64-267 - 106 LEACH STREET - CONSERVATION COMMISSION IUI �,�0.ECYL¢OOOm
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UPC 10330
No. 153L �$Posr.coes°�
HA$TINGS, MN
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310 CMR 10 .9.
9 DEP Fite No. 64-267
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,�- (To be provided by DEP)
Form e
�.` CiWTown c^'am
Stephen Ingemi
Applicant
Ccx=onwealth
of Massachusetts
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L.. c_ 131, 54.0
Salem Conservation Commission - Issuing Authority
From
;2, Salem, MA
To Stephen Ingemi, Jr. (Address)
(Name)
Date of Issuance Februar 12
This Certificate is issued for work regulated by an Order of Conditions issued
to Stephen Ingemi, Jr.
dated July 24, 1997
and issued by the Salem Conservation Commiss'o
1• ] - - - It is hereby certified that the work regulated by the above-
referenced Order of Conditions has been satisfactorily completed.
2. ❑
It is hereby certified that only the following portionst of* the work
regulated by the above-referenced Order of Conditions have been
satisfactorily completed: (if the Certificate onscarelinclud'doe.) not
include the entire project, specify
what3. ❑
It is hereby certified that the work regulated by the above;-�`
referenced Order of Conditions was never commenced. T1xt�"order of
Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without
filing a new Notice of Intent and receiving a new Order of
Conditions.
• • • " " " ' • • • • . . • • . . . • . • • . • • • •(Leave Space Blank)
Effective 11/10/89 8-1
$ � S
r�K 1426 1 PG 1
a e
4 . The certificate shall be recorded in the Registry of Deeds or the
Land Court for the district in which the land is located. The Order
was originally recorded on (date) at the
Registry of Book Page
S . ®. The following conditions of the Order shall continue: (Set forth any
conditions contained in the Final Order, such as maintenance or
monitoring, which are to continue for a longer period. )
Issued by Sal Cons �onCoion
Signature(s) �n —
� AA, v
Ir
When issue by the Cons
erva 4ommission this Certificate must be signed by
a. majority of is members.
On this 12th day of�F brua 1998 before me
personally ppeared the above mentioned to me known to be .the
persbn.,described in and who executed the foregoing instrument and acknowledged
'that he/she executed the sa as his/her free act and deed.
STEPH&DIBBLE
My Commission FxpiRs Nov.12,ZOOq
Nota But: ic. My commission expires
Commission
Detach on dotted line and submit to the
............................................................................................................
To issuing Authority
Please be advised that the Certificate of Compliance for the project at:
File Number has been recorded at the Registry of
and has been noted in the chain of title of the affected property on 19
If recorded land the instrument number which identifies this transaction is
If registered land the document number which identifies this transaction is
Signature Applicant
6-2
47 LINDEN STREET
P.O.BOX 8017
SALEM,MA 01970
North Shore Survey TEL: (sob)744-4800
Corporation TEL: (508)281-8664
FAX: (508)744-9188
REGISTERED PROFESSIONAL LAND SURVEYORS
January 26, 1998
Salem Conservation Commission,
The deck, pier and seawall at 106-108 Leach Street, Salem, property of Stephen A.
Ingeerni we_re/built according to the plan dated May 31, 1997.
Gail Smith ,^�0`0 cnIL
Registered Professional Land Surveyor ; 4 snTHX
=1c w1M
Nc.35043
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310 CMR 10. 99 - DEP File No.
64-267
(To be provided by DEP)
Form 5
City/Town Salem
Applicant Stephen Ingemi
Coamronwealth '
of Massachusetts
Order of Conditions
Massachuetts Wetlands Protection Act
G.L. c. 131, §40
From Salem Conservation Commission Issuing Authority
To Stephe^ Ingemi, JR Camc
(Name of Applicant) (Name of property owner)
Address 106 Leach Street #2 Address
tThis Order is issueu and delivered as follows:
t)SI by hand delivery to applicant or representative on Tilly 75 1997 (date)
❑ by certified mail, return receipt requested on (date).
This project is located at 106 Leach Street, Salem MA
The property is recorded at the Registry of F.s sex
Book 12522 page 598
Certificate (if registered)
The Notice of Intent for this project was filed on June 26, 1997 (date)
The public hearing was closed on Tt,10 24, 14g7 (date)
Findings
The Commission has reviewed the above-referenced Notice of Intent and plans and has
held a public hearing on the project. Based on the information available to the Commission at this
time, the Commission has determined that the area on which the proposed-work is to be done is
significant to the following interests in accordance with the Presumptions of Significance set forth in the
regulations for each Area Subject to Protection Under the Act (check as appropriate):
Public water supply Flood Control Lard containing shellfish
Private water supply Storm damage prevention Fisheries
. Ground water supply Prevention of pollution Protection of wildlife Habitat
Total Filing Fee Submitted 50.00 State Share 12.50
(1/2 fee in excess of $25)
37.50
City/Town Share
Total Refund Due S City/Town Portion s State Portions
(1/2 total) (1/2 total)
Effective 11/10/89 5-1
r
Therefore, the Commission hereby finds that the following conditions
are necessary, in accordance with the Performance Standards set forth in the
regulations, :c protect those interests checked above. The Commission
orders that all work shall be performed in accordance with said conditions and
with the Notice of Intent referenced above. To the extent that the following
conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent, the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke
or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges;
it does not authorize any injury to private property or invasion of
private rights.
