjacent properties. The Applicant stated that if blasting is used,the applicable regulations governing the use of explosives would be followed; 2) With the exception of a small area of BVW,most of the proposed project is entirely in the buffer to BVW and Bank. There are no performance standards for work in the buffer other than to insure the protection of the resource areas. The applicant proposes to control erosion and minimize vegetation impacts in the buffer. If a project in a buffer does adversely affect a resource area,then appropriate action may be taken; 3) The Applicant has proposed at least 1:1 compensation for filling BVW,which meets the performance standards for BVW pursuant to 310 CMR 10.55 (4) While the Department may share the concern of the Commission and the abutters over construction near the pond,the Applicant's project meets all the requirements of the Wetland Protection Act and its regulations. The Applicant is strongly advised,however,to take all precautions in preventing erosion and in stabilizing the slope while minimizing the removal/alteration of vegetation'in the buffer. It is the Department's position that the enclosed Superseding Order of Conditions,which approves the project pp p 1 as proposed and conditioned, serves to protect the statutory interests identified in the Wetlands Protection Act, M.G.L., Chapter 131, Section 40. Please be advised that it is the Department's responsibility to address only those interests identified in the Act. 2004032300564 Sk:22548 A9:486 03/23/2004 15:22:00 OTHER Pg 419 However,the Department reserves the right, should there be further proceedings in this case,to raise additional issues and present further evidence as may be appropriate. Should you or any concerned party dispute these findings, your attention is directed to the language at the end of the attached Order specifying the rights and procedures for appeal. Should you have any questions about this decision,please contact Gary Bogue at(978) 661- 7788. S' erely, �-n� �� ames A. Sprague Gary Bogue Section Chief Aquatic Biologist cc: William Manuell, Wetlands& Land Management, Inc., 500 Maple Street,Danvers,MA 01923 Ivone Silva, 10 Ahneda Street, Salem,MA 01970 Salem Conservation Commission, City Hall, 120 Washington Street, Salem, MA 01970 200403230@564 W21543 P9;487 03/23/2004 15:22:00 OTHER Pg 5/9 310 CMR 10.99 DFP File 9 064-017.1 Form 5 (To be provided by DEP) City/Town—Salem Applicant Giaralane r nnstmrtion Cote Superseding Order of Conditions Massachusetts Wetlands Protection Act G.L.c.131,§40 From Department of Fnvirnnmental Prntertinn To C,iacalone Construction Corn (Name of Applicant) Addre55 95E Maplewood Ave. Glour ,st r, MA 01930 _ (Applicant) To Came (Name of Property Owner) Address Same (n—er) This Order is issued and delivered as follows: by hand delivery to applicant or representative on (date) X by certified mail,return receipt requested on neremher 11. 2002 (date) This project is located at 12 Almeria Stmer The property is recorded at the Registry of Fsser South Ronk 1 L,94-Ce page, 2oG/20Sj Certificate(if registered) The Notice of Intent for this project was filed on April 2F 2001 (date) The public hearing was closed on h,1y12.,2001 are) Findings The Department of Environmental Protection 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 Denartmerit of Fnvirnnmental Prntertion at this time,the neparnnmt of Fnvimnmental Prntection 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): X Public water supply X Flood control Land containing shellfish X Private water supply X Storm damage prevention X Fisheries X Ground water supply X Prevention of pollution X Protection of wildlife habitat Total Filing Fee Submitted R250 00 State Shared 112 50 City/Town Share R117 50 (%:fee in excess of$25) Therefore,the Department of Frivironmental Protertion hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the regulations,to protect those interests checked above. The Department of Environmental Protection 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 following conditions modify or differ from the plans,specifications or other proposals submitted with the Notice of Intent,the conditions shall control. 2004632300564 Bk,22548 Pg;486 03/23/2004 W22:00 OTHER PO 619 General 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. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize any injury to private property or invasion of private rights. 3. This Order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal,state or local statutes,ordinances,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 debris, including but not limited to lumber,bricks,plaster,wive,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 Dp.pnrtmentnfF.nvimnme.nta]Prntection on the format 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 Protection,File Number oe4-1393_" 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order,the Conservation Commission shall be a parry to all agency proceedings and hearings before the Department. Special Conditions 11. All work shall conform with the following plans,reports and Special Conditions: a) Notice of Intent dated April 2001 with plans entitled,"Proposed Access Road/Utilities, 12 Almeda Street Salem,MA"prepared for Anthony Giacalone dated November 24,2001,prepared by Stanton W.Bigelow, stamped and signed by Stanton W.Bigelow RPE 9 28581on November 24,2001; b) "Sketch Plan of Proposed Wetland Replication Area, 12 Almeda Street Salem,MA"prepared by Wetlands &Land Management,Inc. last revised July 30,2002; c) "Wetland Replication Summary and Planting Schedule",prepared by Wetlands&Land Management,Inc., last revised July 30,2002; d) The Applicant shall notify the abutters and Conservation Commission two weeks prior to any rock removal. The method of removal,required permits and precautions taken shall also be included in the notification; 2004032300564 WNW Pg:489 03/23/2004 M22:00 OTHER Pg 7/9 e) Snow removed from the driveway shall not be dumped on the pond side of the driveway or into the replication area; I) The Replication area will be monitored twice annually for two growing seasons(on or about June 15 and September 15)to assess the relative success or failure of the wetland plant community.Newly planted vegetation will be examined at each monitoring period to determine health and vigor,and recommendations will be made for the replacement of specific stressed or dying plants, if necessary. Invasive species shall be removed by hand. Following the second spring growing season,a greater than 75 percent vegetative cover is anticipated within the replication area. 12. This Superseding Order supersedes all previous Orders issued for this project, DEP File#064-0323. All work shall conform to the Notice of Intent and plans and documentation referenced above unless otherwise specified in this Superseding Order. In case of a conflict,the Conditions of this Superseding Order shall prevail. 13. A copy of this Superseding Order shall be included in all construction contracts and shall supersede any conflicting requirements. 14. A copy of this Superseding Order as well as the plans referenced in Condition#11 shall be available on site while activities regulated by this Order are being performed. In addition to the owners,all contractors and subcontractors shall be held responsible for compliance with this Superseding Order. 15. This Superseding Order shall apply to any successor or assigns in interest or control and any other party engaging in activity on the property identified in the Notice of Intent. 16. Any proposed or executed change in the plans approved under this Superseding Order shall require the applicant to file a new Notice of Intent with the conservation commission or to inquire of the Department in writing whether the change is substantial enough to require a new filing. A copy shall be sent at the same time to the Conservation Commission. Any errors in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed. 17. Members and agents of the Department and the Salem Conservation Commission shall have the right to enter and inspect the premises to evaluate compliance with the conditions stated in this Superseding Order,and may require the submittal of any data deemed necessary by the Department for that evaluation. 18. No filling,landscaping or general alteration of land,by the current owner or any and all successors in interest shall be allowed by this Order beyond or below the Limit of Work as shown on the plan referenced in Condition#11. 19. The applicant shall notify the Department and the Conservation Commission in writing at least 72 hours before any activities are to begin on the project site. At this time,the applicant shall provide the Department and the Commission with the name(s),address(es)and telephone number(s)of the person(s)responsible for ensuring on-site compliance with this Superseding Order and his or her alternate. 20. Prior to any earth-moving activities or clearing of vegetation,filter fabric fencing shall be installed upgradient of all resource areas along the limit of activity between areas to be disturbed and all downgmdient wetlands,as shown on the referenced plan. These erosion controls shall indicate the limit of disturbance. There shall be no activity beyond the erosion control barrier. The Applicant shall minimize the amount of disturbance to the vegetation from the placement of the erosion control barrier. 21. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in the wetland. 22. No soil or other materials shall be stockpiled within the Buffer Zone. 23. Excess soil,rock and debris excavated or generated during the course of this project shall be removed from the site and disposed of in a legal manner. Records as to the destination of all materials,including excess fill and loam, to be removed from the site shall be kept on file and shall be provided to the Department and the Commission upon request. 24. All disturbed slopes shall be 3:1 or flatter except where appropriate rip-rap,sod,or retaining walls are planned, and all slopes not to be rip-rapped or paved shall be vegetated for stabilization(loamed and seeded). 2004032300564 Sk:22548 Pg:490 03/23/2004 15:22:00 OTHER P9 9/9 25. In areas where dewatering becomes necessary,all discharge water shall be pumped into a sediment trap constructed in a proper upland area or through a series of filter pipes or shall be treated by other methods acceptable to the Conservation Commission or the Department in order to remove all suspended sediments within the water and thereby prevent siltation of nearby water courses and vegetated wetlands. The Conservation Commission and Department shall be notified in advance as to what method will be employed on site. In noway shall silty water ever be discharged into any protected Resource Areas by the contractor or any other subcontractor involved in the project. 26, Upon completion of the project,the applicant shall request a Certificate of Compliance from the Department and shall submit the following information with the request: a) A written statement by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts certifying compliance with the approved plans referenced above and this Superseding Order of Conditions and setting forth deviations,if any exist. b) Two sets of as-built site plans prepared by a registered land surveyor or registered professional engineer showing the location of the houses,driveway,roadway,utility lines and associated grading,stormwater BMPs,replication area, limit of work line,landscaping, and the delineated wetlands. 27. The attached cover letter is.he'reby jointly and severally made a part of this Superseding Order of Conditions,and shall be recorded at the Registry of Deeds together with the Superseding Order. Issued Department of Environmental Protection Signature O this — day of before me personally appeared 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. K u l Qt �Y�S�i�� . a to uyJ J' 3 No blic My commistiop ekpires 2004032300564 4:22548 Pg;491 Findings Pursuant to M.G.L. Chapter 30, 03/23/2034 15:22:00 OTHER P9 9!9 Sections 61 to 62H inclusive (M.E.P.A.) The project as described in the Notice of Intent for DEP File t1064-0323 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 11.03 (3)of M.G.L. Ch.30,Sec. 61 to 62H inclusive,have not been exceeded. This finding is only applicable to activities proposed for the above-referenced file number before the Department of Environmental Protection,Wetlands Section. 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. APPEAL RIGHTS A) Appeal Rights and Time Limits The applicant,the owner,any person aggrieved by the Superseding Order,any owner of land abutting the land upon which the proposed work is to be done,or any ten(10)persons pursuant to M.G.L.c.30A, §10A,are hereby notified of their right to request an adjudicatory hearing pursuant to M.G.L.c.30A,§ 10,providing the request is made by certified mail or hand delivery to the.Department,with the appropriate filing fee and a DEP Fee Transmittal Form within ten(10)business days from the date of issuance of this Superseding Order,and addressed to: Docket Clerk Office of Administrative Appeals Department of Environmental Protection One Winter Street,3'"Floor Boston,MA 02108. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission,the applicant,and the issuing office of the DEP at: Department of Environmental Protection Northeast Regional Office 205A Lowell Street Wilmington,MA 01887 Contents of Hearing Request A Notice of Claim for Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR 1.01(6),and shall contain the following information: (a) the DEP Wetlands File Number,name of the applicant and address of the project; (b) the complete name,address,and fax and telephone numbers of the patty filing the request,and,if represented by consultant or counsel,the name,fax and telephone numbers,and address of the representative; (c) the names,telephone and fax numbers,and addresses of all other parties,if known; (d) a clear and concise statement of(1)the facts which are grounds for the proceedings,(2)the objections to this Superseding Order,including specifically the manner in which it is alleged to be inconsistent with the Department's Wetlands Regulations,310 CMR 10.00,and does not contribute to the protection of the interests identified in the Act,and(3)the relief sought through the adjudicatory hearing,including specifically the changes desired in the Superseding Order, (e) a statement that a copy of the request has been sent by certified mail or hand delivery to the applicant and the conservation commission. Filing Fee and Address A copy of the Notice of Claim along with a DEP Fee Transmittal Form and a valid check or money order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars(SI00)must be mailed to: Jun 16 04 10: 59a p. 3 Jun 15 04 02:06p michele herrison (978) 283-9966 p.2 BRIAN P. CASSIDY .Attorney at Law 63 Middle .Street Gloucester, MA 01930 (978) 281-9485 Facsimile (978) 283-9966 June 115,2004 FAXED and MAILED Joseph K Nerden Asst. Engineer do Asst.Di.DPW 120 Washington Street,4s`Floor Salem,MA 01970 RE:. Giacalone Construction Corp.,12 Almeda Street,Salem MA Dear Mr.Nerden: a portion of Almeda Street as a e City of Salem laying po Enclosed please find copies of dr ty Y public way and Plan dated July 10, 1952 and recorded in the Essex South Registry of Deeds at Book 3909,Page 441.The City of Salem took only 347 feet of Almeda Street from Highland Avenue as a public way. Comparing the 1952 Almeda Street acceptance plan with Salem Assessors Map 14,the public portion of Almeda Street terminates in front of Lot 14-0113. The rest of Almelo Street,both bui1L and un-built,is a private way. As noted in my November 27,2001,letter to the Salem City Council pursuant to G.L.C. 183,§58 GiaWone Construction Co.has the right access his property-subject to the Superceding Order of Conditions issued by the Massachusetts Department of Environment Protection and the terms of the Agreement for Judgment with the Salem Conservation Commission. Unless you or City Solicitor Gilbert can point me any law to the contrary I do not believe that the City of Salem can probibit Giacalone Construction Co.from constructing the access to his property or installing utilities in the way(See,G.L.c. 187,§5). R idy Enc. Cc Anthony Giacalone James Gilbert,City Solicitor Jun 16 04 10:59a p.4 Jun 15 04 02:06p michele harrison 19781 283-996S p.3 all rl.t L.k1nM1 ll,nrisa Ih'r m� 5'1 uri,'. 3909 is ks L :; V CITY Or SAL'EM r. IN Cne l'rularu,. 52. E:. Y i : • Itrini.vut,that Ila,munm.m wren,ian•r.1.1.01,and IMCmiky or the inhnhih+nls n(the cilr rtaplin,dial N ixrhiic sines nr uw}'aY anid ill' Iv In,rxticd Almada.. ... xtrecl sdxnthl he 1241 out h,ntt--l-Highland Ova, - __...---...--.._. ........_'...__.__ Cal........ tor.a.distance 6falr7-feet--...-... plan larivmfirr nrcrrcc(it,:nxl iI'•a-Ilml purp:u:c it in mecv:xry In Inky and lay ,,it xs n ...Wit.sln]•l nr n:Yy nr alui"its* ! - - - -parcel 9._._ or Imul Iminuidnq to ,rt,upv„xnIWhrbmG In @iLller, Almeda •it., Alfred Allain at lu, 4 contetta_6iyirgilio,-4.«lmeda 3L,,. Kuria.UiVirgilia., AlmedII Julia I:enee, nLueda,ypr., Ynariq,UlVirgldlu eL,uz, AlmedII +r 0urguyile et UK;; Almeda Jt._ -. ...._ -. la,uadcll as Gdlun'x,vir_: :�k' Be the-llouthaeyLerly cornor.of-himada iiL,,- said corner. being ?• ^ ...... ..lµ.0Q,rt..-aursha:.nkcrlyy_nn_a.curvexn_.the rant.of:.ldb6. ft. radius, ..from-a_stntle-h wltl_at the point-of„curvatul'e un tpa_,wesgeilly.dine of -`- �: tilurlae.-i>arullug-N._.:44olo+ C"..d.. an .L}34.sout2U+estnrly.l,ine_.oL.Aimada.Jt., by Florence M.iFt 1.1ier A.lfrad w11+zn, Cgncettd._Uid lrgilio, lMarjo.niy1r4111 ,547.o11-ft.i. h f�, dinner-t unnlhi);-nacthe.tsadcly by_the remaining pactzan.of..AlmEda Ct.. 0.00 r':' .... _f.c_so laad..Li Oars • Bur�uyne at tlx;_,... ._ -i�-r therlca_runnitlg.�i._a4°lk! 4_x_k ort tha, gortltead.GerlY llpe of A),meda_,dt., by _ ------land_-of Car.tll.i.. .gdYnSr at rl9..U3V3rL;lle,_P.L nx, and Julia r I.L thence sunning.-eoaihwaYtrrlly on a tiurvl•dl.line .GA trle east of 18(9:. ft. _.cadius.,..hy_Iligltiandjnyt 4•',rli ,{'t to.t:re.polrtt_of, bsCimtlni;... a- ..n..xhown .on.�._plan_entiG ed, %cceptanq Eliot, AlmSda 3t.., pylem,� Wang., . .j:�,l 1't3.....Jllne..195;, Frank, F. �torZie., City linginear• . :au,l tV mmraa Ih¢(:ilc(Saulril no Ihr. ..^nth doe ! 'j 2 1 nw f•dl•rwin, ' 1:1 S try++wa 1•orvlrr.nz.: -�1 I ••W u.uwa:, in 11..u14a6m nr tlw f'.ila (S,uu•-il. Iln InlLlir m+vssilc mnl canrn,irnec i, i. �:- • requnr llcda lwblir.sktll nr wav In hr,;JL+I .•lmai: .;Ct•aetvn• :I ahnuld le: laid ..A xs:11m4nvar:',r ill. nL' fr•an ii i,jil:nd �" •l;n(x far a distance of 347 feet a it.Y :v'a11nvU on n pta„m, Ia, iu Ihr.dli,a•nr 1Le rile 1-0rrk r,r this riif.J.1.4 June 19i-. 'I it is lllm,km:In-n'hT I)UL}:arll,ihii dur to Fl.w'ence 1- .diller, ..tmada.St., 61fraJ itllain at Ilx, it. nlhe}da .:Lraet,_IJgnceLLa Jislir;i lio, u Almede..i!, "ario I 0itlirgilie, Almeda utreeL, Julia aeuce,..allneda .itreat, riafio JiRl iLiu BC uz A_l med pnd Carol ls. I}ur`.�yne, et_, ", 11tn?da otraet _ Ir awl all ml,, ,-,L thus list.(SIT C,^nlril iahvnd In Iny tan IN:lli>,dm'ev haler.un'n- I' limo',{.n,x{to k6.lh,'.,Nr a p,rli'm of Ill Imul vnd In hp'ant the salnr ns a highn'np ur wvkilr:and Thal -. ... llu. .loth. dur of.. July - .. - In 52 ,af.-_ 8-00.1i,'la-k,F. \I., al.tilt' Vall, tiaMu, m Iglpoiu4d as Ihr lint'. and pl.m(nr is In the laallcr;'uud IYuxuxna,.6.m,lily-Inds la's,-mmi or 1k.Inh'aliun nr On C�it}'fnnnril lu lake yawl i .pirml of Ian11 Aar Ills' lmrlxau'aronsnld,as apinn" by she mum on Ill,:wil. of nnlin'I� Jun 16 04 10:59a P. 5 Jun 15 04 02:06p Michele harrison (970) 283-9966 p.4 li• tett,-tj mod i it 3909 iti,(:Maw-j j;'I Itt Lb,little mKI It we .11 p %V it, t1a, o"Llicr. it ie J."JiCS rhimillm: 447. 'r,�ia ale, 41, .On:tj lit and V1, Matta 6o'l la.f"ft '],,oi Dloettrx"11...t On-IVATM- ='I ;,,. 'e.". 6,n or a sk.rimler ivut- 1. lwmlly-...-taken to-1 Wit 'oil 1% . Q:,ry. zvigilm�-------- ,-"-,- t1w snow railk 11 dune - 52 fIRIVI ----------------- may be NO. .t'j;o Ilat ellkCof We614, rogn"C', plan fl- lj r r by I,,,, if d u lUiae", iaij laying tit.uB bemillbeove O -liot-- 'A.Ifrd iu their kamillead lived liall"agLVI .,,,g,,f Nid lwmed It Ts a rvi--;d.0 .11 iol� by the tak siluct,All Ilealway by the�tml ao" or I"I ati'l OW I-illog not of"it, 'Mara in, sold Plan. .1,11 all boil,iiep,tA-LTR. a,,, ft,11KnC 41"1 take ttallific Way Wjjjj&UgA%kA:9SJt 9111, A t the biliblint; ON t. r ur ee" at otlar 111111*,ty-o-birb will I i'trut, f thi,b"Ong mit by tho city "mWil. I aFt.1.the juii- An 30-jays Irate itte G*,,-,,el.11r,oar INP-111 ilti, Il",year-4adw-11 halalvq aaI !P —JU In Citv C'nowil Adopt w. ti 1rew, Cur 1PI"I'V91 ma ITO JUL I I Approved -to cit LD m W i m z1 ------------------ _ PP OFILE r \ I y u•-V Ili NOR. I I FT. \\\\ ' V!R. IN, A FT, 1 \' Fy0 LOT 4f 1. LO, 15 LOT 41 LOT V ALGREO AlO.YCLTTA OIiROl4] MAA:O DI Vr R41UD /LOPE VCL N. VILLCR 17 pT Y. 1 N I F 2 ALMEOA 57. LOT ! or T LOT Y 4D>t I LOT w VPOL f. 8JP40YN Z�II 6 \ � JUUA Rfi NC{ � YARID Df VIP4LI0 lulu Dill. VwYG AC CEPiANCE PLAY M a AL!l ST., SALEM, MASS. u.a Jy,H.ovI ,I,4>➢,•.NNi ; (� SCALE I IN=20 fT'. JVNE 13D2 All ( LID o c �➢_�_.�:�".;f_..'-ems, : . STANTON W. BIGELOW. M.S., P.E. Professional Civil/Environmental Engineer Site Development Permitting and Construction Management d/b/a Homesites Real Estate Development, LLC ---------------- 6 Winthrop Avenue B.S., Civil Engineering, Norwich University Beverly, Massachusetts 01915 M.S., Civil Engineering, Northeastern University Tel./FAX: (978) 922-2629 Professional Civil Engineer, Massachusetts E-mall: stan.big@comcast.net Licensed Construction Supervisor, Massachusetts ---------------- December 1, 2005 City of Salem Conservation Commission 120 Washington Street Salem, Massachusetts 01970 Attention: Frank Taormina, Planner/Conservation Agent Re: DEP # 64-382 --- 12 Almeda Street, Salem Dear Frank: I have been retained by Dr. Rehka Agurwal and Sean McCarthy, owners of the property at 12 Almeda Street, to respond to your letter to Dr. Agurwal dated November 22, 2005, in particular with respect to the completion of the Stormwater Management Form (signed original and eight (8) copies enclosed for your distribution) and attendance as the applicants' Professional Engineer (PE) at the meeting of your Commission on December 8, 2005. The enclosed Stormwater Management Form references Sheet 6 of 6 of my plans dated November 26, 2004, which are a matter of record in your Commission's open and continued Public Hearing relative to this project. In that Plan, I made reference to O&M of the site stormwater management system as"annual cleaning of the sedimentation basin by vacuum truck." The enclosed "Operation and Maintenance Plan" sheet, you will find, further describes in detail my proposed O&M Plan for such cleaning in a way that meets the detailed requirements of Standard#9 of the Department's Stormwater Management Form. My last recollection, prior to my services for the previous owner of the property being suspended under this Notice of Intent case and the earlier Superseding Order of Conditions, was that the City Engineer's office had copies of the referenced "Proposed Extension of Almeda Street" plans and was satisfied that they met the conditions of the written agreement between the City and the previous owner, Mr. Giacalone. However, prior to the Commission's meeting of December 8, 2005, 1 will contact that office for written confirmation of such, to be presented at or before your meeting. It is my understanding that Mr. John Dick of Hancock Survey Associates, Danvers, Massachusetts has been separately retained by my clients to prepare the detailed Planting and Replication Plan, and that such Plan has been submitted. y yours, Staton . Igelow, M.S., P.E. Consulting CIvIVEnvlronmental Engineer cc: Dr. Rehka Agurwal OPERATION AND MAINTENANCE PLAN STORMWATER MANAGEMENT SYSTEM AT 12 ALMEDA STREET, SALEM, MASSACHUSETTS The proposed Post-Development Stormwater Management BMP for this project will consist of a small sedimentation basin upstream of the single reinforced concrete culvert pipe crossing under the Almeda Street extension to Andy's Pond. This basin's purpose is three-fold: 1. To insure that post-development activities up-gradient of the basin (principally on the lot at 12 Almeda Street)do not generate pollutants that can be introduced through the culvert into Andy's Pond(Standards#1 and#4 of the DEP Stormwater Management Form), 2. To insure that post-development peak runoff from the site of the proposed single-family house is kept at levels at or below the pre-development peak runoff from the site(Standard#2 of the DEP Stormwater Management Form), and 3. To allow for minimal infiltration through the Almeda Street extension roadbed from the sedimentation basin during periods of dry conditions, between stormwater runoff events, thus insuring that stored sediments are dessicated and compacted in the bottom of the basin (Stan- dard#3 of the DEP Stormwater Management Form). This Operation and Maintenance Plan, until such time as the City of Salem might make a Taking of the Private Way segment of Almeda Street on which this basin and outlet culvert are located, remains the responsibility of the owner of the property at 12 Almeda Street, as assigned by subsequent deeds recorded at the Essex South Registry of Deeds. The property on which the sedimentation basin is located will remain property of said owner of 12 Almeda Street, and may at some future time become an easement area for City of Salem access to continue operations under this Operation and Maintenance Plan, should the said City make such Taking of the Private Way segment of Almeda Street. The sedimentation basin shall be inspected on a regular basis (at least twice annually, in late fall and late spring)to determine the need for cleaning of debris from the basin. At times of inspection, any large items of debris, such as tree branches or rocks, shall be removed, along with any trash that may have been deposited in the basin. The responsible party shall order cleaning of sediment from the basin at such times when, upon inspection, the top of such sediment is within one (1') foot vertically of the invert (bottom)of the culvert pipe inlet at the headwall. Cleaning of sediment shall be accomplished by removal from the sedimentation basin using a vacuum truck operated by a commercial drain cleaning company, of which there are several private firms in the immediate Salem area. Material thus removed shall be disposed of at a DLP-licensed facility for solid waste disposal authorized for such purposes, of which there are several in the immediate Salem area. Records, consisting of paid receipts for such commercial vacuum cleaning services, shall be maintained by the responsible party(ies)for such periodic review as the Department or the Salem Conservation Commis- sion deems necessary. Access to the sedimentation basin for such cleaning shall be provided directly at the site of the culvert headwall, which Is immediately adjacent to both the basin and the Almeda Street roadway. No easement for such purpose is needed as long as the BRP's Operation and Maintenance remains the responsibility of the owner of 12 Almeda Street. Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Property Information Important: roman pGng out 1. The proposed project is: forms on the computer,use a. New development [+R(Yes ❑ No only the tab key to move b. Redevelopment ❑ Yes IT No your cursor- do not use the a Combination Yes [I No (If yes,distinguish redevelopment components from return nkeyy. new development components on plans). 2. StDrmwater runoff to be treated for water quality is based on the following calculations: a. ❑ 1 Inch of runoff x total impervious area of post-development site for discharge to critical areas +. (Outstanding Resource Waters,recharge areas of public water supplies,shellfish growing areas, swimming beaches,cold water fisheries). Note, b. Q 0.5 inches of runoff x total impervious area of post-development site for other resource areas. This November 2000 version of the Stommvater Management B. Stormwater Management Standards Form supersedes earlier versions DEP's Stomtwater Management Policy(March 1997)includes nine standards that are listed on the inducting those followin es.Check the appropriate boxes for each standard and provide documentation and contained in 9 pages. DEP's additional information when applicable. stormwater Handbooks. Standard 01:Untreated stormwater a. Ef The project is designed so that new stormwater point discharges do not discharge untreated stormwater into, or cause erosion to, wetlands and waters. Standard 42: Post-development peak discharges rates a. ❑ Not applicable—project site contains waters subject to tidal action. Post-development peak discharge does not exceed pre-development rates on the site at the point of discharge or downgradient property boundary for the 2-yr, 10-yr, and 100-yr,24-hr storm. b. ❑ Without stormwater controls C. /With stormwater controls designed for the 2-yr,and 10-yr storm,24-hr storm. d. Lv] The project as designed will not increase off4te flooding impacts from the 100-yr,24-hr storm. VVpdxm3.me•abmwdw LUraCwwn Fars•mr.SKM Ppe 1 orb Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) Standard#3:Recharge to groundwater Amount of impervious area(sq.ft.)to be Infiltrated: � are bet Volume to be recharged is based on: b. ET' The following Natural Resources Conservation Service hydrologic soils groups(e.g.A B. C, D, or LIA)or any combination of groups: 1.