64-524 - 14 HUBON STREET - CONSERVATION COMMISSION
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CITY OF SALEM
U
CONSERVATION COMMISSION
BC/ryINB�
March 25, 2013
Luke Fabbri
Colliam,LLC
14 Hubon Street
Salem, MA 01970
Re: Certificate of Compliance DEP #64-524—14 Hubon Street
Dear Mr. Fabbri:
Enclosed, please find the certificate of compliance for the above-referenced property.
This certificate must be recorded at the Southern Essex County Registry of Deeds, 45
Congress Street (Shetland Park) #4100 in Salem. Please fill out and return the Recording
Information on page 3 of the certificate, 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,
Tom Devhe '
Conservation Agent/Staff Planner
Enclosures
CC: DEP Northeast Regional Office
i
v
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 64-524
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 providedbyDEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer,use Colliam, LLC (Luke Fabbri)
only the tab key Name
to move your 14 Hubon Street
cursor-do not Matting Address
use the return
key. Salem MA 01970
Ciry/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Colliam LLC (Luke Fabbri)
Name
4/27/2012 64-524
Dated DEP File Number
3. The project site is located at:
14 Hubon Street Salem
Street Address Cityrrown
32 42
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 South 31428 219
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
3/14/2013
Date
wpafrm8b.doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-524
Massachusetts Wetlands Protection Act M.G.L. 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
Conservation Commission nce
This Certificate must be signed by a majority of the Consery n Commission d a
copy sent to the applicant and appropriate DEP Regional ice (See
http://www.mass.gov/dep/about/region/findyour.htm).
Signatures:
wpafrma0 doc•rev.12/23/09 WPA Form 8B,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 64-524
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:
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County
for:
Property Owner
and has been noted in the chain of title of the affected property on:
Date Book Page
If recorded land, the instrument number which identifies this transaction is:
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpalrm8odoo•rev.12/23/09 WPA Form 8B.Certificate of Compliance•Page 3 of 3
CITY OF SALEM
n
�aaAp��%1N6 CONSERVATION COMMISSION.
April 27, 2012
Luke Fabbri
Colliam LLC
14 Hubon Street
Salem, MA 01970
Re: Order of Conditions—DEP #64-524-14 Hubon Street
Dear Mr. Fabbri:
Enclosed, please find the Order of Conditions for the above referenced project.
Following the 10-day appeal period, this document and the attached Special Conditions
must be recorded at the Southern Essex County Registry of Deeds (Shetland Park 45
Congress Street, Suite 4100 Salem, Massachusetts). Once recorded, please return a copy
of Page 12 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 # 64-524 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 at 978-619-5685.
Sincerely,
Tom Devine
Conservation Agent/ Staff Planner
Enclosures
CC: DEP Northeast Regional Office
Attachment to Order of Conditions # 64-524
Page lof 4
SALEM CONSERVATION COMMISSION
DE P FILE #64-524
14 Hubon Street
City of Salem, Massachusetts
ADDITIONAL FINDINGS
Based on the Estimated Habitats of Rare Wildlife and Certified Vernal Pools Map (October 1,2008) firm Natural
Heritage & Endangered Species Program (NI-IESP) 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
efts Wetlands
etlands Protection Act, M.G.L. Chapter 131, Section 40 and the City
of Salem Wetlands Protection Ordinance, Salem Code Chapter 50.
This order permits installation of a gangway, float, and piles at the location listed above per plans referenced below.
The facility may be relocated laterallyalong the bank or reduced in length based b on Chapter 9l rec uir � s b p 1 e ncnC., but
may not be increased in length.
Y b
GENERAL CONDITIONS
I. This Order of Conditions must be recorded in its entirety (including all 5 pages of Special Conditions)
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 50.
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 on site, a DEP Sign showing DEP File #64-524 must be installed at the
entrance to the site and seen from the public way, but not placed on a living tree. 1
5. No work approved in this Order may commence until the ten (10)clay 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 powets
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 Older, the Wetlands Protection Act NIGL 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.