3. This Order does not relieve the permittee or any other person of the
necessity of complying with all other applicable federal, state or local
statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from
the date of this Order unless either of the following apply:
(a) the work is a maintenance dredging project as provided for in the
Act; or
(b) the time for completion has been extended to a specified date more
than three years, but less than five years, from the date of issuance
and both that date and the special circumstances warranting the
extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more
periods of up to three years each upon application to the issuing
authority at least 30 days prior to the expiration date of the Order.
6. Any Yill used in connection with this project shall bt clean fill,
containing 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. No work shall be undertaken until all administrative appeal periods from
this order have elapsed or, if such an appeal has been filed, until all
proceedings before the Department have been completed.
8. No work shall be undertaken until the Final order has been recorded
in the Registry of Deeds or the Land Court for the district in which
the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also
be noted in the Registry's Grantor Index under the name of the owner
of the land upon which the proposed work is to be done. In the case
of registered land, the Final order shall also be noted on the Land
Court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording informatin shall be
submitted to the Commission on the form at the end of this Order
prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or
more than three square feet in size bearing the words,
"Massachusetts Department of Environmental Protection,
File Number 64-267
10. Where the Department of Environmental Protection is requested to make a
determination and to issue a Superseding Order, the Conservation
Commission shall be a party to all agency proceedings and hearings before
the Department .
5-2
11. Upon completion of the work described herein, the applicant shall
forthwith request in writing that a Certificate of Compliance be issued
stating th-t* the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions :
Plans:
Title Dated Signed and Stamped by: On File with:
Existing Seawal
and Pses 5/31/97 Stephen A. Ineemi salaro Conservation r mmissi
Special Conditions (Use additional paper if necessary)
I. No spill or discharge of petroleum products or other pollutants will occur
within 100 feet of any wetland resource area shall be an ongoing condition
that does not expire upon completion of the project or issuance of a Certificate
of Compliance.
2. Chapter 91 license required.
3. Issuance of Salem Building Permit and Certificate of Occupancy required.
(Leave Space Blank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5-3A
l
I.
Issued By Salem Conservation Commission
SionAvarefs` C
FEE
T Order must :oe signed by a majority of the Conservation Commission.
On this 24th day. of July 19 a7 before me
personally appeared--T above mentioned to me known to be the
person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as his/her free act and deed.
Qx'e� /
ad Y
NNrtary Public My commission expires
The applicant, the owner, any person agrrieved by this Order, any owner of land abutting the land upon which
the proposed work is to be done, or any ten residents of the city or town in which such land is located, are
hereby notified of their right to request the Department of Environmental Protection to issue a Superseding
Order, providing the request is made by certified mail or hand delivery to the Department, with the
appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the
date of issuance of this determination. A copy of the request shall at the same time be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
Detach on dotted lire and submit to the prior to commencement of work.
............................................................................................................
To Issuing Authority
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
,19
If recorded lend, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature Applicant
s-4A
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLn'AN BOSTON-NORTHEAST REGIONAL OFFICE
�+
ARGEO PAUL CELLUCCI aLI�TRUD�� � ' Y COXE
Governor , Secrets
i
�aa DAVID B. STRUHS
NOV`f 1 ��hfj ;i r"' S Commissioner.
Mr. Stephen A. Ingemi, Jr. 1 �F� §I
106 Leach Street
Salem, MA 01970
Re : Waterways Application No. W97-8694/License No. 5839
Palmer' s Cove, Salem, Essex County
Dear Mr. Ingemi :
The Department of Environmental Protection has approved the
enclosed referenced license authorizing you to perform certain
activities pursuant to G.L. Chapter 91 and regulations 310 CMR
9 . 00 .
Any unauthorized substantial change in use or substantial
structural alteration of any structure or fill authorized by this
license shall render it void.
Furthermore, this license must be recorded at the referenced
Registry of Deeds within 60 days from date of issuance . Work or
change in use authorized by this license shall not commence until
said license and plans are recorded and the Department has received
written notification of the date, book and page number of record.
Please complete and return the enclosed Notification Form to this
office . You are also required to notify the Department in writing
of the date the authorized work or change in use is completed.
i cerely,
ames A. r ague
Section Chief
Division of Wetlands and Waterways
JAS/jep
cc : DEP/Waterways Regulation .Program, Boston
William Whooley, Harbormaster
Salem Conservation Commission
A
10 Commerce Way • Woburn,Massachusetts 01801 0 FAX (617) 932-7615 • Telephone (617) 932-7600 • TDD#(617)932-7679
James A. Sprague, Section Chief
Division of Wetlands and Waterways
Department of Environmental Protection
10 Commerce Street
Woburn, MA 01801
RE: Waterways Application No. W97-8694/License No. 6839
Palmer' s Cove, Salem, Essex County
Dear Mr. Sprague :
This is to notify you that the referenced license was
recorded on book number page number (s)
Sincerely,
JAS/
LICENSE VOID
IF NOT RECORDED
WITHIN 60 DAYS
OF ISSUANCE
' 1
No.