%of tnpervlous area 2.Hydrologic soil group 3.%of Ynpervlous area 4.Ryrologic Soil group 5.%of impervious area 6.Hydrologic Soil group 7.%of impervious area 8.Hydrologic sop group a 2' Site specific pre-development conditions: o 0 1.Recharge rate 2.Vowme d. Describe how the calculations were determined: E�.2 e S.cc Cep•sri oc- S,As. ,.r Dc:Pasls ch Cam.r D �tLS oJ�� r<ycac�cr hlo P-sjt6r s.%- r mf-- I +J V%vtntmoJ. e. List each BMP or nonstructural measure used to meet Standard#3(e.g.dry well, infiltration trench). LEoL� (Ze.eoia` b..a C✓.../c-O--c C&.a,exs- /�, S&o�.l�.rcrnsf Pi+nJ `Irc�c 5 k�arc R- eaorsm AIU. dwc. I�Pr�T2sre.r TNa.wc-u n�cws Rosn loco T.e ?—J A.Rar Does the annual groundwater recharge for the post-development site approAmate the annual recharge from e)dsting site conditions? f. El" Yes ❑ No Standard#4:80%TSS Removal a. ff' The proposed stomtwater management system will remove 80%of the post-development site's average annual Total Suspended Solids(TSS)load. b.Identify the BMP's proposed for the project and describe how the 80%TSS removal will be achieved. R,K,J Arc IJr--r C,ao CJ,.a of S.c�ec 4 0G Ce oe Q�s OaSo-o 1lsce/.ec#1 V1PdbM3Aoo•Ownew Mrrrprrwi Fam•M.an= Fapsg or s Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) a If the project Is redevelopment,explain how much TSS will be removed and briefty explain why 80% removal cannot be achieved. �[4 Standard 95: Higher potential pollutant loads pr SyArater cy Hoy k Does the project site contain land uses with higher potential pollutant bads Vol.I,page 1-23, �/ for land uses of a. ❑Yes I of No b. If yes,describe land uses: high pollutant loading(see Instructions). a Identify the BMPs selected to treat stonnwater runoff. If infiltration measures are proposed, describe the pretreatment. (Note: If the area of higher potential pollutant loading is upgradient of a critical area, infiltration is not allowed.) Standard#8: Protection of critical areas See Stormwater Will the project discharge to or affect a critical area? Policy Handbook ,�/ Vol.I,page I as for critical areas a. ❑ Yes L7 No b. If yes,describe areas: (see Instructions). a Identify the BMPs selected for stormwater discharges in these areas and describe how BMPs meet restrictions listed on pages 1-27 and 1-28 of the Stormwater Policy Handbook—Vol. I: V4*Wm&cba-smmmdwwapmtwm-m.3nms r osaars Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Stormwater Management Standards (cont.) No te: of Standard 97:Redevelopment projects projects Is the proposed activity a redevelopment project? plan to develop _! uWeVIOUSIV ndeveloped a. ❑ Yes (into b. If yes,the following stormwater management standards have been met areas do not fall under the scope of Standard 7. c.The following stormwater standards have not been met for the following reasons: d. ❑ The proposed project will reduce the annual pollutant load on the site with new or improved stormwater control. Standard 98: Erosionlsediment control a. []r Erosion and sediment controls are incorporated into the project design to prevent erosion, control sediments,and stabilize exposed soils during construction or land disturbance. Standard#9: Operation/maintenance plan a.Z M operation and maintenance plan for the post-development stormwater controls have been developed. The plan includes ownership of the stormwater BMPs, parties responsible for operation and maintenance, schedule for Inspection and maintenance, routine and long-tens maintenance responsibilities,and provision for appropriate access and maintenance easements extending from a public right-of-way to the stormwater controls. lec�- b.PlaNrdle �ueac i. of b�, aoP, ewr. c>w kq_�t, Sc. $4.--i a Date wdc6.1 ca .J. A«J Q.3. 2 d.Plamrntle ` e.D WpdaffAdw-OmmewLUrMpowt Fem•w.aMM - Pps40ri l_ Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Stormwater Management Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Submittal Requirements Online Users: DEP recommends that applicants submit this form,as well as,supporting documentation and plans, Include your with the Notice of Intent to provide stornwater management information for Corvnisslon review document consistent with the wetland regulations(310 CMR 10.05(6)(b))and DEP's Storrnwater Management transaction Policy(March 1997).If a particular storrnwater management standard cannot be met, Information number should be provided to demonstrate how equivalent water quality and water quantity protection will be (provided on provided. DEP encourages engineers to use this form to certify that the project meets the stormwater your receipt management standards as well as acceptable engineering standards. For more information, consult page)with all the Storrmwater Management Policy. supplementary information you submit to the natures D. Signatures g J z' Applicant Name J f4 c -r Data o s Signature Ve"K-%' 4kr- R AJ epresentatin rf any) .1. 6�ceG�•.J, �.� . Date Signature gmfoimIdw•atomnnOvr MfripenwM Form•fw.3MM Mas aMa Stanton W.Bigelow,M.S.,P.E. RECEIVED GA/EnvironmentalEngineer DEC 0 g 2004 wetlands permits . septic designs fide 5inspector . chapter91licenses DEPT.OF PLANNING& zoning issues . slntmird design and conslruction COMMUNITY DEVELOPMENT site development permitting and construction management 6 Winthrop Avenue B.S.,Civil Enginccrigg,Norµich University Beverly,Massachusetts 01915 M.S.,Civil Engineering,Northeastern University ph/FAX: 97"22-2629 ft.bwkssionat Civil ERoneer,Massachusew e-mail: stan.bigelowL)verizon.net DiplomateAmeriamAcademyofEnvnonmcnta/Engineers December 7, 2004 City of Salem, Massachusetts Department of Planning A Community Development 120 Washington Street Salem, Massachusetts 01970 Attention: frank Taormina, Agent Salem Conservation Commission Re: Transmittal of Notice of Intent of Anthony Giacalone to Widen and Extend Almelo Street to Proposed Residence at No. 12 Dear Mr. Taormina: On behalf of my went, Anthony Giacalone,d/b/a A. Giacalone Construction Corp., with corporate offices at R.95 Maplewood Avenue, Gloucester, Massachusetts, recently the owner of properties at 12 and 10 112 Almeda Street in Salem, 1 submit herewith seven (7) copies each of a Notice of Intent to widen and extend the street currently being built as access to such properties, where a single-family residence is proposed to be built The current construction, including a reinforced concrete retaining wall, proposed driveway access and utilities services to the proposed house, is being done in accordance with a Superseding Order of Conditions issued by the Massachusetts Department of Environmental Protection in DEP File No. 64-323 and upheld by Adjudicatory Hearing in September 2003. The work proposed under this Notice of Intent would involve, in addition to widening the roadway by five(5)feet and extending it by sixty(60)feet, up- grading the proposed utility services to include eight(8") inch diameter sewer main with manhole locations from the original proposal of a six (6") inch sewer service to the proposed house, with proposed six (6") inch diameter sewer service proceeding from the main opposite the house location to basement clean-out In the proposed house, and water main location in the street right-of-way to consist of a dry, capped six (6") inch diameter ductile iron main past the retaining wall location to include a one (10) inch diameter copper service to the foundation location, capped at the inside meter mount location. Since construction started on the original Superseding Order of Conditions, an Agreement between the City of Salem,represented by the City Engineer,Bruce Thibodeau,and Mr.Giacalone,was signed on July 30, 2004, allowing construction to proceed in accordance with the Superseding Order, and requiring Mr. Giacalone to submit this Notice of Intent. Should the Conservation Commission deny this Notice, the Agreement requires Mr. Giacalone to appeal such denial to DEP, and should DEP deny the Notice, Mr. Giacalone would be allowed to proceed with completion of the driveway layout approved by the Super- Salem Conservation Commission Page 2 December 7, 2004 seding Order of Conditions as access to the proposed house at 12 Almeda Street. Inherent in the Superseding Order of Conditions are the following: 1) Mr.Giacalone was advised to minimize blasting of ledge on the site, but no expressed prohibition of blasting was inherent in the Superseding Order. In the course of the work, we have found ledge to be more prevalent on-site than we had anticipated, but also have found it,on balance,to be removable by use of excavator-mounted hydraulic hammer impact Ledge has been removed to allow placement of a precast concrete headwall upstream of an 18-Inch diameter culvert pipe at the main drainage crossing,as shown on the plans submitted herewith. 2) Ledge was also found to be at a higher elevation than originally anticipated at the koca- bon of the originally-proposed wetland replication area on the upstream end of the proposed culvert, which prompted an on-site review conference with the DEP Agent, Ronald Stelline, on September 1, 2004, at which he allowed relocation of the wetland replication area to the east (pond)side of the roadway and retaining wall and replacement of the proposed box culvert with the 18-inch diameter pipe shown in the plans. The wetland replication, being between the up- land bank resource area and the proposed retaining wail,calls for extension of the upland bank area to the base of the wall, by grading and planting(vidh indigenous grasses held in place by biodegradable jute mesh netting to replace staked haybales and siltation fence at the end of the project)of the existing bank area to the wall face,allowing it to cover the wall footings and butt up to the wall stem to present a natural-looking transition between wall and pond embankment. This wetland replication,shown in Sheet 6 of 6,Is a copy of a plan submitted to Mr. Stelline in late September, approved by him and incorporated into DEP's Superseding Order of Conditions file as a modification of the approved plan of activities. Inherent in your Commission's approval of this Notice of Intent are the following, in addition to widening and extension of the roadway and upgrade of utilities already described above: 1) Relocation of the existing utility pole at the project entrance,to allow for widening of the proposed roadway in the direction of the abutting property(Silva)at 10 Almeda Street. Mr. Silva's surveyor has confirmed, with on-the-ground survey,the location of the street line in this area, and representatives of the responsible utility, Verizon, have staked pole and guy wire locations in the grassed area previously assumed by Mr. and Mrs.Silva to be their front yard,but in fact being on the street layout side of the property line. 2) Clearing, grubbing and grading of the area between the street line defined above and the edge of proposed pavement, a span of approximately five(5)feet, to match up between grades at the street line and grades at the edge of roadway pavement,which is generally lower than the Silvas'front yard. This will provide them with a clear,unimpeded view of Andy's Pond,which they may or may not appreciate,and our intent is to keep the roadway at a level as unobtrusive to them as we can maintain ft. Completion of the retaining wall installation is anticipated by our contractors after relocation of the utility pole and guy wire,sometime in late January, by which time all of our utility services installations will be completed(working under the Superseding Order with, hope- fully,improvements as detailed in the enclosed plans to satisfy the Department of Public Works. Copies of the Superseding Order of Conditions, the Memorandum of Adjudicatory Finding and the July 30, 2004 Agreement between the City of Salem and Mr. Giacalone are included herewith. Should you or any member of the Salem Conservation Commission have any questions regarding this letter of transmittal Salem Conservation Commission Page 3 December 7, 2004 or any of the enclosed, please feel free to request such information at the Public Hearing, and we will be glad to provide It if it is within our capability to do so. Very truly yours, Stanton W. gelow, M.S., P.E. Consulting CiviVEnvlronmental Engineer Encl. (5) cc: Anthony Glacalone Ronald Stelline, Mass. DEP Bruce Thlbodeau, City Engineer/Director of Public Works Atty. Brian Cassidy COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENvIRoNMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION #UIV Metropolitan Boston—Northeast Regional Office JANE K SWIFT BOB DURAND Govemor Semtars LAUREN A.LISS Commiaaioner Anthony Giacalone cember 10_2002 95R Maplewood Avenue Gloucester,MA 01930 Re: WETLANDS/SALEM DEP FILE#064-0323 12 Almeda Street SUPERSEDING ORDER OF CONDITIONS Dear Mr.Giacalone: The Northeast Regional Office of the Department of Environmental Protection,Wetlands Division,has completed its review of the above-referenced file in preparation to issuing a Superseding Order of Conditions. Pursuant to the provisions of the Wetlands Protection Act(the Act),Massachusetts General Laws,Chapter 131, Section 40,the Department is issuing the enclosed Superseding Order of Conditions allowing the project based upon: 1) Information and plans submitted; 2) Information gathered during the site inspection;and 3) Conditions the Department has deemed necessary to protect the statutory interests identified in the Act. The Department's review of the foregoing information shows that the project site contains