Attachment to Order of Conditions # 64-524
Page 2of 4
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. 2IA 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.
l3. 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
Colliam, LLC; 14 Hubon Street; Salem, MA; Site Plan to Accompany NOI
(Title)
3/8/2012
(Dated)
(Signed and Stamped by)
City of Salem Conservation Commission
(on file with)
PRIVATE PILE-SUPPORTED PIER AND FLOAT OVER FLOWED TIDELANDS (shees l
&2)
Attachment to Order of Conditions # 64-524
Page 3of 4
(Title)
3/8/2012
(Dated)
(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
must be a Pre-Construction Meeting on site between the project supervisor, the contractor responsible
for the work, and the Conservation Agent and/or a member of the Conservation Commission 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 Agent at
(978)619-5685 at least forty-eight(48) hours prior to construction 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 Agent 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.
DURING CONSTRUCTION
20. 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.
21. No alteration or activity shall occur beyond the limit of work as defined by the siltation barriers shown on
the approved plan(s).
-`- \ttichment to Order of Conditions # 64-524
Page 4of 4
22. 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.
23. 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.
24. There shall be no pumping of water from wetland resource areas.
25. All equipment shall be inspected regularly for leaks. Any leaking hydraulic lines,cylinders or any other
components shall be fixed immediately.
26. During construction, all drainage structures shall be inspected regularly and cleaned as necessary.
27. 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
28. 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;
29. 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.
30. 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.
,
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-524
WPA Form 5 - Order of Conditions MasSDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
City/TownA. General Information
Please note: Salem
this form has t. From:
been modified Conservation Commission
with added 2. This issuance is for
space to a. ®Order of Conditions b.❑ Amended Order of Conditions
accommodate (check one):
the Registry
of Deeds 3. To: Applicant:
Requirements
Luke Fabbri
Important: a. First Name b.Last Name
When filling Colliam, LLC
out forms c.Organization
on the 14 Hutton Street
computer,
use only the d. Mailing Address
tab key to Salem MA 01970
move your e.City/Town I.State Zi Code
cursor-do 9• P
not use the 4. Property Owner(if different from applicant):
return key.
a. First Name b.Last Name
c.Organization
renm
d. Mailing Address
e.City/Town I.State g.Zip Code
5. Project Location:
14 Hubon Street Salem
a.Street Address b.City/Town
32 42
c.Assessors Map/Plat Number d. Parcel/Lot Number
Latitude and Longitude, if known: 42d32m7.5s 70d53m17.7s
d. Latitude e. Longitude
wVWO mS.ticc• rev.05/19/2010
Page I of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-524
LA WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eD EP Transaction#
Salem
City/Town
A. General Information (cont.)
6. Property recorded at the Registry of Deeds for(attach additional information if more than
one parcel):
Southern Essex
a.County b.Certificate Number(if registered land)
29279 106
c. Book d. Page
7. Dates: 3/19/2012 4/12/2012 4/27/2012
a. Date Notice of Intent Filed b.Date Public Hearing closed c.Date of Issuance
a. Final Approved Plans and Other Documents (attach additional plan or document references
as needed):
See attached
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
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.
wpafcom5.doc• rev,0 511 9/2 01 0
Page 2 of 12
ElMassachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-524
WPA Form 5 - Order of Conditions MasSDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction b
Salem
City/Town
B. Findings (cont.)
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 p
p Bards 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).
3. ❑ Buffer Zone Impacts: Shortest distance between limit of project
disturbance and the wetland resource area specified in 310 CMR 10.02(1)(a) a.linearfeet
Inland Resource Area Impacts: Check all that apply below. (For Approvals Only) .