6839
1jPYEFtS, Stephen A. Ingemi
of -- Salem -- , in the County of -- Essex -- and Commonwealth aforesaid,
has applied to the Department of Environmental Protection for license to
-- maintain an existing seawall with associated backfill, platform and
construct and maintain a pier ------------------------------------------
and has submitted plans of the same; and whereas due notice of said
application, and of 44e t-=-- aMdPlaee €4!aEed ,€ei- a lea}ing bhei-g n has
been given, as required by law, to the -- Mayor and City Council -- of
the -- City -- of Salem; --------------------------------------------- --
NOW, said Department, having heard all parties desiring to be heard, and
having fully considered said application, hereby authorizes and licenses
the said
-- Stephen A. Ingemi -- , subject to the provisions of the ninety-first
chapter of the General Laws, and of all laws which are or may be in
force applicable thereto, to -- maintain an existing seawall with
associated backfill, platform and construct and maintain a pier ------- -
in and over the waters of -- Palmer' s Cove -- in the -- City
-- of - - Salem -- and in accordance with the locations shown and details
indicated on the accompanying sketch plan No. 6839, (1 sheet) .
PRINTED ON RECYCLED PAPER
License No. 6839 Page 2
The structures hereby authorized shall be limited to the following
use (s) : to provide non-commercial docking and boating access to
navigable waters and shoreline stabilization for the protection of
existing structures .
This license shall expire ten (10) years from the date of issuance . By
written request of the Licensee for an amendment, the Department may
grant a renewal for the term of years not to exceed that authorized in
the original license .
In accordance with any license condition, easement, or other public
right of lateral passage that exists in the area of the subject property
lying between the high and low water marks, the Licensee shall allow the
public in the exercise of such rights to pass freely around all
structures within such intertidal area.
Accordingly, the Licensee shall place and maintain, in good repair, a
public access sign at each property line adjacent to the mean high water
shoreline . Said signs, provided by the Department, shall be posted
immediately upon receipt . Nothing in this condition shall be construed
as preventing the Licensee from excluding the public from portions of
said structure (s) or property not intended for lateral passage .
The project authorized herein has been completed in conformance with the
accompanying License Plan. The issuance of this License, therefore,
fulfills the Licensee' s obligation to obtain a Certificate of Compliance
pursuant to 310 CMR 9 . 19 .
Please see page 3 for additional conditions to this license . ----------
------- --- -
Duplicate of said p_an, number 6839 is on file in the office of said
Department, and original of said plan accompanies this License, and is
to be referred to as a part hereof .
License No. 6839 Page 3
STANDARD WATERWAYS LICENSE CONDITIONS
1. Acceptance of this Waterways License shall constitute an agreement by the Licensee
to conform with all terms and conditions stated herein.
2. This License is granted upon the express condition that any and all other applicable
authorizations necessitated due to the provisions hereof shall be secured by the Licensee
Prior to the commencement of any activity or use authorized pursuant to this License.
3 . Any change in use or any substantial structural alteration of any structure or fill
authorized herein shall require the issuance by the Department of a new Waterways License
in accordance with the provisions and procedures established in Chapter 91 of the
Massachusetts General Laws. Any unauthorized substantial change in use or unauthorized
substantial structural alteration of any structure or fill authorized herein shall render
this Waterways License void.
4. This Waterways License shall be revocable by the Department for noncompliance with
the terms and conditions set forth herein. This license may be revoked after the
Department has given written notice of the alleged noncompliance to the Licensee and
those persons who have filed a written request for such notice with the Department and
afforded them a reasonable opportunity to correct said noncompliance. Failure to correct
said noncompliance after the issuance of a written notice by the Department shall render
this Waterways License void and the Commonwealth may proceed'to remove or cause removal
of any structure or fill authorized herein at the expense of the Licensee, its successors
and assigns as an unauthorized and unlawful structure and/or fill.
S. The structures and/or fill authorized herein shall be maintained in good repair and
in accordance with the terms and conditions stated herein and the details indicated on
the accompanying license plans.
6. Nothing in this Waterways License shall be construed as authorizing encroachment in,
on or. over property not owned or controlled by the Licensee, except with the written
consent of the owner or owners thereof.
7. This Waterways License is granted subject to all applicable Federal, State, County,
and Municipal laws, ordinances and regulations including but not limited to a valid final
Order of Conditions issued pursuant to the Wetlands Protection Act, G.L. Chapter 131,
s.40.
S. This Waterways License is granted upon the express condition that the use of the
structures and/or fill authorized hereby shall be in strict conformance with all
applicable requirements and authorizations of the DEP, Division of Water Pollution
Control.
9. This License authorizes structure(s) and/or fill on:
X Private Tidelands. In accordance with the public easement that exists by law
on private tidelands, the licensee shall allow the public to use and to pass
freely upon the area of the subject property lying between the high and low
water marks, for the purposes of fishing, fowling, navigation, and the natural
derivatives thereof.
Commonwealth Tidelands. The Licensee shall not restrict the public's right
to use and to pass freely, for any lawful purpos , upcn lands lying seaward
of the low water mark. Said lands are held in trust by the Commonwealth for
the benefit of the public.
_ a Great Pond of the Commonwealth. The Licensee shall not restrict the
public's right to use and to pass freely upon lands lying seaward of the high
water mark for any lawful purpose.
No restriction ont=.e exercise of these public rights shall be imposed unless
otherwise expressly provided in this license.
10. Unless otherwise expressly provided by this license, the licensee shall not limit the
hours of availability cf any areas of the subject property designated for public passage,
nor place any gates, fences, or other structures on such areas in a manner that would
impede or discourage tie free flow of pedestrian movement thereon.
License No . 6839 Page 4
been ascertained by said Department, and com a eo has been
made by the said -- aying into the treasury of the
Commonweal - _ o ars and zero cents ($0 . 00) -- for each cubic
.
