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64-490 - 50 FREEDOM HOLLOW - CONSERVATION COMMISSION �P ��y- y�� 5� �� }�1�W '♦ �09tvrq.'4 CITY OF SALEM � RV CONSERVATION COMMISSION September 10,2010 Cyndy Anselmo East Coast Properties 400 Highland Avenue Salem, Massachusetts 01970 Re: Certificate of Compliance—DEP#64-490—50 Freedom Hollow, Salem, MA Dear Ms. Anselmo: 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 3 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, F nk ao P er/Harbor Coordinator/Interim Conservation Agent Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 86 - Certificate of Compliance #64-490 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 computer,use Cyndy Anselmo only the tab key Name to move your East Coast Properties, 400 Highland Aveneue cursor-do not Marling Address use the return key. Salem Ma 01970 Cityrrown State Zip Code od 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued Arnold Gitter, Chairman of the Board of Trustees Name July 2, 2009 #64470 Dated DEP File Number 3. The project site is located at: 50 Freedom Hollow Salem Street Address Cityfl own Map 21 Lot 241 Assessors MaplPlat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex 8433 334 County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: August 25, 2010 Date wpdnnt.doc•m.12309 WPA Farm 8B,Ced ficaW or Congdia •PM91 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance #64-490 Massachusetts Wetlands Protection Act M.G.I. c. 131, §40 Provided by DEP 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: ❑ 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 Sept. 9, 2010 Conservation Com Date of Issuance This Ce i to mu t be signed by a majority of the Conservation Commission and a copy t to the ap licant and appropriate DEP Regional Office (See htt :// mass. ov/de /about/re ion/find our.htm). Signa J t' wpakw Ob doc'rev_120309 WPA F.8B.CW kala of Camplim •Papa 2 of 3 f Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number WPA Form 8B — Certificate of Compliance Massachusetts Wetlands Protection Act M.G.L. c. 131, 0 �4-a90 Provided--by 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: 50 Freedom Hollow #64-490 Project Location DEP File Number Has been recorded at the Registry of Deeds of. Essex 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 `peftnObAaa.M.120309 WPA Farm 80,Cer88aale of Complia -Page 3 of 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance #sa a9D Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation z The applicant is responsible for ensuring that this Certificate of Compliance is recorded in LU the Regisby of Deeds or the Land Court for the district in which the land is located. a Detach on dotted line and submit to the Conservation Commission. ----.----------- - - - - - —- - - - - - - - - - - - - - - - - - —- - - - - - - Ln O L a o z Salem CD a 2 Conservation Commission UJ w g ry �' 0 Lam" 0 Please be advised that the Certificate of Compliance for the project at: 50 Freedom Hollow #64-490 Project Location DEP File Number Has been recorded at the Registry of Deeds of: Essex County for: VILLAGE AT VINNIN SQUARE CONDOMINIUM TRUST II Property Owner and has been noted in the chain of title of the affected property on: SEPTEMBER 24 , 2010 Date Book Page If recorded land, the instrument number which identifies this transaction is: , . Instrument 66 , Book 29813 , Page 268 If registered land, the document number which identifies this transaction is: r P wpahm80.dw-m.122309 WPA Form 98,Certificate of Comptiame•Pape 3 of 3 PATROWICZ LAND DEVELOPMENT ENGINEERING August 25, 2010 Cit of Salem Conservation Commission 120 Washington Street Salem, MA 01970 RE: Request for Certificate of Compliance Handicap parking area #50 Freedom Hollow, Salem, MA Assessor's Map 21, Lot 241 DEP File number 064-0490 PLDE#08-28 Dear Commission Members: On behalf of Cyndy Anselmo (applicant) and Arnold Gitter, Chairman Board of Trustees Vinnin Associates Realty Trust (owner), I respectfully request that you review the attached request for Certificate of Compliance application (WPA form 8a) in compliance with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands By-Law. I have inspected the site and hereby certify that the permitted work including paved handicap parking and landscaping have been performed in substantial compliance with the Order of Conditions issued on 7/2/2009 (recorded at the Essex County Registry of Deeds Book 28854, Page 381). Thank you for taking this matter under consideration. We look forward to discussing this matter at your meeting n September 9, 2010. If you have any questions, please do not hesitate to call me. Sincerely, PATRO Z LAND DEVELOPMENT ENGINEERING Scott Patrowicz, P.E. cc. Cyndy Anselmo 14 Brown Street, Salem, Massachusetts 01970 Cell: 978-836-6400 Fax: 978-745-4110 Email: scott.patrowicz@verizon.net Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8A — Request for Certificate of Compliance - 90 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 Cyndy Ans e lmo computer, use Name . only tomove East Coast Properties , 400 Highland Avenue. v your cursor- Mailing Address do not use the Salem MA 01970 -return key. City/Town State Zip Code 978-741-2003 roe Phone Number 2. This request is in reference to work regulated by a final Order of Conditions issued to: ° x' Arnold Gitte'r,. Chairman of Board of Trustees Applicant July 2 , 2009 64-490 Dated DEP File Number Upon completion of the work 3. The project site is located at: authorized in 50 Freedom Hollow Salem an Order of Street Address City/Town Conditions,the M property owner AP 21 Lot 241 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 from the issuing Arnold Gitter, Chairman of Board of Trustees authority stating Property Owner(if different) that the work or Essex South District 28854 381 portion of the work has been County Book Page _ satisfactorily completed. Certificate(if registered land) 5. This request is for certification that (check one): 0 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. RE '. s � AUG 3 0 2010 wpaformsa.doc•rev.7113104 DEPT OF PLANNING& Page r of 2 COMMUNIT'f nEV:-1OPMENT Massachusetts Department of Environmental Protection DEP File Number: 1� Bureau of Resource Protection - Wetlands > WPA Form 8A — Request for Certificate of Compliance ��y9Q 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,VIT04 Page 2 of 2 CITY OF SALEM ° - CONSERVATION COMMISSION SITE VISIT FORM PROJECT LOCATION: 0�///T0')0t^I DATE OF SITE VISIT• --d �-S I1Y0 PROJECT PROPONENT: 5� CAS ! 60?LAW DEP FILE NUMBER: rr 6�—y90 PROPOSED WORK: CaOr�vc fi� /hndl2w 7 rwlb� f 4 uld 7 va�r21 df N ATTEPIQANC =:a �::; Commission Members/Agent: Abutters: c Applicant/Property Owner/Representative: 45 �l-BiB-zoo ' SITE VISIT�PURPOSEr �' - [:]Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent ifflCertificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal 44REAS Jor JURISD�GJI�Q1!!a INLAND RESOURCE AREAS COASTAL RESOURCE AREAS ❑Bank ❑ Land Subject to Coastal ❑Land Under the Ocean Storm Flowage ordering Vegetated Wetland ElDesignated Port Area ❑Coastal Beach ❑Land Subject to Flooding ❑ Coastal Dune El Barrier Beach ❑Land Under Water Bodies or Waterway Name: ❑ Coastal Bank ❑Rocky Intertidal Shore ❑Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run ❑ Bordering Vegetated Wetland in Coastal Area ❑Water Body ❑ Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune INTEBESE5 R_RbLEGiEb:: ❑Protection of Water Supply ❑ Protection of Groundwater Supply ❑Flood Control ❑Storm Damage Prevention ❑Prevention of Pollution ❑Protection of Fisheries ❑ Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. ❑Photos ❑ Site Map ❑Other: Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. i RECd►MM�P;�p/�7IONS. _ ,f: -, :. a:� � � - �. .. CITY OF SALEM `*yrvF'uI�H. CONSERVATION COMMISSION �P July 2,2009 Scott Patrowicz 14 Brown Street Salem, MA 01970 Re: Order of Conditions—DEP #64-490 50 Freedom Hollow, Salem Massachusetts Dear Mr. Patrowicz: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (as of July 16, 2009), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts). Once recorded, please return a copy of Page 9 of the Order, which will indicate to the Commission that the document has been recorded. As indicated in the Order, prior to any work commencing: 1. this Order must be recorded, 2. a sign shall be displayed showing DEP File# 64-490 within public view, and 3. contact me at least 48 hours prior to any activity to schedule a pre-construction meeting to review the Order with your hired contractor. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, 6 Carey Du ues Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection 64-490 Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 5 - Order of Conditions Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem city/rown A. General Information Important: Salem When filling out 1. From: Conservation Commission forms on the computer,use 2. This issuance is for(check one): a. ® Order of Conditions b. ❑ Amended Order of Conditions only the tab key to move your cursor-do not 3. To: Applicant: use the return key. Cyndy Anselmo a. First Name b. Last Name VQ East Coast Properties c.Organization 400 Highland Avenue d. Mailing Address Salem MA 01970 e.City/rown I.State g.Zip Code 4. Property Owner(if different from applicant): Arnold Gitter, Chairman Board of Trustees a. First Name b.Last Name Vinnin Associates Realty Trust c.Organization c/o East Coast Properties d.Mailing Address Salem MA 01970 e.City/rown f.State g.Zip Code _5. Project Location: 50 Freedom Hollow Salem a. Street Address b.City/Town Map 21 Lot 241 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known: e.Latitude I. Longitude 6. Property recorded at the Registry of Deeds for(attach additional information if more than one parcel): Essex a.County b.Certificate Number(if registered land) 8433 334 c.Book d.Page April 30, 2009 June 11, 2009 July 2 2009 7. Dates: 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): Site Plan Stormwater Report for a Proposed Handicap Parking Area at 50 Freedom Hollow Salem, MA a.Plan Title Partowicz Land Development Engineering Scott Patrowicz b.Prepared By c.Signed and Stamped by June 11, 2009 1"=10' d.Final Revision Date e. Scale f.Additional Plan or Document Title g. Date. , wpaforrr5.doc• rev.11108 Page 1 of 11 Massachusetts Department of Environmental Protection 64-490 Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 5 - Order of Conditions Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem ciry/rown B. Findings 1. 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 (the Act). Check all that apply: a. ® Public Water Supply b. ❑ Land Containing Shellfish c. ® Prevention of Pollution d. ® Private Water Supply e. ® Fisheries f. ® Protection of Wildlife Habitat g. ® Groundwater Supply h. ® 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. ® 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 the interests of the Act, 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 Act's 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 15 ft Bank or Bordering Vegetated Wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear feel b:linear feet c.linear feet d.linear feet 5. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under Waterbodies a.square feet b.square feet c.square feet ci.square feet and Waterways e.cdy dredged f.cly dredged wpatorm5 Goc- rev.1110B Page 2 o111 Massachusetts Department of Environmental Protection 64-490 Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 5 - Order of Conditions Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown B. Findings (cost.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land b.square feel Subject to Flooding a.square feet c.—sq uare feet d.square feet Cubic Feet Flood Storage e,cubic feet f.cubic feet g.cubic feet h.cubic feet 8. ❑ 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. ❑ Riverfront Area a.total sq.feet b.total sq.feel Sq ft within 100 It 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.dy dredged d.cly 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 nourishmt. d.c/y nourishmt. 14. ❑ Coastal Dunes a.square feet b.square feel c.dy nourishmt d.dy nourishmt. 15. ❑ Coastal Banks a.linear feet b.linear feet 15. ❑ Rocky Intertidal Shores a.square feet b.square feet 17. ❑ Salt Marshes a.square feet b.square feet c.square feet d.square feet 18. ❑ Land Under Salt Ponds a.square feet b.square feet c.dy dredged d.dy 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.dy dredged b.dy dredged - 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet wpaforn5 doc• rev.11108 Page 3 of 11 Massachusetts Department of Environmental Protection 64-490 ` — Bureau of Resource Protection -Wetlands MassDea File Number WPA Form 5 - Order of Conditions Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act The following conditions are 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 permittee 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, tires, 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 Title of the owner of the land upon which the proposed work is done. The recording information shall be submitted to the 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, "MassDEP'l "File Number 64-490 " vvpafomS.doC• rev.11108 Page 4 of 11 Massachusetts Department of Environmental Protection 64-490 Bureau of Resource Protection - Wetlands MassDeP File Number WPA Form 5 - Order of Conditions Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem city/Town 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 MassDEP. 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.At 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. NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS 18. The work associated with this Order(the "Project") is(1)® is not(2)❑ subject to the Massachusetts Stormwater Standards. If the work is subject to the Stormwater Standards, then the project is subject to the following conditions: a) All work, including site preparation, land disturbance, construction and redevelopment, shall be implemented in accordance with the construction period pollution prevention and erosion and sedimentation control plan and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Construction General Permit as required by Stormwater Condition 8. Construction period erosion, sedimentation and pollution control measures and best management practices (BMPs)shall remain in place until the site is fully stabilized. wpaform5.doc• rev.11/08 Page 5 of 11 Massachusetts Department of Environmental Protection 64-490 Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 5 - Order of Conditions Document Tmnsactlo-Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrom C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) b) No stormwater runoff may be discharged to the post-construction stormwater BMPs unless and until a Registered Professional Engineer provides a Certification that: i. all construction period BMPs have been removed or will be removed by a date certain specified in the Certification. For any construction period BMPs intended to be converted to post construction operation for stormwater attenuation, recharge, and/or treatment, the conversion is allowed by the MassDEP Stormwater Handbook BMP specifications and that the BMP has been properly cleaned or prepared for post construction operation, including removal of all construction period sediment trapped in inlet and outlet control structures; ii. as-built final construction BMP plans are included, signed and stamped by a Registered Professional Engineer, certifying the site is fully stabilized; N. any illicit discharges to the stormwater management system have been removed, as per the requirements of Stormwater Standard 10; iv. all post-construction stormwater BMPs are installed in accordance with the plans (including all planting plans)approved by the issuing authority, and have been inspected to ensure that they are not damaged and that they are in proper working condition; v. any vegetation associated with post-construction BMPs is suitably established to withstand erosion. c) The landowner is responsible for BMP maintenance until the issuing authority is notified that another party has legally assumed responsibility for BMP maintenance. Prior to requesting a Certificate of Compliance, or Partial Certificate of Compliance, the responsible party(defined in General Condition 18(e))shall execute and submit to the issuing authority an Operation and Maintenance Compliance Statement("O&M Statement)for the Stormwater BMPs identifying the party responsible for implementing the stormwater BMP Operation and Maintenance Plan ("O&M Plan")and certifying the following: i.)the O&M Plan is complete and will be implemented upon receipt of the Certificate of Compliance, and ii.)the future responsible parties shall be notified in writing of their ongoing legal responsibility to operate and maintain the stormwater management BMPs and implement the Stormwater Pollution Prevention Plan. d) Post-construction pollution prevention and source control shall be implemented in accordance with the long-term pollution prevention plan section of the approved Stormwater Report and, if applicable, the Stormwater Pollution Prevention Plan required by the National Pollution Discharge Elimination System Multi-Sector General Permit. e) Unless and until another party accepts responsibility, the landowner, or owner of any drainage easement, assumes responsibility for maintaining each BMP. To overcome this presumption, the landowner of the property must submit to the issuing authority a legally binding agreement of record, acceptable to the issuing authority, evidencing that another entity has accepted responsibility for maintaining the BMP, and that the proposed responsible party shall be treated as a permittee for purposes of implementing the requirements of Conditions 18(f)through 18(k)with respect to that BMP. Any failure of the proposed responsible party to implement the requirements of Conditions 18(f) through 18(k)with respect to that BMP shall be a violation of the Order of Conditions or Certificate of Compliance. In the case of stormwater BMPs that are serving more than one lot, the legally binding agreement shall also identify the lots that will be serviced by the stormwater BMPs. A plan and easement deed that grants the responsible party access to perform the required operation and maintenance must be submitted along with the legally binding agreement. f) The responsible party shall operate and maintain all stormwater BMPs in accordance with the design plans, the O&M Plan, and the requirements of the Massachusetts Stormwater Handbook. wpalomu`.doc• rev.11108 Page 6 of 11 Massachusetts Department of Environmental Protection 64-490 Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 5 - Order of Conditions Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown C. General Conditions Under Massachusetts Wetlands Protection Act (cont.) g) The responsible party shall: 1. Maintain an operation and maintenance log for the last three(3)consecutive calendar years of inspections, repairs, maintenance and/or replacement of the stormwater management system or any part thereof, and disposal (for disposal the log shall indicate the type of material and the disposal location); 2. Make the maintenance log available to MassDEP and the Conservation Commission ("Commission")upon request; and 3. Allow members and agents of the MassDEP and the Commission to enter and inspect the site to evaluate and ensure that the responsible party is in compliance with the requirements for each BMP established in the O&M Plan approved by the issuing authority. h) All sediment or other contaminants removed from stormwater BMPs shall be disposed of in accordance with all applicable federal, state, and local laws and regulations. i) Illicit discharges to the stormwater management system as defined in 310 CMR 10.04 are prohibited. j) The stormwater management system approved in the Order of Conditions shall not be changed without the prior written approval of the issuing authority. k) Areas designated as qualifying pervious areas for the purpose of the Low Impact Site Design Credit(as defined in the MassDEP Stormwater Handbook,Volume 3, Chapter 1, Low Impact Development Site Design Credits)shall not be altered without the prior written approval of the issuing authority. 1) Access for maintenance, repair, and/or replacement of BMPs shall not be withheld. Any fencing constructed around stormwater BMPs shall include access gates and shall be at least,six inches above grade to allow for wildlife passage. Special Conditions (if you need more space for additional conditions, please attach a text document): D. Findings Under Municipal Wetlands Bylaw or Ordinance 1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The hereby finds (check one that applies): Conservation Commission a. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: 1. Municipal Ordinance or Bylaw 2.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. wpaform5.doc• rev.11109 Page 7 of 11 Massachusetts Department of Environmental Protection 64-490 — Bureau of Resource Protection -Wetlands "' MassDEP rile Number WPA Form 5 - Order of Conditions Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem cityrrown D. Findings Under Municipal Wetlands Bylaw or Ordinance (cont.) b. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: 1.Municipal ordinance or Bylaw 2.citation 3. 