Resource Area Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
4. ❑ Bank a. linear feet b. linear feet c.linear feet d.linear feet
6. El Bordering
Vegetated Wetland a.square feet b.square feet c.square feet d.square feet
6. ❑ Land Under
Waterbodies and a.square feet b.square feet c.square feet d.square feet
Waterways
e.c/y dredged f.c/y dredged
7. ❑ Bordering Land
Subject to Flooding a.square feet b.square feet c.square feet d.square feet
Cubic Feet Flood Storage e.cubic feet f.cubic feet g.cubic feet h.cubic feet
6. El 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
g. ❑ Riverfront Area
rnr,i�„ rove b. total sq.feet
Sq ft within 100 ft
Sq it between 100-
d.square feet o rear f.square feet
200 it
h.square feet I.square feet
wpafOrmS,doe, rev.e6Rgwo
Page 3 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-524
\�\ WPA Form 5 - Order of Conditions MassDEP File k
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction ff
Salem
City/Town
B. Findings (cont.)
Coastal Resource Area Impacts: Check all that apply below. (For Approvals Only)
Proposed Permitted Proposed Permitted
Alteration Alteration Replacement Replacement
to. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
tt. ® Land Under the 4 4
Ocean a.square feet b.square feet
c.c/y dredged d.c/y dredged
12. ❑ Barrier Beaches Indicate size under Coastal Beaches and/or Coastal Dunes
below
13. ❑ Coastal Beaches Cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
14. ❑ Coastal Dunes cu yd cu yd
a.square feet b.square feet c.nourishment d.nourishment
15. ® Coastal Banks 3 3
a.linear feet b.linear feet
16. ❑ Rocky Intertidal
Shores a.square feet b.square feet
rr. ❑ Salt Marshes
a.square feet b.square feet c.square feet d.square feet
ta. ❑ Land Under Salt
Ponds a.square feet b.square feet
c.c/ydredged d.c/y dredged
ts. El Land Containing
Shellfish a.square feet b.square feet c.square feet d.square feet
zo. ❑ Fish Runs Indicate size under Coastal Banks, Inland Bank, Land Under
the Ocean, and/or inland Land Under Waterbodies and
Waterways, above
a.c/y dredged b.c/y dredged
zt. ❑ Land Subject to
Coastal Storm a.square feet b.square feet
Flowage
w0aform5.doe- rev.05/19/2010
Page 4 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-524
WPA Form 5 - Order of Conditions MassDEP File N
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction N
Salem
City/Town
B. Findings (cont.)
#22.If the 22 ❑ Restoration/Enhancement':
project is for
the purpose of
restoring or a.square feet of BVW
enhancing a q b.square feet of salt marsh
wetland
resource area 23. ❑ Stream Crossing(s):
in addition to
the square
footage that a.number of new stream crossings b.number of replacement stream crossings
has been entered in C. General Conditions Under Massachusetts Wetlands Protection Act
Section B.5.c
BBVW)or
.I7 c(Salt The following conditions are only applicable to Approved projects.
Marsh)above, 1. Failure to comply with all conditions stated herein, and with all related statutes and other
please enter
the additional regulatory measures, shall be deemed cause to revoke or modify this Order.
amount here. 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. If this Order constitutes an Amended Order of Conditions, this Amended Order of
Conditions does not extend the issuance date of the original Final Order of Conditions and
the Order will expire on 4/27/2015 unless extended in writing by the Department.
7. 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.
8. 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.
wpaform5.doc• rev.05r19/2010
Page 5 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-524
WPA Form 5 - Order of Conditions MassDEP File#
l
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction#
Salem
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
9. 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.
10. 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"for, "MassDEP"]
"File Number 64-524 11
11. 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.
12. Upon completion of the work described herein, the applicant shall submit a Request for
Certificate of Compliance (WPA Form 8A)to the Conservation Commission.
13. The work shall conform to the plans and special conditions referenced in this order.
14. Any change to the plans identified in Condition #13 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.
15. 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.
16. 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.
17. 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.
wpaf0rm5.dm- rev.05/19/2010
Page 6 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-524
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction !
Salem
City/Town
C. General Conditions Under Massachusetts Wetlands Protection Act (cont.)
18. 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 b pp Y this Is Order.
NOTICE OF STORMWATER CONTROL AND MAINTENANCE REQUIREMENTS
19. The work associated with this Order(the "Project") is(t)❑ 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.
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;
ili. 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.
wpaforme.doc• rev.0919/2010
Page 7 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-524
WPA Form 5 -.Order of Conditions MassDEP Pile
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
eDEP Transaction k
Salem
City/Town
C. General Conditions Under Massachusetts Wetlands Protectlon Act (cont.)
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.