Nothing in this License shall be so construed as to impair the legal
rights of any person. This License shall be void unless the same and
the accompanying plan are recorded within 60 days from the date hereof,
in the Registry of Deeds for the County of -- Essex -------
IN WITNESS WHEREAS, said Department of Environmental Protection have
hereunto set their hands this twelfth day of November
in the year nineteen hundred and ninety-seven.
Department of
Section Chief Environmental
Protection
GTHE COMMONWEALTH OF MASSACHUSETTS
treasury of the Commonwealth by the said -- -
the further sum of -- zero dollars and zero cents ($0 . 0 -------------
the amount determ_ned by the Governor as a ' st and equitable charge
for rights and privileges hereby nted in the land of the
Commonwealth.
BOSTON,
Approved by t cvernor.
t
GULF OF MAINE RESEARCH CENTER INC.
' ENVIRONMENTAL CONSULTING SERVICES
December 29, 1997 204 LAFAYETTE STREET
SALEM, MA 01970
' (508) 745-6618
Salem Conservation Commission FAX(508) 741-8648
One Salem Green
' Salem, MA 01970
RE: Request for Certificate of Compliance
106 Leach Street Seawall Repair
' DEP File#64-267
' Dear Commission Members:
This letter is to request that the Salem Conservation Commission issue a Certificate of
Compliance stating that the work for the above referenced project has been satisfactorily completed.
This request is being submitted, in writing, as required under Condition#11 of the Order of Conditions
issued for the project. Please find the following information attached:
' Attachment 1 Letter to DEP verifying that a Chapter 91 License was issued(License No. 6839)
and recorded at the Registry of Deeds. This letter satisfies Special Condition#1
of the Order of Conditions, which required a Chapter 91 License be obtained.
' Attachment 2 Copy of the Salem Building Permit. As required under Special Condition#2 of
the Order of Conditions, a Building Permit was issued. Mr. Ingemi was informed
by the city building inspector that a Certificate of Occupancy is not required for
' this structure and therefore will not be issued.
Attachment 3 Information form indicating that the Final Order of Conditions for the project has
' been recorded at the Registry of Deeds, as required under General Condition#8 of
the Order of Conditions.
' Attachment 4 Copy of the Army Corps of Engineers Permit issued for the project.
Attachment 5 Copy of letter from MA Historical Commission indicating no impacts to
significant historic or archaeological sites (consultation with MA historical was
required for the Corps of Engineers Permit).
' It is Gulf of Maine Research Center's opinion that the project has been completed as conditioned
under the Order of Conditions issued by the Salem Conservation Commission. If you have any
questions regarding this matter or require further information,please contact either me or my associate,
Joseph Orzel, at the letterhead address or phone number.
Sincerely,
t �
' Hugh F. ulligan,Ph.D.
Director
cc: Mr. Steve Ingemi
attachments
' GULF OF MAINE RESEARCH CENTER INC.
1
ATTACHMENT 1
11
1
1
James A. Sprague, Section Chief
' Division of Wetlands and Waterways
Department of Environmental Protection
10 Commerce Street
' Woburn, MA 01801
RE: Waterways Application No. W97-8694/License No. 6839
Palmer' s Cove, Salem, Essex County
Dear Mr. Sprague :
' This is t� �otify you that the referenced license was
reco ded n // book number, page number(s)
Sincerely,
' JAS/
' LICENSE VOID
' IF NOT RECORDED
WITHIN 60 DAYS
OF ISSUANCE
1
' GULF OF MAINE RESEARCH CENTER INC.
t
' ATTACHMENT
1
1
JOB SITE COPY
CONDITA CITY OF SALEM BUILDING
' fI SALEM, MASSACHUSETTS 01970 P E R 'T ``
DATE PERMIT NO.
JULY 31 97 418-199"7
19
' STEPHEN IIVGEMI rSCR—STREET #2
APPLICANT ADDRESS
(NO.) (STREET) (C NfR5 LICENSE)
CITY SALEM STATE MRZIPCODE 01970 TEL.NO. 50EA-744-1888
' OTHER TWO OR MORE FAMILY NUMBEROF 3
PERMIT TO ( ) STORY DWELLING UNITS
(TYPE OF IMPROVEMENT) NO. (PROPOSED USE)
AT 01106 LEACH STREET ZONING
' DISTRICT
(N0.) (STREET)
BETWEEN AND
(CROSS STREET) (CROSS STREET)
FT
SUBDIVISION MAP -5" LOT 0`i4'IBLOCK LOT SIZE
01�0670�I SG!
BUILDING IS TO BE FT.WIDE BY_FT.LONG BY-FT.IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
' TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
(TYPE)
REMARKS' DE:::CK. & DOCK UNATTACHED TO DWELLING. PER PHOTOS/DRAWINGE3 SUBMITTED„ L.
' LUME ESTIMATED COST " Q0�1 FEEMIT$ 2QI, 00
VOLE
(CUBICISOUARE FEET)
' OWNER lIVGE=Ml STEPHENI R
BUILDING DEPT.