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. The special conditions relating to municipal ordinance or bylaw are as follows (if you need more space for additional conditions, attach a text document): w aforrr&doc• rev.11108 Page 8 of 11 Massachusetts Department of Environmental Protection 64-490 1� Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 5 - Order of Conditions Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town E. Signatures and Notary Acknowledgement This Order is valid for three years, unless otherwise specified as a special � condition pursuant to General Conditions#4, from the date of issuance. 1. Dkte of Issuance Please indicate the number of members who will sign this form. 7 (seven) This Order must d by a majority of the Conservation Commission. 2. Number of signers The Order be mailed y certified mail (return receipt requested)or hand delivered to the applicant. A copy also ust be mailed r hand delivered at the same time to the appropriate Department of Environme tal Protectio egional Office, if not filing electronically, and the property owner, if different from applic t. Signatures' c Notary Acknowledgement Commonwealth of Massachusetts County of Essex 11 June 2009 On this Day of Month Year Before me, the undersigned Notary Public, D. Pabich, R. Christie, K. Cornacchio, K. personally appeared Glidden A. Hamilton, C. McCauley, M. Blier 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 Cityrrown I&=CAREYR.how Signature of otary ubli Carey R. uques Printed Name of Notary Public Place notary seal and/or any stamp above. August 16 2013 My Commission Expires(Date) This Order is issued to the applicant as follows: ❑ by hand delivery on IX by ce ified mail, return receipt requested, on Date Date wpabrrr6doc• rev.11108 Page 9 of 11 Massachusetts Department of Environmental Protection 64-490 - Bureau of Resource Protection -Wetlands MassDea File Number WPA Form 5 - Order of Conditions Document TransactJon Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town 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 MassDEP 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 Department's 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 providing written information to the Department prior to issuance of a Superseding Order. 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 Information, is available on the following page. nafarm5.dac• rev.11108 Page 10 of 11 Massachusetts Department of Environmental Protection 64-490 Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 5 - Order of Conditions Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown 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 this page 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: 50 Freedom Hollow 64-490 Project Location MassDEP File Number Has been recorded at the Registry of Deeds of: County Book Page for: Property Owner and has been noted in the chain of title of the affected property in: Book Page 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 of Applicant _ vvpaform5.doc• rev.11108 Page 11 of 11 Attachment to Order of Conditions # 64-490 Page lof 5 SALEM CONSERVATION COMMISSION DEP FILE #64-490 50 Freedom Hollow City of Salem,Massachusetts ADDITIONAL 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 vernal 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 construction of a handicap parking area located within the buffer zone of a bordering vegetated wetland. The applicant was required to construct the handicap parking area in accordance with the City of Salem Building Department's mandate in compliance with the Code of Massachusetts Regulations, 521 CMR Architectural Access Board specifications. The approved work includes the removal of existing asphalt, organics, loam and any unsuitable material located within an approx 3,900 sf. area. This area will be re-graded. This permit approves the construction of two concrete retaining walls (one larger wall locate at the head of two of the handicap parking spaces and one located at the comer of the single handicap space) to reduce fill and minimize grading impacts to the adjacent wetland resource area. Guardrails will also be installed along the perimeter of the driveway and parking area. A gravel base course consisting of two 6-inch compacted lifts of gravel. The parking area and access road will be constructed of two layers of bituminous concrete,2.5 inch asphalt binder and 1.5 inch asphalt top course. An existing sidewalk leading up to the parking area will remain and two small sections of sidewalks have been approved to be constructed. A stormwater report was approved as included on the "Site Plan Stormwater Report for a Proposed Handicap Parking Area at 50 Freedom Hollow Salem,MA". The site redevelopment handles the stormwater by directing it into a grass swale and four depressed vegetated areas(labeled as A,B,C and D on the approved plan). The proposed and approved BMPs allow for the stormwater quality to be improved as well as providing the opportunity for recharge, therefore reducing the quantity that enters the adjacent BVW resource area. The approved site plan, mentioned above, includes the following approved plans; stormwater report and calculations; a short-term sedimentation and erosion control plan (during construction); long-term inspection, operation and maintenance requirements (post-construction); and operation and maintenance plan snow maintenance plan snow management and ice treatment. GENERAL CONDITIONS I. This Order of Conditions must be recorded in its entirety (all 5 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 must 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. Attachment to Order of Conditions # 64-490 Page 2of 5 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#64-490, 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. 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, 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 CMR 9.00. (3) Sewer Extension Permit from the DEP Division of Water Pollution Control under G. L. Ch. 21A 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. 11. 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: Attachment to Order of Conditions # 64-490 Page 3of 5 Final Approved Plans Site Plan Stormwater Report for a Proposed Handicap Parking Area at 50 Freedom Hollow Salem, MA (Title) Last revised June 11, 2009 (Dated) Scott Patrowicz (Signed and Stamped by) City of Salem Conservation Commission (On file with) 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 Change 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. PRIOR TO CONSTRUCTION 17. 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 forty-eight(48)hours prior to any activity to arrange for the pre-construction meeting. 18. 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 such installation at the pre-construction meeting. 19. 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. 20. 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 Attachment to Order of Conditions N 64-490 Page 4of 5 21. 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. 22. 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. 23. 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. 24. The area of construction shall remain in a stable condition at the close of each construction day. 25. 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. 26. 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. 27. 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 28. 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. 29. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 30. All waste products,grubbed stumps,slash;construction materials,etc. shall be deposited at least 100 feet from wetland resource areas and 200 feet from river. 31. 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. 32. 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. 33. Immediately following drainage structure installation all inlets shall be protected by silt fence,haybale barriers and/or silt bags to filter silt from stormwater before it enters the drainage system. 34. There shall be no pumping of water from wetland resource areas. 35. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. Attachment to Order of Conditions k 64-490 Page 5of 5 37. 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 M.G.L Chapter 21A, section 16. AFTER CONSTRUCTION 38. 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). (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 Act. 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 buffer 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; 39. 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. 40. 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. 41. 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. ADDITIONAL CONDITIONS 42. Applicant/property owner shall refer to the approved plan for operation and maintenance plan snow management and ice treatment. Snow shall be stored in designated snow storage areas identified by signage; location and signage to be approved by the Conservation Commission or Conservation Agent. Massachusetts Department of Environmental Protection y Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report A. Introduction Important: A Stormwater Report must be submitted with the Notice of Intent permit application to document forms foo When ohning th out compliance with the Stormwater Management Standards. The following checklist is NOT a substitute for computer,use the Stormwater Report(which should provide more substantive and detailed information) but is offered only the tab key here as a tool to help the applicant organize their Stormwater Management documentation for their to move your Report and for the reviewer to assess this information in a consistent format. As noted in the Checklist, cursor-do not the Stormwater Report must contain the engineering computations and supporting Information set forth in use the return 9 key, Volume 3 of the Massachusetts Stormwater Handbook. The Stormwater Report must be prepared and certified by a Registered Professional Engineer(RPE) licensed in the Commonwealth. The Stormwater Report must include: • The Stormwater Checklist completed and stamped by a Registered Professional Engineer(see page 2)that certifies that the Stormwater Report contains all required submittals.' This Checklist is to be used as the cover for the completed Stormwater Report. • ApplicanUProject Name • Project Address • Name of Firm and Registered Professional Engineer that prepared the Report . • Long-Term Pollution Prevention Plan required by Standards 4-6 • Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan required by Standard 82 • Operation and Maintenance Plan required by Standard 9 In addition to all plans and supporting information, the Stormwater Report must include a brief narrative describing stormwater management practices, including environmentally sensitive site design and LID techniques, along with a diagram depicting runoff through the proposed BMP treatment train. Plans are required to show existing and proposed conditions, identify all wetland resource areas, NRCS soil types, critical areas, Land Uses with Higher Potential Pollutant Loads(LUHPPL), and any areas on the site where infiltration rate is greater than 2.4 inches per hour. The Plans shall identify the drainage areas for both existing and proposed conditions at a scale that enables verification of supporting calculations. As noted in the Checklist, the Stormwater Management Report shall document compliance with each of the Stormwater Management Standards as provided in the Massachusetts Stormwater Handbook. The soils evaluation and calculations shall be done using the methodologies set forth in Volume 3 of the Massachusetts Stormwater Handbook. To ensure that the Stormwater Report is complete, applicants are required to fill in the Stormwater Report Checklist by checking the box to indicate that the specified information has been included in the Stormwater Report. If any of the information specified in the checklist has not been submitted, the applicant must provide an explanation. The completed Stormwater Report Checklist and Certification must be submitted with the Stormwater Report. The Stormwater Report may also include the Illicit Discharge Compliance Statement required by Standard 10. If not included in the Storr water Report,the Illicit Discharge Compliance Statement must be submitted prior to the discharge of stonnwater runoff to the post-construction best management practices. 