wpaform5 doc• rev.05/192010
Page 8 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-524
WPA Form 5 - Order of Conditions MassDEP File N
\ Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEP Transaction N
Salem
CiVrown
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):
wpalorm5.doc• rev.OSM9/2010
Page 9 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-524
WPA Form 5 - Order of Conditions MassDEP File#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
e0EP Transaction N
Salem
Cityrown
D. Findings Under Municipal Wetlands Bylaw or Ordinance
1. Is a municipal wetlands bylaw or ordinance applicable? ® Yes ❑ No
2. The Salem 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.
b. ®that the following additional conditions are necessary to comply with a municipal
ordinance or bylaw:
Salem Wetlands Protection and Conservation Ordinance c. 50
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):
The attached conditions are issued under the Wetlands Protection Act and are sufficient for
compliance with the local ordinance.
wpaform5.doc• rev.05/192010
Page 10 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-524
WPA Form 5 — Order of Conditions MassDEP File N
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransactionq
Salem
City/Town
E. Signatures
This Order is valid for three years, unless otherwise specified as a spec!
condition pursuant to General Conditions p4,from the date of issuanc t.Date of Issuance
Please indicate the number of members who will sign this form.
This Order must be signed by a majority of the Con anon Co n. 2.Number of Signers
The Order must be mailed by certified mail (return r eipt req sted or he delivered to the applicant.A
copy also must be mailed or hand delivered at the sam ro He Department of
Environmental Pr egional Office, if not filing elect r ni al ,and th o arty o er, if nt
from applica
Signatur
❑ by hand delivery on by certified mail, return receipt
requested,on
'-(—3-7_ rZ
Date Date
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.
wpaform5.doc• rev.M1 M010 Page 11 of 12
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands 64-524
WPA Form 5 - Order of Conditions MassDEPFile#
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 eDEPTransaction#
Salem
CityRown
G. Recording Information
Prior to commencement of work, 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:
14 Hubon Street 64-524
Project Location MassDEP File Number
Has been recorded at the Registry of Deeds of:
Southern Essex
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
wrraform5.doc• rev.0&192010 Page 12 of 12
Griffin
Engineering
Group,LLC
March 6, 2013
Salem Conservation Commission
Salem City Hall Annex
120 Washington Street, 3rd Floor
Salem, MA 01970
Subject: Engineers Statement
Certification of Compliance - DEP.File #64-524
14 Hubon Street, Salem, MA
Dear Commission Members:
On behalf of the Applicant, Colliam, LLC, this letter requests that the Commission
grant a Certificate of Compliance for the subject Order of Conditions. Please
find enclosed seven copies of the As-Built Plan for Certificate of Compliance
(Drawing C-2) and Massachusetts Wetland Protection Act Form 8A
We have reviewed the subject Order of Conditions and inspected the site. An
As-Built Plan is enclosed showing the completed work. Based on the plan and
our post-construction inspection, we certify that the work has been completed in
substantial compliance with the approved plans.
Should you have any comments or questions regarding this request, please do
not hesitate to contact the undersigned.
Sincerely,
Griffin Engineering Group, LLC
Robert H. Griffin, P.E.
enclosures: As noted.
cc: L. Fabbri (1 copy)
Phone 97,8-927-5111 1 Fax 978-927-5103 www.griffineng.com
�2 �� �[7•]3 �• - Imo' � .
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8A — Request for Certificate of Compliance 64-524
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 Colliam, LLC (Luke Fabbri)
computer, use Name
only the tab
key to move 14 Hubon Street
your cursor- Mailing Address
do not use the Salem MA 01970
return key. City/Town State Zip Code
VV Phone Number
2. This request is in reference to work regulated by a final Order of Conditions issued to:
B0" Colliam, LLC (Luke Fabbri)
Applicant
4/27/2012 64-524
Dated DEP File Number
Upon completion
of the workproject 3. The site is located at:
authorized in 14 Hubon Street Salem
an Order of Street Address City/Town
Conditions,the Ma 32
property owner P Lot 42
must request a Assessors Map/Plat Number Parcel/Lot Number
Certificate of Compliance 4. The final Order of Conditions was recorded at the Registry ist of Deeds for:
from the issuing Same
authority stating Property Owner(if different)
that the work or portion of the Essex South 31428 219 work has been County Book Page
satisfactorily
completed. Certificate(if registered land)
5. This request is for certification that(check one):
® the work regulated by the above-referenced Order of Conditions has been satisfactorily completed.
