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64-449 - 26 HARDY STREET - CONSERVATION COMMISSION a� �� --: . . . � . . . _ . _ . a,_ �._�.__. � � _ . _ _.. . r �. Massachusetts Department of Environmental Protection - a g Bureau of Resource Protection -Wetlands pEtrife=feu be k. WPA Form 3 — Notice of intent - men�zT`naactro . tlt>e Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/rown Important:When filling out A. General Information fortes on the computer,use 1. Project Location(Note: electronic filers will click on button for GIS locator): only the tab key to move your 26 Hardy St Salem 01970 cursor-do not a.Street Address b.Cityrrown c.Zip Code use the return key. Latitude and Longitude: d.Latitude e.Longitude tj 41 0307 f.Assessors Map/Plat Number g.Parcel/Lot Number 2. Applicant: Mark&Sandra Connelly a.First Name b.Last Name c.Company Note: 26 Hardy St Before d.Mailing Address completing this Salem Ma 01970 form consult your local e.City/rown f.State g.Zip Code Conservation 978-744-4635 sandicon@comcast.net Commission h.Phone Number 1.Fax Number j.Email address regarding any municipal bylaw 3. Property owner(if different from applicant): ❑ Check if more than one owner or ordinance. a.First Name b.Last Name c.Company d.Mailing Address a.City/Town f.State g.Zip Code h.Phone Number I.Fax Number j.Email address 4. Representative(if any): a.Finn b.Contact Person First Name c.Contact Person Last Name d.Mailing Address e.City/rovm f.State g.Zip Code h.Phone Number I.Fax Number j.Email address 5. Total WPA Fee Paid (from NOI Wetland Fee Transmittal Form): $176.00 $88.00 $88.00 a.Total Fee Paid b.State Fee Paid c.City/rows Fee Paid 6. General Project Description: Stairway from seawall to mudflats wpaforn3.doc•rev.11/30/06 Page 1 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands FQ� WWPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 city/rown A. General Information (continued) 7. Project Type Checklist: a. ❑ Single Family Home b. ❑ Residential Subdivision c. ❑ Limited Project Driveway Crossing d. ❑ Commercial/Industrial e. ® Dock/Pier f. ❑ Utilities g. ❑ Coastal Engineering Structure h. ❑ Agriculture—cranberries,forestry 1. ❑ Transportation J. ❑ Other 8. Property recorded at the Registry of Deeds for: Essex 223 a.County b.Page Number 24377 c.Book d.Certificate#(if registered land) 9. Has work been performed on the property under an Order of Resource Area Delineation involving Simplified Review within 3 years of the date of this application? a. ❑Yes b. ® No If yes, no Notice of Intent or Request for Determination of Applicability may be filed for work within the 50-foot-wide area in the Buffer Zone along the resource area during the three-year term of an Order of Resource Area Delineation, or any Extended Order, or until the applicant receives a Certificate of Compliance,whichever is later. 10. Buffer Zone Only- Is the project located only in the Buffer Zone of a bordering vegetated wetland, inland bank, or coastal resource area? a. ❑Yes-answer 11 below, then skip to Section C. b. ® No-skip to Section B. 11. Buffer Zone Setback—For projects that involve work only in the buffer zone, select the applicable adjacent resource area (check one): a. ❑ BVW b. ❑ inland bank c. ❑ coastal resource area The distance between the closest project disturbance and the associated resource area is: d.linear feet wpaform3.doc•rev.11/30/06 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands FORWJ�KLntlgq. WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 city/rown B. Resource Area Effects 1. Inland Resource Areas Check all that apply below. Attach narrative and any supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Pr000sed Replacement(if any) document transaction number a. ❑ Bank 1.linear feet 2.linear feet (provided on b, ❑ Bordering Vegetated your receipt page)with all Wetland 1.square feet 2.square feet supplementary information you c. ❑ Land Under 1.square feet 2.square feet submit to the Waterbodies and Department. Waterways 3.cubic yards dredged d. ❑ Bordering Land Subject to Flooding 1,square feet 2.square feet 3.cubic feet of flood storage lost 4.cubic feet of flood storage replaced e. ❑ Isolated Land Subject to Flooding 1.square feet 2.cubic feet of flood storage lost 3.cubic feet of flood storage replaced f. ❑ Riverfront area 1.Name of Waterway(if available) ❑For projects 1.Width of Riverfront Area(check one): Impacted by the dverfront area ❑ 25 ft. -Designated Densely Developed Areas only and a buffer zone of another resource area, ❑ 100 ft.-New agricultural projects only add 50%to the total fee. ❑ 200 ft. -All other projects 2.Total area of Riverfront Area on the site of the proposed project: Square Feet 3.Proposed alteration of the Riverfront Area: a.Total Square Feet b.Square Feet within 100 ft. c.Square Feet between 100 ff.and 200 ft. 4. Has an alternatives analysis been done and is it attached to this NOI? ❑ Yes❑ No 5.Was the lot where the activity is proposed created prior to August 1, 1996? ❑ Yes❑ No wpaforn3.doc•rev. 11/30/06 Page 3 of 9 Massachusetts Department of Environmental Protection' Bureau of Resource Protection -Wetlands WPA Form 3 - Notice of Intent ;�,,. Merit�i'ans��ibrkNeimbeT Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Citylrown B. Resource Area Effects 2. Coastal Resource Areas: Check all that apply below. Attach narrative and supporting documentation describing how the project will meet all performance standards for each of the resource areas altered, including standards requiring consideration of alternative project design or location. Online Users: Include your Resource Area Size of Proposed Alteration Proposed Replacement(if any) document transaction a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below number (provided on 2 your receipt b. ® Land Under the Ocean 1,Square feet page)with all supplementary information you 2.Cubic yards dredged submit to the Indicate size under Coastal Beaches and/or Coastal Dunes Department. c.❑ Barrier Beach below d. ❑ Coastal Beaches 1.Square feet 2.Cubic yards beach nourishment e. ❑ Coastal Dunes 1.Square feet 2.Cubic yards dune nourishment f. ❑ Coastal Banks 1.Linear feet 44 Rock Intertidal Shores g• ® y 1.Square feet h.