'For some complex projects, it may not be possible to include the Construction Period Erosion and Sedimentation Control Plan in the Stormwater Report. In that event,the issuing authority has the discretion to issue an Order of Conditions that approves the project and includes a condition requiring the proponent to submit the Construction Period Erosion and Sedimentation Control Plan before commencing any land disturbance activity on the site. 08.28-swcheck.doc•04101/08 Stormwater Report Checklist•Page 1 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Program Checklist for Stormwater Report B. Stormwater Checklist and Certification The following checklist is intended to serve as a guide for applicants as to the elements that ordinarily need to be addressed in a complete Stormwater Report. The checklist is also intended to provide conservation commissions and other reviewing authorities with a summary of the components necessary for a comprehensive Stormwater Report that addresses the ten Stormwater Standards. Note: Because stormwater requirements vary from project to project, it is possible that a complete Stormwater Report may not include information on some of the subjects specified in the Checklist. If it is determined that a specific item does not apply to the project under review, please note that the item is not applicable(N.A.)and provide the reasons for that determination. A complete checklist must include the Certification set forth below signed by the Registered Professional Engineer who prepared the Stormwater Report. Registered Professional Engineer's Certification I have reviewed the Stormwater Report, including the soil evaluation, computations, Long-term Pollution Prevention Plan, the Construction Period Erosion and Sedimentation Control Plan (if included), the Long- term Post-Construction Operation and Maintenance Plan, the Illicit Discharge Compliance Statement(if included)and the plans showing the stormwater management system, and have determined that they have been prepared in accordance with the requirements of the Stormwater Management Standards as further elaborated by the Massachusetts Stormwater Handbook. 1 have also determined that the information presented in the Stormwater Checklist is accurate and that the information presented in the Stormwater Report accurately reflects conditions at the site as of the date of this permit application. Registered Professional Engineer Block and Signature OF MAS'r9 per' SCOTT IAN cZ PATROWICZ N o CIVIL m No.33656 y QIST �SIONALEN�'�� Signature and Date Checklist Project Type: Is the application for new development, redevelopment, or a mix of new and redevelopment? ❑ New development ® Redevelopment ❑ Mix of New Development and Redevelopment 08-28-swcheck.doc i 04/01/08 Stoirnwater Report Checklist•Page 2 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) LID Measures: Stormwater Standards require LID measures to be considered. Document what environmentally sensitive design and LID Techniques were considered during the planning and design of the project: ® No disturbance to any Wetland Resource Areas ❑ Site Design Practices (e.g. clustered development, reduced frontage setbacks) ® Reduced Impervious Area (Redevelopment Only) ® Minimizing disturbance to existing trees and shrubs ❑ LID Site Design Credit Requested: ❑ Credit 1 ❑ Credit 2 ❑ Credit 3 ® Use of"country drainage"versus curb and gutter conveyance and pipe ❑ Bioretention Cells(includes Rain Gardens) ❑ Constructed Stormwater Wetlands (includes Gravel Wetlands designs) ❑ Treebox Filter ❑ Water Quality Swale ® Grass Channel ❑ Green Roof ® Added four landscaped depressions to capture and detain stormwater runoff Other(describe): from an existing parking lot Standard 1: No New Untreated Discharges ® No new untreated discharges ® Outlets have been designed so there is no erosion or scour to wetlands and waters of the Commonwealth ❑ Supporting calculations specified in Volume 3 of the Massachusetts Stormwater Handbook included. 08-28-swcheck.doc•04/01/08 Sto"water Report Checklist•Page 3 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 2: Peak Rate Attenuation ❑ Standard 2 waiver requested because the project is located in land subject to coastal storm flowage and stormwater discharge is to a wetland subject to coastal flooding. ❑ Evaluation provided to determine whether off-site flooding increases during the 100-year 24-hour storm. ❑ Calculations provided to show that post-development peak discharge rates do not exceed pre- development rates for the 2-year and 10-year 24-hour storms. If evaluation shows that off-site flooding increases during the 100-year 24-hour storm, calculations are also provided to show that post-development peak discharge rates do not exceed pre-development rates for the 100-year 24- hour storm. Standard 3: Recharge ❑ Soil Analysis provided. ❑ Required Recharge Volume calculation provided. ❑ Required Recharge volume reduced through use of the LID site Design Credits. ❑ Sizing the infiltration, BMPs is based on the following method: Check the method used. ❑ Static ❑ Simple Dynamic ❑ Dynamic Field' ❑ Runoff from all impervious areas at the site discharging to the infiltration BMP. ❑ Runoff from all impervious areas at the site is not discharging to the infiltration BMP and calculations are provided showing that the drainage area contributing runoff to the infiltration BMPs is sufficient to generate the required recharge volume. ❑ Recharge BMPs have been sized to infiltrate the Required Recharge Volume. ❑ Recharge BMPs have been sized to infiltrate the Required Recharge Volume only to the maximum extent practicable for the following reason: ❑ Site is comprised solely of C and D soils and/or bedrock at the land surface ❑ M.G.L. c. 21E sites pursuant to 310 CMR 40.0000 ❑ Solid Waste Landfill pursuant to 310 CMR 19.000 ® Project is otherwise subject to Stormwater Management Standards only to the maximum extent practicable. ❑ Calculations showing that the infiltration BMPs will drain in 72 hours are provided. ❑ Property includes a M.G.L. c. 21 E site or a solid waste landfill and a mounding analysis is included. ' 80%TSS removal is required prior to discharge to infiltration BMP if Dynamic Field method is used. "- 08-Mswcheck.doc-04/01/08 -" - Stbvowater Report Checklist•Page 4 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 3: Recharge(continued) ❑ The infiltration BMP is used to attenuate peak flows during storms greater than or equal to the 10- year 24-hour storm and separation to seasonal high groundwater is less than 4 feet and a mounding analysis is provided. ❑ Documentation is provided showing that infiltration BMPs do not adversely impact nearby wetland resource areas. Standard 4: Water Quality The Long-Term Pollution Prevention Plan typically includes the following: • Good housekeeping practices; • Provisions for storing materials and waste products inside or under cover, • Vehicle washing controls; • Requirements for routine inspections and maintenance of stormwater BMPs; • Spill prevention and response plans; • Provisions for maintenance of lawns, gardens, and other landscaped areas; • Requirements for storage and use of fertilizers, herbicides, and pesticides; • Pet waste management provisions; • Provisions for operation and management of septic systems; • Provisions for solid waste management; • Snow disposal and plowing plans relative to Weiland Resource Areas; • Winter Road Salt and/or Sand Use and Storage restrictions; • Street sweeping schedules; • Provisions for prevention of illicit discharges to the stormwater management system; • Documentation that Stormwater BMPs are designed to provide for shutdown and containment in the event of a spill or discharges to or near critical areas or from LUHPPL; • Training for staff or personnel involved with implementing Long-Term Pollution Prevention Plan; • List of Emergency contacts for implementing Long-Terre Pollution Prevention Plan. ® A Long-Term Pollution Prevention Plan is attached to Stormwater Report and is included as an attachment to the Wetlands Notice of Intent. ❑ Treatment BMPs subject to the 44%TSS removal pretreatment requirement and the one inch rule for calculating the water quality volume are included, and discharge: ❑ is within the Zone II or Interim Wellhead Protection Area ❑ is near or to other critical areas ❑ is within soils with a rapid infiltration rate(greater than 2.4 inches per hour) ❑ involves runoff from land uses with higher potential pollutant loads. ❑ The Required Water Quality Volume is reduced through use of the LID site Design Credits. ❑ Calculations documenting that the treatment train meets the 80% TSS removal requirement and, if applicable, the 44%TSS removal pretreatment requirement, are provided. 