ADDRESS
106 LEACH ST RF'T 2 BY L. E. 'T
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET,ALLEY OR SIDEWALK OR ANY PART THEREOF,EITHER TEMPORARILY OR PERMANENTLY,ENCROACHMENTS
ON PUBLIC PROPERTY,NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE,MUST BE APPROVED BY THE JURISDICTION,STREET OR ALLEY GRADES AS WELL
AS DEPTH AND LOCATION OF PUBLIC SEWERS MAYBE OBTAINED FROM THE DEPARTMENT OF PUBLIC WORKS.THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE
APPLICANT FROM THE CONDITIONS OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
MINIMUM OF THREE CALL INSPECTIONS APPROVED PLANS MUST BE RETAINED ON JOB AND THIS CARD KEPT WHERE APPLICABLE SEPARATE
' REQUIRED FOR ALL CONSTRUCTION WORK: PERMITS ARE REQUIRED FOR
I.FOUNDATIONS OR FOOTINGS. POSTED UNTIL FINAL INSPECTION HAS BEEN MADE.-WHERE A ELECTRICAL,PLUMBING AND
2.PRIOR TO COVERING STRUCTURAL CERTIFICATE OF OCCUPANCY IS REQUIRED,SUCH BUILDING SHALL MECHANICAL INSTALLATIONS.
MEMBERS(READY TO LATH). NOT BE OCCUPIED UNTIL FINAL INSPECTION HAS BEEN MADE.
3.FINAL INSPECTION BEFORE OCCUPANCY.
' POST THIS CARD SO IT IS VISIBLE FROM STREET
BUILDING INSPECTION APPROVALS -.::•.PLUMBING INSPECTION APPROVALS" "'""" LECTRICAL INSPECTION APPROVALS
t upon compietlon Of worse Pk.as.. -all
745-9595 Ext. 385
' 2 / 2 2
' BO09VF HEALTH I GAS INSPECTION APPROVALS FIRE DEPT.INSPECTING APPROVALS
1 1
' OTHER CITY ENGINEER 2 2
' WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION WORK IS INSPECTIONS INDICATED ON THIS CARD
INSPECTOR HASAPPROVED THE VARIOUS NOT STARTED WITHIN SIX MONTHS OF DATE THE PERMIT IS ISSUED CAN BE ARRANGED FOR BY TELEPHONE
tSTAGES OF CONSTRUCTION. AS NOTED ABOVE. OR WRITTEN NOTIFICATION.
' GULF OF MAINE RESEARCH CENTER INC.
ATTACHMENT
t
Detach on dotted line and submit to the priorlo commencement of work.
...................._./.........................................................................................
To ca SP!'i�Qk t f xlr' -r 0!k� Issuing Authority
ptease be ndvisnd th:-t the Order of Conditions for the project at
' File Number has been recorded at the Registry of NVr a ez C and
has been noted in the chain of title of the affected property in accordance with Generat Condition 8 on
' 795 - 113
if recorded land, the instrument number which identifies this transaction is
If registered land, the document nunber which identifies this transaction is
' Signature Appticanr
' 5-4A
1
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' GULF OF MAINE RESEARCH CENTER INC.
1
' ATTACHMENT 4
1
1
1
I ,
1
1
t
1
' DEPARTMENT OF THE ARMY
NEW ENGLAND DISTRICT,CORPS OF ENGINEERS
424 TAAPELO ROAD
WALTHAM. MASSACHUSHUSETTS 02254-9149
ntnr TO September 9, 1997
' •TTfNT10N OF
Regulatory Branch
CENAE-CO-R-199701548
' Mr. Stephen Ingemi
106-108 Leach Street
' Salem, Massachusetts 01970
Dear Mr. Ingemi:
' This is to inform you that we have reviewed the application submitted by
your agent, Gulf of Maine Research Center Inc., to retain and repair the
existing seawall and to retain the existing pier 6' long by 15' wide that extends
' out into the Waterway approx. 6' beyond the mean high water line in Salem,
Massachusetts. This work is described on your enclosed plans entitled "Plan
accompanying petition of Stephen A. Ingemi 106-108 Leach St. Salem, MA', on
' 2 sheets with sheet # 1 dated 5/31/97 and sheet # 2 dated 8/6/97.
Based on the information you have provided, we have determined that this
' pier and the repair of the seawall will have only minimal individual or
cumulative environmental impacts. These activities are therefore authorized
by the Federal permit known as the Massachusetts Programmatic General
' Permit (PGP). You must maintain these structures in compliance with all the
terms and conditions of the PGP (copy enclosed). Please review it carefully to
familiarize yourself with its contents. [Note: According to the information you
' provided the seawall itself has been in place since at least the 1940's. Since
the seawall does not interfere with navigation the seawall itself is therefore
authorized by the nationwide permit for work in place since prior to December
' 18, 1968 (33 CFR Part 330.3 (b)).
Please note that this approval does not obviate the need to obtain other
t required State or local permits. Also, performing work not specifically
authorized by this general permit or failing to comply with the general permit
conditions may subject you to the enforcement provisions of our regulations.
' If you have any questions, please contact Brian Valiton, Regulatory
Project Manager, at (617) 647-8166 or toll-free at (800) 362-4367 if calling from
' within Massachusetts.
Sincerely,
Zen Kirk Adams
Chief, Permits & Enforcement Section
Regulatory Branch
III 1 Enclosures
Copies Furnished:
' DEP Northeast Regional Office
10 Commerce Way
' Woburn, Massachusetts 01801
Mr. Joseph Orzel
' Gulf of Maine Research Center, Inc.
204 Lafayette Street
Salem, Massachusetts 01970
1
1
1
t
1
' Massachusetts Dept. .lent of Environmental Protection
Bureau of Resource Protection—Waterways
BRP WW 06 Waterways Simplified License
General Waterways Application
LICENSE NO.
Approved By Department Of Environmental Protection
Date
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Purpose:Simplified Licensing Plan acccompanying petition of: Project description: C X ISTI N 6
' Datum MLO =o•o STEPHE7IJ A• IubEHI
SEAIJALL t PIEP.
Adjacent Property Owners: In Shc e.rv, 1-1a r foor
CHAHLES � kATVJ11 o'CouueLt to�-to& LE1� Sr At SALE:M
' JEAIJe LI►JD4 13o()DREAU SALEM Mom., _ county of ESSEX State MA
p ' Applicationey5+ten en
3 Sheet, of :Z Date 5
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Massachusetts Dep, vent of Environmental Protection
1 Bureau of Resource Protection—Waterways
BRP WW 06 Waterways Simplified License
1 General Waterways Application
1 LICENSE NO.
a Approved By Department Of Environmental Protection
1 � Date
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SEA WA/L 6 Alm_
Datum MLtJ= o.o STEPHEJJ A. fAt6f71/1 in SALEM NAREio�Adjacent Property Owners: /06-/08 LEACH �T
CHARES t` CATHY 6C,01JNELL At -5A LEM
r SEA ,U,UDA AOr1DR71(/ �ALEM MA
County o1 C-46n State,ram_
1 IJ E
z Application By S-lcnhrn�=
a Sheet2_of Z Date i6 4
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' GULF OF MAINE RESEARCH CENTER INC.
1
1
' ATTACHMENTS
1
1
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' The Commonwealth`of Massachusetts
' William Francis Galvin,Secretary of the Commonwealth
\9assachusetts Historical Commission
' September25,1997
Mr.Joseph H. Orzel
Gulf of Maine Research Center Inc.
' 204 Lafayette Street
Salem,MA 01970
RE: Gulf of Maine Research Center seawall replacement, Salem Harbor MHC#19826
Dear Mr.Orzel:
' Thank you for supplying the Massachusetts Historical Commission with information concerning
the proposed project listed above. Staff of the MHC have reviewed the materials you submitted.
After review of MHC's files and the information you submitted, it has been determined that this
project is unlikely to affect significant historic or archaeological resources. No further review is
' required in compliance with Section 106 of the National Historic Preservation Act (36 CFR 800)
and Massachusetts General Laws, Chapter 9, Section 26-27C, as amended by Chapter 254 of the
Acts of 1988(950 CMR 71)..
' If you have any questions,please feel free to call me.
' Sincerely,
1 Brona Simon
State Archaeologist
' Deputy State Historic Preservation Officer
Massachusetts Historical Commission
'I
1
220 Morrissey Boulevard,Boston,Massachusetts 02125 (617) 727-8470
' Fax:(617) 727-5128 TDD: 1-800-392-6090
% ebsite: w-xvw.magnet.state.ma.us/sec/mhc
t
06-12-97 14:08 ID 5087414853 MARIGOT ASSOC PAGE = 02/02
June 5. 1999
Conservation Commission
Salem,Massachusetts
Re: 106-108 Leach Street
Salem,Ma.
To Whom It May Concern:
emorandum from Stephen Dibble,Assistant
Back in February I received a m
Planner thanking mega`n bmard nQthIngsince,ion about work done to the I am writing s a follow UPh to
referenced property. pother is
determine if an Order of Conditions has ever been Issued.Since my t
elderly and the relationship with this neighbor has caused her much constanatlml.
it is possible notices were sent to her.As an abutter we continue to be concerned
with the final determination.
Thank you for your assistance In this matter.
�%l
%oN Cp��
Z yi
Colnservafim Colmffji i n
Salem. Massachusetts 01970
�b �e
ASS
To: Roger E Marcorelle
From: Stephen Dibble, Assistant PI
Subject: 106-108 Leach Street
Date: February 20, 1997
Thank you for making the Commission aware of work being done to the above referenced
property. The Salem Conservation Commission encourages citizens, such as yourself, to report
permitted or unpermitted work which may harm wetland habitats, flood control or coastal areas.
Your explanation of the work and photographs were very helpful in assisting the Commission.
For your information I have enclosed an Enforcement Order requiring the work to be stopped and
that the owner of 106-108 Leach Street appear before the Commission at its next meeting.
Again, thank you for your assistance in this matter.
I
I
MACK Realty Trust
112 Leach Street FEB 3 1997
Salem, Massachusetts 01970
Salem Planning Dept.
January 30, 1997
City of Salem, Ma.
Conservation Commission
City Hall
Salem, Ma. 01970
To Whom It May Concern:
My family has owned and occupied the property at 110-112 Leach Street Salem, Ma. for
over fifty(50)years,my mother currently lives on the first floor of this three family home. Within
the last two years the house directly in back of ours changed ownership and the new owner has
done a considerable amount of rehabilitation work on the property at 106-108 Leach Street. It is
part of that construction that I now wish to question. His property abuts the cove across from
Dion's Boat Yard in Salem Harbor.
I am enclosing pictures of work that has been done to the sea wall and the platforms that
have been constructed, one of which has been built to go out over the water at high tide. As a direct
abutter, we were never notified of any"order of conditions"issued or given the right to appeal this
work. The question is whether all this work has been done with all the necessary permits?If so,
why were we not given an opportunity to review the plans?Finally,prior to the commencement of
the work on the sea wall there had been a fence,which was for safety for as long as I can
remember,that could prevent anyone from possibly falling and severely injuring themselves at low
tide. There now is no fence.
I would appreciate a response to this letter as soon as you have an opportunity to review
the situation. Thank you for your consideration.
t
Rage E. Marcorelle,Tins cc
cc: Ma. Department of Environmental Protection
City of Salem Solicitor
City of Salem Building Inspector
Christopher P. Plunkett, Esq.
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE
WILLIAM F. WELD ' t1,,R 051g9 TRUDY COXE
Governor MH`� „ e4'7t• Secretary
ARGEO PAUL CELLUCCI ��ari , DAVID B. STRUHS
Lt. Governor Sa\e((\ Commissioner
MAR 0 41997
Mr. Stephen Ingemi
106 Leach Street
Salem, MA 01970
RE: Repair of existing bulkhead and construction of wooden platform
Palmer' s Cove, Salem, Essex County
Dear Mr. Ingemi :
Personnel from this office observed on February 26, 1997 work
in progress on an existing seawall and a new wooden platform. This
office is also in receipt of a copy of an Enforcement Order from the
Salem Conservation Commission regarding the reference activity which,
our research indicates, lies within the jurisdiction of MGL Chapter 91,
the Public Waterfront Act . We are therefore requiring you to exercise
one of the two options listed below.
Option 1 . Complete the enclosed Waterways License
Application and return it to this office; or
Option 2 . Submit information demonstrating either that the
referenced proposed structure, fill or activity is already
authorized under Chapter 91, or that it is outside the
jurisdiction of C. 91 .
Please be advised that unauthorized structures, fill or
activities within the jurisdiction of Chapter 91 may be subject to
fines . Should you have any questions in regard to this matter, please
feel free to contact Ms . Provencal at (617) 932-7778 .
S 'ncerely,
ames A. Spra e 1 E . Provencal
Section, Chief E vironmental Analyst
Division of Wetlands and Waterways aterways Regulation Program
cc : Salem Conservation Commission
William Whooley, Harbormaster
M
10 Commerce Way 0 Woburn,Massachusetts 01801 • FAX (617)932-7615 0 Telephone (617) 932.7600 0 TDD#(617)932.7679
FAX TRANSMISSION
CITY OF SALEM PLANNING DEPARTMENT
ONE SALEM GREEN
SALEM. MA 0 1970
(508) 745-9595. Ex7. 31 1 _
FAx: (508) 740-0404
To: n Date: 61/
Fax#: (� O / Pages: including this cover sheet
From: fc=% U�l�Og6 ue
Subject: S11--
COMMENTS:Co f J
cc, ��S�m
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310 CMR 10. 99 DEP File NO.
Form 9 (To be provided by DEP)
City/Town Salem
Applicant
Ccomionweal th
of Massachusetts
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
From Salem Conservation Commission Issuing Authority
To Stephen TnQemi 106 Tenrh Street Salem. "4.4 01970
Date of Issuance 2/13/97
Property lot/parcel number, address van 33 Lot 549 105-108 Leach Street
Extent and type of activity: SEAWALL CONSTRUCTION/RECONSTRUCTION,
Construction of docks/platforms over tidal waters. -
The Commission has determined that the activity described
above is in violation of the Wetlands Protection Act, G.L. C. 131, 540, and
the Regulations promu.�gated pursuant thereto, 310 CMR 10.00, because:
® said activity has been/is being conducted without a valid Order of
Conditions.
❑ said activity has been/is being conducted in violation of an order of
Conditions issued to dated ,
File number Condition number(s)
❑ other (specify)
The Commission hereby orders the following:
® The property owner, his agents, permittees and all others shall
immediately cease and desist from further activity affecting the wetland
portion of this property.
❑ wetland alterations resulting from said activity shall be corrected and
the site returned to its original condition.
Effective 11/10/89 9-i
Issued by The Salem C'n car ti Commission
❑ Completed ae: lication forms and plans as required by the Act and
Regulations shall be filed with the
on or before (date) ,
and 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.
Application forms are avail-ble at.
® The property owner shall taxe every reasonable step to prevent further
violations of the act.
® Other (specify)
Ordered to appear before this Commission to discuss said violations
at the Commissions next meeting on Thursday February 27, 1997 7:00 pm,
located at One Salem Green, Second Floor Conference Room, Salem, MA.
Failure to comply with this Order may constitute grounds for legal action,
Massachusetts General Laws Chapter 131. Section 40 provides:
Whoever violates any provision of this section 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, Each day or
portion thereof of continuing violation shall constitute a separate
offense.
Questions regarding this Enforcement Order should be directed to
Stephen Dibble 508 745-9595 ext . 311
Issued by Salem Conservation Commission
Signature(s) -2 i
(Signac4re of delivery person
or certified mail number)
9-2b
310 CMR 10 . 99 DEP Fite No.
Form 9 (To be provided by DEP)
City/Tan Salem
Applicant
Comonweal th
of Massachusetts
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
From Salem Conservation Commission Issuing Authority
To Steohen In gpMi._LQL_LaaL.jhj. Street Salem MA 01070
Date of Issuance 2/13/97
Property lot/parcel number, address Man 33 Lot 549 105-108 Teach Street
Extent and type of activity: SEAWALL CONSTRUCTION/RECONSTRUCTION,
Construction of docks/platforms over tidal waters.
The Commission has determined that the activity described
above is in violation of the Wetlands Protection Act,' G.L. c. 131, 540, and
the Regulations promu.�gated pursuant thereto, 310 CMR 10.00, because:
® Said activity has been/is being conducted without a valid Order of
Conditions.
❑ Said activity has been/is being conducted in violation of an Order of
Conditions issued to dated
File number Condition number(s)
❑ Other (specify)
The Commission hereby orders the following:
® The property owner, his agents, permittees and all others shall
immediately cease and desist from further activity affecting the wetland
portion of this property.
❑ wetland alterations resulting from said activity shall be corrected and
the site returned to its original condition.
Effective 11/10/B9 9-1
M1
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS ).
■ tE EPARTMENT OF ENVIRONMENTAL PROTECTION
QfP(BOSTON-NORTHEAST REGIONAL OFFICE.
WILLIAM F. WELD AVG j 9uuvv 1An7 ��
Govemor �8l /4V 1J Ji7 TRUDY COXE
em r�� , Secretary
ARGEO PAUL CELLUCCI .t_ann.7 ®ept. AUG 0 81997 DAVID B. STRUHS
Lt. Govemor
Commissioner
Mr. Stephen A. Ingemi
c/o Mr. Joseph H. Orzel
Gulf of Maine Research Center, Inc.
204 Lafayette Street
Salem, MA 01970
Re: Waterways License Application No. W97-8694
Dear Mr. Ingemi:
The Waterways Regulation Program (WRP) ,has received your application requesting authorization
to perform certain activities in state waterways pursuant to G.L. Chapter 91, Waterways
Licensing. The WRP has assigned your filing with'the referenced application number. IT IS
IMPERATIVE THAT YOU REFER TO THIS APPLICATION NUMBER WHENEVER YOU SUBMIT OR REQUEST
INFORMATION FOR THIS FILE
Immediately following this letter is the WRP's public notice for this application. You are
required to publish this notice, at Your expense, in the local newspaper(s) having circulation
in the area affected by the proposed activity. This notice must be published no later than
the designated -Notification Date" for at least one day in the local newspaper(s) . There is
a prescribed public comment period imposed from the date of publication. You are required to
submit proof of publication to the WRP by sending a copy of the newspaper notice showing the
date of publication or a letter from the newspaper indicating the date the notice was
published.
The WRP will concurrently notify the appropriate municipal officials of the proposed activity
for their review and comment. The WRP cannot commence licensing review and authorization
until at least forty-five (45) days after the municipality has been notified of this
application. Also, should this project exceed the MEPA waterways thresholds, thereby
requiring completion of the MEPA review process, the WRP will publish the public notice in the
Environmental Monitor.
Furthermore, pursuant to 310 CMR 9.00, Licensees are required to provide compensation for
Drivate use of structures (or fill) on Cormonwealth tidelands which interfere with the rights
of the public to use such lands. Said compensation includes, but is not necessarily limited
to, the allowance of the public to pass on foot, for any lawful purpose, within the area of
the subject property lying seaward of the high water mark. The WRP may contact the Applicant,
if it has not already done so within the text of this letter, requesting information and/or
possible revisions necessary to comply with this requirement,
Lastly, the WRP cannot begin review of this application for license issuance until the
following information has been submitted to the file:
x Proof of publication of the public notice
x Expiration of the statutory 45 day comment period
x Order of Conditions from the Salem Conservation Commission for seawall re pair and
pier construction.
If for any reason you are unable to publish this notice by or before the Notification Date
please change the date to the date of publication.
10 Commerce Way 0 Woburn,Massachusetts 01801 0 FAX (617) 932-7615 0 Telephone (617) 932-7600 • TDD#(617)932-7679
2 -
Should you have any question with regard to the foregoing, pleasecontact
Jill Provencal at (617) 932-7778.
Sincerely,
�_� S /r1�
James Sprague
G • *Wte
ProencaSection Chief nmentaAnDivision of Wetlands and Waterways ' ays Regulation Program
CC: Salem Mayor and City Council
Salem Conservation Commission
William Whooley, Harbormaster
Salem City Clerk
Salem Planning Board
Division of Fish & Wildlife
Massachusetts Historical Commission
Office of Coastal Zone Management
Division of Marine Fisheries
Charles R. and Kathy A. O'Connell
Jean C. and Linda J. Boudreau
WRP Application File (2)
ABUTTERS TARE NOTICE: If the structure, to be authorized is within 25 feet of the common
property line, it may impact access to your property from the water. Please contact the
Department within the public comment period if this is a problem.
Public Notice Attachment
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Waterways Regulation Program
Notice of License Application pursuant to G.L. Chapter 91
Waterways License Application Number W97-8694
Stephen A. Ingemi
Notification Date : AUG 291997
Public notice is hereby given of the application by Stephen A. Ingemi to
maintain an existing seawall and construct and maintain a pier at 106-108
Leach Street, in the municipality
p ty of Salem in and over
' the waters of
Palmer' sPalmer' s Cove . The proposed use of the
str
ucture is for shoreline
stabilization, docking and boating access to navigable. waters. and is a
water-dependent project .
The Department will consider all written comments submitted 30 days
subsequent to the "Notification Date" . A public hearing may be held upon
written request by the municipal official . Furthermore, a municipality,
ten citizen group or any aggrieved person that has submitted comments may
also petition to intervene to become a party before the close of the
comment period. Failure to submit such petition will result in the waiver
of any right to an adjudicatory hearing. For information call (617) 932-
7600 . Plans and documents for this application are on file with the
Department for public viewing at the address below. Written comments
should be addressed to J. Sprague, Section Chief, DWW, 10 Commerce Way,
Woburn, MA 01801 .
,Massachusetts a rtment of Environmental Protection
Bureau of Resource Protection- Warerways
BRP WW 06 Waterways Simplified License
General Waterways Application
LICENSE NO.
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a4 i Date
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Plan acccompanying petition of:
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Adjacent Property Owners: In S o-1 e n H n_r
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