58 REAR BROADWAY - BUILDING JACKET •� SS ,R. BROADWAYx ,� . i�• ;,
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Forms MAP, V 7 47 P '86 DEOEReNo. �,y_ gag
R[C E:[V E D (.TO 1ba o�ided by DEOE)
Commonwealth CITY CF SnLENJAASS. Gyrrown SCLkem
of Massachusetts
Order of Conditions
Massachusetts Wetlands Protection Act
G.L c. 131, §40
Pram Salem Conservation Commission
To T. Mackey & Sons same
(Name of Applicant) (Name of property owner)
Aftess 58 Broadway Address
This Order is issued and delivered as follows:
❑ ti/by hand delivery to applicant or representative on (date)
L' by certified mail,return receipt requested on (date)
This project is located ai Rear 5$ Broadway e
The property is recorded at the Registry of Essex
Book 5225 Page 329
Certificate(if registered)
The Notice of Intent for this project was filed on October 25. 1985 (date)
The public hearing was closed on February 27, 1986 (date)
Fndtngs
The Salem Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project.Based on the information available to the
Commission at this time, the Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
❑ Public water supply ❑ Storm damage prevention
❑/p_Ovate water supply. - _ prevention of pollution
UI/ !round water supply ❑ land containing shellfish
❑ Flood control O Fisheries
51 `
95
Therefore,the Commission hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations,to protect those inter-
ests checked above.The , Commission 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 tok
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the 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 meas-
ures,shag be deemed cause to revoke or modify this Order,
2, This Order does not grant any property rights or any exclusive privileges,it does not authorize any injury
to private property or invasion of private rights.
3. This Order does,not relieve the permittee or any other person of the necessity of complying with all
other applicable federal,state or brat 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 appy:
(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.
S. 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.
e. Any fill used in connection with this project shall be clean fill, containing no trash, refuse,rubbish or de-
bris, including but not limited to lumber,bricks,plaster,wire,lath,paper,cardboard, pipe, tires,ashes,
refrigerators,motor vehicles or parts of any of the foregoing.
7, No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, urtbl all proceedings before the Department have been completed.
S. 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 True of the owner of the land upon which
the proposed work is to be done.The recording information shall be submitted to the
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 Quality Engineering,
Fite Number
10.Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12.The work shall conform to the following plans and special conditions:
5.2
96
Plans: .
Title Dated .. Signed and Stamped by: On File with:
Topographic Plan Oct. , 1985 Hancock Survey Assoc. , Inc. Conservation Commission
of Land in Salem
prepared for Thomas
Mackey & Sons
Special Conditions(Use additional paper ff necessary)
See attached sheet
..........................................................._.........._..........................................................................................................
(Leave Space Blank) .
5.3A
Issued By Conservation Commission
I (f
Signatures w
i b
This Order must be signed by a majority of the Conservation Commisslan.
On#ham day of 3 -i 711 199�0.before me
personalty appeared to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the sama4 his/her free act and der
Notary Public �j My commission expires
The applicant the owner.any person aggrieved by this Order.arry owner of land abutting the land upon which the progoaad wak a to
be done or any tan residents of the city or town m which such herd b located are hereby notified of their right to request the Deparsnem
of Envtronmental Quality&n &eying to issue a Superseding order,providing the request is made by certified mai a h"dernery to
._ Vie Department within tan pays from the date of issuance of this Order.A copy of the request shad st the same time be sent by certified
mail or loan delivery to the Oonsarvabw oonarmsion and the appf=Tt
Detach on dotted itna and submit to the &fi�.� .1 (`SCLC-h Y.t`k1M \ cyv—r 1.prior to commencement of work.
To issuing Authority
Please be advised that the Order of conditions for the project a
Fur Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General condition 8 on 19—
If
9_,_If recorded land, the instrument number which identifies this transaction is
It registered land,the document number whieh identifies this transaction
Signature Applicata!
5-4A
MACKEY
ORDER OF CONDITIONS
13. Prior to the resurfacing of the final grade of the bank, the toe of
the bank shall be established at least one (1) foot behind the property
line.
14. All unacceptable fill as specified in Order #6 of the General
conditions shall be removed from the bank. The removal process shall
continue until the bank is established at a slope not to exceed 12:1 .
15. All unacceptable fill material shall be removed from the site and
disposed of in an appropriate facility.
16. Upon completion of the removal and the establishemnt of the
unaccpetable fill material of the 12:1 slope, the Conservation
Commission or its designated agent shall be notified. A site visit
shall then be scheduled to inspect the removal and stabilization work.
17. If, during the course of construction, the Applicant discovers
inappropriate fill within the wetland or buffer zone, it shall be
promptly removed from the site. If said fill might be construed as '
hazardous, the following steps shall be taken. The Applicant shall
_ immediately request a determination from the DEQE as, to whether the
material constitutes a hazardous waste. If DEQE determines the material
to be non-hazardous, the Applicant will remove the material from the
site or dispose of the matter on site in a manner approved by the .
Conservation Commission. Fill material which DEQE determines to be
hazardous shall be removed from the site within four weeks from the date
of the positive finding. The hazardous material shall be removed to an
approved facility and copies of delivery slips shall be supplied to the
Conservation Commission. Until such material is removed, the material
shall be covered and surrounded by hay bales. The Applicant shall
provide the Conservation Commission with copies of all correspondence to
and from DEQE within seven calendar days.
18. So that the bank may remain stabilized and support vegetation, the
entire bank shall be covered with appropriate fill to a depth of 6-12
inches.
19. Banks bordering vegetated wetlands shall be disturbed as little as
possible. Those bank areas requiring alteration will. be regraded at a
maximum slope of 12: 1 , loamed and re-established with indigenous
vegetation. At the top of said slope, a 6 ' level pervious landscaped
-
zone shall be maintained. In locations where the applicant are unable
to maintain the banks as defined above, detailed plans for those
specific conditions will be submitted for Conservation Commission
approval prior to construction.
— Page 2 —
20. ' A vertical wall may be constructed in lieu of resurfacing and
revegating the established 1k: 1 slope. The vertical wall shall be
constructed of appropriate materials and design to insure the long term
stability of the wall and containment of remaining unacceptable fill
material.
21 . As—built plans stamped by a Registered Professional Engineer shall
be submitted to the Conservation Commission prior to issuance of .a
Certificate of Compliance.