the following resource areas subject to protection under the Act: Bordering Vegetated Wetlands (BV W)and Bank of a pond. In accordance with the Wetlands Protection Act and its Regulations,the aforementioned areas are presumed to be significant to the statutory interests as identified on Page 1 of the attached Superseding Order. The project site is an undeveloped area of upland with shallow soils and bedrock outcrops that slopes steeply down to a small impoundment. A narrow band of wetland vegetation borders the pond consisting primarily of silky dogwood,willow,glossy buckthorn,purple loosestrife and sensitive fern.The proposed project is for the construction of a single-family house,a 188 foot long driveway and associated grading. Sewer and water hookups are proposed to the Town system. An open bottomed box culvert is proposed to avoid most wetland impacts;however,a portion of the Driveway will fill approximately 43 square feet of BV W. A 44 square foot TW Wormom b m"&is Yaemb hr=L Ca0"McC4bg.ADACoorenterd 1417456.11n. 205A lowd St Wftkgbon,VA 01867 a Ph m(OM 08146M a Fax(9M L MIS a TMI(IM 0014M DEPon"WON WIN WIL. MI(rJMww.nxaa0QW" 0 Ph @nR* WOP&1W replication area is proposed adjacent to the driveway with a connection to the BVW under the box culvert The remainder of the project will be constructed in the jurisdictional buffers to the BVW and Bank A Notice of Intent was filed April 26,2001 and the Conservation Commission issued an Order of Conditions on July 12,2001 denying the project. The Commission argued that the project is too close to the pond and BVW and would not protect the following Interests of the Act: Groundwater,private.water supply,prevention of pollution and Wildlife Habitat. The Commission believes that construction using blasting or any other technique for removing bedrock may adversely impact the private water wells on adjacent properties and endanger the pond's water levels by creating fiactures in the bottom of the pond,which would also endanger the wildlife habitat created by the pond. Also,BVW may be impacted by the driveway construction and runoff containing deicing material and sand from driveway maintenance. The Applicant filed an appeal for a superseding order of conditions on July 24,2001 arguing that the project met the performance standards for BVW pursuant to 310 CMR 10.55 protecting the interests of the Act A site visit was held September 27,2001 attended by the applicantlappellant and his representative,the Conservation Commission Agent,an abutter and a representative of the Department. DEPARTMENT FINDINGS 1) No evidence has been submitted other than conjectures that shows that blasting or other rock removal techniques would have an adverse effect on the water level in the pond or the water wells on adjacent properties. The Applicant stated that if blasting is used,the applicable regulations governing the use of explosives would be followed; 2) With the exception of a small area of BVW,most of the proposed project is entirely in the buffer to BVW and Bank There are no performance standards for work in the buffer other than to insure the protection of the resource areas. The applicant proposes to control erosion and minimize vegetation impacts in the buffer. If a project in a buffer does adversely affect a resource area,then appropriate action may be taken; 3) The Applicant has proposed at least 1:1 compensation for filling BVW,which meets the performance standards for BVW pursuant to 310 CMR 10.55(4) While the Department may share the concern of the Commission and the abutters over construction near the pond,the Applicant's project meets all the requirements of the Wetland Protection Act and its regulations.The Applicant is strongly advised,however,to take all precautions in preventing erosion and in stabilizing the slope while minimizing the removal/alteration of vegetation-in the buffer. It is the Department's position that the enclosed Superseding Order of Conditions,which approves the project as proposed and conditioned,serves to protect the statutory interests identified in the Wetlands Protection Act,M.G.L.,Chapter 131,Section 40. Please be advised that it is the Department's responsibility to address only those interests identified in the Act However,the Department reserves the right,should there be further proceedings in this case,to raise additional issues and present further evidence as may be appropriate. Should you or any concerned party dispute these findings,your attention is directed to the language at the end of the attached Order specifying the rights and procedures for appeal. Should you have any questions about this decision,please contact Gary Bogue at(978)661- 7788. S. Iy, amesA.S Gary Bogue Section Chief Aquatic Biologist cc: William Manuell,Wetlands&Land Management,Inc.,500 Maple Street,Danvers,MA 01923 Ivone Silva, 10 Almeda Street,Salem,MA 01970 Salem'Conservation Commission,City Hall, 120 Washington Street, Salem,MA 01970 310 CMR 10.99 nFP F&A(16"179 Form S (To be provided by DFP) City/town-Salem. Applicant Siaralane rmldnldinn r nm Superseding Order of Conditions Massachusetts Wetlands Protection Act G.L c.131,§40 Fro T0_02mInne r'nnstmMinn Cmp ofApplicant) Aaga ommaple"M Ave ('enneeeter A n191n (Armlicant) To (Name of Property owner) Adel 4 Same (owner) This Order is issued and delivered as follows: by hand delivery to applicant or representative on (date) X by certified mail,return receipt requested on T) —ham it 7rM7 (date) This project is located at 17 AImMa Street The property is recorded at the Registry of FeeeY Crnth Raab Paoe Certfiq4te(ifre The Notice of intent for this project was filed onAprit�C,1nnl (date) The public hearing was closed on 11 y11 7001 Findings The gartm nt of Fnvimnmmtal Prnteeinn has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the projecL Based on the information available to the prntrdinn at this time,the EkMarhnmt of Rnvimmmmtal Prnteetinn has determined that the area on which the proposed work is to be done is significant to the following interesis in accprdance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): X Public water supply X Flood control Land containing shellfish X Private water supply X Storm damage prevention X Fisheries X Ground water supply X Prevention of pollution X Protection of wildlife habitat Total Filing Fee Submiltetl film nn State Sham i 1 t2 m - Cityfrown Sh rr ti 47'in (Y2 fee in excess of S25) Therefore,the lkparrmalt of Envirnwnpatal Pmtection hereby finds that the followjng conditions are necessary,in accordance with the performance Standards set forth in the regulations,to protect thou hhterests checked above. The IDenartmmr of Fm dmnmerdal Pmtacflrm 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 following conditions modify or differ from the plans,specifications or other proposals submitted with dw Notice of Intent,the conditions shall control. General 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. 2. The Order does not grant any property rights or any exclusive privileges;it does not authorize my 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 heretmder 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 emended 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 maybe extended by the issuing authority for one or more periods of up to three years each upon t 0 der prior to the expiration date of the Order. application to the issuing authority at leas 3 days p i 6. Any fill used in connection with this project shall be clean fill,containing no trash,refuse,rubbish or debris, including but not limited to lumber,bricks,plaster,wire,lath}paper,'cardbomd,pipe,tom,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 is the Registry of Deeds or the land Court for the district in which the land is located,within the chain of title ofthe affected property. 1n the ease of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the same 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 Department nfFnvimnmental Dmteri(nn 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 Protection,File Numb rr nra_t1a=" 10. Where the Department of Euviromnental Protection 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 Special Conditions 11. All work shall conform with the following plans,reports and Special Conditions: a) Notice of Intent dated April 2001 with plans entitled,"Proposed Access Road(Utilities,12 Almeda Street Salem,MA"prepared for Anthony Giacalone dated November 24,2001,prepared by Stanton W.Bigelow, stamped and signed by Stanton W.Bigelow RPE#28581on November 24,2001; b) "Sketch pin ofProposed Wethmd Replication Am 12 Almeda Street Salem,MA"prepared by Wetlands &Lmd Management,Inc.last revised July 30,2002; c) "Wetland Replication Summary and Planting Schedule",Prepared by Wetimds do Lend Management,Inc., last revised July 30,2002; d) The Applicant shell notify the abutters and Conservation Commission two weeks prior to any rock removal. The method of removal,required permits and precautions taken shalt also be Included in the notification; e) Snow removed from the driveway shall not be dumped on the pond side of the driveway or into the replication area ' f) The Replication area will be monitored twice annually for two growing seasons(on or about June 15 and September 15)to assess the relative success or failure of the wetland plant community.Newly planted vegetation will be examined at each monitoring period to determine health and vigor,and recommendations will be made for the replacement of specific stressed or dying plants,if necessary. Invasive species shall be removed by hand.Following the second spring growing season,a greater than 75 percent vegetative cover is anticipated within the replication area. 12. This Superseding Order supersedes all previous Orders issued for this project,DEP-File#064-0323. All work shall conform to the Notice of Intent and plans and documentation referenced above unless otherwise specified in- this Superseding Order. In case of a conflict,the Conditions of this Superseding Order shall prevail. 13. A copy of this Superseding Order shall be included in all construction contracts and shall supersede any conflicting requirements. 14. A copy of this Superseding Order as well as the plans referenced in Condition#11 shall be available on site while activities regulated by this Order are being performed. In addition to the owners,all contractors and subcontractors shall be held responsible for compliance with this Superseding Order. 15. This Superseding Order shall apply to any successor or assigns in interest or control and any other patty engaging in activity on the property identified in the Notice of Intent. 16. Any proposed or executed change in the plans approved under this Superseding Order shall require the applicant to file a new Notice of Intent with the conservation commission or to inquire of the Department in writing whether the change is substantial enough to require a new filing. A copy shall be sent at the same time to the Conservation Commission. Any errors in the plans or information submitted by the applicant shall be considered changes and the above procedures shall be followed Members and agents of the Department and the Salem Conservadon Commission shall have the right to enter and inspect the presto evaluate compliance with the conditions stated in this Superseding Order,and may require the submittal of any data deemed necessary by the Department for that evaluation. 1 S. No filling,landscaping or general alienation of land,by the current owner or any and all successors in interest shall be allowed by this Order beyond or below the Limit of Work as shown on the plan referenced in Condition#11. 19. The applicant shall notify the Department and the Conservation Commission in writing at least 72 hours before any activities are to begin on the project site. At this time,the applicant shall provide the Department and the Commission with the name(s),address(es)and telephone number(s)of the person(s)responsible for ensuring on-site compliance with this Superseding Order and his or her alternate. Prior to any earth-moving activities or clearing of vegetation,filter fabric fencing shall be installed upgradient ` all resource areas along the limit of activity between areas to be disturbed and all downgradient wetlands,as 'Shown on the referenced plan. These erosion controls shall indicate the limit of disturbance. There shall be no activity beyond the erosion control barrier. The Applicant shall minimize the amount of disturbance to the vegetation from the placement of the erosion control barrier. 021. All sedimentation barriers shall be'maintamed in good repair until all disturbed areas have been fully stabilized with vegetation or other means. At no time shall sediments be deposited in the wetland 22. No soil or other materials shall be stockpiled within the Buffer Zone. Excess soil,rock and debris excavated or generated during the course of this project shall be removed from the st and disposed of in a legal manner. Records as to the destination of all materials,including excess fill and lost, to be removed from the site shall be kept on file and ahail be provided to the Department and the Commission upon request. 24. All disturbed slopes shall be 3:1 or flatter except where appropriate rip-rap,sod,or remitting walls are planned, and all slopes not to be rip-rapped or paved shall be vegetated for stabilization(loomed and seeded). 25. In areas where dewatering becomes necessary,all discharge water shall be pumped into a sediment trap constructed in a proper upland area or through a series of filter pipes or shall be treated by otha methods acceptable to the Cometvation Commission or the Department in order to remove all suspended sediments within the water and thereby prevent sitmtion of nearby water courses and vegetated wetlands. The Conservation Commission and Department shall be notified in advance as to what method will be employed on site. in noway shall silty water ever be discharged Into any protected Resource Areas by the contractor or any other subcontractor involved in the project. 