08-28-swcheck.doc•04/01/08 .. - . ` . Stormwater Report Checklist Page 5 of 8 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Program - Checklist for Stormwater Report Checklist (continued) Standard 4: Water Quality(continued) ® The BMP is sized (and calculations provided) based on: ® The %"or 1"Water Quality Volume or ❑ The equivalent flow rate associated with the Water Quality Volume and documentation is provided showing that the BMP treats the required water quality volume. ❑ The applicant proposes to use proprietary BMPs, and documentation supporting use of proprietary BMP and proposed TSS removal rate is provided. This documentation may be in the form of the propriety BMP checklist found in Volume 2, Chapter 4 of the Massachusetts Stormwater Handbook and submitting copies of the TARP Report, STEP Report, and/or other third party studies verifying performance of the proprietary BMPs. ❑ A TMDL exists that indicates a need to reduce pollutants other than TSS and documentation showing that the BMPs selected are consistent with the TMDL is provided. Standard 5: Land Uses With Higher Potential Pollutant Loads (LUHPPLs) ❑ The NPDES Multi-Sector General Permit covers the land use and the Stormwater Pollution Prevention Plan (SWPPP) has been included with the Stormwater Report. ❑ The NPDES Multi-Sector General Permit covers the land use and the SWPPP will be submitted prior to the discharge of stormwater to the post-construction stormwater BMPs. ® The NPDES Multi-Sector General Permit does not cover the land use. ❑ LUHPPLs are located at the site and industry specific source control and pollution prevention measures have been proposed to reduce or eliminate the exposure of LUHPPLs to rain, snow, snow melt and runoff, and been included in the long term Pollution Prevention Plan. ❑ All exposure has been eliminated. ❑ All exposure has not been eliminated and all BMPs selected are on MassDEP LUHPPL list. ❑ The LUHPPL has the potential to generate runoff with moderate to higher concentrations of oil and grease(e.g. all parking lots with >1000 vehicle trips per day)and the treatment train includes an oil grit separator, a filtering bioretention area, a sand filter or equivalent. Standard 6: Critical Areas ❑ The discharge is near or to a critical area and the treatment train includes only BMPs that MassDEP has approved for stormwater discharges to or near that particular class of critical area. ❑ Critical areas and BMPs are identified in the Stormwater Report. 08-28-swcheck.doc•04/01/08 Stormwater Report Checklist•Page 6 of 8 Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 7: Redevelopments and Other Projects Subject to the Standards only to the maximum extent practicable ® The project is subject to the Stormwater Management Standards only to the maximum Extent Practicable as a: ❑ Limited Project ❑ Small Residential Projects: 5-9 single family houses or 5-9 units in a multi-family development provided there Is no discharge that may potentially affect a critical area. ❑ Small Residential Projects: 2-4 single family houses or 2-4 units in a multi-family development with a discharge to a critical area ❑ Marina and/or boatyard provided the hull painting, service and maintenance areas are protected from exposure to rain, snow, snow melt and runoff ❑ Bike Path and/or Foot Path ® Redevelopment Project ❑ Redevelopment portion of mix of new and redevelopment.. ❑ Certain standards are not fully met(Standard No. 1, 8, 9, and 10 must always be fully met) and an explanation of why these standards are not met is contained in the Stormwater Report. ® The project involves redevelopment and a description of all measures that have been taken to improve existing conditions is provided in the Stormwater Report. The redevelopment checklist found in Volume 2 Chapter 3 of the Massachusetts Stormwater Handbook may be used to document that the proposed stormwater management system(a)complies with Standards 2, 3 and the pretreatment and structural BMP requirements of Standards 4-6 to the maximum extent practicable and (b) improves existing conditions. Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan must include the following information: • Narrative; • Construction Period Operation and Maintenance Plan; • Names of Persons or Entity Responsible for Plan Compliance; • Construction Period Pollution Prevention Measures; • Erosion and Sedimentation Control Plan Drawings; • Detail drawings and specifications for erosion control BMPs, including sizing calculations; • Vegetation Planning; • Site Development Plan; • Construction Sequencing Plan; • Sequencing of Erosion and Sedimentation Controls; • Operation and Maintenance of Erosion and Sedimentation Controls; • Inspection Schedule; • Maintenance Schedule; • Inspection and Maintenance Log Form. ® A Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan containing the information set forth above has been included in the Stormwater Report. 08-28-swcheok.doc•04/01/08 "' "' Stormwater Report Checklist•Page 7 of Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Program Checklist for Stormwater Report Checklist (continued) Standard 8: Construction Period Pollution Prevention and Erosion and Sedimentation Control (continued) ❑ The project is highly complex and information is included in the Stormwater Report that explains why it is not possible to submit the Construction Period Pollution Prevention and Erosion and Sedimentation Control Plan with the application. A Construction Period Pollution Prevention and Erosion and Sedimentation Control has not been included in the Stormwater Report but will be submitted before land disturbance begins. ® The project is not covered by a NPDES Construction General Permit. ❑ The project is covered by a NPDES Construction General Permit and a copy of the SWPPP is in the Stormwater Report. ❑ The project is covered by a NPDES Construction General Permit but no SWPPP been submitted. The SWPPP will be submitted BEFORE land disturbance begins. Standard 9: Operation and Maintenance Plan ® The Post Construction Operation and Maintenance Plan is included in the Stormwater Report and includes the following information: ® Name of the stormwater management system owners; ® Party responsible for operation and maintenance; ® Schedule for implementation of routine and non-routine maintenance tasks; ® Plan showing the location of all stormwater BMPs maintenance access areas; ❑ Description and delineation of public safety features; ❑ Estimated operation and maintenance budget; and ❑ Operation and Maintenance Log Form. ❑ The responsible party is not the owner of the parcel where the BMP is located and the Stormwater Report includes the following submissions: ❑ A copy of the legal instrument(deed, homeowner's association, utility trust or other legal entity) that establishes the terms of and legal responsibility for the operation and maintenance of the project site stormwater BMPs; ❑ A plan and easement deed that allows site access for the legal entity to operate and maintain BMP functions. Standard 10: Prohibition of Illicit Discharges ® The Long-Term Pollution Prevention Plan includes measures to prevent illicit discharges; ❑ An Illicit Discharge Compliance Statement is attached; ❑ NO Illicit Discharge Compliance Statement is attached but will be submitted prior to the discharge of any stormwater to post-construction BMPs. 08-28-5wcheck.doc•04/01/08 Stormwater Re port eport Checklist•Page 8 of 8 II PATROWICZ C J°JZ_, LAND DEVELOPMENT ENGINEERING APR 3 0 20pg CO � pApril 30, 2009 l"ftTDEVE &FGiT City of Salem Conservation Commission 120 Washington Street-Third Floor Salem, MA 01970 RE: Notice of Intent Application BUFFER ZONE PROJECT: Proposed Handicap parking #50 Freedom Hollow, Salem, MA Assessor's Map 21, Lot 241 PLDE#08-28 Dear Commission Members: On behalf of the Village at Vinnin Square Condominium II, 1 respectfully request that you review the attached Notice of Intent (NOI) application in compliance with the Massachusetts Wetlands Protection Act and Salem Wetlands Protection Ordinance. The applicant is proposing to construct a handicap parking area in accordance with the City of Salem Building Department's mandate in compliance with the Code of Massachusetts Regulations, 521 CMR Architectural Access Board specifications. The scope of work will include the following: (1) Install a silt fence barrier(100+/- LF) that will serve as a limit of work line. (2) Remove existing asphalt, organics, loam and any unsuitable material (area = 3,900 +/-SF). Re-grade the area. Install two small retaining walls (and guardrails = 140 +/- LF) to reduce fill and minimize grading impacts to the adjacent wetland resource area. (3) Install the gravel base course consisting of two 6-inch compacted lifts of gravel MHD M1.03.0 type c (area = 2,100+/- SF). Construct parking area and access road (two layers of bituminous concrete: 2.5-inch asphalt binder and 1.5-inch asphalt top course). (4) Construct sidewalks as required. Loam and seed all disturbed areas. The proposed work is to occur within the 100-foot buffer zone and no work is proposed within any wetland resource area. The limit of work line is approximately 15+/-feet away from the flagged and surveyed Bordering Vegetated Wetlands. 14 Brown Street, Salem, Massachusetts 01970 Cell: 978-836-6400 Fax: 978-745-4110 Email: scott.patrowicz@verizon.net A snow management and ice treatment plan (specified on the attached Site Plan) is proposed in accordance with MassDEP's stormwater standards under source controls. 1 respectfully submit seven (7) copies and one (1) original of the Notice of Intent application to include the following: •NOI Application (WPA Form 3), •NOI Wetland Fee Transmittal Form, *Copy of check for$237.50 (NOI filing fee made payable to the Commonwealth of Mass), *Check for$262.50 (NOI filing fee made payable to the Town of Salem), •List of abutters and map (prepared by City of Salem Assessors), •Form entitled: Notification to Abutters under Massachusetts Wetlands Protection Act and City of Salem Wetlands Protection Ordinance, •Wetlands Report (prepared by Wetlands and Land Management, Inc) dated 11R/08, •USGS Locus Map, Scale=1:25,000 (approximately: 1" 2000'), •Bird's Eye View of the project site (taken from Windows Live), •Photographs of the site (taken on 4/30/09) showing areas for the proposed work, *Plan entitled: "Site Plan" (prepared by Patrowicz Land Development Engineering) dated 4/30/09 showing flagged and surveyed wetland resource area and proposed scope of work. It is my understanding that I will notify the abutters (from the list of abutters provided to me by your office from the City Assessors Dept.) via certified mail with the attached form entitled: "Notification to Abutters". I will submit receipts of the certified mailings to the Commission the night of the public hearing. It is also my understanding that you have submitted the legal advertisement to the local newspaper for publication of the hearing date. The applicant will receive the invoice for the legal advertisement. One copy of the above NOI application package is being sent via certified mail to DEP-Wetlands, Northeast Regional Office, 205B Lowell Street, Wilmington, MA 01887. The NOI Wetland Fee Transmittal Form and the State portion of the filing fee are being sent to DEP, P.O. Box 4062, Boston, MA 02211. Thank you for taking this matter under consideration. We look forward to the public hearing on May 14, 2009. If you have any questions, please do not hesitate to call me. Since*atromczZP PATLAND DEVELOPMENT ENGINEERING Scott .E. cc. Cyndy Anselmo, East Coast Properties, w/attachments cc. DEP-Wetlands, Northeast Regional Office w/attachments cc. Tom St.Pierre, Salem Building Inspector w/attachments PATROWICZ LAND