❑ Salt Marshes 1.Square feet 2.Sq ft restoration,rehab.,or creation i. ❑ Land Under Salt Ponds 1,Square feet 2.Cubic yards dredged I. ❑ Land Containing Shellfish 1.Square feet 2.Square feet restoration,rehab. k. ❑ Fish Runs Indicate size under Coastal Banks;inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above 1.Cubic yards dredged I. ❑ Land Subject to Coastal Storm Flowage 1.Square feet 3. Limited Project: Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR 10.24 or 310 CMR 10.53? a. ❑ Yes ® No If yes, describe which limited project applies to this project: b.Limited Project wpaforn3.doc•rev.11/30/06 Page 4 of 9 Massachusetts Department of Environmental Protection M, Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent , an aelrb,ilizmber Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town C. Bordering Vegetated Wetland Delineation Methodology Check all methods used to delineate the Bordering Vegetated Wetland (BVW)boundary: Online Users: 1, ❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP Include your (attached) document transaction 2. ❑ DEP BVW Field Data Form (attached) number (provided on your receipt 3. ❑ Final Determination of Applicability issued by Conservation Commission or DEP (attached) page)with all supplementary information you 4. ❑ Other Methods for Determining the BVW Boundary(attach documentation): submit to the a. or more weanncao Department. ❑ 50% wetland indicator plants p b. ❑ Saturated/inundated conditions exist For all projects c. ❑ Groundwater indicators affecting other d.❑ Direct observation Resource Areas, please attach a e. ❑ Hydric soil indicators narrative f. ❑ Credible evidence of conditions prior to disturbance explaining how the resource 5. Other resource areas delineated: area was delineated. D. Other Applicable Standards and Requirements Streamlined Massachusetts Endangered Species Act/Wetlands 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 httD7//www.mass.(iov/dfwele/dfw/nhesp/nhre-qmal).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 Route 135, North Drive b.Date of map Westborough,MA 01581 If yes, the project is 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 DA.& and include requested materials with this Notice of Intent(NOI); OR complete Section D.13, if applicable. If MESA supplemental information is not included with the NOI, by completing Section f of this form, the NHESP will require a separate MESA riling which may take up to 90 days to review(unless noted exceptions in Section 2 apply, see below). A. Submit Supplemental Information for Endangered Species Review ❑ Percentage/acreage of property to be altered: (1)within wetland Resource Area percentage/acreage (2)outside Resource Area percentage/acreage ❑ Assessor's Map or right-of-way plan of site Lwpaform3.doc•rev.11/30106 Page 5 of 9 Massachusetts Department of Environmental ProtectionFbe . M ,Bureau of Resource Protection - Wetlands €N13a1ber `MrWPA Form 3 - Notice of Intentnt.rttat,��itu�`" Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 CitylTown D. Other Applicable Standards and Requirements (cont.) ❑ 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" ❑ Project description(including description of impacts outside of wetland Resource Area & Buffer Zone) ❑ Photographs representative of the site ❑ MESA filing fee(fee information available at: hffo://www.mass.gov/dfwele/dfw/nhesp-/nhenvmesa.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. ❑ Vegetation cover type map of site ❑ Project plans showing Priority&Estimated Habitat boundaries B. OR Check One of the Following ❑ 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/`nhenvexemptions.htm) ❑ Separate MESA review ongoing. NHESP Tracking Number Date submitted to NHESP ❑ Separate MESA review completed. Include copy of NHESP"no Take"determination or valid Conservation &Management Permit with approved plan. Some projects not in Estimated Habitat may be located in Priority Habitat, and require NHESP review(see www.nhesp.org 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. 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.® 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 b. ❑ Not applicable—project is in inland resource area only wpaform3.doc•rev.11/30/06 Page 6 of 9 Massachusetts Department of Environmental Protection it Bureau of Resource Protection - Wetlands WPA Form 3 — Notice of Intent 7pcum'e`nt`3.1±3nsacYl'on73um et"; Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 City/Town D. Other Applicable Standards and Requirements (cont.) 3. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)? a. ❑ Yes ® No If yes, provide name of ACEC(see instructions to WPA Form 3 or DEP Website for ACEC locations). Note: electronic filers click on Website. b.ACEC Online users: 4. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands Include your Restriction Act(M.G.L.c. 131, §40A)or the Coastal Wetlands Restriction Act(M.G.L. c. 130, § 105)? document transaction a. ❑ Yes ® No number (provided on 5. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the your with ail wetlands regulations, 310 CMR 10.00. supplementary Information you a. ❑ Yes ® No If yes, describe which exemption applies to this project: submit to the Department. b.Exemption 6. Is this project subject to the DEP Stormwater Policy? a. ❑ Yes ® No If yes, stormwater management measures are required.Applicants should complete the Stormwater Management Form and submit it with this form. b. If no, explain why the project is exempt: Staircase going to Salem Harbor and the total square feet is only 44 E. Additional Information Applicants must include the following with this Notice of Intent(NOI). See instructions for details. Online Users:Attach the document transaction number(provided on your receipt page)for any of the following information you submit to the Department. 1. ❑ 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 [BVW) replication area or other mitigating measure)relative to the boundaries of each affected resource area. 3. ❑ Other material identifying and explaining the determination of resource area boundaries shown on plans (e.g., a DEP BVW Field Data Form). 4. ❑ List the titles and dates for all plans and other materials submitted with this NOI. 5. ❑ If there is more than one property owner, please attach a list of these property owners not listed on this form. 6.❑ Attach proof of mailing for Natural Heritage and Endangered Species Program, if needed. 7.❑ Attach proof of mailing for Massachusetts Division of Marine Fisheries, if needed. wpaform3.doc•rev.11/30/06 Page 7 of 9 Massachusetts Department of Environmental Protection R Sr ° 01 Bureau of Resource Protection -Wetlands OEPII�;tJoirtYx�r= :'°j. WPA Form 3 - Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 a c1 � 161LuB cityrrown E. Additional Information (cont.) 8. ❑ Attach NOI Wetland Fee Transmittal Form 9. ❑ Attach Stormwater Management Form, if needed. F. Fees The fees for work proposed under each Notice of Intent must be calculated and submitted to the Conservation Commission and the Department(see Instructions and NOI Wetland Fee Transmittal Form). No 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: 4194 5/10/2007 1.Municipal Check Number 2.Check date 4195 5/10/2007 3.State Check Number 4.Check date Mark and Sandra Connelly 5.Payor name on check:First Name 6.Payor name on check:Last Name G. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I understand that the Conservation Commission will place notification of this Notice in a local newspaper at the expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a). I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the requireme s of M.G.L.c. 131, §40. Notice must be made in writing by hand delivery or certified mail (retur ipt re ested)t"ll ab ers wit ' 100 feet of the property line of the pro' ct I cation. D Sign ur o Ap II nt Date 0� g tore of roperty Owner i di erent) Data Signature of Representative(if any) Date For Conservation Commission: Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two copies of pages 1 and 2 of the NOI Wetland Fee Transmittal Form; and the city/town fee payment must be sent to the Conservation Commission by certified mail or hand delivery. For DEP: One copy of the completed Notice of Intent(Form 3),including supporting plans and documents; one copy of pages 1 and 2 of the NU Wetland Fee Transmittal Form;and a copy of the state fee payment must be sent to the DEP Regional Office(see Instructions)by certified mail or hand delivery.(E-filers may submit these electronically.) wpaform3.doc•rev.11/30/06 Page 8 of 9 Massachusetts Department of Environmental Protection ME Bureau of Resource Protection -Wetlands WPA Form 3 — Notice of Intent Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 .. .. CltylTown G. Signatures and Submittal Requirements (cont.) Other: If the applicant has checked the"yes" box in any part of Section D, Item 3, above, refer to that section and the Instructions for additional submittal requirements. The original and copies must be sent simultaneously. Failure by the applicant to send copies in a timely manner may result in dismissal of the Notice of Intent. wpaformUoc•rev.11/30106 Page 9 of 9 �zwv, Sh �M'�w�r6� e•L a/IO �r` �� \ R.� IJiu�``� d �� I/�P ♦ � 1�'.��.d�"p��'�,9�A a � .. ,'� �"� �:.��n� ' r..! pt 10 p HIM PO to Neck ..�° �� Y'A'I�AO.rB•R.i 9u`r';a�As��n�ad� .��_Qa . Pir°.��'��i��l�'��A � ' ., ,,�� *} ?oA � RIPE A� ;� ram. Ia ®. RbOA TV �'A aj31�. +le a ra'ay�9y10mWq/6�'QIS Sn°� 'i'l,, e • c p•� a�€��®/a wA9a � :aa,.f. .?_, \t��sQ��®B�a ♦ 7/ �''ii--/ � .Yl✓/ �� r �ris1� FROM: 1 LBS 1 OF 1 � � �SANDR LLY 44-4635 �r 26 MI AIII II0IIII1III 9 9-02 HARDY OSALEMMA01970 SHIP TO: UPS GROUND ENVIRONMENTAL REVIEWER TRACKING#: I 719 OYF 03 4873 7220 DIVISION OF MARINE FISHERIES 30 EMERSON AVE GLOUCESTER MA 01930 BILLING: P/P W9 0.0AY C.non 0tl10600.M MWT Fold here and place in label pouch Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands NOI Wetland Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Important: A. Applicant Information When filling out fors on the 1. Applicant: computer,use Mark and Sandra Connelly only the tab key to move a.First Name b.Last Name c.Company your cursor- 26 Hardy St do not use the d.Mailing Address return key, Salem Me 01970 e.City/rown f.State g.Zip Code 978-744-4635 h.Phone Number 2. Property Owner(if different): a.First Name b.Last Name c.Company d.Mailing Address e.City/town f.State g.Zip Code h.Phone Number 3. Project Location: 26 Hardy St Salem a.Street Address b.Cityrrown To calculate B. Fees filing fees,refer to the category Notice of Intent(Form 3)or Abbreviated Notice of Intent(Form 4): fee list and examples in the The fee should be calculated using the following six-step process and worksheet. Please see Instructions out for Instructions before filling out worksheet. filling out WPA For 3(Notice of Intent). Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone. Step 2/Number of Activities: Identify the number of each type of activity. Step 3/1ndividual 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/rotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4. Step 61Fee 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. Wpat nIft•N01 Wetland Fee Trensmitlal Form•rev.311/05 Page 1 of 2 LlMassachusetts 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 Category 5 1 $4linear ft $176.00 Step 5/Total Project Fee: $176.00 Step 6/Fee Payments: Total Project Fee: $176.00 a.Total fee from Step 5 State share of filing fee: $68.00 b.1/2 total fee less$12.50 Citylrown share of filling fee: $88.00 - 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 city/town fee payment. c.) To DEP 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.) WpaWm3.doc•N01 WeCand Fee Transmittal Form•rev.311105 Page 2 of 2 . r Y:. 79 l,S 419 5 . cfaildirr �'�onire/ r ..Zo Q 2(' fl> b s Paytb die $ LID C er - �S' 'Y � •� 5.Y I 1 4 � S- b�^ EASTERN BANCZ16 r S z r SAIEM.MA 01970 1.80G EASTERN FvF�s EASTERNBANKCOM - L A FoI iY'�y'-mac t "` S s ■ .F+> �c �1� ' x. �iyh'g�.f° '. wVP+w+4wa�nwti.mwY"Tmwn �'� .. y. y.- t "i .y tn 1 s n1C ■ _ _.� k.c ,� t,�'.sx wl�� l 45�� U Q�C �C� �� ►��fi t tJ G l � Qi�� € - ry="ANy3jS�NVB-DWLL NNVS NH31SV3 ap ol'"U vv . 