❑ the following portions of the work regulated by the above-referenced Order of Conditions have
been satisfactorily completed (use additional paper if necessary).
❑ the above-referenced Order of Conditions has lapsed and is therefore no longer valid, and the
work regulated by it was never started.
wpaform8a.doc•rev.7113I04 Page t of 2
Massachusetts Department of Environmental Protection
DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 8A — Request for Certificate of Compliance 64-524
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).
naform8a.aoc•rev.7113104 Page 2 of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
DEP Regional Addresses
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Mail transmittal forms and DEP payments,payable to:
Commonwealth of Massachusetts
Department of Environmental Protection
Box 4062
Boston, MA 02211
DEP Western Region Adams Colrain Hampden Monroe Pittsfield Tynngham
436 Dwight Street Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Ware
Suite 402 Amherst Dal Hawley Montgomery Rowe Warwick
Springfield, MA 01103 Ashfield Deerfeld Heath Monson Russell Washington
Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Belcherown East Longmeadow Holland New Ashford Savoy Westfield
Fax:413-784-1149 Bernardston Egremont Holyoke New Marlborough Sheffield Westhampton
Blandford Erving Huntington New Salem Shelburne West Springfield
Brimfield Florida Lanesborough North Adams Shutesbury West Stockbridge
Buckland Gill Lee Northampton Southampton Wnately
Charlemont Goshen Lenox Northfield South Hadley Wibraham
Cheshire Granby Levereft 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 Charlton Hopkinton Millbury Rutland Uxbridge
627 Main Street Ashburnham Clinton Hubardston Millville Shirley Warren
Ashby Douglas Hudson New Braintree Shrewsbury Webster
Worcester,MA 01608 Athol Dudley Holliston Northborough Southborough Westborough
Phone:508-792-7650 Auburn Dunsteble Lancaster Northbridge Southbridge West Boylston
Fax: 508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leominster Oakham Sterling Westford
TDD: 508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
Berlin Grafton Lunenburg Paxton Sturbridge Wnchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxborough Hardwick Medway Phillipston Townsend
Boylston Holden Mendon Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury
20 Riverside Drive Acushnet Dennis Gay Head Middleborough Raynham Truro
Attleboro Dighton Gosnold Nantucket Rehoboth Wareham
Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Wellfieet
Phone: 508-946-2700 Barnstable Eastham Hanover North Attleborough Rockland West Bridgewater
Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport
Bourne Easton Harwich Norwell Scituate West Tisbury
TDD:508-946-2795 Brewster Edgartown Kingsmn Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marian Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plympton Taunton
DEP Northeast Region Amesbury Chelmsford Hingham Merrimac Quincy Wakefield
1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Boston,MA 02108 Ashland Concord Ipswich Millis Revere Watertown
Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland
Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley
Beverly Dover Lincoln Natick Salem Wenham
TDD:617-574-6868 Silence Dracut Lowell Needham Salisbury West Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherborn 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
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfield
wpaform8a.cold•DEP Addresses•rev.7113104 Page 1 of 1
yjjy��a� A .r
{ r B2S5,i"'a _ ,� f♦
YEA �� : ♦ � � w K
� A (
i { A
�F,. � t •' �u1♦ a �, � �
r �, Provided by MassDEP:
Massachusetts Department of Environmental Protection
�., 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 lam
City/Town
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 14 Hubon Street Salem 01970
cursor-do not a.Street Address b.Cityrrown c.Zip Code
use the return
key' Latitude and Longitude: 42 32' 7.5" 70 53' 17.7"
d.Latitude e.Longitude
32 42
f.Assessors Map/Plat Number g.Parcel/Lot Number
2. Applicant:
Luke Fabbri
a.First Name b. Last Name
Note: Colliam, LLC
Before c.Organization
completing this 14 Hubon Street
form consult
your local d.Street Address
Conservation Salem MA 01970
Commission e.Cityrrown f.State g.Zip Code
regarding any municipal bylaw 978 594-1376 lafabbri.gfs@hotmail.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
a.First Name b.Last Name
c.Organization
d.Street Address
e.Cityrrown f.State g.Zip Code
h.Phone Number i.Fax Number j. Email address
4. Representative (if any):
a. First Name b.Last Name
c.Company
d. Street Address
e.Cityrrown f.Slate g.Zip Code
h. Phone Number i.Fax Number j.Email address
5. Total WPA Fee Paid (from NO[ Wetland Fee Transmittal Form):
a.Total fee Paid b.State Fee Paid c.Cityrrown Fee Paid
wpaform3.doc•rev. 11/16/09 Page 1 of 8
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 SS l
Ciryrrown
A. General Information (continued)
6. General Project Description:
Installation of a gangway, float and piles
7a. Project Type Checklist:
1. ❑ Single Family Home 2. ❑ Residential Subdivision
3. ❑ Limited Project Driveway Crossing 4. ❑ Commercial/Industrial
5. 0 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:
Southern Essex
a.County b.Certificate#(if registered land)
29279 106
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.