DEVELOPMENT ENGINEERING LlMassachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction NumberSalem C ty/rown Important: When filling out A. General Information forms on the computer,use 1. Project Location (Note: electronic filers will click on button to locate project site): only the tab key to move your 50 Freedom Hollow Salem 01970 cursor-do not use the return a.Street Address b.City/Town c.Zip Code key. Latitude and Longitude: d.Latitude e.Longitude m 21 241 f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: Cndy Anselmo a.First Name b. Last Name Note: East Coast Properties Before c.Organization completing 400 Highland Avenue form consultlt your local d.Street Address Conservation Salem MA 01970 Commission e.Cityrrown f.State g.Zip Code regarding any municipal bylaw 978-741-2003 978-745-9684 cynIO43@aol.com or ordinance. h.Phone Number i.Fax Number j.Email Address 3. Property owner(required if different from applicant): ❑ Check if more than one owner Arnold Gitter, Chairman Board of Trustees a.First Name b.Last Name Vinnin Associates Associates Really c.Organization c/o Cyndy Anselmo, East Coast Properties 400 Highland Avenue d.Street Address Salem MA 01970 e.City/Town f.State g.Zip Code 978-741-2003 978-745-9684 �nl043@aol.com h.Phone Number i. Fax Number j.Email address 4. Representative(if any): Scott Patrowicz P.E. a.First Name b. Last Name Patrowicz Land Development Engineering c.Company 14 Brown Street d.Street Address Salem MA 01970 e.City/rown f.State g.Zip Code 978-836-6400 978-741-4110 scott.patrowicz@verizon.net h. Phone Number L Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $500 $237.50 $262.50 a.Total Fee Paid b.State Fee Paid c.City/rown Fee Paid wnafnrrn3 dnc.rov rwnA/nq pnna 1 of A Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem City/Town A. General Information (continued) 6. General Project Description: Buffer Zone Project: Proposed handicap parking area (2,100+/-SF). No work shall occur within the adjacent BVW resource area. 7a. Project Type Checklist: 1. ❑ Single Family Home 2. ❑ Residential Subdivision 3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial 5. ❑ Dock/Pier 6. ❑ Utilities 7. ❑ Coastal Engineering Structure 8. ❑ Agriculture(e.g., cranberries, forestry) 9. ❑ Transportation 10. ® Other 7b. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 (coastal)or 310 CMR 10.53 (inland)? 1. ❑ Yes ® No If yes, describe which limited project applies to this project: 2.Limited Project 8. Property recorded at the Registry of Deeds for: Essex a.County b.Certificate#(if registered land) Master Deed: 8433 334 c.Book d.Page Number B. Buffer Zone & Resource Area Impacts (temporary & permanent) 1. ® Buffer Zone Only—Check if the project is located only in the Buffer Zone of a Bordering Vegetated Wetland, Inland Bank, or Coastal Resource Area. 2. ❑ Inland Resource Areas(see 310 CMR 10.54-10.58; if not applicable, go to Section B.3, Coastal 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. For all projects affecting other Resource Area Size of Proposed Alteration Proposed Replacement(if any) Resource Areas, please attach a narrative a. ❑ Bank 1.linear feet 2.linear feet explaining how the resource b. ❑ Bordering Vegetated area was Wetland 1.square feet 2.square feet delineated. c. ❑ Land Under 1.square feet 2.square feet Waterbodies and Waterways 3.cubic yards dredged ,unafnrm't M,.rov nd/nalnQ Para 7 of a Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cityrrown B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Resource Area Size of Proposed Alteration Proposed Replacement(if any) d. ❑ Bordering Land Subject to Flooding 1.square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet 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. c.square feet between 100 ft.and 200 ft. 5. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 6. Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No 3. ❑ Coastal Resource Areas: (See 310 CMR 10.25-10.35) 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 any) document transaction number a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on your receipt b. ❑ Land Under the Ocean page)with all 1.square feet supplementary information you 2.cubic yards dredged submit to the Department. c. ❑ Barrier Beach Indicate size under Coastal Beaches and/or Coastal Dunes below d. ❑ Coastal Beaches 1.square feet 2.cubic yards beach nourishment e. ❑ Coastal Dunes 1.square feet 2.cubic yards dune nourishment .n fnrm'i di ,.rov nd/nA/na Pon.a of a Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cdy/Town B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd) Size of Proposed Alteration Proposed Replacement(if any) f. ❑ Coastal Banks 1. linear feet g. ❑ Rocky Intertidal Shores 1.square feet h. ❑ Salt Marshes 1.square feet 2.sq It restoration,rehab.,creation i. ❑ Land Under Salt Ponds 1.square feet 2.cubic yards dredged i. ❑ Land Containing Shellfish 1.square feet 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 4. ❑ Restoration/Enhancement If the project is for the purpose of restoring or enhancing a wetland resource area in addition to the square footage that has been entered in Section 6.2.b or B.3.h above, please enter the additional amount here. a.square feet of BVW b.square feet of Sah Marsh 5. ❑ Project Involves Stream Crossings a.number of new stream crossings b.number of replacement stream crossings C. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species ActlWetlands Protection Act Review 1. Is any portion of the proposed project located in Estimated Habitat of Rare Wildlife as indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural Heritage and Endangered Species Program (NHESP)?To view habitat maps, see the Massachusetts Natural Heritage Atlas or go to http://www.mass.gov/dfwele/dfw/nhesp-/requlatory review/priority habitatlonline viewer htm. a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NOI to: Natural Heritage and Endangered Species Program Division of Fisheries and Wildlife October 1, 2006 Route 135, North Drive b.Date of map Westborough,MA 01581 wnafnrmi Anr.rp. WnAmn Pan.A of A Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem cityrrown C. Other Applicable Standards and Requirements (cont'd) If yes, the project is also subject to Massachusetts Endangered Species Act(MESA)review(321 CMR 10.18). To qualify for a streamlined, 30-day, MESA/Wetlands Protection Act review, please complete Section CAL, and include requested materials with this Notice of Intent(NOI); OR complete Section C.1.d, if applicable. If MESA supplemental information is not included with the NOI, by completing Section 1 of this form, the NHESP will require a separate MESA filing which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). 1. c. Submit Supplemental Information for Endangered Species Review' t. ❑ Percentage/acreage of property to be altered: (a)within wetland Resource Area percentage/acreage (b)outside Resource Area percentage/acreage 2. ❑ Assessor's Map or right-of-way plan of site 3. ❑ Project plans for entire project site, including wetland resource areas and areas outside of wetlands jurisdiction, showing existing and proposed conditions, existing and proposed tree/vegetation clearing line, and clearly demarcated limits of work"" (a)❑ Project description (including description of impacts outside of wetland resource area& buffer zone) (b) ❑ Photographs representative of the site (c)❑ MESA filing fee (fee information available at: http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa fee schedule htm). Make check payable to"Natural Heritage& Endangered Species Fund" and mail to NHESP at above address Projects altering 10 or more acres of land, also submit. (d)❑ Vegetation cover type map of site (a)❑ Project plans showing Priority&Estimated Habitat boundaries d. OR Check One of the Following 1. ❑ Project is exempt from MESA review. Attach applicant letter indicating which MESA exemption applies. (See 321 CMR 10.14, http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/mesa/mesa exemptions htm; the NOI must still be sent to NHESP if the project is within estimated habitat pursuant to 310 CMR 10.37 and 10.59.) 2.❑ Separate MESA review ongoing. a.NHESP Tracking# b. Date submitted to NHESP Some projects not in Estimated Habitat may be located in Priority Habitat,and require NHESP review(see hftp:/ANww.mass.gov/dfwele/dfw/nheso/nhesp.htm, regulatory review tab). Priority Habitat includes habitat for state-listed plants and strictly upland species not protected by the Wetlands Protection Act. MESA projects may not be segmented(321 CMR 10.16).The applicant must disclose full development plans even if such plans are not required as part of the Notice of Intent process. ..fn.';dnn.ray nA/nR/nQ Pan^5 of A Massachusetts Department of Environmental Protection Provided by MassDEP: ILI Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent mb Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Nu erSalem City/Town C. Other Applicable Standards and Requirements (cont'd) 3. ❑ Separate MESA review completed. Include copy of NHESP"no Take" determination or valid Conservation & Management Permit with approved plan. 2. For coastal projects only, is any portion of the proposed project located below the mean high water line or in a fish run? a. ❑ Not applicable—project is in inland resource area only b. ❑ Yes ❑ No If yes, include proof of mailing or hand delivery of NOI to either: South Shore-Cohasset to Rhode North Shore-Hull to New Hampshire: Island,and the Cape&Islands: Division of Marine Fisheries- Division of Marine Fisheries- North Shore Office Southeast Marine Fisheries Station Attn: Environmental Reviewer Attn: Environmental Reviewer 30 Emerson Avenue 838 South Rodney French Blvd. Gloucester, MA 01930 New Bedford, MA 02744 Also if yes, the project may require a Chapter 91 license. For coastal towns in the Northeast Region, please contact MassDEP's Boston Office. For coastal towns in the Southeast Region, please contact MassDEP's Southeast Regional Office. 3. Is any portion of the proposed project within an Area of Critical Environmental Concern(ACEC)? Online users: a. El Yes ® No If yes, provide name of ACEC (see instructions to WPA Form 3 or MassDEP Include your Website for ACEC locations). Note: electronic filers click on Website. document transaction b.ACEC number (provided on 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water your receipt (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00? page)with all supplementary a. ❑ Yes ® No information you submit to the 5. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Department. Restriction Act(M.G.L. c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? a. ❑ Yes ® No 6. Is this project subject to provisions of the MassDEP Stormwater Management Standards? a. ❑ Yes. Attach a copy of the Stormwater Report as required by the Stormwater Management Standards per 310 CMR 10.05(6)(k)-(q) and check if: 1.