6Z'J �`n'VIII/;py Y �aha CITY OF SALEM YfNi,W CONSERVATION COMMISSION Ap h January 4, 2008 Mark and Sandra Connelly 26 Hardy Street Salem,MA 01970 Re: Certificate of Compliance—DEP #64-449— 26 Hardy Street, Salem,MA Dear Mr. and Mrs. Connelly: During the scheduled Conservation Commission meeting on December 20, 2007, the Conservation Commission reviewed your request for a Complete Certificate of Compliance for the installation of stairs leading from your property to the water. In reviewing the photos of your property, the Conservation Commission noticed that a wooden stockade fence had been installed within the buffer zone to a coastal bank along Hardy Street, that had not been approved by the Conservation Commission. The Commission is sending you this letter as a notice that the majority of your property is located within the 100 foot buffer zone to a resource area. Therefore you should review the Wetlands Protection Act prior to completing projects on your property to confirm if you will need a permit from the Conservation Commission. Feel free to call me,the Conservation Agent, if you have any questions regarding a project or the Wetlands Protection Act,978-619-5685. Regarding the request for the Certificate of Compliance for the wooden staircase,the Conservation Commission decided to issue a full Certificate of Compliance. Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, 36 Federal Street Salem, Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance,which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Since y, Carey Duq es A)t Conservati n Agent/ Srfnner Enclosures CQ DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1; WPA Form 813 — Certificate of Compliance #64-449 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 Mark & Sandra Connelly computer, use Name only the tab key to move 26 Hardy Street your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code td 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Mark & Sandra Connelly Name March 10, 2005 #64-449 Dated DEP File Number 3. The project site is located at: 26 Hardy Street Salem Street Address City/Town MAP 41 LOT 0307 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Property Owner(if different) Essex County Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: December 12, 2007 Date B. Certification Check all that apply: Complete Certification: It is hereby certified that the work regulated by the above-referenced . Order of Conditions has been satisfactorily completed. Partial Certification: It is hereby certified that only the following portions of wor k regulated b the ❑ Y 9P 9 Y Y above-referenced Order of Conditions have been satisfactorily completed. The project ect areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform 8b.doc•rev.711104 Page 1 of 4 Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance #64-449 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: SALEM December 20, 2007 Conservation Commission Date of Issuance This Certificate must be signed by a majority of the Conservation Commission and a copy sent to the applicant and appropri a DEP Regignal Office ( ee Attachment). Signatures: J) L C waalorm 8b.doc•rev.7113104 Page 2 014 Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 813 — Certificate of Compliance a64-449 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of ESSEX 20th December 2007 On this Day Of Month Year before me, the undersigned Notary Public, personally appeared Kevin Cornacchio, Keith Glidden, Amy Hamilton, & Michael Blier, Name of Document Signer proved to me through satisfactory evidence of identification, which was/were Personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of SALEM Conservation Commission City/Town CAREY R. DUQUES Nolary Public � COMMONWF OF M� My Comom mission August 16,2613 ignature of Notary Public / 1 ClAg—r-Y__llttlic� v— -- Printed Name of Notary - 16 2013 My Co fission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform 8b.doc•rev.7113104 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance #64-449 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: SALEM Conservation Commission Please be advised that the Certificate of Compliance for the project at: 26 Hardy Street #64-449 Project Location DEP File Number Has been recorded at the Registry of Deeds of: ESSEX County for: Mark & Sandra Connelly Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 6b.doe-rev.7113/04 - Page 4 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands }, DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adam Colrain Hampden Monroe Piuseeld Tynngham 436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales 9 Alford Cummington Hatfield Monterey Richmond Ware Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick Springfield, MA 01103 Ashfield Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchenown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-784-1149 Bernardston Egrernont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Brimfield Panda Lanesborough North Adams Shu,esbury West Stockbridge Buckland Gill Lee Northampton Southampton Widely Charlemont Goshen Lenox Nonhfietd South Hadley Wilbraham Cheshire Granby Leveret, Orange Southwick Williamsburg Chester Granville Leyden Otis Springfield Williamstown Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor Chicopee Greenfield Ludlow Pelham Sunderland Worthington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Acton Charted Hopkinton Millbury Rutland Uxbridge 627 Main Street Ashbvrnham Clinton Hubbardston MIIINIIe Shiley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester,MA 01608 Athol Dudley Holliston NDnhborough Southborough Westborough Phone: 508-792-7650 Auburn Dunstable Lancaster Northbridge Southbndge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Barre Fitchburg Leominster Oakham Sterling Westford TDD:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster Berlin Graben Lunenburg Paxton Sturbridge Winchendon Blackstone Groton Marlborough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborough Hardwick Medway Phillipston Townsend Boylston Haden Menton Princeton Tyngsbarough Brookfield Hopedale Milford Royalrom Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Pmvincetown Tisbury 20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville, MA 02347 Avon Duxbury Halifax New Bedford Rochester Well Phone:508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater Fax: 508-947-6557 Berkley East Bridgewater Hanson barren Sandwich Westport Bourne Easton Harwich Norwell Scituate West Tell TDD: 508-946-2795 Brewster Edgarlown Kingston Oak Bluffs Seekonk Whitman Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfield Pembroke Somerset Yarmouth Carver Falmouth Marion Plainville Stoughton Chatham Fcxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plympton Taunton DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Candy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Consisted Hull Middleton Reading Waltham Boston, MA 02108 Ashland Concord Ipswich Millis Revere Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Natant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury Wes,Newbury Boston Essex Lynn Newbury Saugus Weston Boxford Everett Lyonfield Newburyport Sherbdm Westwood Braintree Framingham Malden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington Burlington Gloucester - Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canaan Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Tapered wpaform8b.doc•DEP Addresses•rev.12119I37 Page 1 of 1 CONUIT CITY OF SALEM CONSERVATION COMMISSION July 3,2007 Mark and Sandra Connelly 26 Hardy Street Salem,MA 01970 RE: Issuance of Fines for Wetland Violations at 26 Hardy Street,Salem,MA VIA CERTIFIED MAIL 7005 3110 0000 7176 7353 Dear Mr. and Mrs. Connelly: The Salem Conservation Commission, acting under the jurisdiction of the City of Salem Ordinance Pertaining to General Wetlands, has issued you a fine in the amount of$50. The Ordinance states, "Any person who violates any provisions or any condition of a permit issued pursuant to it shall be punished by a fine of not more than$200 a day. Each day or portion thereof during which a violation continues shall constitute a separate offense". An Enforcement Order was sent on April 30, 2007 stating that a platform and associated staircase was built within a resource area at 26 Hardy Street, Salem without an Order of Conditions. The Enforcement Order stated that you must cease and desist from using the staircase, until you received an Order of Conditions and required you file a Notice of Intent by May 17, 2007 and attend the May 17,2007 Conservation Commission meeting. The Commission determined during the meeting held on May 17, 2007 that they would like to visit the site to inspect the constructed staircase. A site visit was held on May 26, 2007. The Commission granted your request for a continuance during the meeting on June 14,2007 since you were not able to attend. At the meeting on June 28, 2007, the Commission issued an Order of Conditions for the staircase and associated platform, after the fact, with the special condition that you shall apply for a Chapter 91 license and submit a copy of the license to the Conservation Commission. As you are aware, on Thursday, June 14, 2007, at the regularly scheduled Salem Conservation Commission meeting, the Commission issued an Order of Conditions and voted unanimously, four (4) in favor and none (0) opposed, to reduce the fine from $200 to $50. The Commission discussed with the landowners a timeline for receipt of the fines and all agreed upon 60 days from the meeting date,which is August 29,2007. A check in the amount of$50 payable to the City of Salem Conservation Commission must be received no later than August 29, 2007. Please feel free to contact me with any questions, 978-619- 5685. Sincere j Carey Duque Conservation Agent/ er Cc: SalemmCC sqonservat on Commission, Beth Rennazd E ,City Solicitor Department of Environmental Protection,DEP s CITY OF SALEM CONSERVATION COMMISSION July 3, 2007 Mark and Sandra Connelly 26 Hardy Street Salem, MA 01970 Re: Order of Conditions—DEP #64-449 26 Hardy Street, Salem, Massachusetts Dear Mr. and Mrs. Connelly: Enclosed, please find the Order of Conditions for the above referenced project. Following the 10-day appeal period (as of July 13, 2007), this document and the attached Special Conditions must be recorded at the Essex County Registry of Deeds (36 Federal Street, Salem, MA). 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#64-449 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, Carey uques Conse ation Agent/Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-449 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Salem When filling From: 9 1.Conservation Commission out forms on the computer, 2.This issuance is for(check one): a. 5 Order of Conditions b. ❑ Amended Order of Conditions use only the tab key to 3.To: Applicant: move your cursor-do not Mark and Sandra Connelly use the return a.First Name b. Last Name c.Company key. 26 Hardy Street d. Mailing Address v6 Salem MA 01970 e.city/Tom I.State g.Zip Code 4. Property Owner (if different from applicant): a. First Name b. Last Name c.Company d. Mailing Address e.Cityrrown I.State g.Zip Code 6. Project Location: 26 Hardy Street Salem a.Street Address b.City/7own 41 0307 c.Assessors Map/Plat Number d.Parcel/Lot Number Latitude and Longitude, if known (note: electronic filers will click for GIS locator): e.Latitude f.Longitude 6. Property recorded at the Registry of Deeds for (attach additional information if more than one parcel): Essex a.County b.Certificate(it registered land) 24377 223 c.Book d.Page May 10, 2007 June 28, 2007 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): a.Plan Title b. Prepared By c.Signed and Stamped by d.Final Revision Date e.Scale f.Additional Plan or Document Title g.Date w aform5.dw• rev.a/1/05 Page 1 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-449 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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. 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 these interests, and a final Order of Conditions is issued. A description of the performance standards which the proposed work cannot meet is attached to this Order. c. ❑ the information submitted by the applicant is not sufficient to describe the site, the work, or the effect of the work on the interests identified in the Wetlands Protection Act. Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides sufficient information and includes measures which are adequate to protect the 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 wetland boundary(if available) a.linear feet Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 4. ❑ Bank a.linear(feet b.lineaffeet c.linear feet d.linear feet s. ❑ Bordering Vegetated Wetland a.square feet b.square feet c.square feet d.square feet 6. ❑ Land Under W aterbodies a.square feet b.square feet c.square feet d.square feet and Waterways e.cu.yd dredged f.cu.yd dredged wpaformSAm• rev.W/05 Page 2 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-449 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings (cont.) Resource Area Proposed Permitted Proposed Permitted Alteration Alteration Replacement Replacement 7. ❑ Bordering Land Subject to Flooding a.square teat b.square feet c.square feet d.square teat Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet a. ❑ Isolated Land Subject to Flooding a.square feet b.square feet Cubic Feet Flood Storage c.cubic feet d.cubic feet e.cubic feet f.cubic feet 9. ❑ Rivertront area a.total sq.feet b.total sq.feet Sq It within 100 It c.square feet d.square feet e.square feet f.square feet Sq ft between 100-200 It g.square feet h.square feet i.square feet q j.square feet Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only) 10. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below 11. ® Land Under the Ocean 2 2 a.square feet b.square feet c.cu.yd dredged d.cu.yd dredged 12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes below 13. ❑ Coastal Beaches a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt. 14. El Coastal Dunes a.square feet b.square feet c.c/y nourishmt. d.c/y nourishmt 15. ❑ Coastal Banks a.linear feet to.linear feet 1s 44 44 ® 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 tee[ b.square feet c.cu.yd dredged d.cu.yd dredged 19. ❑ Land Containing Shellfish a.square feet b.square feet c.square feet d.square feet 20. ❑ Fish Runs Indicate size under Coastal Banks, inland Bank, Land Under the Ocean, and/or inland Land Under Waterbodies and Waterways, above a.cu.yd dredged b.cu.yd dredged 21. ❑ Land Subject to Coastal Storm Flowage a.square feet b.square feet x atorm5.dw• rev.311105 Page 3 of is Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-449 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act (only applicable to approved projects) 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this Order. 2. The Order does not any property 9 Y P P y 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 this Conservation Commission on the form at the end of this Order, which form must be stamped by the Registry of Deeds, prior to the commencement of work. 9. A sign shall be displayed at the site not less then two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Protection"[or, "MA DEP"j "File Number 64-449 " v aform&dw• rev.y1/05 Page a of 9 L f LlMassachusetts Department of Environmental Protection Bureau of Resource Protection- Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-449 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. General Conditions Under Massachusetts Wetlands Protection Act 10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before DEP. 11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of Compliance (WPA Form 8A) to the Conservation Commission. 12. The work shall conform to the plans and special conditions referenced in this order. 13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the Conservation Commission in writing whether the change is significant enough to require the filing of a new Notice of Intent. 14. The Agent or members of the Conservation Commission and the Department of Environmental Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours to evaluate compliance with the conditions stated in this Order, and may require the submittal of any data deemed necessary by the Conservation Commission or Department for that evaluation. 15. This Order of Conditions shall apply to any successor in interest or successor in control of the property subject to this Order and to any contractor or other person performing work conditioned by this Order. 16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland, the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a Certificate of Compliance has been issued by the Conservation Commission. 17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully stabilized with vegetation or other means. 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. 18. All work associated with this Order is required to comply with the Massachusetts Stormwater Policy Standards. Special Conditions: If you need more space for additional conditions, select box to attach a text document wpaform5.dw- rev.3/1/05 Pape 5 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-449 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Findings Under Municipal Wetlands Bylaw or Ordinance I. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No 2. The hereby finds (check one that applies): Conservation Commission 3. ❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal ordinance or bylaw specifically: a. Municipal Ordinance or Bylaw b.Citation Therefore, work on this project may not go forward unless and until a revised Notice of Intent is submitted which provides measures which are adequate to meet these standards, and a final Order of Conditions is issued. 4. ❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw: a.Municipal Ordinance or Bylaw It.Citation The Commission orders that all work shall be performed in accordance with the following conditions and with the Notice of Intent referenced above. To the extent that the following conditions modify or differ from the plans, specifications, or other proposals submitted with the Notice of Intent, the conditions shall control. It you need more c. The special conditions relating to municipal ordinance or law are as follows: space for P 9 P Y additional conditions, The special conditions attached to this Order of Conditions relate to both the City of Salem's local select box to ordinance and the Massachusetts Wetlands Protection Act. attach a text document w aforn5.doc• rev.3/1105 Page 6 of 9 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 5 - Order of Conditions 64-449 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 E. Issuance This Order is valid for three years, unless otherwise specified as a special 8 b 1Z condition pursuant to General Conditions #4, from the date of issuance. 1.Dace f Is once Please indicate the number of members who will sign this form: This Order must be signed by a majority of the Conservation Commission. z.Number signers The Order must be mailed by certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or hand delivered at the same time to the appropriate Department of Environmental Protect' n al Office, if not filing electronically, and the property owner, if different from appI can Signatures: O otary Acknowledgement Commonwealth of Massachusetts County of Essex On this p8y of June 2007 Month Year Before me, the undersigned Notary Public, K. Cornacchio, D. Pabich, .�, K. Glidden, personally appeared D. Summer, 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 City/Town Conservation Commission CM 'Y R.DUOUES /J t N°1111 m►or r�tiwiouSEns b Mr01IMMkdmEvifes yC ALOM 16.013 ignature o Notary Public Carey R. Duques 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 X by certified mail, return receipt requested, on Date Date ww0aforrm.doo• rev.311/05 Page 7 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-449 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 F. Appeals The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and a completed Request of Departmental Action Fee Transmittal Form, as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Order. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. Any appellants seeking to appeal the 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 Determination, or providing written information to the Department prior to issuance of a Superseding Order or Determination. The request shall state clearly and concisely the objections to the Order which is being appealed and how the Order does not contribute to the protection of the interests identified in the Massachusetts Wetlands Protection Act, (M.G.L. c. 131, § 40) and is inconsistent with the wetlands regulations (310 CMR 10.00). To the extent that the Order is based on a municipal ordinance or bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. Section G, Recording Information is available on the following page. wpafcrm5.dw• rev.3/1/05 Page 8 of 9 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 5 - Order of Conditions 64-449 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 G. Recording Information This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information on Page 7 of this form shall be submitted to the Conservation Commission listed below. Salem Conservation Commission Detach on dotted line, have stamped by the Registry of Deeds and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Order of Conditions for the Project at: 26 Hardy Street 64-449 Project Location DEP 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 wpaform5.Jo rev.3/1/05 Page 9 of 9 Attachment to Order of Conditions # 64-449 Page lof 5 SALEM CONSERVATION COMMIS SION DEP FILE #64-449 26 Hardy Street City of Salem,Massachusetts ADDITIONAL FI NDINGS 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 "after the fact'construction of a staircase and associated plati'orm leading from a concrete seawall to the rocky inter tidal area. The 5 feet by 4 feet platform extends from the concrete seawall to a staircase, measuring 2 feet by 8 feeL A total of 2 sq ft of land under the ocean has been disturbed and 44 feet of rocky inter tidal area. A Chapter 91 license must be obtained in order for this structure to be permitted and the Conservation Commission must received a copy of this license. GENERAL CONDITIONS 1. 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. 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#64-449,and not placed on a living tree. 5. No work approved in this Order may commence until the ten(10)day appeal period has lapsed from the date of the issuance of this Order. 6. With respect to this Order,the Commission designates the Conservation Agent as its agent with powers to act on its behalf in administering and enforcing this Order. Attachment to Order of Conditions#64-449 Page 2of 5 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 scat. 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 FloodpWns under the State Building Code(780 CMR 744.). 10. If there are conflicting conditions within this Order,the stricter condition(s)shall rule. IL 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: Final Approved Plans Plans associated with Appendix C• Simplified Chanter 91 License Plan (Title) (Dated) (Signed and Stamped by) City of Salem Conservation Commission (On fde with) Attachment to Order of Conditions # 64-449 Page 3of 5 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 strange 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. EROSION CONTROL 20. 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. 21. 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. 22. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as necessary. Any accumulated sift adjacent to the barriers shall be removed. 23. The area of construction shall remain in a stable condition at the close of each construction day. 24. 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. Attachment to Order of Conditions#64 449 Page 4of 5 25. 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. 26. 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 27. 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. 28. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on the approved plan(s). 29. 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. 30. 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. 31. 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. 32. 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. 33. There shall be no pumping of water from wetland resource areas. 34. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other components shall be fixed immediately. 35. During construction,all drainage structures shall be inspected regularly and cleaned as necessary. 36. 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 21 A,section 16. AFTER CONSTRUCTION 37. 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: Attachment to Order of Conditions # 64-449 Page 5of 5 (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, 38. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds P tY gr tiY and a copy of the recording submitted to the Salem Conservation Commission. 39. 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. 40. 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 41. The applicant shall obtain a Chapter 91 license and submit a copy of the license to the Salem Conservation Agent and/or the Conservation Commission. I� l s; CITY OF SALEM CONSERVATION COMMISSION April 30, 2007 Mark and Sandra Connelly 26 Hardy Street Salem, MA 01970 Re: Violation at 26 Hardy Street Sent via Certified Mail 70053110000071766592 Dear Mr. and Mrs. Connelly: In accordance with the Massachusetts Wetlands Protection Act (MGL Chapter 131, Section 40) and the City of Salem Wetlands Bylaw, you are in violation for the staircase that was built extending from your property into Salem Harbor. Your property at 26 Hardy Street is located within a Buffer Zone to a Coastal Resource Area, the staircase has been built within a resource area and therefore requires the filing of a Notice of Intent (NOT) application to both the Salem Conservation Commission and the Massachusetts Department of Environmental Protection (DEP). The staircase will also require obtaining a Chapter 91 license since the footings are driven into the floor of the ocean as well as coordination with the building inspector. The staircase was observed on April 24, 2007 (see attached photos) from the public way and was then discussed with the Conservation Commission at the regularly scheduled meeting on Thursday April 26. The Commission agreed to issue a cease and desist order (see attached) as well as levy a fine of $200 for the wetland violation. The Salem Conservation Commission request that you do not use the staircase, stop all work on the staircase, and submit a NOI application and appear before the commission at their next scheduled meeting, on May 17 2007 at 6 pm, to discuss this issue. Enclosed you will find a Notice of Intent Application,please submit the application along with all other required plans and documents to the Salem Conservation Commission at 120 Washington Street, 3`d Floor, Salem, MA, by May 17 2007. Please be advised,that if you fail to submit an NOI application within the allotted timeframe without first notifying the Commission in writing at least 48 hours in advance, demonstrating good cause for inability to submit the application,the Commission will enforce fines of$200 a day until a Notice of Intent is received by the Commission. If the staircase continues to be used or work continues on the staircase, without first filing and obtaining all local and state permits mentioned above, local and State fines shall be enforced. Should you have any further questions regarding this matter or require any additional information you can contact me at(978) 619-5685. Since y, Carey Duques Conservation Agent/Planner r CC: rKeVin Comacchio,Chairman Tom R. Pierre,Building Inspector TT`111I�.+1 u A ..l IIQC Vi a 'if .s { • } - Me � s ,�`-.tea .. •1' 1 -;,:- r' ,,p`.x .4 # x a.• ^aec j iYv �Y. - y r T r --�.... x�Ai°�.Yrn' � Yi $.,>�>b '�'�' .J�► yayc, i �j�lQ �g��[�;k y^r Y� .jam.- ^R Jn£l�'.i<' .I Aa+� #'�f• 4 I JM v i Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Salem April 30, 2007 Computer,use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor do not use the Mark and Sandra Connelly return key. Name of Violator Q 26 Hardy Street Address FA1. Location of Violation: Property Owner(if different) 26 Hardy Street Street Address Salem 01970 City/Town - Zip Code 41 0307 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity (if more space is required, please attach a separate sheet): Building of a wooden staircase extending from the property mentioned above into the rocky intertidal shore, land subject to tidal action, and land subject to coastal storm flowage. Posts connected to the staircase were driven into land under the ocean. All of the aforementioned work was completed without an Order of Conditions issued by the Conservation Commission. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name Dated wpalorm9a.doc•rev.7114/04 Page 1 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP File Number Condition number(s) B. Findings (cont.) ❑ Other (specify): C. Order The issuing authority hereby orders the following (check all that apply): ® The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ® Complete the attached Notice of Intent. The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before May 17 2007 Date No further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: Cease and desist from using the staircase until all necessary local and state approvals and permits have been obtained. Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: 'Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. wpaform9a.dx•rev.7113/04 Page 2 of 3 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection - Wetlands WPA Form 9A — Enforcement Order Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Carey Duques Name 978-619-5685 Phone Number M W 8 am -4pm Thursday 8-7pm and Friday 8-12pm Hours/Days Available Issued by: Salem Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signatures / I / r N5 3110 oroo gli{a 0592•, Signature of delivery person or certified mail number wpaforre9a.doc•rev.7/14/04 Page 3 of 3