Resource Area Size of Proposed Alteration Proposed Replacement(if any)
For all projects
affecting other a ❑ Bank 1.linear feet 2. linear feet
Resource Areas,
please attach a b. El Bordering Vegetated
narrative Wetland 1.square feel 2.square feet
explaining how
the resource ❑ 1.square f
area was c. feet 2.Land Under square feet
delineated. Waterbodies and
Waterways 3.cubic yards dredged
wpaform3.doc•rev. 11/16/09 Page 2 of 8
C.
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
Ll
Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 �I`�
City/Town
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 feel 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 a. ❑ Designated Port Areas Indicate size under Land Under the Ocean, below
number
(provided on your 4
receipt page) b. ® Land Under the Ocean 1.square feet
with all
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
wpaform3.doc•rev.11/16/09 Page 3 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
WPA FOIPm 3 — Notice of Intent♦ Document Transaction NumberLl
r
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 5s IcY .
City/Town
B. Buffer Zone & Resource Area Impacts (temporary & permanent) (cont'd)
Size of Proposed Alteration Proposed Replacement(if any)
3
f. ® Coastal Banks 1.linear feet
g. ❑ Rocky Intertidal
Shores 1.square feet
h.❑ Salt Marshes 1.square feet 2.sq ft restoration,rehab.,creation
i. ❑ Land Under Salt
Ponds 1.square feet
2.cubic yards dredged
j. ❑ 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 0
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 B.2.b or B.3.h above, please enter the additional
amount here.
a.square feet of BVW b.square feet of Salt 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 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
http://www.mass.gov/dfwele/dfw/nhesp/regulatory review/priority habitat/online viewer.htm.
a. ❑ Yes ® No If yes, include proof of mailing or hand delivery of NO[to:
Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
3/l/2012 Route 136, North Drive
b. Date of map Westborough, MA 01581
wpaform3.doc•rev. 11/16/09 Page 4 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
Bureau of Resource Protection - Wetlands MassDEP File Number
! WPA Form 3 - Notice of Intent
l�\ h Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Ss Iz...
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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, MESANWetlands 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
1. ❑ 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 &
bufferzone)
(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"Commonwealth of Massachusetts - NHESP" and mail to
NHESP at above address
Projects altering 10 or more acres of land, also submit.
(d)❑ Vegetation cover type map of site
(e)❑ 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
http://www.mass.gov/dfwele/dfw/nhesp/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.
wpaform3.doc•rev. 11/16/09 Page 5 of 8
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
city own
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 NO] 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-
Southeast Marine Fisheries Station North Shore Office
Attn: Environmental Reviewer Attn: Environmental Reviewer
1213 Purchase Street—3rd Floor 30 Emerson Avenue
New Bedford, MA 02740-6694 Gloucester, MA 01930
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 your 4. Is any portion of the proposed project within an area designated as an Outstanding Resource Water
receipt page) (ORW) as designated in the Massachusetts Surface Water Quality Standards, 314 CMR 4.00?
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
wpaform3.doc•rev. 11/16/09 Page 6 of 8
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 s�I/ 's%
cityrrown
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. ® 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. 21 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.),
and attach documentation of the methodology.
4. ® List the titles and dates for all plans and other materials submitted with this NOI.
Colliam LLC, 14 Hubon Street
a.Plan Title
Griffin Engineering Group
b.Prepared By c.Signed and Stamped by
3/8/2012
d.Final Revision Date e.Scale
Proposed Private Pile-Supported Pier and Float over Flowed Tidelands 3/8/2012
f.Additional Plan or Document Title g.Date
6. ❑ 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.
8. ® Attach NOI Wetland Fee Transmittal Form
9. ❑ Attach Stormwater Report, if needed.
wpaform3.doc•rev. 11/16/09 Page 7 of 8
Massachusetts Department of Environmental Protection Provided by MassDEP:
;.. Bureau of Resource Protection - Wetlands MassDEP File Number
WPA Form 3 - Notice of Intent
t Document Transaction Number
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
S4IC +v�
Cityrrown
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:
/ 6i 3O/iZ
2.Municipal Che Number 3.Check date
4.State Check Number 5.Check dafte
..:i//I q...,, —�—�
6.Payor name on eck: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 locati n.
��,' A 3Al
.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.
wpaform3.doc•rev. 11/16/09 Page 8 of 8
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:When A. Applicant Information
filling out forms
on the computer, 1. Location of Project:
use only the tab
key to move your 14 Hubon Street Salem
cursor-do not a.Street Address b.City/Town
use the return ].
key. d 6
c.Check number d.Fee amount
2. Applicant Mailing Address:
r
Luke t b.Las
rensn a.First Name b.Last Name
Colliam, LLC
c.Organization
14 Hubon street
d. Mailing Address
Salem MA 01970
e.City/Town f.State g.Zip Code
978 594-1376 lafabbri.gfs@hotmail.com
h.Phone Number i.Fax Number j.Email Address
3. Property Owner(if different):
a.First Name b.Last Name
c.Organization
d.Mailing Address
e.City/Town I.State g.Zip Code
h.Phone Number i.Fax Number j.Email Address
To calculate B. Fees
filing fees,refer
to the cans y Fee should be calculated using the following process &worksheet. Please see Instructions before
fee list and 9 9
examples in the filling out worksheet.
instructions for
filling out WPA Step 1/Type of Activity: Describe each type of activity that will occur in wetland resource area and buffer zone.
Form 3(Notice of
Intent). 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 6/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.
mfeeKdoc•Wetland Fee Transmittal Fom•rev.10/17/11 Page 1 of 2
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
B. Fees (continued)
Step 1/Type of Activity Step 2/Number Step Step 4/Subtotal Activity
of Activities Windividual Fee
Activity Fee
42.5 pier and float 1 170 170
Step 5/Total Project Fee: 170
Step 6/Fee Payments:
Total Project Fee: a.T
a.Total Fee from Step 5
State share of filing Fee: 72.50
b. 1/2 Total Fee less$12.50
City/Town share of filling Fee: 97.50
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.
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.)
noifeetf.doc•Wefland Fee Transmittal Forth•rev.10/17/11 Page 2 of 2
Notice of Intent
Narrative of Project
Colliam, LLC.
14 Hubon Street,Salem
The proposed project consists of the construction of a pile-supported pier and float
over flowed tidelands for private use. The applicant has a mooring in the North
River and would like to facilitate access to the mooring with a tender. The proposed
structure will include a 3-foot by 25-foot aluminum gangway, a "T"=shaped float
that is 6-feet wide and 20-feet long with two 3-foot by 6-foot ears, and four piles.
Two piles maybe eliminated if float legs are acceptable to the Commission to
provide separation from the tide flats at low tide. The total area of the gangway
(75ft2) and the float (156 W) is 231 ftz. The gangway will be attached to the lip on
the existing seawall/foundation of the building and accessed via the inside of the
building. The pier/float has been located closer to one sideline than the other to
provide the most room possible between the two existing and abutting piers and
floats. The float is "T"-shaped to allow for tender to be kept on the dock when not in
use. A pile supported float stop cross will be installed to keep the bottom of the float
a minimum of two-feet off the bottom at low tide.
The proposed structure is shown on the attached plans. Colliam, LLC- 14 Hubon
Street, prepared by Griffin Engineering Group and date March 8, 2012, "Private Pile
Supported Pier and Float Over Flowed Tidelands" March 8, 2012 for Chapter 91
License,and on a GoogleEarth image.
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