❑ Applying for Low Impact Development(LID) site design credits(as described in Stormwater Management Handbook Vol. 2, Chapter 3) 2.❑ A portion of the site constitutes redevelopment 3.❑ Proprietary BMPs are included in the Stormwater Management System. b.® No. Check why the project is exempt: 1.❑ Single-family house w .M"'1 dnc.rav nA/nA/nQ Pann A of A Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection -Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Citylrown C. Other Applicable Standards and Requirements (cont'd) 2. ❑ Emergency road repair 3. ❑ Small Residential Subdivision (less than or equal to 4 single-family houses or less than or equal to 4 units in multi-family housing project)with no discharge to Critical Areas. D. 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. 1. 0 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.) 2. ® Plans identifying the location of proposed activities(including activities proposed to serve as a Bordering Vegetated Wetland [BVM replication area or other mitigating measure) relative to the boundaries of each affected resource area. 3. ® Identify the method for BVW and other resource area boundary delineations(MassDEP BVW Field Data Form(s), Determination of Applicability, Order of Resource Area Delineation, etc.), andattach documentation of the methodology. 4. ® List the titles and dates for all plans and other materials submitted with this NOI. Site Plan a. Plan Title Patrowicz Land Development Engineering Scott Patrowicz, P.E. b.Prepared By c.Signed and Stamped by 4/30/09 V= 10' d. Final Revision Date e.Scale Wetlands& Land Management Report 11/7/08 f.Additional Plan or Document Title g.Date 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 8.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. T ❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. 8. ® Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Report, if needed. wnafnrm3 dnc.rov namamc Pnno 7 of ft Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 — Notice of Intent Document Transaction Number Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem Cltyrrown E. Fees 1. ❑ Fee Exempt: No filing fee shall be assessed for projects of any city, town, county, or district of the Commonwealth, federally recognized Indian tribe housing authority, municipal housing authority, or the Massachusetts Bay Transportation Authority. Applicants must submit the following information (in addition to pages 1 and 2 of the NOI Wetland Fee Transmittal Form)to confirm fee payment: 2751 4/15/09 2.Municipal Check Number 3.Check date 2750 4/15/09 4.State Check Number 5.Check date Village at Vinnin Square Condominium Trust II 6.Payor name on check:First Name 7.Payor name on check:Last Name F. 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 by Certificate of Mailing or in writing by hand delivery or certified mail (return receipt requested)to all abutters within 100 feet of the property line of the project location. see attached signature page 1.Signature of Applicant 2.Date 3.Signature of Property Owner(if different) 4.Date 5.Signature of Representative(if any) 6.Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents, two copies of the NOI Wetland Fee Transmittal Form, and the city/town fee payment, to the Conservation Commission by certified mail or hand delivery. For MassDEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office(see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the"yes" box in any part of Section C, 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. umafnrmZ Anr.rnv nd/nA/no Ppnp A of A Massachusetts Department of Environmental Protection Provided by MassDEP: Bureau of Resource Protection - Wetlands MassDEP File Number WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Document Transaction Number City/Town F. 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 by Certificate of Mailing or in writing by hand delivery or certified mail (tetuTn receipt requested)to all abutters within 100 feet of the property line of the project location. r �. I • 2. Date 3. 'g ture of Property Owner(if different) /4. Date HOFM , 5.Signature of Representative(if any) le ¢ 6. Date � C T AN 5G PAT CZ m For Conservation Commissi6n: Two copies of the completed Notice of I r+} ` ng supporting plans and documents, two copies of the NOI Wetland Fee Tran fif a city/town fee payment, to the Conservation Commission by certified mail ry. For MassDEP: One copy of the completed Notice of Intent(Form 3), including supporting plans and documents, one copy of the NOI Wetland Fee Transmittal Form, and a copy of the state fee payment to the MassDEP Regional Office(see Instructions) by certified mail or hand delivery. Other: If the applicant has checked the"yes" box in any part of Section C, 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. wpafonn3.doc•rev.02/21/08 Page 8 of 8 L11Massachusetts 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 key Cyndy Anselmo to move your a. First Name b.Last Name cursor-do not use the return East Coast Properties key. c.Organization 400 Highland Avenue VQ d.Mailing Address +r Salem MA 01970 ® e.CityRown f.State g.Zip Code i 978-741-2003 978-745-9684 cyn1043@aol.com In.Phone Number i.Fax Number j.Email Address 2. Property Owner(if different): Arnold Gitter, Chairman Board of Trustees a.First Name b.Last Name Vinnin Associates Realty Trust c.Organization Go Cyndy Anselmo East Coast Properties 400 Highland Avenue d.Mailing Address Salem MA 01970 e.City/Town f.State g.Zip Code 978-741-2003 978-745-9684 cynl043Qaol.com h.Phone Number i.Fax Number j.Email Address 3. Project Location: 50 Freedom Hollow Salem a.Street Address b.City/Town To calculate B. Fees filing fees,refer to the category The fee should be calculated using the following six-step fee list and 9 9 P process and worksheet. Please see examples in the Instructions before filling out worksheet. instructions for filling out WPA Form 3(Notice of Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and Intent). 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. ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Fees (continued) Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity of Activities 3/Individual Fee Activity Fee 2b) Parking Lot(handicap spaces) 1 $500 $500 Step 5/Total Project Fee: $500 Step 6/Fee Payments: Total Project Fee: $500 a.Total Fee from Step 5 . 1 State share of filing Fee: b /2 T 0 b. 1 R Total Fee less$12.50 City/Town share of filling Fee: $262 c. 1/2 Total Fee plus$12.50 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 this form; and the cityltown fee payment. To MassDEP Regional Office(see Instructions):Send a copy of the Notice of Intent or Abbreviated Notice of Intent;a copy of this form;and a copy of the state fee payment. (E-filers of Notices of Intent may submit these electronically.) ro.corrdtJcd90W ArZn3NJ Rc b3dMrMrc WOIMN+kbWEW2Yic3QM%�LYinYml9MQuMzk2OTM VMiJ1r5U3250sNMZNxE9NIIJNIlNjc INOCSNDcwMIQaMx]TdLTEYtd9'xFffi TYYNQi- 1tjjX, GoaBle Took Mel -� e♦,•'w9n sadf[t�IrO�EpplOriark5- rseunas- �®ma - Q�MY relwo -� �Paury f8a„�M:. ®Genres- @J']a,tisPr Feeds(J). APrint -LZ Pege .L." X aml ^Al. I freedom hollow,Salem,me Ynesse. People Collections Locations Web �J welcome !®Directic k nw OIL jvtq AgA n- e r \. M F? 4 y Qt� �. ••.�Adj •. ✓� yj�` m Y f��"", i, �K ,M � { n11 ��,..,y � \ f . 1 �.�:' � .A�@„CRIB q.J ai: T m��`•yi" �♦J+ - ;-� . ^ SAL ra � � Y..�� , 5 ' • ��`�� r �} •e, i J s \\VyA'r� Rr��":.1 1 i r( Gy i6al q� } 0 j a Y � C ' k�r�4v 7 17% 4 f �� +w}`` , \ \Tt'Gy-- ` e • ' , � - N ,_,rla i \R e,S I-�aF v0< .. ` (Ono t .i'A.. 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Patrowicz Land Development Engineering 14 Brown Street Salem, MA 01970 RE: Wetland Delineation at the Village at Vinnin Square, Salem, MA Dear Mr. Patrowicz Wetlands & Land Management, Inc. has completed our evaluation of wetland resource areas at a portion of the condominium property know as the Village at Vinnin Square in Salem. The condominium site is located off Loring Hills Avenue. Our area of study was limited to a portion of the site on the northerly side of the buildings off the interior roadway named Freedom Hollow. A site maintenance project in this area required flagging the adjacent resource areas. Wetlands were evaluated using delineation methodology established in the Wetlands Protection Act and the Department of Environmental Protection"Delineating Bordering Vegetated Wetlands Handbook"dated 1995, and the US Army Corps of Engineers Manual (1987). These regulations and methodology incorporate the evaluation of hydric soils,predominance of wetland vegetation and wetland hydrology to evaluate the upper limit of vegetated wetlands. The study area is developed with the condominium building and maintained grounds, adjacent parking lot, nearby tennis court and swimming pool. The limit of historic fill, probably placed at the time of construction, generally demarcated the limit of developed land versus the adjacent undisturbed land. The limit of wetlands was generally located at the bottom of the historic fill slope. I placed blue surveyors flagging labeled Al to A22 to delineate the upper limit of a red maple swamp bordering vegetated wetland affecting the proposed maintenance project. Flag Al begins at the toe of slope beyond the work and then trends northeasterly and then turning northwesterly along historic fill associated with the parking lot. The wetland boundary continues beyond both ends of the flag line,but further away from the proposed work site. I have enclosed wetland data sheets from an area selected to characterize the typical transition between upland and wetland areas on the site. The property is in a developed area with obvious alterations to the landscape. Surrounding land use and historic alterations on or adjacent to the subject property have disturbed some areas and have possibly created and/or eliminated portions of the wetlands noted. The flags on the ground depict my professional judgment of the limits and characterization of the wetlands given the extent of historic human intervention and apparent age of fill. Be advised,the Conservation Commission is the authority that will make a final determination of the limits of resource areas. Sincerely, Wetlands & Land Management, Inc. William T Manuell William J. Manuell Wetland Scientist Wetlands & Land Management, Inc. Wetland Delineation Field Data Form Applicant: Patrowicz Land Development Project Village at Vinnin Square,Salem,MA Engineering Location: Prepared By: Bill Manuell DEP File#: Check all that apply: ❑Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indicators of hydrology used to delineate BVW boundary: fill out Sections I and II ❑ Method other than dominance test used(attach additional information) Section I. Vegetation Transect/Flag Number Plot I Wetland Date 10-7-08 Sample Layer and Plant Species Percent Cover Percent Dominant