26. Upon completion of the project,the applicant shall request a Cetificate of Compliance from the Department and shall submit the following information with the request a) A written statement by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts certifying compliance with the approved plans referenced above and this Superseding Order of Conditions and setting forth deviations,if any exist. b) Two sets of as-built site plant prepared by a registered land surveyor or registered professional engineer showing the location of the houses,driveway,roadway,utility lines and associated grading,utminwater BMPs,replication area,limit of work line,landscaping, and the delineated wetlands. . 27. The attached cover letter hJWreby Jointly and severally made a part of this Superseding Order of Conditions,and shall be recorded at the Registry of Deeds together with the Superseding Order. Issued b Department of Environmental Protection Si' day of before me personally appeared 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 n r � NomOubtic My commishop eipires Findings Pursuant to M.G.L.Chapter 30, Sections 61 to 62H inclusive (M.E.PAL) The project as described in the Notice of Intent for DEP File B 064.0323 is"categorically exempt pursuant to the Implementation of the Massachusetts Environmental Policy Act"as adopted by the Secretary of Enviroomental Affairs. This project is'categorically exempt"as the Wetlands Thresholds established under 301 CMR 11.03(3)of M.G.L.Ch.30,Sec.61 to 62H inclusive,have not been exceeded. This fording is only applicable to activities proposed for the above-referenced fete number before the Department of Environmental Protection,Wetlands Section. 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. APPEALRIGHTS A). Appeal Rights and I'mte Limits The applicant,the owner,any person aggrieved by the Superseding Order,any owner of land abutting the land upon. which the proposed work is to be done,or any ten(10)persons purst mt to M.G.I..c30A,§10A,are hereby notified of their right to request an adjudicatory hearing pursuant to M.G.L.c30A,§ 10,providing the request is made by certified mail or hand delivery to tlteMepartment,with the appropriate filing fee and a DEP Fee Transmittal Form within ten(10)business days from the date of issuance of this Superseding Order,and addressed to: Docket Clerk Office ofAdministrative Appeals Department of Environmental Protection One Winter StrccS 3i°Floor Boston,MA 02108. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission,the applicant,and the issuing office of the DEP at: Department of Environmental Protection Northeast Regional Office 205A Lowell Street Wilmington,MA 01887 Contents of Hearing Request A Notice of Claim for Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR 1.01(6).and shall contain the f0110wpog information: (a) the DEP Wetlands File Number,name ofthe applicant and address of the project; (b) the complete name,address,and fax and telephone numbers of the party filing the request,and,if represented by consultant or counsel,the name,fax and telephone numbers,and address of the representative; (c) the names,telephone and fax numbers,and addresses of all other parties,if known; (d) a clear and concise statement of(1)the facts which are grounds for the proceedings,(2)the objections to this Superseding order,including specifically the manner in which It is alleged to be inconsistent with the Department's Wetlands Regulations,310 CMR 10.00,and does not contribute to the pmt=dOn of the interests identified in the Act,and(3)the relief sought through the adjudicatory hearing,Including specifically the changes desired ha the Superseding Order; (e) a statement that a copy ofthe nquest has been seat by etfied mail or hand delivery to the applicant and the conservation commission. Filing Fee and Address A copy of the Notice of Clain along with a DEP Fee Transmittal Form and a valid check or money order payable to the Commonwealth of Massachusetts in the amount of one hundred dollars(SI00)must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection Commonweeltti Master Ladd)Ox P.O. Box 4062 Boston,Massachusetts 02211 The request will be dismissed if the filing fee is not paid,unless the appellate is exempt or granted a waiver. The filing fee is not required if the appellant is a city or town(or municipal ageneyl county,or district of the Commonwealth of Massacbnsatts,or a municipal housing authority. The Department may waive the adjudicatory hearing filing fee pursuant to 310 CMR4.06(2)fora person who shows that paying the fee will create an undue financial hardship. A person seeidng a waiver must file an affidavit setting forth the facts believed to support the claim of undue financial hardship together with the hearing request as provided above. Detach on dotted fine and-submit to the Department of Rm rnnmental»mend^^prior to commencement of work To Issuing Authority. Please be advised that the Order of Conditions for the project at 17 AlmMa Cheer(Parrott 114 and 122)Ral 4 MA DIR File 0 n64-0179 has been recorded at the Registry of Essexand has been noted in the chain of title ofthe affected property in accordance with General Condition on tit e.cJ. 23 7 Ifrecorded land,the instrument:mhmber which identifies this transaction is U eml, 22542 Ps r 431_ If registered land,the donun which identifies this transaction is Si ficant COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS OFFICE OF ADMINISTRATIVE APPEALS September 2, 2003 in the Matter of Docket No. 2002-228 GIACALONE CONSTRUCTION CORP. File No. 064-0323 Salem MEMORANDUM OF DECISION 200403�230804uBIk:22548 Pn,1l 483 00 03/23/24 15:22:00 OTHR Pp 119 On this date, (1) the Department of Environmental Protection issued for lthe above lwetlandson g Final the file, and therefore l (2)ng O the rS C was of a made iti na Final Order of Conditions, and (3) the Final Order of Conditions was issued. The SOC is valid for three years from this date. This Memorandum of Decision may be recorded at the..appropriate r Registry-of=Deeds or at the Land Court .together with a copy of the Superseding Order of Conditions that was made Final by the Final i Decision. The Final ,Decision need not be recorded. . See o,l64 fI *- -+ ,I Marl L. -Silverstein Administrative Law Judge ii � ��r��_��,,,, On this Z..d day of 141� 1 ""'"^" 2003 before me -personally appeared Mark L. Silverstein, to ine 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. ' Jr\ee fA /1l �rn.p� ,Lf, i 5 ck�i� =y Nota Public My cdmmission expires II G yow,ces'�t N q o \9 30 Deecll I Jul 27 04 03952P michele herrizon 18781 283-6365 P.2 A7/2T/2001 ftR 15:33 FAX tt A F. U.P QJ001 ,Iu1 27 04 08:46a ' o1chele harrtson 9278) 283-8266 P•• �C ...•err sts-rwuyxt THE Cfl'Y OR EALEM f .nrrtrnwy 3ACALOIVR.ANIZ �p[�w1_f►TrJ......eTt:ttrnA�t rnutPAi`*v The City of Salem,Massachu rat, I muoieipd.rorTocstion with ib usual place of business located s170 Washington Sttcet,Sown, cifty Giscal m,s alrasPre' id etto through its Ci end. Giscaloae sr psesidet,t of G(aalaru DopatOrtent of Public Works.("dtc b) 06ytton with ice usual Pl"u of businea at 95R Maplewood Com1 f,Olin:ttHMM� �acd�.,)hereby�k as foilows: Maplewood Awnmte,0 WHMAS,Gittcal011e is the owner of two petals of land in Salem,Esmx County, Massachusetts,being f ats numbered So and S I es dine on said subdivision plan of Almeda Pttrk owned by Frederick H.Griswold,dated July 1919,Thus A Appleton,CE.,Section 1, rw tiled with the Gsnex County Soudi Reg'tseY of Deeds,Book 2430 Page_131:and. WHMAS,Giaealome applied from and was denied a State and Local W edands Permit to contruct scans to said property within the layout of Almeda Street and subsequently receive t of Environmental a Superecdiitg Order of Conditions from the Masseehttsetts 1)epAtttncn Protection and entered into an Agreement for Judgmatt with du City to construct said at ceaS in accordance with the Superceding Order of CooditiOnS;and, WHEREAS.the L1y issued a cease L7d desist order and seeks to have Giacalone construct access 10 the property the full width of the pub tic section of Almeds Stint;and, WHEREAS,Gisealone disputes the Cityautbority.to issue said cease and desist order end asserts that be hu he light to constrict the access to amordana with the 9uperceding Older of Conditions;and. WHEREAS.Glacalolx old the City are desirous of avoiding the time involved in litigating these issues: The City and Giaealoao Agra to follows: 1. The City hereby lifts its asse sod desist order and Giacslone may c2usauct the access to his property in accordance with the Departman 0f rnvisomtmdal protections 5upt seeding Order oCCotdittonS. 2. Within 120 days from tits date of thus Agreement Oiscalone shall apply to the Salem Coutxsv. within ion for an Order of conditions to extend Alemda Street At A paved width of approximately twstty-fovr(24)feet wittti0 )u Y 1919, Thomas A said�Appletvn,C.E., of Almeda Park,oumed by Frederick>L Otis of lxeds ti0uk 2430 Pagc 131,from hire Section 1,fded nrldEss c rt0rthwesl property littf of Lot St end of the exis;inC Couitty 3. Prior to submining the appucatton m the Salem Cornnsc tt of boIl Wow for r cchCo ew shell submit hit plAns for the sold q inoaiom to the mpastm i Jul 27 04 03952p michele harrison 1878J' 283-9966 p. 3 07/27/2004 79E 1e:34 FAX K A F. LIP ®00! jul 27 04 0ss468 Michele harrison 107¢) 292-8966 p•4 and Comment. 7lsa City"I so/impose any toad design or eoasnu A011 requirements Upon Glacalone that would result in the endeosion being of gam valdtb or hIsher cotlstruetiolt standards tbet the existing public portico of l So Mel Street. ciacalane 511 alit Sl. in will l emend nt�tpublicfewer only the distance and sire MCNM*' be thee 6 eve me dtaance and slat necessary to.eetvviice Lqu 38 and St.d the public supply it trSl only 4. in the event that the Conservation COUMnission denies Giaealoaa r application for an Order of Conditions.Oiocalone t¢utll appeal that dcaision to the Massacbusetts Depamnent of Evvilonmentat Protection. The City and t)iacalone agree to be bound by the dekrmind%on of the Massach"'tts S.Department he Environmental protmtion and bath the City and Giacalone shell hereby waive their right to appeal the Supereeding Order orConditions. 6. In the event ihat.tl[e Salem Conservation Commission or the Msswo s Depattnnut of Environmental Protection approves G'scalone's project asset forth rth in n Patagnph 2,Giacalone shell post petfOrretu ce bond for the beat of the City equal to the esiimatcd cost . of the road extension 7. This Agreement shalt be a binding contract under MassachusC"A law. Signed they of July 2004 Giacalone Construction Company.Inc City of Salon By: By: Anthony 'soul e President 2 NOTICE OF PUBLIC HEARING Notice is herebygiven that the I g e Salem Conservation Commission will convene a Public Hearing in the 3rd Floor Conference Room in the City's Planning and Development Department Offices at 120 Washington Street, Salem, Massachusetts, at 6:00 P.M. on Thursday, December 9, 2004, to review, receive public comments on, and take action by vote of the Commission on a Notice of Intent submitted by Anthony Giacalone, d/b/a A. Giacalone Construction Corp. of R95 Maplewood Avenue, Gloucester, Massachusetts, for widening and extension of the Private Way known as Almeda Street to provide access to a single-family residence to be built 12 Almeda Street. The roadway to be widened and extended is already permitted and under construction in accordance with a Superseding Order of Conditions issued by the Massachusetts Department of Environmental Protection at DEP File No. 64-323. The Commission will only address the intended widening (by five (5') feet) and extension (by sixty (60') feet) that are the subject of the cuirrent Notice of Intent. 12� /21/05 16:25 FAX 9787413415 TOGF REAL ESTATE @002 TINTI, QuINN, GROVER & FREY, P.C. 222 ESSEX STREET SALEM,MASSACHUSETTS 01970-3705 WILL AM J.TINn TELEPHONE WILLIAM B.ARDIFP(1965-1995) tinu®tlnttlaw.mm (978)7454065 • (978)744-2948 MARCIA MUIFORD CIM WILUAM F.QUINN TPLECOPIDt OF Coum 'ArdEamFQuinn@ad.mm (978)7453369 SCOTr M.GROVER w .fintilawm amgr er tintilaw.mm MARC P.FREY mpfeeylttfmdaw.mm MARCY D.HAUBER mhsulm4ttintiLw"m 12/21/2005 By Fax to 617-242-0900 and Regular Mail Paul J. Anthony,Esq. Anthony,Brooks&Crowley 303 Main Street Charlestown,MA 02129 RE: Agarwai/McCarthy Sale of Almeda Street Lot to Morris Dear Paul: As you know,I have acted as local counsel to Rekha Agarwal and Sean McCarthy with regard to Conservation Commission issues related to their lot on Almeda Street. I recently successfully prevailed on the Salem Conservation Commission to reduce an outstanding$6,800.00 fine against them and their property to$ 3,400.00. The Conservation Commission took this action in conjunction with its issuance of a new Order of Conditions on the parcel. Based upon what I was told by the clients,I represented to the Commission that issuance of the order was a condition of the sale of the parcel to Stephen Morris,which 1 understand will soon occur, and I promised City Planner Lynn Duncan that the fine would be paid before or at the closing,and that no additional enforcement action will be required. After speaking several times with Rekha,I understand that the clients are unable to pay it earlier,but have authorized you to see that payment is made out of their closing proceeds. 12/21/05 16:26 M 9787413415 TQGF REAL ESTATE 003 Page 2 Paul J.Anthony,Esq. Please confirm to me that a check drawn on good funds for$ 3,400.00 made payable to the City of Salem Conservation Commission will issue at the closing and be mailed directly to me,so that I may deliver it to the City. Please also advise me when the closing is likely occur,and let me know if I need to inform anyone else of the need for these arrangements. Very truly yours, . ��W Copy: Rekha Agarwal Lynn Duncan/Salem City Planner 12/21/05 16:24 FAX 9787413415 TQGF REAL ESTATE ®001 TINT1 , QUINN, GROVER it PREY, P .C. 1114 FACSIMILE TRANSMITTAL SNBET TQ Dr"e-^,n Pa"A p� DATE: PAX I yo . o o TOTAL NO.O!9AOLS lWUWING CM PNmt NUMER: TEI MCM NIROE& 978-745-SM RE: /�Y s TBLE MB/Ek '{1{� �'/�i.,�► 978.741-3415 ❑uRGENT O POE.REVIEW O PLEASE OOMNENT O PLEASE REPLY O PLEASE RECYCLE NOTES/CO10�NI5: A do le Thin ttbaopyis auomegr]iem and o tWw co6&ntial mfamamon mopd Ody��P er) mimedAav0. Aoyothv aopyiogor&sclarmeirauicdypmhdmed. if you have this WWPym am,&W no*+s i mm�bycde*ae,aid mum the oligimt umm isum to to bym i Withommahmgacopy. 222 ESSEX STREET SALEM,MA 01970-3709 TBLBPHONB, 975-775-5065 TBLBPAR, 97E-741.3415 ' . o CITY OF SALEN e CONSERVATION COMMISSION December 13,2005 VIA CERTIFIED MAIL Rehka Agarwal 60 Brighton Street Belmont,MA 02478 Sean McCarthy 53 Oakland Avenue Brighton,MA 02135 RE: Issuance of Fines for Wetland Violations at 12 Almeda Street,Salem,MA Dear Ms.Agarwal&Mr. McCarthy: The Commission acting under the jurisdiction of the City of Salem Ordinance Pertaining to General Wetlands has issued you a fine in the amount of$3,400. The Ordinance states, "Any person who violates any provisions or any condition of a permit issued pursuant to it shall be punished by a fine of not more than $200. Each day or portion thereof during which a violation continues shall constitute a separate offense". A violation letter was sent on June 2, 2005 stating that the site must be brought into compliance within 7-days or the Commission would begin assessing maximum fines of $200 a day. The request was ignored and the applicant/property owner began accruing fines on June 24, 2005. Because of reasons outlined in the violation letter dated August 4, 2005, the commission agreed to hold the $6,800 in accrued fines for the above referenced property in abeyance. As you are aware, on Thursday, December 8, 2005, at the regularly scheduled Salem Conservation Commission meeting, the Commission voted unanimously, five (5) in favor and none (0) opposed, to issue a fine in the amount of $3,400, which is half the total amount of fines that were held in abeyance for the above referenced project The fine must be paid by check payable the City of Salem Conservation Commission no later than January 31, 2006. If the commission is not in receipt of this fine within the allotted timeframe,the commission will revoke the Order of Conditions for DEP#64-382. WSSIcerell a Planner/ onservation Agent Cc: Salem Conservation Commission Beth Rennard,Assistant City Solicitor Department of Environmental Protection,NERO 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM 09/48/05 17:34 FAX 9787413415 TQGF REAL ESTATE @001 TINT[ , QUINN, GROVER k PREY, P .C. FACSIMILE TSLANSMITTAL SHEET DATE: NO • 0 Y® 7 TOTAL NQ OF PAGE5IN=ING COVER: P190t1E WME& / 7EI1PH0m NUM B21L 978-745.8065 RE: TE E AO MME& _/j nt/c✓a 978-741-3415 O URGENT 0 FOR REv1EtP O PLEASE COMMENT O PLEASE REPLY O PLEASE RECYCLE NOTES/CUNWNTS: Ws weown swmey-c�p&aerd and oo oomffideaual mfomstdon inwn"onlyforthe petson(s) mined above. Anyodzr dismbuaoq oopyiog or ditclaaum is stri*proLbited, if you have moeived this teleoopyin eaor,pleam Do*w immediaoelybyukphone,add mtom the otWW tmsmis =to us byama wiThouc maldDg a copy. 222 ESSEX STREET SALEM, MA 01970-3705 I TELEPHONE, 979-745.5065 TELEFA%, 978-741-3413 09/18/05 17:35 FAX 9787413415 TQGF REAL ESTATE a002 TINTI, Qum, GROVER & FREY, P.C. 222 ESSEX STREET SALEM,MASSACHUSEITS 01970-3705 WILLIAM J.TWn TELEPI(OM WIUJAM B.ARDIFP(1965-1995) tints@dnt8a.s (978)7458M• (978)744-2948 MARCIA MULFORD CINI WILLIAM F.QUINN OF COUNSEL willumF4uhm@"I. TELB(978)745-3369 ODPIER SCOrIT M.DROVER wwwAWJRw.wm nngewer tintflawm MARC P.FRET mp(rey®tindlaw.c "9i8i2005 �1C � City of Salem Conservation Commission S8 6 120 Washington Street L Salem,MA 01970 RE: 12 Almeda Street,Salem �f I S S Notice of Intent Filing DEP#64-382 3 �1 5 1--, M0 l on ZZz Dear Chair and Members: S v -I S3Z 50Q— Although this application was originally filed in the name of Anthony Giacalone, the owners are my clients Rehka Agarwal and Scan McCarthy who purchased it from Mr. Giacalone on July 14,2004. Please amend the application to name my clients as applicants. Very truly yours, William F. Quinn � t v CITY .OF SALEM rA CONSERVATION COMMISSION November 22, 2005 VIA CERTIFIED MAIL Rehka Agrwal 60 Brighton Street Belmont, MA 02478 Re: DEP #64-382—I2 Almeda Street, Salem, MA Dear Dr.Agrwal: As you are aware,you have failed to appear to the last three scheduled Salem Conservation Commission meetings, and have failed to notify the Commission in writing prior to each of those meetings to request that the public hearing for the above referenced project be continued. At the November 17, 2005 Salem Conservation Commission Meeting the Commission voted 3 - 2 to continue the public hearing to December 8,2005. However, I was directed by the Commission to inform you that if you do not submit the following documents and address the following items prior to the December 8c6 meeting the commission will vote to deny this project based on not enough information to issue an Order of Conditions.The following are the required documents and items that must be addressed: A detailed Planting and Replication Plan,signed by a Wetland Scientist, shall be submitted on or before Monday, December 5". In addition, that hired wetland scientist shall be present at the December 8, 2005 public hearing to answer any associated technical questions. A complete Stormwatet Management Form (I have enclosed a copy for you) shall be submitted on or before Monday,December 5 . Y A Professional Engineer (PE) must be present at the December 8, 2005 meeting to discuss the engineering of the roadway extension and make certain that the roadway proposed is in keeping with the written agreement between the City of Salem and the property owner 12 Almeda Street. The PE must cross-reference the existing roadway design with the Stormwater Management Form and make certain that all nine Stormwater Management Standards are being rpet. Lastly, the PE shall be prepared to answer any technical questions that Commission may have relative to the proposed roadway extension project. 120 WASHINGTON STREET, SALEM, MASSACIIUSE17S 01970 . TEL: 978.745.9595 FAX: 978,740.0404 ♦ WWW.SALEM.CGM v I � i The property owner of record shall be prepared to discuss the fines held in abeyance, in the amount of$6,800, associated with the violation of numerous conditions under the Superseding Order of Conditions DEP #64-323. Should you fail to submit any of the above referenced documents or fail to address any of the above referenced items,again, the commission will be forced to vote to deny the Notice of Intent based on the fact that there is not enough information needed to issue a Order of Conditions. Should the Commission vote to deny this application because you fail to address all of the above referenced items, the commission will issue you an Enforcement Order for violation of the Wetlands Protection Act 310 CMR 10.00. In addition, the Commission will issue you a fine of 56,800, for the full amount of the fines held in abeyance. It is the Commission's hope that you will address all of the above referenced items and that you and your development team will be present at the December 8, 2005 meeting so that we can review this project and work toward issuing an Order of Conditions. Sincere , rank ao a, lanner/ onservation Agent Cc: Salem Conservation Commission Bruce Thibodeau, City Engineer/Director of Public Services Beth Rennard,Assistant City Solicitor -0v CITY OF SALEM ' CONSERVATION COMMISSION August 4, 2005 VIA CERTIFIED MAIL Rehka Agrwal 60 Brighton Street Belmont,MA 02478 Sean McCarthy 53 Oakland Avenue Brighton, MA 02135 RE: Violations at 12 Almeda Street, Salem, MA—Superseding Order of Conditions DEP#64-323 & Notice of Intent filing DEP#64-382 Dear Ms. Agrwal &Mr. McCarthy: As co-property owners of 12 Almeda Street, I am outlining the history of the property with respect to current wetland violations on the property. There are two concurrent projects occurring on your property. The first project is the construction of a single-family home,which was originally denied by the Salem Conservation Commission (July 21, 2001) and the Salem City Council (Nov. 30, 2001). Anthony Giacalone, the property owner, appealed the denial with the Massachusetts Department of Environmental Protection (DEP) and the DEP overturned the denial and issued a Superseding Order of Conditions (Dec 10, 2002). The DEP's decision was then appealed by a group of abutters to 12 Almeda Street. The DEP denied the abutters appeal and approved the Superseding Order of Conditions (DEP #64-323) on September 2, 2003 valid for three years that will expire on September 2, 2006. The second project is the widening and extension of Almeda Street to the rear of the lot line per the binding agreement signed on July 22, 2004 with the City of Salem Engineering Department and Anthony Giacalone,Giacalone Construction Co, as the applicant and property owner. In order to widen and extend Almeda Street the applicant/property owner must file a Notice of Intent (NOI) with the Salem Conservation Commission for work within a buffer zone and filling of bordering vegetative wetlands (BVV/) along Andy's Pond. Prior to filing a NOI, the applicant illegally began roadway work by erecting a retaining wall and filling a portion of BVW. In November 26, 2004 Anthony Giacalone, Giacalone Construction Co, filed a NOI again as the applicant and property owner. The applicant showed the replication area on the plans submitted with the NOI in the adjacent upland area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 4 WWW.SALEM.COM r between the edge of the pond and the proposed roadway but did not submit the required planting and replication plan. The commission requested that Mr. Giacalone submit a planting and replication plan. On December 14, 2004 the Salem Conservation Commission issued an Enforcement Order to Anthony Giacalone for activity in violation of condition #20, #21, #22, & #23 of the Superseding Order of Conditions DEP #674-323. • Stockpiling of soil and construction debris within the buffer zone of a Bordering Vegetated Wetland. Condition #22 stipulates "no soil or other materials shall be stockpiled within the buffer zone" and conditions #23 states that"excess soil,rock, and debris excavated or generated during the course of the project shall be removed from the site and dispose of in a legal manner". • Haybales and siltation fencing used for erosion control measures are in disrepair and must be replace and re-staked as shown on the approved plans referenced in the Superseding Order of Conditions. Condition #21 states that"all sedimentation barriers shall be maintained in good repair....and at no time shall sediments be deposited in the wedand". • Rocks,boulders, and construction debris that have breeched the erosion control barrier must be removed from the resource area immediately. Condition#20 states, "the erosion controls shall indicate the limit of disturbance and there shall be no activity beyond the erosion control barrier". Because of the weather conditions at the time, the commission deferred restoration work until winter ended. On May 28, 2005 the commission held a site visit at 12 Almeda Street and determined that the site was still in violation of condition #20, #22, & #23 of the Superseding Order of Conditions. A letter was sent on June 2, 2005 stating that the site must be brought into compliance within 7-days or the commission would begin assessing fines of$200 a day. The request was ignored and the applicant/property owner began accruing fines on June 24, 2005. I had several phone conversations with Ron Stelline of the Massachusetts Department of Environmental Protection (DEP) to discuss these violations. They advised me to research property ownership. Subsequent to my deed research, Rehka Agrwal & Sean McCarthy has owned 12 Almeda Street since July 13, 2004. However, throughout the permitting process, Anthony Giacalone,Giacalone Construction Co. has been filing as the applicant and property owner. All of the correspondence for the concurrent projects have been sent to the applicant and property owner of record,Anthony Giacalone. There was some mention of a perspective party potentially purchasing the property at the Match 24, 2005 Conservation Commission Meeting, and at which time, the commission requested that if the I property changed hands, the contact information of the new property owners must be forwarded to the commission and an acknowledgement that he/she is aware of the wetland violations. That request was also ignored. Aside from the fact that this project has been misrepresented and poorly managed, DEP informed me that the onus of compliance falls on the property owner;regardless of whether he/she is aware of what his/her development team is doing on his/her behalf. Because you have owned this property since July 13,2004, again unbeknownst to the Salem Conservation Commission,you will be responsible from this day forward to bring the site into compliance and move the project toward completion. The Salem Conservation Commission at the July 28, 2005 meeting agreed to hold the $6,800 in fines issued to Mr. Anthony Giacalone in abeyance. The commission directs you to bring the site into compliance within 14 days receipt of this letter or the commission will begin issuing you fines of$200 a day until the site is brought into compliance and the Conservation Agent is notified to confirm compliance. In addition, the commission is also directing you to be present at the September 8,2005 Salem Conservation Commission Meeting with your attorney and new or present development team to discuss the fines held in abeyance and the submission of the required planting and replication plan for the Notice of Intent, DEP #64-382. Sincerely, Yra ao a, Planner/ onservation Agent City of Salem Cc: DEP, NERO Salem Conservation Commission Lynn G. Duncan, Director of Planning and Community Development William F. Quinn,Attorney at Law Anthony Giacalone, Giacalone Construction Corp. -3- 1 `,WL • F, � ' � t a vet fi , �a : • � i A �s a5 e n It AL x.% x �'' +4 "'.•. ate"-' '� s { ` . :. - r r• �°A n li � - s- rG y- �SvC n 1 4 •�. .w r' _1 y, - z x w• - •. BEFORE-Reverse angle of retaining wall looking toward Almeda Street 2 n i v�•yy� L AFTER-Reverse angle of retaining wall looking toward Almeda Street,showing new slit fencing and hay bales Page 3 of 5 Y... 4 a • Y Y' k�&R' -4' f e:. f� rid , •'. 'Y � Y 1 - ,r Y. "J 4. 4 NF L r CITY OF SALEM CONSERVATION COMMISSION August 11, 2005 VIA CERTIFIED MAIL Rehka Agrwal 60 Brighton Street Belmont,MA 02478 Sean McCarthy 53 Oakland Avenue Brighton, MA 02135 RE: Compliance with Superseding Order of Conditions DEP#64-323, 12 Almeda Street, Salem, MA Dear Ms. Agrwal&Mr. McCarthy: I met with Mathew Lama,your site contractor, today to inspect the violations of condition #20, #21, #22, and #23 of the Superseding Order of Conditions (DEP #64-323) at the above referenced property. Following a thorough inspection, I have determined that each of the aforementioned conditions in violation have been brought into compliance. Therefore, this letter is notification that you may proceed with your construction project as approved under the superseding order. Please note that prior to pouring a foundation or fabricating the single-family dwelling you must first contact Tom St. Pierre,Building Commissioner, at (978) 745-9595 ext 380 to discuss requirements for a building permit. I look forward to seeing you and your development team at the next scheduled Salem Conservation Commission Meeting on September 8, 2005 to discuss the fines held in abeyance and the submission of the required planting and replication plan for the Notice of Intent, DEP #64-382. Sincerely, ran ornuna, Planne /Conservation Agent Cc: DEP,NERO Salem Conservation Commission Thomas St. Pierre,Building Commissioner William F. Quinn,Attorney at Law 120 WASHINGTON STREET, .SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM CITY OF SALEM CONSERVATION COMMISSION August 4, 2005 VIA CERTIFIED MAIL Rehka Agrwal 60 Brighton Street Belmont, MA 02478 Sean McCarthy 53 Oakland Avenue Brighton,MA 02135 RE: Violations at 12 Almeda Street, Salem, MA—Superseding Order of Conditions DEP#64-323 & Notice of Intent filing DEP#64-382 Dear Ms. Agrwal&Mr. McCarthy: As co-property owners of 12 Almeda Street, I am outlining the history of the property with respect to current wetland violations on the property. i There are two concurrent projects occurring on your property. The first project is the construction of a single-family home,which was originally denied by the Salem Conservation Commission (July 21, 2001) and the Salem City Council (Nov. 30, 2001). Anthony Giacalone, the property owner, appealed the denial with the Massachusetts Department of Environmental Protection (DEP) and the DEP overturned the denial and issued a Superseding Order of Conditions (Dec 10, 2002). The DEP's decision was then appealed by a group of abutters to 12 Almeda Street. The DEP denied the abutters appeal and approved the Superseding Order of Conditions (DEP #64-323) on September 2, 2003 valid for three years that will expire on September 2, 2006. The second project is the widening and extension of Almeda Street to the rear of the lot line per the binding agreement signed on July 22, 2004 with the City of Salem Engineering Department and Anthony Giacalone, Giacalone Construction Co, as the applicant and property owner. In order to widen and extend Almeda Street the applicant/property owner must file a Notice of Intent (NOI) with the Salem Conservation Commission for work within a buffer zone and filling of bordering vegetative wetlands (BVW) along Andy's Pond. Prior to filing a NOI, the applicant illegally began roadway work by erecting a retaining wall and filling a portion of BVW. In November 26, 2004 Anthony Giacalone, Giacalone Construction Co, filed a NOI again as the applicant and property owner. The applicant showed the replication area on the plans submitted with the NOI in the adjacent upland area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM between the edge of the pond and the proposed roadway but did not submit the required planting and replication plan. The commission requested that Mr. Giacalone submit a planting and replication plan. On December 14,2004 the Salem Conservation Commission issued an Enforcement Order to Anthony Giacalone for activity in violation of condition #20, #21, #22, & #23 of the Superseding Order of Conditions DEP #674-323. • Stockpiling of soil and construction debris within the buffer zone of a Bordering Vegetated Wetland. Condition #22 stipulates "no soil or other materials shall be stockpiled within the buffer zone" and conditions #23 states that"excess soil, rock, and debris excavated or generated during the course of the project shall be removed from the site and dispose of in a legal manner". • Haybales and siltation fencing used for erosion control measures are in disrepair and must be replace and re-staked as shown on the approved plans referenced in the Superseding Order of Conditions. Condition #21 states that"all sedimentation barriers shall be maintained in good repair....and at no time shall sediments be deposited in the wetland". • Rocks,boulders, and construction debris that have breeched the erosion control barrier must be removed from the resource area immediately. Condition#20 states, "the erosion controls shall indicate the limit of disturbance and there shall be no activity beyond the erosion control barrier". Because of the weather conditions at the time, the commission deferred restoration work until winter ended. On May 28, 2005 the commission held a site visit at 12 Almeda Street and determined that the site was still in violation of condition #20, #22, & #23 of the Superseding Order of Conditions. A letter was sent on June 2, 2005 stating that the site must be brought into compliance within 7-days or the commission would begin assessing fines of$200 a day. The request was ignored and the applicant/property owner began accruing fines on June 24, 2005. I had several phone conversations with Ron Stelline of the Massachusetts Department of Environmental Protection PEP) to discuss these violations. They advised me to research property ownership. Subsequent to my deed research, Rehka Agrwal&Sean McCarthy has owned 12 Almeda Street since July 13, 2004. However, throughout the permitting process, Anthony Giacalone, Giacalone Construction Co. has been Filing as the applicant and property owner. All of the correspondence for the concurrent projects have been sent to the applicant and property owner of record,Anthony Giacalone. There was some mention of a perspective party potentially purchasing the property at the March 24,2005 Conservation Commission Meeting, and at which time, the commission requested that if the property changed hands, the contact information of the new property owners must be forwarded to the commission and an acknowledgement that he/she is aware of the wetland violations. That request was also ignored. Aside from the fact that this project has been misrepresented and poorly managed, DEP informed me that the onus of compliance falls on the property owner; regardless of whether he/she is aware of what his/her development team is doing on his/her behalf. Because you have owned this property since July 13, 2004, again unbeknownst to the Salem Conservation Commission,you will be responsible from this day forward to bring the site into compliance and move the project toward completion. The Salem Conservation Commission at the July 28, 2005 meeting agreed to hold the $6,800 in fines issued to Mr. Anthony Giacalone in abeyance. The commission directs you to bring the site into compliance within 14 days receipt of this letter or the commission will begin issuing you fines of$200 a day until the site is brought into compliance and the Conservation Agent is notified to confirm compliance. In addition, the commission is also directing you to be present at the September 8, 2005 Salem Conservation Commission Meeting with your attorney and new or present development team to discuss the fines held in abeyance and the submission of the required planting and replication plan for the Notice of Intent, DEP #64-382. Sincerely, ran ao a, Tanner/ onservation Agent City of Salem Cc: DEP, NERO Salem Conservation Commission Lynn G. Duncan, Director of Planning and Community Development William F. Quinn,Attorney at Law Anthony Giacalone, Giacalone Construction Corp. r co CITY OF SALEM CONSERVATION COMMISSION PROJECT EXTENSION REQUEST FORM • e A (Date) I, o i yr)060 respectfully request that the Salem Conservation Commission (Applicant/Attor ey/Representative) extend the deadline for action on the project located at 1 �Q�ty}t�, S� ' to (Project Address) lvre eoos . (Date) Sincerely, ignature Name REQUST: LJ( GRANTED DENIED 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM Quitclaim Deed 3i7i01 12:1S PM Inst. 190 A. BK 16946 PG206 I, Thomas Sullivan of 54 Felt Street, Salem, Massachusetts for consideration of $12,500 paid, grant to Anthony Giaculone of 95R Maplewood Avenue, Gloucester, Massachusetts with quit claim covenants the land in Salem, Massachusetts, being Lot numbered 51 as shown on said subdivision plan of Alme da Park, nl owned by Frederick H. Griswold, dated July 1919, Thomas A. Appleton, C.E. filed with Essex County South Registry of Deeds, Book 2430 Page 131. Said parcel of land being bounded as follows: Northeasterly: By Almeda Street as shown on said plan, Sixty-Two and 80/100 (62.80) feet; Northwesterly: By lot numbered 52 as shown on said plan, Seventy-eight and 39/100 (78.39) feet; Southwesterly: By land of formerly of Emma S. Almy as shown on said plan Seventy-nineand 34/100 (79.34) feet; Southeasterly: By lot numbered 50 as shown on said plan,lninty-eightand 36/100 (98.36) feet. Said parcel of land containing Five Thousand Eight Hundred Ninteen(5,819) square feet according to said plan. For title: See Bk.4656 p.381. For property description: See Bk. 2889 P.381 WITNESS MY HAND AND Seal thiWAarch 2001 March3,2001 Then personally appeared the above-named Thomas Sullivan and acknowledged this foregoing instrument to be his free hand and deed. No Pu ary �yd � My Commission expires- 6/Ove r �I/9 ol9 ?d BK 16946 PG207 DEEDS 'Mla id ESSEX SpUTH pW07N `001 n�Q�\`V� 4W.00 case -OiO r r, Massachusetts Department of Environmental Protection 4 Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 9A — Enforcement Order #64-323 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Violation Information Important: This Enforcement Order is issued b When filling out Y: forms on the SALEM December 14, 2004 computer, use Conservation Commission(Issuing Authority). Date only the tab key to move To: your cursor- do not use the _A_nthony Giacalone return key. Name of Violator 95 Rear Maplewood Avenue G t_oyice;7 M✓i D/y 3D m Address 1. Location of Violation: Anthony Giacalone Property Owner(if different) 12 Almeda Street Street Address Salem 01970 City/Town Zip Code MAP 14 LOT 114/197 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity(if more space is required, please attach a separate sheet): The construction of a single-family house, driveway, and associated earth work. Superseding Order of Conditions DEP#64-323 B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40) and its Regulations (310 CMR 10.00), because: ❑ the activity has been/is being conducted without a valid Order of Conditions. ® the activity has been/is being conducted in violation of the Order of Conditions issued to: Anthony Giacalone 12/10/02 Name Dated DEP#64-323 #20, #21, #22, #23 File Number Condition number(s) wpaform9a.doc•rev.7114104 Page i of 3 ,i •, Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order #64-323 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Findings (cont.) ® Other(specify): Replace all haybale and siltation fencing along Andy's Pond and remove the large stone that has entered into Andy's Pond. In addition, the stockpiped concrete forms and other material shall be removed from the buffer zone per condition#22. C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ❑ Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and'Regulations shall be filed with the Issuing Authority on or before Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ❑ The property owner shall take the following action to prevent further violations of the Act: Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. .wform9a doc•rev.7114/04 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order #64-323 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Chairman Kevin Cornacchio Name 978-479-3295 Phone Number lam to 3pm Monday- Friday Hours/Days Available Issued by: SALEM Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a gingip member or agent of the Commission and ratified by majority of the members at the next scheduled meeting o e --� Commission. Signatures: / a t Signature of delivery person or certified mail number wpaform9a.doc•rev.7114/04 Page 3 of 3 r 04/12/2005 18:33 9782833903 G PAGE 01 Stanton W.BiBeloW,M.S.,P.E. Civi)/C' arvi ental]('SnSI ccr wetlands permits , Septic desips title 5 iospu= . cbsptcr gr lieeoses ZOning issues . structural desige and conswiction site development petmittingand constructions management 6WiethropAvesue _ B.S.,CivilErlow riW,NonvichUnhvrairy Reverly.Massachusetts orgrS MS.,CM1 EMincrr W,Noridoem rm University ph/FAX: gT8.92a-s6ag Reg PYefessional"Ea ,Mmsaizhusirm e-msiL• stan.bigdoN(a�veriwa.aet ,Dip�lomate,AmerrcanAcademj•ofEn.immttenta/F�ygineers April 13, ZOOS City of Salem, Massachusetts Department of Planning a Community Development 120 Washington Street Salem, Massachusetts 01970 Attention. Frank Toormins, Agent Salem Conservation Commission Re: Request for Extension of Time In Public tfmring Process; Notice of Intent of Anthony Olecolone to Whim end Emend Aimed@ Street to Proposed Residence Door Mr. Taormina: On behalf of my client, Anthony Giacalone,dlble A.Glacalone Construction Corp.,with corporate offices at A.95 Maplewood Avenue,Gktucww, Masesehi seas, recently the owner of properties at 12 and 10 1/2 Almsda Street in Salem, 1 hereby request that the Salem Conservation Commission carry over the above-relerenced Public Fbaring to its regularfy-ststedu ld meeting of May 12, 2005. This additional time is necessary for Wetlands and Land Management of Danvers Wiliam Manuell, Principal) to proceed with development of a replication methodology at Mr. Giecalone's roadway construction site(report to be provided to your office on or befae Friday. May O, 2005). The matter of pond level of Andy's Pond has now been resolved and adjusted,with clogging of the outlet pipe screen with decaying biomass and its subsequent lreezlng over using found at fault and continuing to be cleared as level recedes(on property of City of Salem). V ours, Sttinton W. Bigelow, M.S., P.E. Consulting Civil/Environmental Engineer Encl. (5) cc: Anthony Olocalone Atty. Brien Caioldy Bill Monuell, WALM Stanton W.Bigelow,M.S.,P.E. Civil/Environmental Engineer weL�andsPMMM_"a"MOM title 5 inspector . chapter gr licenses zoning issues . structural design and construction site development permitting and construction management 6 Winthrop Avenue B.S.,Civil Engineering,Norwich University Beverly,Massachusetts o19r5 M.S.,Civil Engineering,Northeastern University ph/FAX: 978-922-2629 Reg.Professional Civil Engineer,Massachusetts e-mail: stan.bigelow@verizon.net Diplomatc,AmericanAcadcmyofEniironmentalEngineers March 8, 2005 City of Salem, Massachusetts Department of Planning & Community Development 120 Washington Street Salem, Massachusetts 01970 Attention; Frank Taormina, Agent Salem Conservation Commission Re: Request for Extension of Time in Public Hearing Process; Notice of Intent of Anthony Giacalone to Widen and Extend Almeda Street to Proposed Residence Dear Mr. Taormina: On behalf of my client, Anthony Giacalone, d/b/a A. Giacalone Construction Corp., with corporate offices at R.95 Maplewood Avenue, Gloucester, Massachusetts, recently the owner of properties at 12 and 10 1/2 Almeda Street in Salem, I hereby request that the Salem Conservation Commission carry over the above-referenced Public Hearing to its regularly-scheduled meeting of April 14, 2005. This additional time is necessary for us to research and resolve the pond outlet control problem that is presently hindering our work on the site, and subsequently to authorize Welands and Land Management of Danvers (William Manueii, Principal)to proceed with development of a replication methodology at Mr. Glacalone's roadway construction site. We intend to continue to seek your assistance in determining and resolving the cause of the present rising water level in Andy's Pond, which we believe to be at the pond's outlet control structure. rif tr y ours, Stanton W. Bigelow, M.S., P.E. Consulting Civil/Environmental Engineer Encl. (5) cc: Anthony Giacalone Ally. Brian Cassidy Bill Manuell, W&LM Stanton W.Bigelow,M.S.,P.E. JU N 0 7 2004 ' Civil/EnvironmentalEnginecrT.UFP�d`• wetlands permits . septic designs (`flN Fp title 5 inspector . chapter 91 licenses zoning issues . structural design and construction site development permitting and construction management 6 Winthrop Avenue B.S.,G41 Engincering,Norwich University Beverly,Massachusetts oigr5 M.S.,CiWhVincenug,Northeastern University ph/FAX: 978-922-2629 Reg.Professional CivilEngincer,Massachusetts e-mail: stan.bigelowa>verizon.net Diplomatc,AmcricanAcademyofEnvironmentalEngincers June 4, 2004 City of Salem, Massachusetts Department of Public Services 120 Washington Street, 4th Floor Salem, Massachusetts 01970 Attention: Joseph E. Nerden, Asst. City Engineer Re: Proposed Single-Family Residence at12 Almeda Street Dear Mr. Nerden: I am in receipt of your letter of June 2, 2004 relative to the above-referenced matter, in which you stated that you would not"allow this project to proceed" unless our plans reflect"full street width development past the site of the proposed building, including extending City water and sewer." Please be advised that I have forwarded your letter along with this response to my client, Mr. Anthony Giacalone of A. Giacalone Construction Corp. In doing so, 1 am recommending that he confer with his attorney, Brian Cassidy, Esq., to determine an appropriate course of action. My strong recommendation to my client and his attorney would be to file suit against the City of Salem for what amounts to his being subjected to the administrative equivalent of double jeopardy at the hands of City staff. Mr. Giacalone and I had negotiated in good faith with Stanley Bornstein, P.E., who was then City Engineer, in March, 2001, at the start of our process of attempting to permit this small project. The result of that negotiation was the plan as originally submitted to the Conservation Commission, denied in June, 2001. We had met with Mr. Bornstein, discussed the matter of private way rights with him, determined to his satisfaction where the public way ended short of the last sewer manhole, and complied with his own recommendations to"keep it down to a driveway width down the private way,on the upland half of the right-of-way,and to bring our services down the driveway to the existing cul-de-sac. In neither of your letters (April 16, 2004 and June 2, 2004) do you make mention of Mr. Bornstein's recommendations, or the agreement we had with him that we would be provided with materials for any water main extension, including a hydrant,from City stock,to complete what he believed at the time to be a partially-finished water main in the public portion of Almeda Street. Granted, three years have passed, and the administrative make-up and procedures of your Department have changed from those of Mr. Bornstein's administration, but we have a negotiated agreement, made in good faith by both parties, upon which we based our later submittals to other reviewing authorities. Joseph E. Nerden, Asst. City Engineer City of Salem Department of Public Services Page 2 June 4, 2004 My responses to your letters have been timely. I provided you with my response to your letter of April 16, 2004 with plans(including a Drainage Alteration Plan for the lot in response to your request) and a letter dated April 21, 2004, which I hand-delivered on the same date, one(1) business day after receipt of your letter. This letter is being hand-delivered to your office on the date of its writing,one(1) business day after its receipt at my office. In the interim period of six (6) weeks, I made numerous attempts to arrange a meeting with you, both by calling and visiting your office, and by visiting with Mayor Usovicz and his Chief of Staff, Kate Sullivan. Numerous attempts by Ms. Sullivan to resolve the matter,over the past two weeks, resulted in your letter of June 2, 2004. Apart from that letter,the only other response I had from you was a message on my cell phone yesterday,June 3, 2004, in which you told me to"feel free to call you." I realize that there are few private way situations in Salem, unlike in the City of Gloucester where we conduct the bulk of our residential business. While I was City Engineer in Salem (1991 through 1993), it was unusual to deal with private ways, but having earlier been City Engineer in Gloucester, I had become well-acquainted with the General Laws of the Commonwealth regarding the matter and the rights of abuttors in such ways. There were other instances in Salem where private ways were developed one parcel at a time, including off the western end of Highland Avenue and in the hills above the western end of Loring Avenue. My discussion of this particular situation, explained fully in my earlier letter,need not be repeated here; suffice it to say that the staff of your Department needs to visit those General Laws to determine abuttors'rights vis-a-vis municipal rights in such ways. We are preparing to develop a major commercial project in the State College area of the City,the tone and appearance of which could hang in the balance of this small but very important project, in the eyes of my client and his residential customer. The Mayor's Office is aware of our other project, and at this point, having been dealt with in such an unacceptable manner by your office, I will be appealing your letter of June 2, 2004 to Mayor Usovicz and asking for an immediate meeting of all parties involved, in the hopes that we may be able to avoid legal action against the City. Vi�e cc truly yours, Stanton W. Bigelow, M.S., P.E. Consulting Civil/Environmental Engineer cc: Stanley J. Usovicz, Mayor of Salem Kate Sullivan, Chief of Staff Bruce D. Thibodeau, P.E., City Engineer Executive Office of Environmental Affairs, Office of Administrative Appeals, One Winter Street, 3rd Floor, Boston (w/copy of June 2, 2004 letter from Asst. City Engineer) omas St. Pierre, Salem Building Inspector Denise McClure, Deputy Planner, City of Salem Don Cefalo, Salem Conservation Commission Capt. Bill Hudson, Salem Fire Safety Anthony Giacalone, c% A. Giacalone Construction Corp., 95R Maplewood Ave., Gloucester Atty. Brian Cassidy, Harrison & Cassidy, Middle Street, Gloucester CITY OF SALEM9 MASSACHUSETTS DEPARTMENT OF PUBLIC SERVICES • 9 120 WASHINGTON STREET, 4TH FLOOR SALEM, MASSACHUSETTS 01970 BRUCE D. THIBODEAU, P.E. DIRECTOR OF PUBLIC SERVICES/CITY ENGINEER STANLEY J. USOVICZ, JR. TEL: 978-745-9595 EXT. 321 MAYOR FAX: 978-745-0349 June 2, 2004 Stanton W. Bigelow, P.E. 6 Winthrop Avenue Beverly, Massachusetts 01915 Re: Proposed Plans for 12 Almeda Street, Salem Massachusetts Dear Mr. Bigelow: We have reviewed your proposed plan to build a single-family home at the end of Almeda Street and found the plans to be lacking necessary elements to allow this project to proceed. Without properly addressing an extension of the existing roadway and City utilities, we cannot allow this project to proceed. Please feel free to revise your plans reflecting full street width development past the site of the proposed building, including extending City water and sewer. The extended street should end in a suitable turn-around area adequate for City services to be provided e.g. fire safety, snow plowing, salt and sanding operations etc. rsph s, en 4 Engineer ector of DPW llivan, Mayor's Office Tom St. Pierre, Bldg Inspector Denise McClure, Deputy City Planner Capt. Bill Hudson, Fire Safety F:UNerden\12 Almeda St Bigelow Ilr findings.doc - - RECEIVE® Stanton W.Bigelow,M.S.,P.E. JAN 14 2005 C iil/Environmental Engineer wetlands is cries' MMU IT PLANNING& permits � COMMUNITY DEVELOPMENT tide 5 inspector . chapter gtlicenses zoning issues , structufal design and construction site development permitting and construction management 6 Winthrop Avenue R.5.,Civil Engineering,Norwich Uni►ersi", Beverly,Massachusetts orgrr, M.S.,Civil Engineering,Northeastern University ph/FAX: 978-929,�629 R%ProfessionalCivilEngineer,Massachusetts e-mail: stan.bigelow@verizon.net Dip/ontarc,AnrcricanAcadernc-ofEnvironmenta/En,oineers January 14, 2005 City of Salem, Massachusetts Department of Planning & Community Development 120 Washington Street Salem, Massachusetts 01970 Attention: Frank Taormina, Agent Salem Conservation Commission Re: Request for Extension of Time In Public Hearing Process; Notice of Intent of Anthony Giacalone to Widen and Extend Almeda Street to Proposed Residence Dear Mr. Taormina: On behalf of my client, Anthony Giacalone, d/b/a A. Giacalone Construction Corp., with corporate offices at R.95 Maplewood Avenue, Gloucester, Massachusetts, recently the owner of properties at 12 and 10 1/2 Almeda Street in Salem, I hereby request that the Salem Conservation Commission carry over the Public Hearing to its regularly-scheduled meeting of February 10, 2005. This additional time is necessary for us to obtain the services of Welands and Land Management of Danvers (William Manuell, Principal)for development of a replication methodology report, and to research and resolve the pond outlet control problem that is presently hindering our work on the site as well as the proposed wetland replication itself. We intend to maintain regular communication with your office in the interim, as your records may be useful in determining responsibilities and legal access rights to the pond outlet control structure. Ve truly y ure Stanton W. Bigelow, M.S., P.E. Consulting ClvIUEnvironmentai Engineer Encl. (5) cc: Anthony Giacalone Atty. Brian Cassidy 02/08/2005 00:44 9782833903 G PAGE 01 Stanton W.Bigelow,M.S.,P.E. Civil/Envi otu»ental.Enoieer wetlands permits . septic designs title 5 inspector . chapter 911 licenses zoning issues . structural design and construction site development permitting and construction management G WindtropA.vetute B.S.,CivilEWineeri►g,Noruich Unar in lieverh,Maswchtwetrs cr19rg U.S.,Civil F on(wing.Northeastern Univrt tt pb/FA.R: 978-9:ts-%6:u9 Relq Profes401121CiV9FD$ineer, Maswc6trseas e-mail: stan.Ligelow(igverizon.net Dipkrtaste,Ar»erticartAcytirnntr/FatriraatueanAF. pint February s,20% City of Salem, Massachusetts Dal►ertineht of Planning 6 Community Dwelopmant PAX to(M)7404M 120 Washington Street Salem, Massachusetts 01970 Attention: Frank Taormina,Agent Salem Conservation Commission Re: Request for Extension of Time In Public Now"Process;Notice of how of Anthony Glacalone to Wldan end Extend Aknsds Street to Proposed Reeldence Deer Mr.Tsorinlna: On behalf of my client, Anthony Giacalone, dlble A. Giacalone Construction Corp.. with oorporals oftioes at R.95 Maplewood Avednue, Gloucester, Massachusetts, recently the owner of properties at 12 arxt 10 1/2 Almeda Street in Salem, I hereby request that the Salem Conservation Commission carry over the Public Hearing to its regulady-scheduled meeting of March 10, 2005. This delay, like the previously-requested one, is due to weather preventing us from conducting the necessary field studies to develop a replication methodology report. We intend to maintain regular communication with your office in the interim, as your records may be useful in determining responsibilities and legal access rights to the pond outlet control structure. Very truly yours, Stanton ,81geMw,M.S., P.E. Consulting CIv1YEnvlronntemal Engineer cc: A.nthorty Glacelone Atty.Brian Cassidy _ d J /AJ c�✓�±nz�� iss VIP, — v��,�l e�,aacw 6olt C u✓rr�� a P/ , _hod e k hc*; )CRO 1-69, S M/ 6 a oo / q. s I i i i i i i _- I' i i Frank Taormina From: Joe Nerden Sent: Thursday, December 09, 2004 2:34 PM To: Frank Taormina Cc: Denise McClure, Bruce Thibodeau; Rebecca Longley Subject: Proposed Extension of Almeda Street Frank, Please present this to the members of the Conservation Commission and for the record at the meeting tonight. As previously agreed, we have received plans for the full-width extension of Almeda Street from Mr. Bigelow, Engineer, on behalf of the property owner of 12 Almeda Street. In general we approve of the plans and the building of a full-width roadway extension. In addition, the work includes extending the City's existing sewer main and installing a water main for future use. The applicant must also move the existing utility pole in order to build the full width roadway. The City Engineer would like the right to adjust the alignment of the sewer and water main slightly, within the limits of the full-width street as designed, but only if that does not pose an approval problem for the Commission. Again, we approve of the plans to construct the full-width roadway extension. Please feel free to contact me with any questions you may have. Joseph E. Nerden Asst. DPW Director& Asst. City Engineer Department of Public Services 120 Washington Street, 4th Floor Salem, Massachusetts 01970 tel. 978.745.9595 x321 fax. 978.745.0349 email:jnerden@salem.com 1