Wetland Dominance Plant Indicator (by common/scientific name) (or basal area) (Y / N) Category Herb: Poison ivv/Toxicodendron radicans 20/20 100 v fac Vine: Common ereenbrier/smilax roudifolia 10/20 50 v fac Asiatic bittersweet/Celestrus orbiculata 10/20 50 v facu Shrub: Glossv buckthorn/Franeula alnus 5/20 25 v fac red maple/Acer rubrum 5/20 25 v fac arrowwood/Viburnum dentatum 10/20 50 v facw Tree: red maple 75/75 100 v fac Vegetation conclusion: Number of dominant wetland indicator plants: 6 Number of non-wetland indicator plants: I Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants: ® Yes ❑No Plot-1 wetland Section U. Indicators of Hydrology Hydric Soil Interpretation 1. Soil Survey: Is there a published soil survey for this site? ❑ Yes ❑No Are field observations consistent with soil survey?: ® Yes ❑No title/date: NCSS Web Soil Survey map number: soil type mapped: Whitman Conclusion: Is soil hydric? ® Yes ❑No Hydric soil inclusions: 2. Soil Description: Horizon Depth Matrix Color/Texture Mottles Color A 0-16 10YR2/1 is] — Bg 16-22+ 10YR4/3 fsl 30-40%coarse 10YR5/2 2.Remarks Other Indicators of Hydrology: (check all that apply and describe) ❑ Site inundated: _ ❑ Drainage patterns in BV W: _ ® Depth to free water in observation hole: 0 ❑ Oxidized rhizospheres: _ ❑ Depth to soil saturation in observation hole: _ ❑ Water-stained leaves: _ ❑ Water marks: _ ❑ Recorded data (stream, lake, or tidal gauge, aerial photo; ❑ Drift lines: other): ❑ Sediment deposits: ❑ Other: Vegetation and Hydrology Conclusion Number of wetland indicator plants greater than ®Yes ❑No or equal to number of non-wetland indicator plants Wetland hydrology present: ❑ ❑ hydric soil present ® ❑ other indicators of hydrology present ® ❑ Sample location in BVW ® ❑ Wetlands & Land Management, Inc. Wetland Delineation Field Data Form Applicant: Patrowicz Land Development Project Village at Vinnin Square,Salem,MA Engineering Location: Prepared By: Bill Manuell DEP File#: Check all that apply: ❑ Vegetation alone presumed adequate to delineate BVW boundary: fill out Section I only ® Vegetation and other indicators of hydrology used to delineate BV W boundary: fill out Sections I and II ❑ Method other than dominance test used(attach additional information) Section I. Vegetation Transect/Flag Number Plot 2 Upland Date 10-7-08 Sample Layer and Plant Species Percent Cover Percent Dominant Wetland Dominance Plant Indicator (by common/scientific name) (or basal area) (Y / N) Category Herb: Poison ivv/Toxicodendron radicans 20/20 100 v fac Vine: Asiatic bittersweet/Celestrus orbiculate 10/10 100 v facu Shrub: Common buckthorn/Rhamnus cathartics 20/20 100 v facu Tree: red maple 20/40 50 v fac common buckthorn 20/40 50 v facu Vegetation conclusion: Number of dominant wetland indicator plants: 2 Number of non-wetland indicator plants: 3 Is the number of dominant wetland plants equal to or greater than the number of dominant non-wetland plants: ❑ Yes ®No Plot—2 wetland Section n. Indicators of Hydrology Hydric Soil Interpretation 1. Soil Survey: Is there a published soil survey for this site? ❑Yes []No Are field observations consistent with soil survey?: M Yes ❑No title/date: NCSS Web Soil Survey map number: soil type mapped: Udorthents Conclusion: Is soil hydric? ❑Yes M No Hydric soil inclusions: 2. Soil Description: Horizon Depth Matrix Color/Texture Mottles Color C 20 10YR3/3 sandy fill and boulders — 2.Remarks Other Indicators of Hydrology: (check all that apply and describe) ❑ Site inundated: El Drainage patterns in BV W: ❑ Depth to free water in observation hole: ❑ Oxidized rhizospheres: ❑ Depth to soil saturation in observation hole: ❑ Water-stained leaves: ❑ Water marks: _ ❑ Recorded data (stream, lake, or tidal gauge, aerial photo; ❑ Drift lines: other): ❑ Sediment deposits: ❑ Other: _ Vegetation and Hydrology Conclusion Number of wetland indicator plants greater than ❑Yes ❑No or equal to number of non-wetland indicator plants Wetland hydrology present: ❑ ❑ hydric soil present ❑ M other indicators of hydrology present ❑ M Sample location in BV W ❑ M t COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENERGY& ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION NORTHEAST REGIONAL OFFICE 205B LOWELL STREET, WILMINGTON, MA 01887 978-694-3200 DEVAL L.PATRICK IAN A.BOWLES Governor Secretary TIMOTHY P.MURRAY LAURIE BURT Lieutenant Governor Commissioner DATE: June 2, 2009 Municipality: SALEM (city/town) RE:NOTIFICATION OF WETLANDS PROTECTION ACT FILE NUMBER The Department of Environmental Protection has received a Notice of Intent filed in accordance with the Wetlands Protection Act(M.G.L. c. 131, §40): Applicant: Cyndy Anselmo Owner: East Coast Properties Address: 400 Highland Avenue Address: Salem,MA 01970 LOCUS: 50 Freedom Hollow This project has been assigned the following file# :NE 064-0490 ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF SUBMITTAL,NOT APPROVAL OF APPLICATION Although a file# is being issued,please note the following: Project cannot be approved as proposed as applicant has not demonstrated how this project meets Stormwater Management regulations. If you have any questions regarding this letter,please contact: Ms. JILL PROVENCAL @(978)694- 3250 Cc: Conservation Commission: Salem Conservation Commission, 93 Washington Street RECEIVED JUN U 5 2009 Dr".PT. W-PLAI4UNG & COM14UNITY DETELOPMENT This information is available in alternate format.Call Donald M.Games,ADA Coordinator at 617-556-1057. Too#1-866-539-7622 or 1-617-574-6868. http://www mass aov/dep .Fax(978)694-3499 Printed on Recycled Paper j Page 1 of 1 Carey Duques From: Carey Duques Sent: Thursday, May 21, 2009 8:29 AM To: 'Scott Patrowicz' Subject: RE: 5/28/09 FREEDOM HOLLOW PROJECT Scott, I have the site visit on my schedule as well. I will put you first on the agenda so you can make it to both meetings. One final item is that DEP made comments on your application and is requiring that you address all of the stormwater management regulations. NOI_File# Filing Applicant's Applicant's Location Company Region Town Comments Date First Name Last Name 064-0490 5/5/2009 . CYNDY ANSELMO 50 EAST COAST NE SALEM Project cannot be approved as FREEDOM PROPERTIES proposed as applicant has not HOLLOW demonstrated how this project meet Stormwater Management regulation Please plan on submitting a stormwater report and checklist by the next meeting. Thanks, Carey CareyR-Duques,AICP Conservation Agent/Staff Planner Department of Planning and Community Development 120 Washington Street Salem,NfA 01970 (p)978-619-5685 (f)978-740-0404 cduques@_salem.com www.salem.com From: Scott Patrowicz [mailto:scott.patrowicz@verizon.net] Sent: Thursday, May 21, 2009 8:22 AM To: Carey Duques Subject: 5/28/09 FREEDOM HOLLOW PROJECT Carey: looking ahead. on 51281091 am meeting with you and the Commission at 50 Freedom Hollow for a site walk at 4:45 PM. Then, we will have the continuation of the hearing. Unfortunately, i have to be in Swampscott at 7:30 PM for another hearing. Can I hopefully meet with your Commission near 6PM? Thank you. Scott Patrowicz 5/28/2009 I o CITY OF SALEM Il CONSERVATION COMMISSIO N STTF VISIT FnRM PROJECT LOCATION: 6 n� R01 ,�/ _�fDATE OF SITE VISIT PROJECT PROPONENT: II A)5eC �zn f�agll 1 /ji FILE NUMBER: PROPOSED WORK: G 1YU,G t it 7CU�C t 5 5 AC i IN ATTENDANCE: /////��✓ y_ /� Commission Members/Agent: Abutters: /�4>9,�e T row Applicant/Property Owner/Representative: SITE VISIT PURPOSE: �� ❑Request for Determination ❑Abbreviated Notice of Resource Area Delineation Notice of Intent ❑Cer[ifica[eofCompliance ❑Enforcement/Violation Emergency ❑ Informal AREAS OF JURISDICTIONd INLAND RESOURCE AREAS COASTAL RESOURCE AREAS ❑Bank ❑ Land Subject to Coastal ❑Land Under the Ocean ElBordering Vegetated Wetland Storm Flowage ❑Lund Subject to Flooding I Designated Port Area El CoastalBeach I ❑Land Under Water Bodies or Waterway ,Coastal Dune El Barrier Beach Name: ❑ Coastal Bank ❑Rocky Intertidal Shure ❑Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond ❑Vernal Pools Land Containin ❑ b ❑Anadmmous/Cata- Shellfish dromous Fish Run ❑ Bordering Vegetated Wetland in Coastal Area 120 WASMN(vro1N STREET, SALh:At. NIAS,Auicse'rrs 0I970 . Thl,: 978.745.9.595 FAX: 978.740.0404 . www.ti.�i-r.mi.comt BUFFER ZONE (within 100-feet) ❑Water Body P Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune INTERESTS PROTECTED: rsm Protection of Water Supply Protection of Groundwater Supply nJ Flood Control Storm Damage Prevention Prevention of Pollution ❑Protection of Fisheries Q/ Protection of Wildlife Habitat ❑ Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. SITE VISIT DOCUMENTATION. Aphotos ❑Site Map ❑Other: 1 OBSERVATIONS. r d Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. t& 06 r RECOMMENDATIONS: CITY OF SALEM ' N�, " CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a site visit at 50 Freedom Hollow,on Thursday,May 28,2009 at 4:45 p.m. The purpose of the site visit is to inspect the project site where the following activities have been proposed: construction of a handicap parking area located within the buffer zone to a bordering vegetated wetland located at 50 Freedom Hollow. David A. Pabich, P.E. Conservation Commission Chairman r c� N <n � w N -. N v. CY yV N� This n00ee posted .on "Offielal B On ant' City Hall tiem, Mass. j' at //027!rn 3n 23A i 239 of ".L. F r� C� �v CITY OF SALEM ' - CONSERVATION COMMISSION RTT VT``STT FARM PROJECT LOCATION: 56 Jam^ UIOW DATE OF SITE VISIT PROJECT PROPONENT: FaA MAA DEP FILE NUMBER: A) A PROPOSED WORK: b :4 0- IN ATTENDANCE: Commission Members/Agent: Abutters: Applicant/Property Owner/Representative: SITE VISIT PURPOSE: Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent ❑Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal w AREASOFJURISDICTION: INLAND RESOURCE AREAS COASTAL RESOURCE AREAS ❑Bank ❑ Land Subject to Coastal ❑Land Under the Ocean - Storm Flowage ElBordering Vegetated Wetland ElPort Area ❑Coastal Beach El Land Subject to Flooding ❑ Coastal Dune El Barrier Beach ❑Land Under Water Bodies or Waterway Name: ❑ Coastal Bank ❑Rocky Intertidal Shore ❑Riverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond ❑Vernal Pools ❑ Land Containing ❑Anadromous/Cata- Shellfish dromous Fish Run ❑ Bordering Vegetated Wetland in Coastal Area 120 WAS ruNCTON STREET, SALEM, MASSACHOS I-19 01970 • TF:i,: 978.745.9595 FAX: 978.740.0404 • WWW. ;At.Ew.Cc,M if J BUFFER ZONE (within 100-feet) ❑Water Body XBordering Vegetated Wetland ❑ Bank ❑ CoastalBeach ❑CoastalDune INTERESTS PROTE CTED: Protection of Water Supply Protection of Groundwater Supply Flood Control PQ Storm Damage Prevention Prevention of Pollution ❑Protection of Fisheries 0Protection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. SITE VISIT DOCUMENTATION: . .;a_ _". �._ . .� Photos Site Map ❑Other: OBSERVATIONS. Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. ro�ca� C" fo Oyol ate AA4A a✓e, RECOMMENDATIONS: