64-342 - 116 LEACH STREET - CONSERVATION COMMISSION i 1 ,.j, S -
UPC 10350
No. 155E
IiA STiN,S. MM1I
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Return to:
Ronald D. Segal, Esq.
172 Newbury St., 5th Fl
Boston,N4A 02116
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-342
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer,use Kathryn Neuman
only the tab key Name
to move your 116-118 Leach Street
cursor-do not use the return Mailing Address
key.
Salem MA 01970
"ICY Cityrrown State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Charles R. & Kathy O'Connell
Name
12/12/2002,amended 12/11/2003 64-342
Dated DEP File Number
3. The project site is located at:
116-118 Leach Street Salem
Street Address City/rown
33 0547-801 (Unit 116)&0547-802(Unit 116)
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Charles R. &Kathy O'Connell
Property Owner(if different) ,
Essex S. Registry of Deeds 19860 472
County Book Page
i
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
N/A
Date
I
I
II
wpafmmE.doc•rev.SUW14 WPA Fmm 88.Cerfdwte of CmnPll m•Page1 of
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number.
WPA Form 8B — Certificate of Compliance 64-342
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Conditions has lapsed and is therefore no longer valid.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
i 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 9 A
Conservation Commission Me of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
http://www.mass.gov/eea/agencies/massdeo/about/contactsffind-the-massdeo-
region aloffice-for-your-city-or-town.htm 11.
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B - Certificate of Compliance
64-342
Massachusetts Wetlands Protection Act M.G.L. c. 131 §40 Provided'.y DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Kathryn Neuman
only the tab key Name
to move your 116-118 Leach Street
cursor-do not
use the return Mailing Address
key. Salem MA 01970
City/Town State Zip Code
�e 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Charles R. O'Connell
ream Name
12/12/2002. amended 12/11/2003 64-342
Dated DEP File Number
3. The project site is located at:
116-118 Leach Street Salem
Street Address Citylrown
33 546, 547
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Charles R. O'Connell
Property Owner(if different) 933 j-p �?�q
South Essex ,936& 12-3-
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
NA
Date
wpafrm8b.Ccc•rev.5129114 WPA Forth 8B,Cenificale of Compliance•Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 64-342
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: ------------------------------
C/ rY Ot= "cl)-i
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
i 1 cT 11 � l�Ae�f s% (0�-ayz
Project Lot ,^�® !9� DEP File Number
/71
Has bbeee2tn[re—corded�at the Registry of Deeds of:
Sow1A &-" 6S5if 1?,-CU )L14 07� �eecd
County ^�
for:
kflrK�z/� N�vrn��
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
wpafrm8b.doc•rev.5/29114 WPA Fonn 813,Certifcate of Compliance•Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
WPA Form 813 — Certificate of Compliance 64-342
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 D to of ls6uance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
hft ://www.mass. ov/eea/a encies/massde /about/contacts/fin -the-m D-
regional-office-for-you r-city-or-town.html).
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wpafrmeb tloc•STY:5gS114 ; WPA Form Be,Certificate of Compliance•Page 2 of 3
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COMMONWEALTH OF MASSACHUSETTS
ESSEX REGISjRy OF DEEDS,SO.DIST.,SALEM,MASS
ESSIX SS J COPY OF RE OpD: ZO
BOOK SOFAGE_ 6 7
ATTEST: -T
REGISTER
i
CITY OF SALEM
e CONSERVATION COMMISSION
July 25, 2014
Ronald D. Segal, Esq.
172 Newbury St., 5th Fl.
Boston, MA 02116
Re: Certificates of Compliance—DEP #64-268 and64-342— 116-118 Leach Street
Dear Mr. Segal:
Enclosed, please find the Certificates of Compliances for the above referenced properties.
These documents must be recorded at the South Essex County Registry of Deeds. Please
fill out and return the Recording Information on page 3 of the certificates, which will
indicate to the Salem Conservation Commission that the documents have been recorded.
If you have any further questions please feel free to contact me at 978-619-5685.
Sincerely,
Tom Devine
Conservation Agent
Enclosure
CC: DEP Northeast Regional Office
Kathleen M. LaBonte
Kathryn Neuman
9
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-268
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer, use Kathleen M. LaBonte
only the tab key Name
to move your 118 Leach Street, Unit 118
cursor-do not
use the return Mailing Address
key. Salem MA 01970
City/rown State Zip Code
VQ 2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Charles R. O'Connell
Name
September 11 1997 64-268
Dated DEP File Number
3. The project site is located at:
116-118 Leach Street Salem
Street Address City/rown
33 0547-801 (Unit 116) &0547-802 (Unit 118)
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Charles R. O'Connell
Property Owner(if different)
Essex South District Registry of Deeds 14786 134
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
Dat
wpefrmBb.doc•rev.5/29114 WPA Form 8B,Certificate of Compliance•Page 1 of 3
:r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 86 — Certificate of Compliance 64-268
1 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 7101 /
Conservation Commission 06te of Is uance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office(See
hftp://www.mass.gov/eea/agencies/massdep/abouttcontacts/find-the-massdeo-
regional-office-for-your-city-or-town.html).
t I S' ?
MIS
w afrrnft doc•rev.5/29114 WPA Fonn 8B,Certificate of Compliance•Papa 2 of 3
1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-268
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 provided--by
D. Recording Confirmation
The applicant is responsible for ensuring that this Certificate of Compliance is recorded in
the Registry of Deeds or the Land Court for the district in which the land is located.
Detach on dotted line and submit to the Conservation Commission.
To: --------------------------------------------------- ----------
Salem Conservation Commission
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
116-118 Leach Street, Salem, MA 01970 64-268
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
Essex South District
County
for.
Kathleen M. LaBonte
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
v Pafrm3b.doc•rev.5129/14 WPA Form ea,Certificate of Compliance•Page 3 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 8B — Certificate of Compliance 64-342
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP
A. Project Information
Important:
When filling out 1. This Certificate of Compliance is issued to:
forms on the
computer,use Kathryn Neuman
only the tab key Name
to move your 116-118 Leach Street
cursor-do not
use the return Mailing Address
key. Salem MA 01970
City/Town State Zip Code
2. This Certificate of Compliance is issued for work regulated by a final Order of
Conditions issued to:
Charles R. & Kathy O'Connell
"0m Name
12/12/2002, amended 12/11/2003 64-342
Dated DEP File Number
3. The project site is located at:
116-118 Leach Street Salem
Street Address City/Town
33 0547-801 (Unit 116)&0547-802(Unit 118)
Assessors Map/Plat Number Parcel/Lot Number
the final Order of Condition was recorded at the Registry of Deeds for:
Charles R. &Kathy O'Connell
Property Owner(if different)
Essex S. Registry of Deeds 19860 472
County Book Page
Certificate
4. A site inspection was made in the presence of the applicant, or the applicant's agent,
on:
N/A
Date
wpafrm8b,doc•rev.529114 WPA Farm 8B,Ceitfrate of Compliance•Page 1 of 3
t
G
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 813 — Certificate of Compliance 64-342
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 protect 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 '9 4
Conservation Commission Me of Issuance
This Certificate must be signed by a majority of the Conservation Commission and a
copy sent to the applicant and appropriate DEP Regional Office (See
hfp://www.mass.gov/eea/agencies/massdep/about/contacts/find-the-massdep-
regional-office-for-you r-city-or-town.htmI .
Is:
P- uU, D
A
wpafrm90 d=•rev.U29116 WPA Form 8B,Certificate of Compliance•Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
y WPA Form 8B — Certificate of Compliance 64-342
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
Conservation Commission
Please be advised that the Certificate of Compliance for the project at:
116-118 Leach Street, Salem, MA 01970 64-342
Project Location DEP File Number
Has been recorded at the Registry of Deeds of.-
Essex South District
County
for:
Kathryn Neuman
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
wParrm8b.doc-rev.529114 VVPA Foot 8B,CeNficste&C=Pliance•Page 3 or 3
` Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection - Wetlands 64-342
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
out forms on Salem
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ❑ Order of Conditions
not use the
return key. ® Amended Order of Conditions (December 11,2003)
To: Applicant: Property Owner(if different from applicant):
Charles R. O'Connell Same
Name Name
116 Leach Street
Mailing Address Mailing Address
Salem MA 01970
Cityrrown State Zip Code Cityrrown state Zip Code
1. Project Location:
116 Leach Street Salem
Street Address Cityrrown
Map 33 Lot 0546 &0547
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 9365 123
County Book Page
NA
Certificate(if registered land)
3. Dates: Amended December 11, 2003
November 14, 2002 December 12, 2002 December 12, 2002
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Chapter 91 Plans, 1 of 2 and 2 of 2—Charles& Kathy O'Connell, 116 Leach Street, Revs, Dec. 1,
Salem, MA 2003
5. Final Plans and Documents Signed and Stamped by:
NA
Name
6. Total Fee:
$155.00
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5 Pagel of 7
Rev.02/00
a
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 64-342
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
❑ Public Water Supply ® Land Containing Shellfish ® Prevention of Pollution
0 Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat
❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore,this Commission hereby finds the project,as proposed,is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above.This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order.To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control
Denied because:
❑ the proposed work cannot be conditioned to meet the performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of conditions is issued.
❑ 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).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state, or local statutes, ordinances, bylaws, or regulations.
WPA Form Page 2 of
Rev.02100
a
'\ Massachusetts Department of Environmental Protection DEP File Number:
° Bureau of Resource Protection -Wetlands 64-342
t
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years,from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill.Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster,wire, lath,paper, cardboard,
pipe,tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection"for, "MA DEP'J
"File Number 64-342 "
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance (WPA Form 8A)to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition#12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WPA Fom 5
Rev.07100 - Page 3 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Uf
Bureau of Resource Protection - Wetlands64-342
WPA Form 5 - Order of Conditions Provided byDEPMassachusetts Wetlands Protection Act M.G.L. c. 131, §40
. B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means.At no time shall sediments be deposited in a wetland or
water body. During construction,the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed.The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission,which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work_unless another limit of
work line has been approved by this Order.
Special Conditions (use additional paper, if necessary):
See Attached
Findings as to municipal bylaw or ordinance
Furthermore, the Salem hereby finds (check one that applies):
Conservation Commission -
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
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.
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Name Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
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.
WPA Fom 5
Page 4 or 7
Rev.02100
.
Massachusetts Department of Environmental Protection DEP File Number:
` Bureau of Resource Protection - Wetlands f�1-3'12
WPA Form 5 - Order of Conditions Provided by DEP
ug
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
19SN�Q av� �c.(�yr.�o�ri\�2,2002 i pjW�St.+nc,Q,c�: �a.C3-+w`rycr�� �00
Date This Order must be signed by a majority of the Conservation Commission.The Order must be mailed by
certified mail (return receipt requested)or hand delivered to the applicant.A copy also must be mailed or
hand delivered at the same time to the appropriate Department of Environmental Protection Regional
Office (see Ap ndi A)and the property owner(if different from applicant).
Signatures:
On —of
Day Month and Year
before me personally appeared
so me known to be the person described in and who executed the foregoing instrument and
cckno ged that els et cuted he ame as his/her free act and deed.Notary Public My Commis ion Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on '� by certified mail, return receipt requested,on
Date Date
NPA Farm 5 Page 5 o17
Rev.07/00
` \ Massachusetts Department of Environmental Protection DEP File Number:
` Bureau of Resource Protection -Wetlands 64-342
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or an ten residents of the city or town in which such land is located are here notified
Y tY by o fied of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: 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.
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.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land,this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
Salem
Conservation Commission
WPA Fom 5 Page 6 of 7
Rev.02/00 _
Massachusetts Department of Environmental Protection DEP File Number
Y Bureau of Resource Protection - Wetlands 64-342
WPA Form 5 - Order of Conditions Provided by DEP
vp Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
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:
116 Leach Street 64-342
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
it
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
WPA Farts 5 Page 7 of 7
Rev.02/00 -
Salem Conservation Commission
AMENDED SPECIAL CONDITIONS—DEP FILE #64-342
City of Salem, 116 Leach Street
1. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745-
9595 ext.311). Members and agents of the Salem Conservation Commission(Commission)shall have the right
to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance
standards stated in this Order,the Notice of Intent,the referenced plans,the Act,and 310 CMR 10.00,and may
require any information,measurements,photographs,observation and/or materials or may require the submittal
of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the
work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is
satisfied that the work will comply, and has so notified the applicant in writing.
2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter
131,Section 40,and Wetlands Regulations 310 CMR 10.00.
3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice
of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding
owners or portions of the property.
4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the
expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed
with the Department of Environmental Protection. This form shall be returned to the Commission within 21
days of recording accordance and prior to commencement of any activities subject to the Order of Conditions.
5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-342 and not placed on a living
tree.
6. 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.
7. 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 Corp 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
(3) Flood Plain
(4) Grading Ordinance
8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule.
9. 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.
10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No
alteration of wetland resource areas or associated buffer zone, other than that approved in this Order, shall occur
on this property without prior approval from the Commission.
12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection
under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L.Ch. 131,Section
40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field,
whether the change(s)is significant enough to require the filing of a new Notice of Intent..Any error in the
plans or information submitted by the applicant shall be considered changes and the above procedures shall be
followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection.
13. 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 signed statement 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.
14. Conditions number_NA_as indicated shall continue in force beyond the Certificate of Compliance,in
perpetuity,and shall be referred to in all future deeds to this property.
PRIOR TO CONSTRUCTION
15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between
the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all
responsible parties shall be registered with the Commission at the pre-construction meeting.
16. 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 Commssion and/or
its Administrator shall inspect and approve such installation at the pre-construction meeting.
17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the
Commission in writing a construction schedule/sequence of work to complete this project.
18. Prior to any work on site,the proposed limits of work shall be clearly marked with.stakes or flags and shall be
confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary
and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery,
storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at
anytime.
19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction
activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas
to be impacted and the limits of work in the replication area(s)shall be clearly flagged.
20. There shall be_NA_hay bales and wooden staked stored under cover on the site to be used only for emergency
erosion control.
EROSION CONTROL
21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and
shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification
provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards
for this project;additional measures may be required by the Commission.
22. All debris,fill and excavated material shall be stockpiled a location far enough away from the wetland resource
areas to prevent sediment from entering wetland resource areas.
23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
24. The areas of construction shall remain in a stable condition at the close of each construction day,
25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to
prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through
haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator.
26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the
completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using
sufficient top soil to assure long-term stabilization of disturbed areas.
27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be
established to prevent erosion and sedimentation. If the season is not appropriate for plant growth,exposed
surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils
from being washed by rain or flooding.
DURING CONSTRUCTION
28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in
Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and
adhere to.
29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
30. Only clean fill,free of masonry,stumps,asphalt,and any other kind of waste material shall be used on the site.
31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from
wetland resource areas and 200 feet from rivers.
32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the
City of Salem Health Department.
33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or
concrete products into a buffer zone or wetland resource area shall be removed by hand.
34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified
in this Order of Conditions.
35. There shall be no pumping of water from wetland resource areas.
36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers
and/or silt bags to filter silt from stormwater before it enters the drainage system.
38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when
completed.
39. The applicant is hereby 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.
POST CONSTRUCTION
40. All disturbed areas, slopes and proposed landscape areas shall be loamed and seeded or stabilized through the
use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and
seeded prior to November 1 of each year,if possible. No disturbed areas or stockpiled material will be left
unprotected or without erosion controls during the winter.
.' 41. Upon completion of construction,the applicant or current landowner shall submit the following to the
Commission to request a Certificate of Compliance:
(1) A letter requesting a Certificate including the following information:
a. Name and address of current landowner;
b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued:
c. Street address and lot number for the project;and
d. DEP file number
(2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the
property with this Order of Conditions
(3) An"As-Built'plan signed and stamped by a Registered Professional Engineer showing post-construction
conditions and:
a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area;
b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and
replicated areas;and
c. Distances to all structures within 100 feet of any wetland resource area.
42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds.
43. 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.
44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their
removal.
45. The following condition(s)shall extend beyond the Certificate of Compliance,in perpetuity,and shall
be recorded as such on the Certificate of Compliance and in all future deeds to this property:
PERPETUAL CONDITIONS
46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area.
47. Herbicides shall not be applied within 100 feet of the wetland.
48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland.
ADDITIONAL CONDITIONS
49. Before work can commence,the Applicant shall obtain all the necessary Federal,State and Local permits and or
approvals needed to construct this project.
I
Massachusetts Department of Environmental Protection DEP He Number.
Bureau of Resource Protection - Wetlands
WPA Form 7 r Extension Permit for Orders of Conditions
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Pmvided by DEP
A. General Information
Important
When filling out 1. Applicant
forms on the Robert DeNisco
computer,use Name
only the tab key to move 10 Bailey Terrace
Your cursor_ Ma&V Address
do not two On Peabody MA 01960
return
key,. Cilyrr"n State Zip Code
2. Properly Owner(if different):
Name
Mailing Address
1
Cityrrmn State rip Code
B. Finding Information
The Order of Conditions(or Extension Permit)issued to the applicant or property owner listed above on:
December 12, 2002
Date
for work at
116 Leach Street MAP 33 LOT 0546&
Sbeet Address Assessoes Map/Plat Number 0547
Parcel/Lot Number
recorded at the Registry of Deeds for.
ESSEX 22238 350
County nook pap
Certific t(if regWered lard)
is hereby extended until:
December 12,2008
Date
This date can be no more than 3 years from the expiration date of the Order of Conditions or the latest
extension. Only unexpired Orders of Conditions or Extension may be extended.
Date the Order was last extended(if applicable):
Date
Issued by.
ConservaWn Commission
rpaaarmTdac•mr.rnaae Page r at 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection- Wetlands DEP File Number.
WPA Form 7 — Extension Permit for Orders of Conditions Pmvkfed byoEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Finding Information (cont.)
This Order of Conditions Extension must be signed by a majority of the Conservation Commission
and a copy sent to applica9f and the appropriate DEP Regional Office.
Signatures-
No ry Acknowledgement
Commonwealth of Massachusetts County of Essex
On this 12 of January 2006
Day Month Year
Before me,the undersigned Notary Public, personally appeared
Kevin Comacchio, Kevin Carr, Keith Glidden,and Joe Fumed,
Name of Signer
proved to me through satisfactory evidence of identification,which was/were
personally known
Desm"on of evidence of idenwi ation
to be the person whose name is signed on the preceding or attached document,and acknowledged to
me that he/she signed it voluntarily for its stated purpose.
As member of SSAR� Conservation Commission
5 � A
FRANKTAORMINA
NWotary Public "
Commonwealth of Massachusetts sig re of►ote Public
My Commission Expires Frank
a
April 27,2012 Printed Name of Notary Public
Place rotary seal and/or any stamp above Ann I d�2. .20/L
my C6mmissm (Date)
vgem'm7.dw•w mace Paos2 of 3
Massachusetts Department of Environmental Protection DEP File Number.
Bureau of Resource Protection -Wetlands
WPA Form 7 — Extension Permit for Orders of Conditions DEP
Wetlands Protection Act M.G.L. c. 131, §40
Provided by Ll
C. Recording Confirmation
The applicant shall record this document in accordance with General Condition 8 of the Order of
Conditions(see below),complete the form attached to this Extension Permit, have it stamped by the
Registry of Deeds,and return it to the Conservation Commission.
Note:General Condition 8 of the Order of Conditions requires the applicant prior to commencement of
work,to record the final Order(or in this case,the Extension Permit for the Order of Conditions)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, it shall be noted in the Registry's Granter 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, it shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the
proposed work is done.
Detach page 3 of Form 7 and submit it to the Conservation Commission prior to the expiration of the
Order of Conditions subject to this Extension Permit
To:
SALEM
conservation commission
Please be advised that the Extension Permit to the Order of Conditions for the project at
116 Leach Street #64-342
Proied Location DEP File Number
has been recorded at the Registry of Deeds of
ESSEX
County
for.
Robert DeNisco
Properly Owner
and has been noted in the chain of title of the affected property in accordance with General Condition 8 of
the original Order of Conditions on:
Date Book Page
If recorded land the instrument number which identifies this transaction is:
Instrument Number
If registered land, the document number which identifies this transaction is:
Document Number
Signature of Applicant
wpeform7.d=•rev.N1404 Papa 3 al3
A '
Leach Street LLC
JA..r! i CIJ zoos
10 Bailey Terrace "
Peabody, MA 01960
781-316-5535
Conservation Commission
Salem, Ma 01970
Attention: Frank
RE: 116-118 Leach Street
Dear Frank,
This letter is to request and extension of DEP#64-342. The work was started in August
2005, however, I was not able to complete it by December 2005. All other licenses and
permits are in order.
Thank you in advance for you consideration of this request.
Sincer
Robert DeNisco
Ikc-c�
Manager, Leach Street, LLC
�fL1
Ott (lrnmmnnwralth of filassurhmsttts
No.
9928
Whereas,
Charles O'Connell
of-- Salem --, in the County of-- Essex -- and Commonwealth aforesaid, has applied to
the Department of Environmental Protection for license to—construct and maintain a
pier, ramp and pile-held float ----------------------------------------------------------------------
and has submitted plans of the same; and whereas due notice of said application has been
given, as required bylaw, 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
-- Charles O'Connell --, 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— construct and
maintain a pier, ramp and pile-held float -----------------------------------------------------------
in and over the waters of Salem Harbor - in the - City, of-- Salem and in
accordance with the locations shown and details indicated on the accompanying DEP
License Plan No. 9928 (2 Sheets).
I
License No. 9928 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.
This license shall expire 10 (ten) years from the date of license issuance. By written request of
the Licensee for an amendment, the Department may grant a renewal for a term of years not to
exceed that authorized by the original license.
All work authorized herein shall be completed within five (5) years of the date of license
issuance. Said construction period may be extended by the Department for one or more one year
periods without public notice, provided that the Applicant submits to the Department, thirty(30)
days prior to the expiration of said construction period, a written request to extend the period and
provides an adequate justification for said extension.
Please see page 3 for additional conditions to this license. -------------------------------------
-----------------------------------------------------------------------------------------------------------
Duplicate of said plan, number 9928 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. 9928 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 Rdor to the commencement of any activity or use authorized pursuant to this
License.
3. Any change in use of any substantial structural alteration of any structure of 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 of fill authorized herein shall render.this Waterways License void.
4. This Waterways License shall be revocable by the Department for noncompliance with the temrs 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 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..
5. The structure(s)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 structure(s)and/or fill authorized herein
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 the law on private tidelands,the licensee -
shall allow the public to use arr+.d to pass freely upon:the area of thesubject property lying between the high and
low water marks,for the purposes of fishing,fowling,navigation,and the natural derivatives thereof.
Commonwealth Tidelands. This Licensee shall not restrict the public's right to use and to pass freely,for any
purpose,upon 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 rights to-use and to pass
freely upon lands lying seaward of the high water mark for any lawful purpose.
_ Navigable River or Stream. The Licensee shall not restrict the public's right to use and to pass freely,for any lawful
purpose, in the waterways.
No restriction on the 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 of 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 the free flow of pedestrian movement thereon.
License No.9928 Page 4
Department, and compensation thereof has been made — -- by paying into the
treasury of the Commo o ars and zero cents ($2.00) -- for each cubic yard so
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 twenty-third day of February in the year two thousand
and four.
Department of
Section Chief Environmental
Protection
THE COMMONWEALTH OF MASSACHUSETTS
by the said— --------------------------------------------------
------ ---------
the further sum of-- zero dollars and zero cents ($0.00) ----
the amount determined by the Governor as a just and equi e charge for rights and privileges
hereby granted in the land of the Commonwealth
BOSTON,
Approved b Governor.
f
rK
GULF OF MAINE RESEARCH CENTER INC.
ENVIRONMENTAL CONSULTING SERVICES
204LAFAYETTE STREET
SALEM, MA 01970
September 30, 2003 RECEIVED (978) 745-6618
FAX (978) 741-8648
OCT u a tow
Jill E. ProvencalDEPI OF PLANNING
Wetlands and Waterways Program COMMUNITY DEVELOPMENT
1 Winter Street
Boston,MA 02108
RE: Chapter 91 Waterways Applications for 116 Leach Street, Salem,MA
Transmittal Nos. W025950 and W0320369
Dear Ms. Provencal:
This letter is in regard to Chapter 91 License applications filed by Charles O'Connell (the
"applicant") for a pile supported pier and float at 116 Leach Street in Salem,MA(Transmittal Nos.
W025950 and W0320369). As I had mentioned in previous correspondence to you, the applicant
was in the process or revising the previously submitted pier and float plans to attain a 25-foot
setback from the lot line, reduce the size of the float to 200 square feet, and keep the float off the
substrate at low tide.
The plan revisions have been completed, and copies are attached for your records. The
applicant will submit the revised plans to the local Conservation Commission to incorporate into the
Order of Conditions that was issued, and I will send you a copy of the public notice after it is
published.
If vou'have any questions on this matter,you can reach me at(978) 745-6618 or via e-mail at
gmrcorzei@earthlink.net.
Sin elyPsephH.
/
Jzel
Senior Wetland Scientist
attachments(3)
cc: Charles O'Connell
NORTH LICENSE NO.
Approved by Department of Environmental Protection
�jSA�C` N ter cM�w� Date:
�o
Mear�O� Sln \— rby Wharf
' 20
lo' � s �N
PILES 00X) 20' LONG
PRESSURE TREATED 12' DIA. AT TOPALEM6' WIDE DECK �� SDARBORSA16'-3' ter CMRBLEHEAl
��� MQPr• N1gl`
Exlsting Seawall LElCUS MAP
& Fill Licence
See Note O
25' s'xls' Note:
31' Cabana
MAP #0547 Existing Seawall &
PROPOSED Fill Permit M,G.L c,91
8 xl5' 14'X16' ADDITION Licence No. 7129
Tool Shed
Recorded 5/5/98
9 Reg. of Deeds
LET #0533
46 g e T Bk14786 Pg129-133
MAP #05 e� 3 DEP file #64-268
F ,a 0 Approved 3/20/98
< Q DEP Application No,
p rc " W97-8738
Q
{� si ewa
r`- )
1 .4 so' -- •-I LEACH STREET PLAN VIEW
(Scalei 1'=30')
0 7.5 15 30 60
PURPOSE, SIMPLIFIED LICENSING
ADJACENT PROPERTY OWNERS, PLAN ACCOMPANYING Proposed 300 Sq. Ft. Pier
1. 106 Leach Street Karen Shepard Unit 1
PETITION OF: IN Salem Harbor
-
Mary Ungaro - Unit 2 AT Salem
Randy M, Reid - Unit 3 Charles & Kathy O'Connell COUNTY OF, Essex STATES MA
2, Roger E, Marcorelte 116 Leach Street APPLICATION BY, Charles
171 Jersey St, Marblehead Salem, MA 01970 and Kathy O'Connell
3, John R. Gillespie Jr, SHEET 120 Leach Street 1 OF 2 DATE 28 Sep 2003
LICENSE NEI,
Approved by Department of Environmental Protectio
Date;
GLENDALE
COVE
PROPOSED BEAM ACROSS
TWO FREE-STANDING PILES
FOR SEASONAL FLOAT AND GANGWAY
TWO PILES FOR STABILIZATION OF
PROPOSED SEASON L FLOAT AND GANGWAY
5'-7` 300 SO, FT.
clearance DECK
11°
15'-3'
XJ7ST]NG fIL�
ANb I VA L
(MHW=8,72')
- - - - -- - - -- -- - - - - - (MLW=0,0')
Salem CI y Base = Mean Low Water
PROFILE VIEW
(Scale 1'=20')
0 10 20 40
ADJACENT PROPERTY OWNERS
1, 106 Leach Street PLAN ACCOMPANYING Proposed 300 Sq. Ft. Pier
Karen Shepard - Unit 1 PETITION OF: IN Salem Harbor
Mary Ungaro - Unit 2 AT Salem
Randy M, Reid - Unit 3 Charles & Kathy O'Connell COUNTY OFt Essex STATES MA
2, Roger E, Marcorelle 116 Leach Street APPLICATION BY, Charles
171 Jersey St, Marblehead Salem, MA 01970
3, John R. Gillespie Jr, and Kathy O'Connell
120 Leach Street SHEET 2 OF 2 DATE: 28 Sep 200
{ d"11�13CiPl O1 �
AT
I
Chart s a. 'Kethy,t C,ohriett COUNTY B' t_ser UP,{� �`•
A T 1r311 B�T Ci'a]
:]"Xl2 41( " C3I9 Q
and Ka'ihy- O ( or7i.eCl t
- - D( ,fID
i
Float is off substrate at low tide.
� 1
1i
COMMONWEALTH OF MASSACHUSETTS
EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Wetlands and Waterways Program/NERD
ONE WINTER STREET, 5ch Floor, BOSTON, MA 02108 617-292-5500
MITT ROMNEY 1N3WD01% M00 ELLEN ROY HERZFELDER
Governor - '8 9Secretary
KERRY HEALEY EO ROBERT W. GOLLEDGE,Jr.
Lieutenant Governor Commissioner
aMr. Charles O'Connell tember 23, 2003
c/o Gulf of Maine Research Center, Inc.
204 Lafayette Street
Salem, MA. 01970
Re: PUBLIC NOTICE OF WATERWAYS LICENSE APPLICATION-No. W02-0480 (Pier)
and W03-0872 (ramp and float),Palmer Cove, Salem, Essex County
Dear Mr. O'Connell:
The Waterways Regulation Program has received your application requesting
authorization to perform certain activities in state waterways located in Salem pursuant to
M.G.L. Chapter 91, the Public Waterfront Act and its regulations at 310 CMR 9.0 etc. The
WRP has assigned these application filings with the above-referenced Waterways License
application numbers. It is imperative that you refer to this application number
whenever you submit or request information for this file. Upon review of this
application, the WRP has made a determination that this project is a water-dependent use
project.
Attached is the WRP's Public Notice form for this application. The Applicant is required
to publish this notice, at his/her expense,in one or more newspapers having circulation in
the area affected by the proposed activity. This notice must be published in the local
newspaper(s) for at least one day on or before the designated Notification Date. The
required public Comment period shall beg';r on tr Lis designated Notification Date. The
Applicant is required to submit proof of publication to the WRP by sending a copy of the
newspaper notice showing the date of publication or a copy of the newspaper notice and
a letter from the newspaper indicating the date the public notice was published.
Lastly, the WRP cannot complete its review of this application until the following
information/document(s) checked below have been submitted:
roof of publication of the Public Notice
Completion of the Public Comment Period
Receipt of the Municipal Zoning Certification
❑ Receipt of the Municipal Planning Board Notification Form
0 Receipt of a valid Wetlands Order of Conditions
This information is available in alternate format.Call Aprel McCabe,ADA Coordinator at 1-617-556-1171.TDD Service-1-800-298-2207.
DEP on the World Wide Web: http://w .mass.gov/dep
►.yl Printed on Recycled Paper
t
Receipt of a valid DEP Water Quality Certification
Completion of the MEPA review process
El Plans
❑ Other:
Should you have any questions, please contact me at (617) 654-6537. Thank you.
Sincerely,
.0 pA
ill E. Prov ill Eencal
Environmental Analyst
Wetlands and Waterways Program
cc: Salem Mayor and City Council, City Hall, Salem, MA 01970
Salem Conservation Commission, City Hall, Salem, MA 01970
Salem Harbormaster, Winter Island, Salem, MA 01970
Mark Tisa, c/o Division of Fish and Wildlife, Field Headquarters, 1 Rabbit Hill Road,
-Westboro, MA 01581
Office of Coastal Zone Management, Suite 500, 251 Causeway Street, Boston, MA
02114
Division of Marine Fisheries, S.E. Marine Fisheries Station, 50A Portside Drive,
Pocasset, MA 02559, Attn: Vin Malkowski
Michael Gildesgame, c/o DEM/Ocean Sanctuaries, 251 Causeway Street, Boston, MA
02114
Mass. Historical Commission, 220 Morrisey Blvd. Columbia Pt., Boston, MA 02116
John R. Gillespie,Jr., 120 Leach Street, Salem, MA 01970
Roger E. Macorelle, 110 Leach Street, Salem, MA 01970
I_
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WATERWAYS REGULATION PROGRAM
Notice of License Application pursuant to M. G. L. Chapter 91
Waterways License Application Number W02-0480 and W03-0872
NOTIFICATION DATE: October 15,2003
Public notice is hereby given of the Waterways application by Charles O'Connell to
construct and maintain a pier, ramp and float at 116 Leach Street in the municipality of
Salem in and over the waters of Palmer Cove. The proposed project has been determined
to be water-dependent.
The Department will consider all written comments on this Waterways application
submitted 30 days subsequent to the "Notification Date". Failure of any aggrieved
person or group of ten citizens or more to submit written comments to the Waterways
Regulation Program by the Public Comments Deadline will result in the waiver of any
right to an adjudicatory hearing in accordance with 310 CMR 9.13(4)(c).
Additional information regarding this application may be obtained by contacting Jill
Provencal of the Waterways Regulation Program at (978) 654-6537. Project plans and
documents for this application are on file with the Waterways Regulation Program for
public viewing, by appointment only, at the address below.
Written comments must be addressed to: James A. Sprague, Section Chief, Wetlands and
Waterways Program, One Winter Street, 5'Floor, Boston, MA 02108.
I
a
PEE G�OR NORTH LICENSE NO,
�N� B Approved by Departnent of Environmental Protection
Gkj�l EM ~ Date:
erCM�W
'F�Qan Low Sjr
Derby Wharf
16
PILES (IOX) 20' LONG PRESSURE TREATED12' DIA. AT TOPSALEM6' WIDE DECK ^'`" SOHARBORSA
50' r CMN h
/w` Mean H1gh Ovate MARBLEHEAD
Existing Seawall LOCUS MAP
& Fill Licence
See Note
19' $'x15,
25' Cabana Note:
MAP #0547 Existing Seawall &33
$'X15' PROPOSEDFill Permit M,G,L c,91
14'X16' ADDITION
Too( Shed Licence No, 7129
9QG� Recorded 5/5/98
Reg, of Deeds
LOT #05461 �e Bk14786 Pg129-133
MAP #33 LS��Q� ��e o DEP file #64-268
�Qyae Approved 3/20/98
i DEP Application No,
E " W97-8738
Q i ewa
50' ---� LEACH STREET PLAN VIEW
r`j (SCalet 1'=30')
0 7,5 15 30 60
PURPOSE, SIMPLIFIED LICENSING KM RRRZEK3��
ADJACENT PROPERTY OWNERS; PLAN ACCOMPANYING Pro osed 300 S Ft. Pler
1, 106 Leach Street P 9•
Karen Shepard - Unit 1 PETITION OF: IN Salem Harbor
Mary Ungaro - Unit 2 AT Salem
Randy M. Reid - Unit 3 Charles & Kathy O'Connell COUNTY OF, Essex STATEi MA
2, Roger E. Marcorelle 116 Leach Street ION BYi Charles
171 Jersey St, Marblehead Salem, MA 01970 and APPLICATION
'Connell
3, John R. Gillespie Jr, KathyY
120 Leach Street SHEET 1 OF 2 DATE: 2 Nov 2002
L
LICENSE NO,
Approved by Department of Environmental Protectio
Date:
GLENDALE
COVE
PROPOSED BEAM ACROSS
TWO FREE—STANDING PILES
FOR SEASONAL FLOAT AND GANGWAY
TWO PILES FOR STABILIZATION OF
PROPOSED SEASONAL FLOAT AND GANGWAY
5'-7' 300 SO, FT.
clearance DECK
11'
JJ S 77NN 15'-3•
AN b SEAVF L�
(MHW=8.72')
- - -- —— — ——— — — — (MLW=0,0')
Salem CI y Base = Mean Low Water
PROFILE VIEW
(Scale: 1'=20')
0 10 20 40
ADJACENT PROPERTY tNERSi PLAN ACCOMPANYING Proposed 300 S Ft, Pier
i, 106 Leach Street: P q,
Karen Shepard - Unit 1 PETITION OF: IN Salem Harbor
Mary Ungaro - Unit 2 AT Salem
Randy M. Reid - Unit 3 Charles & Kathy O'Connell. COUNTY OF: Essex STATEi MA
2. Roger E, Marcorelle 116 Leach Street 171 Jersey St. Marblehead Salem, MA 01970 APPLICATION BY: Charles
3, John R. Gillespie Jr, and Kathy O'Connell
120 Leach Street SHEET 2 OF 2 DATE: 2 Nov 2002
(mental Protection DEP File Number:
IS 64-342
and itions Provided by DEP
M.G.L. c. 131, §40
;try of Deeds and submit to the Conservation Commission.
--------------------------------------------------- ------- - ----
or the Project at:
64-342
DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
1aIo�
Date "
If recorded land, the nstniment number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
boot NYr
Farm 5 Re, " Page]of
Rev.02100 F it . _
I
' imental Protection DEP File Number:
IS 64-342
onditions Provided by DEP
M.G.L. c. 131 , §40
;try of Deeds and submit to the Conservation Commission.
or the Project at:
64-342
DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected in:
property
Book Page
In accordance with the Order of Conditions issued on:
Dale
If recorded land, thein�ment number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
WPA Form 5
Rev,02100 Page 7 of
r �
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
64-342
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
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:
116 Leach Street 64-342
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
9
for:
Property Owner
and has been noted in the chain of title of the affected property in:
'DZZ
Book Page
In accordance with the Order of Conditions issued on:
IQ �9���
Date
If recorded land, the nstaiment number identifying this transaction is:
Instrument Number (�(,
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
WPA Form 5 Page 7 of 7
Rev.02100
i1
GULF OF MAINE RESEARCH CENTER INC.
ENVIRONMENTAL CONSULTING SERVICES
204 LAFAYETTE STREET
SALEM, MA 01970
December 2, 2003 (978) 745-6618
FAX (978)741-8648
Salem Conservation Commission
120 Washington Street
Salem,MA 01970
RE: Request for Amended Order of Conditions
Pier and Float at 116 Leach Street
DEP File#64-342
Dear Commission Members:
On behalf of the applicant, Mr. Charles O'Connell,Gulf of Maine Research
Center requests the Salem Conservation Commission to amend the Order of Conditions
issued for the above referenced project to include revised site plans(2 sheets attached).
The Order of Conditions for this project was issued on December 12, 2002, and since that
time the plans have be revised
p been evlsed to reduce potential impacts to wetlands and abutters.
Specifically,the revised plans(revision date 1 Dec. 2003)include the following
changes from the plan referenced in the Order of Conditions(dated 2 Nova 2002).
• The size of the float has been reduced from 384 square feet to 200 square feet.
• A float stop has been incorporated into the design to prevent the float from
resting on the mud flat at low tide.
• The piles are no longer specified to be pressure treated lumber.
• The pier setback from the property line has been increased from 19 feet to 25
feet.
• The angle of the pier and float with respect to the seawall has been adjusted so
the pier and float will be parallel to property lines with abutting properties.
It is the opinion of Gulf of Maine Research Center that these changes are
relatively minor in scope and serve to further protect the interests of the Wetlands
GULF OF MAINE RESEARCH CENTER INC.
Protection Act and Regulations. Therefore,we request that the Order of Conditions be
amended to reference the revised plans without requiring the applicant to re-file a Notice
of Intent for the project.
If you have any questions on this matter or require further information, please
contact me at(978)745-6618.
Sinc ly,
Joseph H. Orzel
Senior Wetland Scientist
c3 NORTH LICENSE NO,
GS Approved by Departnent of Environmental Protectbn
Date:
MQ°ram ' gyp' SjQn Derby Wharf
2� s1�JPILES (lOX) 20' LONG12' DIA. AT TOP SALEM6' WIDE DECK �^" SOALEMEM rHARBOR l�
50' 16'-3'
r CMKW�
�^ Mean Nigri date MARBLEHEA
Existing Seawall LOCUS MAP
& Fill Licence
See Note Q
25' 8'x15'
31' Cabana Note.
`°� 3347 Existing Seawatt &
pp Fitt Permit M.G,L c,9_ .
8'x15' 14''X16' ADDITION
Tool Shed Licence No, 7129
Qat Recorded 5/5/98
Reg, of Deeds
LOT 111546 Bk14786 Pg129-133
Q MAP #33 s`�QFece 3 DEP file #64-268
FQya ou ( Approved 3/20,1 98
i DEP Application No,
Q Q W97-8738
} si ewa
r
LEACH STREET
{-+--- 50' --}i PLAN VIEW
(Scale, 1'=30')
0 7,5 15 30 60
PURPOSE, SIMPLIFIED LICENSING
ADJACENT PROPERTY OWNERS, PLAN ACCOMPANYING Proposed 300 Sq. Ft. Pler
L 106 teach Street.Karen Shepard Unit 1
PETITION ❑F1 IN Salem Harbor
-
Mary Ungaro - Unit 2 AT Salem
Randy M, Reid - Unit 3 Charles & Kathy O'Connell COUNTY OF, Essex STATE: MA I
2, Roger E, Marcorelte 116 Leach Street APPLICATION BY Charles
171 Jersey St, Marblehead Salem, MA 01970 I
3, John R, Gillespie Jr, and Kathy O'Connell
120 Leach Street SHEET I OF 2 DATE: I Dec 2003
f
LICENSE NO,
Approved by Department of Environmental Protector
Date+
GLENDALE
COVE
PROPOSED BEAM ACROSS
TWO FREE-STANDING PILES
FOR SEASONAL. FLOAT AND GANGWAY
TWO PILES FOR STABILIZATION OF
5'-7' PROPOSED SEASONAL FLOAT AND GANGWAY
Clearance 300 SO. FT.
DECK Il'
X] ]
ANDS SEAVE
(MHW=8.72",
- - - - - - - -- - - -- -LF-
(ML W 4 i
Salem City Base = Mean Low Water .
PROFILE VIEW
(Scale: 1'=20')
0 10 20 40
ADJACENT PROPERTY OWNERS
1. 106 Leach Street: PLAN ACCOMPANYING Proposed 300 Sq, Ft. Pier
Karen Shepard - Unit 1 PETITION OF: IN Salem Harbor
Mary Ungaro - Unit 2 AT Salem
Randy M, Reid - Unit 3 Charles & Kathy O'Connell COUNTY OFF Essex STATE, MA
2, Roger E• Marcoretle 116 Leach Street APPLICATION HY, Charles
171 Jersey St, Marblehead Salem, MA 01970 and Kathy O'Connell
3. John R, yh Street
et SHEET 2 OF 2 DATE: I Dec 2003
120 Leach Street
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-342
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling From:
out forms on Salem
the computer, Conservation Commission
use only the
tab key to This issuance if for(check one):
move your
cursor-do ® Order of Conditions
not use the
return key. ❑ Amended Order of Conditions
_Q To: Applicant: Property Owner(if different from applicant):
ri Charles R. & Kathy O'Connell Same
I(� Name Name
116 Leach Street
Mailing Address Mailing Address
Salem MA 01970
City/rown State Zip Code City/rown State Zip Code
1. Project Location:
116 Leach Street Salem
Street Address City/rown
Map 33 Lot 0546 &0547
Assessors Map/Plat Number Parcel/Lot Number
2. Property recorded at the Registry of Deeds for:
Essex 9365 123
County Book Page
NA
Certificate(d registered land)
3. Dates:
November 14, 2002 December 12, 2002 December 12, 2002
Date Notice of Intent Filed Date Public Hearing Closed Date of Issuance
4. Final Approved Plans and Other Documents (attach additional plan references as needed):
Chapter 91 Plans, 1 of 2 and 2 of 2—Charles & Kathy O'Connell, 116 Leach Street, Nov. 2, 2002
Salem, MA Date
5. Final Plans and Documents Signed and Stamped by:
NA
Name
6. Total Fee:
$155.00
(from Appendix B:Wetland Fee Transmittal Form)
WPA Form 5
Rev.02= Pege 7 of 7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands 64-342
WPA Form 5 - Order of Conditions Provided by DEP
g Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
4 ye
B. Findings
Findings pursuant to the Massachusetts Wetlands Protection Act:
Following the review of the above-referenced Notice of Intent and based on the information provided in
this application and presented at the public hearing, this Commission finds that the areas in which work is
proposed is significant to the following interests of the Wetlands Protection Act. Check all that apply:
❑ Public Water Supply ® Land Containing Shellfish ® Prevention of Pollution
❑ Private Water Supply ❑ Fisheries ® Protection of Wildlife Habitat
❑ Groundwater Supply ® Storm Damage Prevention ® Flood Control
Furthermore, this Commission hereby finds the project, as proposed, is: (check one of the following boxes)
Approved subject to:
® the following conditions which are necessary, in accordance with the performance standards set forth
in the wetlands regulations, to protect those interests checked above. This Commission orders that all
work shall be performed in accordance with the Notice of Intent referenced above, the following
General Conditions, and any other special conditions attached to this Order. To the extent that the
following conditions modify or differ from the plans, specifications, or other proposals submitted with
the Notice of Intent, these conditions shall control.
Denied because:
Elthe proposed work cannot be conditioned to meett he r d performance standards set forth in the wetland
regulations to protect those interests checked above. Therefore, work on this project may not go
forward unless and until a new Notice of Intent is submitted which provides measures which are
adequate to protect these interests, and a final Order of Conditions is issued.
❑ 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).
General Conditions (only applicable to approved projects)
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory
measures, shall be deemed cause to revoke or modify this Order.
2. The Order does not grant any property rights or any exclusive privileges; it does not authorize any
injury to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal state or local statutes ordinances bylaws, or regulations.
PP Y 9
WPA Form 5 Page 2 of 7
Rev.02100
Massachusetts Department of Environmental.Protection DEP File Number:
" Bureau of Resource Protection - Wetlands64-342
WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
4. The work authorized hereunder shall be completed within three years from the date of this Order
unless either of the following apply:
a. the work is a maintenance dredging project as provided for in the Act; or
b. the time for completion has been extended to a specified date more than three years, but less
than five years, from the date of issuance. If this Order is intended to be valid for more than three
years, the extension date and the special circumstances warranting the extended time period are
set forth as a special condition in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill. Any fill shall contain no trash, refuse,
rubbish, or debris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard,
pipe, tires, ashes, refrigerators, motor vehicles, or parts of any of the foregoing.
7. This Order is not final until all administrative appeal periods from this Order have elapsed, or if such
an appeal has been taken, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Order has become final and then has been recorded in the
Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title
of the affected property. In the case of recorded land, the Final Order shall also be noted in the
Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to
be done. In the case of the registered land, the Final Order shall also be noted on the Land Court
Certificate of Title of the owner of the land upon which the proposed work is done. The recording
information shall be submitted to this Conservation Commission on the form at the end of this Order,
which form must be stamped by the Registry of Deeds, prior to the commencement of work.
9. A sign shall be displayed at the site not less then two square feet or more than three square feet in
size bearing the words,
"Massachusetts Department of Environmental Protection" [or, "MA DEP"]
"File Number 64-342 "
10. Where the Department of Environmental Protection is requested to issue a Superseding Order, the
Conservation Commission shall be a party to all agency proceedings and hearings before DEP.
11. Upon completion of the work described herein, the applicant shall submit a Request for Certificate of
Compliance(WPA Form 8A) to the Conservation Commission.
12. The work shall conform to the plans and special conditions referenced in this order.
13. Any change to the plans identified in Condition #12 above shall require the applicant to inquire of the
Conservation Commission in writing whether the change is significant enough to require the filing of a
new Notice of Intent.
14. The Agent or members of the Conservation Commission and the Department of Environmental
Protection shall have the right to enter and inspect the area subject to this Order at reasonable hours
to evaluate compliance with the conditions stated in this Order, and may require the submittal of any
data deemed necessary by the Conservation Commission or Department for that evaluation.
WPA Form 5
Rev.07N0 Page 3 of7
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 64-342
WPA Form 5 - Order of Conditions Provided by DEP
5 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
15. This Order of Conditions shall apply to any successor in interest or successor in control of the
property subject to this Order and to any contractor or other person performing work conditioned by
this Order.
16. Prior to the start of work, and if the project involves work adjacent to a Bordering Vegetated Wetland,
the boundary of the wetland in the vicinity of the proposed work area shall be marked by wooden
stakes or flagging. Once in place, the wetland boundary markers shall be maintained until a
Certificate of Compliance has been issued by the Conservation Commission.
17. All sedimentation barriers shall be maintained in good repair until all disturbed areas have been fully
stabilized with vegetation or other means. At no time shall sediments be deposited in a wetland or
water body. During construction, the applicant or his/her designee shall inspect the erosion controls
on a daily basis and shall remove accumulated sediments as needed. The applicant shall immediately
control any erosion problems that occur at the site and shall also immediately notify the Conservation
Commission, which reserves the right to require additional erosion and/or damage prevention controls
it may deem necessary. Sedimentation barriers shall serve as the limit of work unless another limit of
work line has been approved by this Order.
Special Conditions (use additional paper, if necessary):
See Attached
Findings as to municipal bylaw or ordinance
Furthermore, the Salem hereby finds (check one that applies):
Conservation Commission
❑ that the proposed work cannot be conditioned to meet the standards set forth in a municipal
ordinance or bylaw specifically:
Name Municipal Ordinance or Bylaw
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.
❑ that the following additional conditions are necessary to comply with a municipal ordinance or bylaw,
specifically:
Name Municipal Ordinance or Bylaw
The Commission orders that all work shall be performed in accordance with the said additional
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.
WPA Form 5 Page 4 of 7
Rev.02100
IL--
Massachusetts Department of Environmental Protection DEP File Number.
• Bureau of Resource Protection -Wetlands 64-3y2
1 WPA Form 5 — Order of Conditions Provided by DEP
5 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
Additional conditions relating to municipal ordinance or bylaw:
This Order is valid for three years, unless otherwise specified as a special condition pursuant to General
Conditions#4, from the date of issuance.
12, 2,odZ
Date
This Order must be signed by a majority of the Conservation Commission. The Order must be mailed by
certified mail (return receipt requested) or hand delivered to the applicant. A copy also must be mailed or
hand delivered me to the appropriate Department of Environmental Protection Regional
Office (see pendix d the property owner(if different from applioa ).
Signatures:
On VAv—�t\, Of teLe'.u..., 2,6sZ.
Day Month and Year
before me personally appeared
to me known to be the person described in and who executed the foregoing instrument and
ack wledged th the/s a exe Itted the sa Is/her free act and deed.
Notary Public My Commission Expires
This Order is issued to the applicant as follows:
❑ by hand delivery on IQ by certified mail, return receipt requested, on
t MCA I
Date Date
WPA Farts 5 Page 5 of 7
Rev.02100
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 64-342
Y WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Appeals
The applicant, the owner, any person aggrieved by this Order, any owner of land abutting the land subject
to this Order, or any ten residents of the city or town in which such land is located, are hereby notified of
their right to request the appropriate DEP Regional Office to issue a Superseding Order of Conditions.
The request must be made by certified mail or hand delivery to the Department, with the appropriate filing
fee and a completed Appendix E: 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.
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.
D. Recording Information
This Order of Conditions must be recorded in the Registry of Deeds or the Land Court for the district in
which the land is located, within the chain of title of the affected property. In the case of recorded land, the
Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land
subject to the Order. In the case of registered land, this Order shall also be noted on the Land Court
Certificate of Title of the owner of the land subject to the Order of Conditions. The recording information
on Page 7 of Form 5 shall be submitted to the Conservation Commission listed below.
Salem
Conservation Commission
VJPA Form 5 Page 6 of 7
Rev.02100
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection -Wetlands 64-342
Y WPA Form 5 - Order of Conditions Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Recording Information (cont.)
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:
116 Leach Street 64-342
Project Location DEP File Number
Has been recorded at the Registry of Deeds of:
County Book Page
for:
Property Owner
and has been noted in the chain of title of the affected property in:
Book Page
In accordance with the Order of Conditions issued on:
Date
If recorded land, the instrument number identifying this transaction is:
Instrument Number
If registered land, the document number identifying this transaction is:
Document Number
Signature of Applicant
WPA Form 5
Page 7 of 7
Rev.O?/00
Salem Conservation Commission
SPECIAL CONDITIONS—DEP FILE # 64-342
City of Salem, 116 Leach Street
I. The Conservation Agent will be notified 48 hours prior to commencement of construction activities(978-745-
9595 ext.311). Members and agents of the Salem Conservation Commission(Commission)shall have the right
to enter and inspect the premises to evaluate and ensure compliance with the conditions and performance
standards stated in this Order,the Notice of Intent,the referenced plans,the Act, and 310 CMR 10.00,and may
require any information, measurements,photographs,observation and/or materials or may require the submittal
of any data or information deemed necessary by the Commission,agent,or DEP determines that any of the
work is not in compliance with this Order of Conditions. Work shall not resume until the Commission is
satisfied that the work will comply,and has so notified the applicant in writing.
2. Approval of this application does not constitute compliance with any law or regulation other than MGL Chapter
131, Section 40, and Wetlands Regulations 310 CMR 10.00.
3. This Order shall apply to any successor in control or successor in interest of the property described in the Notice
of Intent and accompanying plans. These obligations shall be expressed in covenants in all deeds to succeeding
owners or portions of the property.
4. The form provided at the end of this Order shall be completed and stamped at the Registry of Deeds after the
expiration of the 10-day appeal period and within 30 days of the issuance if no request for appeal has been filed
with the Department of Environmental Protection. This form shall be returned to the Commission within 21
days of recording accordance and prior to commencement of any activities subject to the Order of Conditions.
5. Prior to any work commencing,a sign shall be displayed showing DEP file#64-342,and not placed on a living
tree.
6. 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.
7. 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 Corp 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
(3) Flood Plain
(4) Grading Ordinance
8. If there are conflicting conditions within this Order,the stricter condition(s)shall rule.
9. 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.
10. The Commission and its Administrator shall have the discretion to modify the erosion/siltation control methods
and boundary during construction if necessary.
11. All work shall be performed in accordance with this Order of Conditions and approved site plans(s). No
alteration of wetland resource areas or associated buffer zone, other than that approved in this Order,shall occur
on this property without prior approval from the Commission.
12. If any changes are made in the above-described plan(s)which may or will alter an area subject to protection
under the Wetlands Protection Act,or any changes in activity subject to regulations under G.L.Ch. 131,Section
40,the applicant shall inquire from this Commission in writing,prior to their implementation in the field,
whether the change(s)is significant enough to require the filing of a new Notice of Intent. Any error in the
plans or information submitted by the applicant shall be considered changes and the above procedures shall be
followed. A copy of such request shall at the same time be sent to the Department of Environmental Protection.
13. 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 signed statement 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.
14. Conditions number_NA_as indicated shall continue in force beyond the Certificate of Compliance, in
perpetuity,and shall be referred to in all future deeds to this property.
PRIOR TO CONSTRUCTION
15. Prior to commencement of any activity on this site,there shall be a PRECONSTRUCTION MEETING between
the project supervision;the contractor responsible for the work or its administrator to and phone numbers of all
responsible parties shall be registered with the Commission at the pre-construction meeting.
16. Prior to the pre-construction meeting and commencement of any activity on this site, sedimentation and erosion
control barriers shall be installed as shown on the approval plan(s)and detail drawings. The Commission and/or
its Administrator shall inspect and approve such installation at the pre-construction meeting.
17. Prior to the commencement of any activity on this site,the applicant or current landowner shall submit to the
Commission in writing a construction schedule/sequence of work to complete this project.
18. Prior to any work on site,the proposed limits of work shall be clearly marked with stakes or flags and shall be
confirmed by the Commission or its Administrator. Such markers shall be checked and replaced as necessary
and shall be maintained until all construction is complete. Workers shall be informed that no use of machinery,
storage of machinery or materials,stockpiling of soil or construction activity is to occur beyond this line at
anytime.
19. Prior to commencement of construction on site,the limits of wetland resource areas closest to construction
activity shall be flagged with surveyor's tape and shall remain in place during construction. The limits of areas
to be impacted and the limits of work in the replication area(s)shall be clearly flagged.
20. There shall be_NA_hay bales and wooden staked stored under cover on the site to be used only for emergency
erosion control.
EROSION CONTROL
21. Appropriate erosion control devices shall be in place prior to the beginning of any phases of construction,and
shall be maintained during construction in the wetland areas and buffer zones. The erosion control specification
provided in the Notice of Intent and the erosion control provision in the Order will be the minimum standards
for this project;additional measures may be required by the Commission.
22. All debris, fill and excavated material shall be stockpiled a location far enough away from the wetland resource
areas to prevent sediment from entering wetland resource areas.
23. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
24. The areas of construction shall remain in a stable condition at the close of each construction day.
t 25. Any de-watering of trenches or other excavations required during construction shall be conducted so as to
prevent siltation of wetland resource areas. All discharges from de-watering activities shall be filtered through
haybale sediment traps,silt filter bags or other means approved by the Commission or its Administrator.
26. Within thirty days of completion of construction on any given portion of the project,all disturbed areas in the
completed portion of the site shall be permanently stabilized with rapidly growing vegetative cover,using
sufficient top soil to assure long-term stabilization of disturbed areas.
27. If soils are to be disturbed for longer than two months,a temporary cover of rye or other grass should be
established to prevent erosion and sedimentation. If the season is not appropriate for plant growth, exposed
surfaces shall be stabilized by other appropriate erosion control measures,firmly anchored,to prevent soils
from being washed by rain or flooding.
DURING CONSTRUCTION
28. A copy of the Order of Conditions,construction plans,and copies of the documents and reports cited in
Condition# 11,shall be on the site upon commencement and during any site work for contractors to view and
adhere to.
29. Erosion and sedimentation control devices shall be inspected after each storm event and repaired or replaced as
necessary. Any accumulated silt adjacent to the barriers shall be removed.
30. Only clean fill, free of masonry,stumps,asphalt, and any other kind of waste material shall be used on the site.
31. All waste products,grubbed stumps,slash;construction materials,etc.shall be deposited at least 100 feet from
wetland resource areas and 200 feet from rivers.
32. All filling or removal of waste material from the site shall be done in accordance with the regulations of the
City of Salem Health Department.
33. Cement trucks shall not be washed out in any wetland resource or buffer zone area. Any deposit of cement or
concrete products into a buffer zone or wetland resource area shall be removed by hand.
34. No fuel,oil,or other pollutants shall be stored in any resource area or the buffer zone thereto,unless specified
in this Order of Conditions.
35. There shall be no pumping of water from wetland resource areas.
36. During construction,all drainage structures shall be inspected regularly and cleaned as necessary.
37. Immediately following drainage structure installation,all inlets shall be protected by silt fence,hayblae barriers
and/or silt bags to filter silt from stormwater before it enters the drainage system.
38. The project shall not cause an increase in run-off onto adjacent properties,either during construction or when
completed.
39. The applicant is hereby 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.
POST CONSTRUCTION
40. All disturbed areas,slopes and proposed landscape areas shall be loamed and seeded or stabilized through the
use of erosion control blankets or other approved means. All disturbed areas will be graded, loamed,and
seeded prior to November 1 of each year, if possible. No disturbed areas or stockpiled material will be left
unprotected or without erosion controls during the winter.
L�
41. Upon completion of construction,the applicant or current landowner shall submit the following to the
Commission to request a Certificate of Compliance:
(1) A letter requesting a Certificate including the following information:
a. Name and address of current landowner;
b. Name and address of the individual/trust or other entity to whom the Certificate is to be issued:
c. Street address and lot number for the project;and
d. DEP file number
(2) A letter from a Registered Professional Engineering or Land Surveyor certifying compliance of the
property with this Order of Conditions
(3) An"As-Built"plan signed and stamped by a Registered Professional Engineer showing post-construction
conditions and:
a. As-built elevations of all drainage ways constructed within 100 feet of any wetland resource area;
b. As-built elevations and grades of all filled or altered wetland resource areas,buffer zones and
replicated areas;and
c. Distances to all structures within 100 feet of any wetland resource area.
42. When issued,the Certificate of Compliance must be recorded at the Essex County Registry of Deeds.
43. 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.
44. Erosion control devices shall remain in place and properly functioning until all exposed soils have been
stabilized with final vegetative cover and the Commission and/or its Administrator has authorized their
removal.
45. The following condition(s)shall extend beyond the Certificate of Compliance, in perpetuity,and shall
be recorded as such on the Certificate of Compliance and in all future deeds to this property:
PERPETUAL CONDITIONS
46. There shall be no dumping of leaves,grass clippings,trash or any kind of refuse in the resource area.
47. Herbicides shall not be applied within 100 feet of the wetland.
48. No sodium-based products shall be used for control of ice or snow within 100 feet or the wetland.
ADDITIONAL CONDITIONS
49. Before work can commence,the Applicant shall obtain all the necessary Federal,State and Local permits and or
approvals needed to construct this project.
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Notice of Intent Application
Wetlands Protection Act and Salem Wetlands Protection By-Law
Proposal for:
' Addition to Single Family Residence at 116 Leach Street and
A Pile-Supported Pier at 118 Leach Street
' Submitted by Owner:
' Charles & Kathy O'Connell
116 Leach Street
tSalem, MA 01970
' November 14, 2002
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Charles R. O'Connell
116 Leach Street
Salem, MA 01970
October 31, 2002
Mr. Donald Cefalo
Senior Planner, Salem Conservation Commission
' 120 Washington Street
Salem, MA 01970
' RE: WPA Form 3 Notice of Intent Application -Property at 116/118 Leach Street
Dear Mr. Cefalo and Conservation Commission Members:
' I hereby submit, for your consideration, this Notice of Intent, which proposes
construction of a 14-foot by 16-foot addition to the house at 116 leach street and, a 6-foot
1 wide by 50-foot long pier(300 sq. ft.) at 118 Leach street.
The Addition would be built on 1-foot diameter footings and therefore does not require
' the excavation of a cellar hole, or the pouring of concrete foundation walls. The Addition
would rise 1-1/2 stories above what is currently a concrete slab and stairs to a cellar
entrance.
' The Pier would be supported by two existing piles that are part of the wooden seawall
' and six (6) to eight (8) new piles to be driven into the mud flats as illustrated on the plans
included with this N.O.I. The clearance under the pier would be the required five (5)feet
at high tide.
' Included with this filing are:
8 copies of the Notice of Intent and attachments (see list).
Application fee of$90.00 (chk#:5 ) for Wetlands Protection Act and local by-law
fees
' Please schedule this matter for your November 14, 2002 meeting if possible. You may
call me with any questions at 978-741-0359 (home).
Sincerely,
Charles R O'Co
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Charles R. O'Connell
116 Leach Street
Salem, MA 01970
List of Documents to Accompany the Notice of Intent
File Number
' i. Site plans, 8-1/2" x 11" self-prepared.
' 2. Wetland Impact Assessment Narrative
' 3. Abutters List (properties within 100 feet)
' 4. Abutters Notification Form
' 5. Receipts for Certified Mail to Abutters and D.E.P.
' 6. Filing Fee Information & Payment
' 7. Copies of Checks to City and State
' Map List
' 1. USGS Salem Quad.
2. Assessors Map
3. Wetlands Map
' 4. Flood Zone Map
' S. Rare Wetlands Wildlife Habitat Map
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Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 So llem
' A. General Information
' Important:
When filling out 1. Applicant:
forms on the Charles R. and Kathy O'Connell
' computer, use Name E-Mail Address
only the tab
key to move 116 Leach Street
your cursor- Mailing Address
' do not use the Salem MA 01970
return key. Cityrrown State Zip Code
978-741-0359
Phone Number Fax Number(if applicable)
' 2. Representative (if any):
None
' Finn
Note: Contact Name E-Mail Address
Before
' completing this Mailing Address
form consult
your local Conservation Cityrrown State Zip Code
'
Commission
regarding any Phone Number Fax Number(if applicable)
municipal bylaw
or ordinance. 3. Property Owner(if different from applicant):
' -Same-
Name
' Mailing Address
Cityrrown State Zip Code
' 4. Total Fee:
$65.00 (srAr&) i- 41o,00 (cr+r of .Sa jem)
(from Appendix B:Wetland Fee Transmittal Form)
5. Project Location:
116 Leach Street Salem
Street Address Cityrrown
033 0546 & 0547
Assessors Map/Plat Number Parcel/Lot Number
' 6. Registry of Deeds:
Essex °P 3 S 12 3
' County Book Page
Certificate(if Registered Land)
' v aforrn4.tloc•rev.12/16/00 Page 1 of 8
Massachusetts Department of Environmental Protection DEP File Number:
' ILI Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
' Town
A. General Information (cont.)
' 7. Summary of Project Impacts:
' a. Is any work being proposed in the Buffer Zone?
® Yes If yes, how many square feet?
' 224
Square Feet
❑ No
1 b. List the impacts of proposed activities on each wetland resource areas (temporary and permanent
impacts, prior to restoration and mitigation):
' Resource Area Size of Impact(e.g., sq. ft.)
' Mud Flats 6.3 sq. ft.
B. Project Description
1. General Project Description:
Addition of 224 sq. ft., built on footings (no cellar),to existing house within buffer zone. 4iWpiles to
' be driven into the mud flats to support a pier as shown on plan.
t2. Plan and/or Map References:
Plan to Accompany Petition of Charles R. & Kathy O'Connell Nov 2, 2-C3O 2
Title Date
(plan view and profile view on 8-1/2" by 11"sheets) Nov 2 'Z yaZ
Title Date
' vpaforniMm•rev.1 VI1 00
Page 2 0l 8
Massachusetts Department of Environmental Protection DEP File Number:
' Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
' C. Activities Subject to Regulation Town
' 1. a. Check the applicable resource areas if work is to be conducted in an associated Buffer Zone:
' Inland Resource Areas Coastal Resource Areas
❑ Inland Bank ® Coastal Beach ❑ Barrier Beach
' ❑ Bordering Vegetated Wetland (BVW) ❑ Rocky Intertidal Shore ❑ Coastal Dune
❑ Salt Marsh ❑ Coastal Bank
' b. Complete for all pkroposed activities located, in whole or in part, in Wetland Resource Area(s).
tInland Resource Areas:
' Bordering Vegetated Wetlands: Bordering Land Subject to Flooding:
Square Feet altered Volume of Flood Storage Lost(cubic feet)
' Square Feet replaced Volume of Flood Storage Compensation(cubic feet)
Land Under Water Bodies: Isolated Land Subject to Flooding:
Square Feet altered Volume of Flood Storage Lost(cubic feet)
' Cubic Yards dredged Volume of Flood Storage Compensation(cubic feet)
Bank:
tLinear Feet altered
' Coastal Resource Areas:
' Coastal Dune: Land Under Salt Pond:
Square Feet altered Square Feet altered
' Cubic Yards/Volume removed Cubic Yards dredged
Salt Marsh: Rocky Intertidal Zone:
' Square Feet altered Square Feet altered
Coastal Bank: Designated Port Area:
Linear Feet altered Square Feet altered
I ' wpafornildoc•rev.12/15/00 Page 3 of 8
Massachusetts Department of Environmental Protection DEP File Number:
1 Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 SOalleem
C. Activities Subject to Regulations (cont.)
Fish Run: Land Containing Shellfish:
6.3 sq. ft.
' Linear Feet altered Square Feet altered
Land Subject to Coastal Storm Flowage: Beach:
224
Square Feet altered Square Feet altered
Land Under Ocean:
Square Feet altered
Cubic Yards dredged
II ' Riverfront Area:
a. Name of Waterway (if available):
N/A
b. Width of Riverfront Area(check one):
' ❑ 25 ft. - Designated Densely Developed Areas only
❑ 100 ft. - New agricultural projects only
' ❑ 200 ft. -All other projects
' c. Describe how the Mean Annual High-Water Line was determined:
d. Distance of proposed activity closest to the Mean Annual High-Water line:
' Feet
e. Total area of Riverfront Area on the site of the proposed project:
' Square Feet
' f. Proposed alteration of the Riverfront Area:
Total Square Feet Square Feet within 100 ft. Square Feet between 100 ft.and 200 ft.
' wpafortn3.tloo•rev.12/15/00 Page 4 of 8
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent
Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
C. Activities Subject to Regulation (cont.)
' 2. Check all methods used to delineate the Bordering Vegetated Wetland (BVW) boundary:
❑ Final Order of Resource Area Delineation issued by Conservation Commission or DEP (attached)
t ❑ DEP BVW Field Data Form (attached)
❑ Final Determination of Applicability issued by Conservation Commission (attached)
❑ Other Methods for Determining the BVW boundary(attach documentation):
' ❑ 50%or more wetland indicator plants
❑ Saturated/inundated conditions exist
❑ Groundwater indicators
❑ Direct observation
' ❑ Hydric soil indicators
❑ Credible evidence of conditions prior to disturbance.
3. a. Is any portion of the proposed project located in estimated habitat as indicated on the most
recent Estimated Habitat Map of State-Listed Rare Wetland Wildlife published by the Natural
Heritage and Endangered Species Program?
❑ Yes If yes, include proof of mailing or hand delivery of NOI to
' Natural Heritage and Endangered Species Program
Division of Fisheries and Wildlife
Route 135, North Drive
Westborough, MA 01581
® No
1997 Date
Date of Map
b. Is any portion of the proposed project within an Area of Critical Environmental Concern (ACEC)?
I ' ❑ Yes If yes, provide name of ACEC (see Appendix D for ACEC locations):
' ACEC
® No
' c. Is any portion of the site subject to a Wetlands Restriction Order under the Inland Wetlands
Restriction Act(M.G.L. c. 131, §40A) or the Coastal Wetlands Restriction Act (M.G.L. c. 130, § 105)?
' ❑ Yes
® No
' wpafamO.doc•rev.12/15/00 Page 5 of 8
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
' D. Performance Standards Town
' 1. Is any portion of the proposed activity eligible to be treated as a limited project subject to 310 CMR
10.24 or 310 CMR 10.53?
' ❑ Yes If yes, describe which limited project applies to this project:
Limited Project
' ® No
2. Is any activity within any Resource Area or Buffer Zone exempt from performance standards of the
wetlands regulations, 310 CMR 10.00.
' ❑ Yes If yes, describe which exemption applies to this project:
' Exemption
® No
3 a. Is the project located in the Riverfront Area?
❑ Yes If yes, indicate the proposed project purpose:
' ❑ Single Family House ❑ Industrial Development
1 ❑ Residential Subdivision ❑ Commercial Development
❑ Transportation ❑ Other(describe)
l b.Was the lot where the activity is proposed created prior to August 1, 1996?
® Yes
' ❑ No
4. a. Describe 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. Attach
' narrative and supporting documentation.
b. Is this project exempt from the DEP Stormwater Policy?
Yes If yes, explain why the project is exempt::
Project is an addition to an existing dwelling. Pier is exempt because it is a pier.
❑ No If no, stormwater management measures are required. Applicants are encouraged to
complete Appendix C: Stormwater Management Form and submit 't with this form.
'. wpaform3.doc•rev.12/15/00
Page 6 of 8
Massachusetts Department of Environmental Protection DEP File Number:
Bureau of Resource Protection - Wetlands
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Soalem
1
E. Additional Information
Applicants must include the following with this Notice of Intent(NOI):
• 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.
• 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.
• Other material identifying and explaining the determination of resource area boundaries shown on
plans (e.g., a DEP BVW Field Data Form).
• List the titles and final revision dates for all plans and other materials submitted with this NOI.
F. Fees
' The fees for work proposed under each Notice of Intent must be calculated and submitted to the
Conservation Commission and the Department(see Instructions and Appendix B. Wetland Fee
Transmittal Form).
No fee shall be assessed for projects of the federal government,the Department, or cities and towns of
the Commonwealth.
Applicants must submit the following information (in addition to pages 1 and 2 of Appendix B) to confirm
fee
i payment:
/ 1
' ` 52 i (City of Salem) &4SI8(Comm. of Mass) 1110VC1413Cl2 2 i 2002
Check Number Check date
1 Charles and Kathy O'Connell -Same-
Payor name on check Applicant name(if different from payor)
' G. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents, and supporting data are true and complete to the best of my knowledge. I understand
that the Conservation Commission will place notification of this Notice in a local newspaper at the
expense of the applicant in accordance with the wetlands regulations, 310 CMR 10.05(5)(a).
I further certify under penalties of perjury that all abutters were notified of this application, pursuant to the
requirements of M.G.L. c. 131, §40. Notice must be made in writing by hand delivery or certified mail
(return receipt requested) to all abutters within 100 feet of the property line of the project location.
Signature of Applicant Date
' Signature of Property Owner(if different) Date
Signature of Representative(if any) Date
twpaform3.dx•rev.12/15/00 Page 7 of 8
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Massachusetts Department of Environmental Protection DEP File Number:
r Bureau of Resource Protection - Wetlands
i
WPA Form 3 — Notice of Intent Provided by DEP
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Salem
rwn
G. Signatures and Submittal Requirements (cont.)
r For Conservation Commission:
Two copies of the completed Notice of Intent (Form 3), including supporting plans and documents;two
copies of pages 1 and 2 of Appendix B; and the city/town fee payment must be sent to the Conservation
rCommission by certified mail or hand delivery.
For DEP:
r Two copies of the completed Notice of Intent(Form 3), including supporting plans and documents; two
copies of pages 1 and 2 of Appendix B; and a copy of the state fee payment must be sent to the DEP
Regional Office (see Appendix A) 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.
r 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.
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Page 8 of 8
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Massachusetts Department of Environmental Protection
t Bureau of Resource Protection - Wetlands
WPA Appendix A — 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 ion Adams Colrain Hampden Monroe Pittafeld Tynngham
436 Dwight Get Agawam Conway Hancock Montague Plainfield Wales
Alford Cummington Hatfield Monterey Richmond Were
Suite 402 Amherst Dalton Hawley Montgomery Rowe Warwick
Springf d,MA 01103 Ashfield Deerfield Heath Monson Russell Washington
' Pho :413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell
Beichert. East Longmeadow Holland New Ashford Savoy Westfield
F .413-784-1149 Bemardston Egremont Holyoke New Marlborough Sheffield Westhampton
Bleadford Erving Huntington New Salem Shdbume West Springfield
Bnmfeld Florida Lanesborough North Adams Shrewsbury West Stockbridge
Buckland Gill Lee Northampton Southampton Whately
Chademont Goshen Lenox Northfield South Hadley Wilbraham
Cheshire Granby Leveretf Orange Southwick Williamsburg
Chester Grenville Leyden Otis Springfield Williamstown
Chesterfield Great Barrington Longmeadow Palmer Stockbridge Windsor
Chicopee Greenfield Ludlow Pelham Sunderland Worthington
Clarksburg Hadley Middlefield Peru Tolland
DEP Central gion Anton Chariton Hopkinton Millbury Bullard Oxbridge
627 Main Bel Ashbumham Clinton Hubbartlstcn Miltville Shirley WarrenAshby Douglas Hudson New Braintree Shrewsbury Webster
' WDrDes MA O'608 Athol Dudley Holliston Nouhborough Southborough Westborough
he .50$-792-7650 AuburnDunstable Lancater Northbridge Southbridge West Boylston
F .508-792-76 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield
Barre Fitchburg Leorninster Oakham Sterling Westford
D:508-767-2788 Bellingham Gardner Littleton Oxford Stow Westminster
t Berlin Grafton Lunenburg Paxton Sturbridge Winchendon
Blackstone Groton Marlborough Pepperell Sutton Worcester
Bolton Harvard Maynard Petersham Templeton
Boxboough Hardwick Medway Phillipston Townsend
Boylston Hold. Mention Princeton Tyngsborough
Brookfield Hopedale Milford Royalston Upton
DEP Southea egion Abington Dartmouth Freetown Mattapoisetl Provincetown Tisbury
20 RIversid rive Acushnet Dennis Gay Head Middleborough Raynham Truro
Adleboro Dighton Gosnold Nantucket Rehoboth Wareham
' XFa8-9847-65!57
A 02347 Avon Duxbury Halifax NewBedford Rochester Wellfeet
-946-2700 Barnstable Eastham Hanover North Anleborough RocklarM West Bridgewater
Berkley East Bridgewater Hanson Norton Sandwich Westport
Boume Easton Harwich Norwell Scituate West Tisbury
46-2795 Brewster Edgartown Kingston Oak Bluffs Seekonk Whitman
Bridgewater Fairhaven Lakeville Orleans Sharon Wrentham
' Brockton Fall River Mansfield Pembroke Somerset Yarmouth
Carver Falmouth Marion Plainville Stoughton
Chatham Foxborough Marshfield Plymouth Swansea
Chilmark Franklin Mashpee Plyrrpton Taunton
' DEP Northeast Region Amesbury Chelmsford Hingham Mani Quincy Wakefield
205 Lowell Street Andover Chelsea Holbrook Methuen Randolph Walpole
Arlington Cohasset Hull Middleton Reading Waltham
Wilmington,MA 01887 .Ashland Concord Ipswich Millis Revere Watertown
Phone:978-661-7600 Bedford Danvers Lawrence Milton Rockport Wayland
' Belmont Dedham Lexington Nahant Rowley Fax: 978-661-7615 y Wellesley
Beverly Dover Lincoln Natick —�j Salem We
TDD:978-661-7679 Billerica Dracut Lowell Needham Salisbury Westst Newbury
Boston Essex Lynn Newbury Saugus Weston
Boxford Everett Lynnfield Newburyport Sherbom Westwood
Braintree Framingham Malden Newdon Somerville Weymouth
' Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmington
Budinglon Gloucester Marblehead North Andover Sudbury Winchester
Cambridge Groveland Medfield North Reading Swampscott Winthrop
Canton Hamilton Medford Norwood Tewksbury Woburn
Carlisle Haverhill Melrose Peabody Topsfiefd
1
' WpamrmS.doc•Appendix A•rev.1122100
Page 1 011
' C, NORTH LICENSE NO.
BQ� l Approved by Department of Environmental Protection
Date:
er 14,C
Ae'a^ LoW Sh ttan Derby Wharf
16 PCY IN
PILES (10X) 20' LONG ✓ e
PRESSURE TREATED r _
12' DIA. AT TOP P ^SALEM
6' WIDE DECK r"`�^ SOUTH Fore HARBOR
. .r
. ..� �� SALEM r
i-w-. 1^ Par {�
�1 ~¢ V
16'-31 �w ssc o
50' Water (MNW)
�^ Mean High MARBLEHEAD
Existing Seawall LOCUS MAP
& Fill Licence
See Note 0
19' 8'x15' Note.
25' Cabana
t MAP #3347-71 Existing Seawatt &
8'x15' 14 PROPOSED
DITION Fill Permit M.6•L c•91
Tool Shed Licence No. 7129
Qc� Recorded 5/5/98
Reg, of Deeds
' LOT #0546 Bk14786 Pg129-133
L3
MAP #33 Q� e�e DEP file #64-268
�4Qyd Approved 3/20/98
L DEP Application No.
" W97-8738
tQ idewa
I-f--50' LEACH STREET PLAN VIEW
(Scalei 1'=30')
0 7,5 15 30 60
PURPOSE, SIMPLIFIED LICENSING Mw
' ADJACENT PROPERTYOWNERS PLAN ACCOMPANYING Proposed 300 S Ft. Pier
1. 106 Leach Street: p q•
Karen Shepard - Unit 1 PETITION OF: IN Salem Harbor
Mary Ungaro - Unit 2 AT Salem
' Rand M, Reid - Unit 3 Charles & Kathy ❑'Connell
Y COUNTY 0F, Essex STATES MA
2. Roger E, Marcorelle 116 Leach Street
171 Jersey St, Marblehead Salem MA 01970 APPLICATION BY Charles
3. John R, Gillespie Jr, and Kathy O'Connell
' 120 each Street SHEET 1 OF 2 DATE: 2 Nov 2002
LICENSE NO,
Approved by Department of Environmental Protectio
Date
1
GLENDALE
COVE
PROPOSED BEAM ACROSS
TWO FREE-STANDING PILES
FOR SEASONAL FLOAT AND GANGWAY
TWO PILES FOR STABILIZATION OF
PROPOSED WNAFD GANGWAY
5'-7' 300 SO. FT.
clearance DECK
77 ]] VF L� CMHW=8.72')
(MLW=0,0')
Salem CI y Base = Mean Low Water
PROFILE VIEW
' (Scale 1'=20')
0 10 20 40
ADJACENT PROPERTY OWNERS;
1. 106 Leach Street; PLAN ACCOMPANYING Proposed 300 Sq. Ft, Pier
Karen Shepard - Unit 1 PETITION OF; IN Salem Harbor
Mary Ungaro - Unit 2 AT Satem
Randy M. Reid - Unit 3 Charles & Kathy O'Connell COUNTY OR Essex STATE; MA
2. Roger E. Marcoretle 116 Leach Street
171 Jersey St, Marblehead Salem, MA 01970 APPLICATION BY; Charles
3, John R, Gillespie Jr, and Kathy O'Connell
120 Leach Street SHEET 2 OF 2 DATE; 2 Nov 2002
Wetland Impact Assessment
' Discussion of Proposed Work Conditions
and Wetland Resource Areas
Introduction
' The property is located at 118 Leach Street in Salem,MA(aka Map#33,Lot#0546). The
subject parcel is a rectangular lot with 50' parallel to Leach Street, 50' frontage on
' Glendale Cove in Salem Harbor, and 105' along each side, which it shares with abutters.
The abutter to one side is the O'Connell residence;to the other side is the residence of
John R. Gillespie Jr. The lot is currently a vacant house lot, except for a small tool shed.
tA deeded right of way to #120 Leach Street(Mr. Gillespie)runs across one end of the lot.
The project proposes to build a 16' by 14' addition to the existing single family residence
' at 116 Leach Street. This addition,built as shown on the plans, would be supported by
three new 6"x6"pressure treated posts on footings. The footings would be concrete of
12"diameter by 4' depth. No excavation will be required except fbithese footings.
' The project also proposes to build a 6' wide by 50' long pile-supported pier in flowed
tidelands, which would extend out into Glendale Cove from the seawall. Two of the
existing piles, which support the existing wooden bulkhead, would be utilized as the start
point of the pier. Additional piles would be driven into the mud flats as shown on the
plan.
The property has deeded interest in the mud flats and a deeded ch.91 license to maintain a
' seawall and fill recorded in 1997.
Hydrology and Wetland Resource Areas
The Flawed Tidelands are awash with seaweed from time to time but I do not believe
these constitute`Bordering Vegetated Wetlands". The topology is mostly rocks, sand,
and mud which are all under water at high tide. I had a professional assessment done by
Gulf of Maine Research Center in 1997 when I obtained a chapter 91 license to maintain
the seawall. They did not find any`Bordering Vegetated Wetlands" at that time.
' Site vegetation, Topography and Soils
1 The Filled Tidelands(my back yard) are covered with grass,bushes, and other plantings.
A gravel driveway is about the only feature on this level lot. Some of the soil adjacent to
the seawall has been excavated to prevent erosion while ongoing repair work is performed
' on the seawall.
' Rare Species
Gulf of Maine Research Center previously established that there are no"estimated habitats
' of rare wetlands wildlife"or"certified vernal pools"on or near the subject parcel. Rock
crabs, hermit crabs,barnacles, muscles, clams, razor clams, oysters and snails
(periwinkles) can be seen at low tide. I don't believe there will be any noticeable impact
t upon the habitat of these creatures from the piles driven or the shade cast upon the beach
by the proposed pier.
' Proposed Work
Addition to house:
' Three 12"diameter sono-tubes will be buried 4' deep and filled with poured concrete.
' Pressure treated framing attached to the house would be supported by 6"x6"posts on the
concrete footings. A 1-112 story wood-framed addition would be constructed.
' Pier Construction:
Driving of 10 piles into the mud flats. Each pile would be approx. 12 inches
Diameter by 20 feet long pressure treated as is typical at Palmer Cove Yacht Club or
Hawthorne Cove Marina. I have spoken to North Shore Marine who operates a barge-
mounted pile driver and they could install these piles.
Other Lumber for the pier, such as pressure treated 4"x 12"x 16 ft would be delivered to
the site and stored in the yard until needed. These pieces would be cut to size and pre-
drilled for fasteners (bolts)while in the yard.
Erosion Controls
A siltration barrier and hay bales would seem unnecessary as the work in the buffer zone is
merely the cutting and drilling of wooden beams and boards. I have no objection to such
controls but am unsure how they could be used effectively. The proposed work would not
cause or contribute to any erosion. The current seawall is a wooden bulkhead which
' already rises above the level of the yard and would contain any runoff of silt created by
heavy rainfall.
1
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ParcellD Location Owner Co-Owner Mailing Address City State Zip
33-0415-0 121 LEACH STREET GIBNEY PATRICK 2408 FERN CIRCLE CT RALEIGH NO 27613
33-0542.0 107 LEACH STREET POTHER REALTY TRUST OF 1997 POTHIER HOWARD TR 107 LEACH STREET SALEM MA 01970
33-0543-0 111 LEACH STREET MEDROS BRUCE R MARY ANNE 109 LEACH ST SALEM MA 01970
33-0544-0 117 LEACH STREET CLAVEAU GEORGE CONSTANCE 117 LEACH ST SALEM MA 01970
33-0545-0 120 LEACH STREET GILLESPIE JOHN R JR 120 LEACH STREET SALEM MA 01970
33-0546-0 118 LEACH STREET OCONNELL CHARLES R OCONNELL KATHY A 116 LEACH ST SALEM MA 01970
33-0547-0 116 LEACH STREET OCONNELL CHARLES R OCONNELL KATHY A 116 LEACH ST SALEM MA 01970
33-0548-0 110 LEACH STREET - MACKS REALTY TRUST MARCORELLE ROGER E TR 171 JERSEY STREET MARBLEHEAD MA 01945
33-0549-801 106 LEACH STREET SHEPARD KAREN A 106 LEACH ST U1 SALEM MA 01970
33-0549.802 106 LEACH STREET UNGARO MARY 106 LEACH ST U2 SALEM MA 01970
33-0549-803 106 LEACH STREET REID RANDY M 106 LEACH ST U3 SALEM MA 01970
33-0550-0 102 LEACH STREET JORDAN ADAM 102 LEACH ST SALEM MA 01970
33-0555-0 11 GLOVER STREET BOUDREAU JEAN C LINDA J 11 GLOVER ST SALEM MA 01970
33-0758.0 119 LEACH STREET CLAVEAU CONSTANCE LEBLANC MARIE L 117 LEACH STREET SALEM MA 01970
End of Report
Notification to Abutters Under the Massachusetts Wetlands Protection Act
II ' In accordance with the second paragraph of the Massachusetts General Laws Chapter
131, Section 40, you are hereby notified of the following:
' A. The name of the applicant is Charles R. O'Connell
B. The applicant has filed a Notice of Intent with the Conservation Commission for
' the Municipality of Salem,MA seeking to alter an area subject to
protection under the Wetlands Protection Act(Chapter 131, Section 40).
' Activities Proposed:
1. Build a 14-Foot by 16-foot addition at 116 Leach Street.
2. Construct a pile-supported 300 sq. ft. pier at 118 Leach Street.
C. The address of the lot where the activity is proposed is: _Leach Street Map
' #33, Lot#0547 &0546, Property known as 116/118 Leach Street
D. Copies of the Notice of Intent may be examined at :
Salem Conservation Commission at 120 Washington Street
' between the hours of: 8:00 AM and 4:00 PM on the following days of the
week: _ M-W also 8:OOAM to 7:OOPM on Thurs, 8:00 to 12:00 on Friday.
E. Copies of the Notice of Intent may be obtained for a fee from the applicant at
t 116 Leach Street by calling this telephone number 978-741-0359
F. Information regarding the date, time, and place of the public hearing may be
obtained from: Salem Conservation Commission by calling the telephone
' number: 978-745-9595 between the hours of: 8:00 AM and 4:00 PM on
the following days of the week: M-W also 8:OOAM to 7:OOPM on
Thursday,8:00 to 12:00 on Friday.
' NOTE: Notice of the public hearing, including its date, time and place will be published
at least five (5) days in advance in the_Salem Evening News
' NOTE: Notice of the public hearing, including its date, time and place will be posted in
the City or Town Hall not less than forty-eight(48) hours in advance.
' NOTE: You also may contact your local Conservation Commission or the nearest
Department of Environmental Protection Regional Office for more information about this
' application or the wetlands Protection Act.
To contact DEP. call:
' Central Region: 508-792-7650 Northeast Region: 978-661-7600
Southeast Region: 508-946-2800 Western Region: 413-784-1100
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' rqe�O cAIVI/�Pa Q 11/64/02 08:28AM
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SERVICES
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Subtotal 57.59
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Number of Items Sold: 3
' Thank You
Window hours 8 AM-5 PM, Sat 8 AM- 1 PM
t
r
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Appendix B — Wetland Fee Transmittal Form
' Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Important: A. Applicant Information
When filling out
forms on the 1. Applicant:
computer,use only the tab Charles R. and Kathy O'Connell
key to move Name
your cursor- 116 Leach Street
do not use the Mailing Address
' return key. Salem MA 01970
Cityrrown State Zip Code
"D 978-741-0359
Phone Number
I ' 2. Property Owner(if different):
-Same-
II ' Name
Mailing Address
' Cityrrown State Zip Code
Phone Number
' 3. Project Location:
116/118 Leach Street Salem
' Street Address Citylrown
B. Fees
To calculate
filing fees, refer Abbre •ated Notice of Resource Area Delineation (Form 4A):
' to the category
fee list and The fee is ca ated as follows (check applicable project type):
examples in
Section D of
' this form. sing amity house project
X$1.00=
(feet of BVW) - Total fee(not to exceed$100)
' ❑ all other projects
X$1.00=
(feet of BVW) Total fee(not to exceed$1,000)
State sh of filling fee:
(1/2 of total fee less$12.50)
City/Town share of filling f
' (1 total fee plus$12.50)
' Wpaforaa.dw•ApwnGx B•rw.1=9/02 Pawl of 6
Massachusetts Department of Environmental Protection
i ' Bureau of Resource Protection - Wetlands
WPA Appendix B — Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Fees (cont.)
' Abbreviated Notice of Intent(Form 4)or Notice of Intent(Form 3):
The fee should be calculated using the following six-step process and worksheet:
' Step 1rrype of Activity: Describe each type of activity (see Section D for a list of activities)that will
occur in wetland resource area and buffer zone.
Step 2/Number of Activities: Identify the number of each type of activity.
Step 3/Individual Activity Fee: Identify each activity fee from the six project categories in Section D.
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 5lrotal Project Fee: Determine the total project fee by adding the subtotal amounts from Step 4.
' Step Wee 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.
' Step 1lrype of Activity Step 2/Number Step 3/Individual Step 4/Subtotal
of Activities Activity Fee Activity Fee
Category 5- Pier (50'x$2/l.f.) 1 $100.00 $100.00
Category 1 -Addition to house 1 $55.00 $55.00
1 Step 5/Total Project Fee:$155.00
' Step 6/Fee Payments:
Total Project Fee:$155.00
' (Total fee from Step 5)
State share of filing fee:$65.00
(1/2 total fee less$12.50)
' City/Town share of filling fee:$90.00
(1/2 total fee plus$12.50)
' W pafomaldw•Appench B•rev.1029/02 Page 2 of 6
LEIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Appendix B — Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Submittal Requirements
I ' 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,
a copy of pages 1 and 2 of this form; and
the city/town fee payment.
' c.) To DEP Regional Office(see Appendix A): Send the Notice of Intent, '
I ; a copy of pages 1 and 2 of this
form; and a copy of the state fee payment.
' D. Calculating Wetland Filing Fees
The wetland filing fee should be calculated using the following steps. The examples listed for each step
are based on a project that involves two driveway crossings through a Riverfront Area and Bordering
Vegetated Wetland and six single family houses in Riverfront Area only.
Step 1/Type of Activity: Review plans and narrative to identify each activity in wetland resource areas
and Buffer Zones. Example: driveway crossing and construction of a single family house.
Step 2/Number of Activities: Determine the number of each activity associated with the project.
Example: driveway crossings and 6 single family homes
Step 3/Individual Activity fee: List the fee amount for each category of activity (see Category
Activities and Fee on page 4) Example: Driveway crossing is a Category 2(f.) activity and is$250
each. Construction of a single family house is a Category 2(a.) activity and is$250 each.
' Step 4/Subtotal Activity Fee: Determine the subtotal fee for each type of activity by multiplying the fee
for the activity (Step 3) by the number of activities (Step 2). If the activity is within the Riverfront
Area as well as another resource area or Buffer Zone, add 50%to total fee (e.g., multiply the fee by
1.5). If the activity is located in a Riverfront Area only, apply the fee amount for the category without
the additional 50%. Example: 2 (driveway crossings in BVW) x$250 x 1.5 (for riverfront area) _
$750; 6 (single family homes) x$250=$1,500.
Step 5/Total Project Fee: Add all the subtotals identified in Step 4 to determine the total fee. Example:
$750 +$1,500=$2,250.
Step 6/Fee Payments: The state share of the fee is 50% of any filing fee in excess of$25 (i.e., the
state share can be determined by dividing the total fee in half and subtracting$12.50);the
remaining portion of the fee shall be made to the city or town (i.e., the Cityfrown share can be
' determined by dividing the total fee in half and adding $12.50). Example: City/Town share:
$1,137.50; state share: $1,112.50.
' W paforrnMoc•Appendix B•rev.10/29/02
Page 3 of 6
1
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Appendix B — Wetland Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
' D. Calculating Wetland Filing Fees (cont.)
i ' Category Activities and Fees
Category 1 (Fee for each activity is $55):
a.) work on single family lot; addition, pool, etc.;
b.) site work without a house;
c.) control vegetation;
d.) resource improvement;
' e.) work on septic system separate from house;
f.) monitoring well activities minus roadway;
g.) new agricultural or aquaculture projects.
' Category 2 (Fee for each activity is$250)
a.) construction of single family house;
b.) parking lot;
c.) beach nourishment;
d.) electric generating facility activities;
e.) inland limited projects minus road crossings and agriculture;
t f.) each crossing for driveway to single family house;
g.) each project source (storm drain) discharge;
h.) control vegetation in development;
i.) water level variations;
' j.) any other activity not in Category 1, 3, 4, 5 or 6;
k.) water supply exploration.
Category 3 (Fee for each activity is$525)
a.) site preparation (for development) beyond Notice of Intent scope;
d.) each building (for development) including site;
c.) road construction not crossing or driveway;
d.) hazardous cleanup;
a.) water supply development.
Category 4 (Fee for each activity is$725):
a.) each crossing for development or commercial road;
b.) dam, sluiceway, tidegate (safety) work;
c.) landfills operation/closures;
t d.) sand and gravel operations;
a.) railroad line construction;
f.) bridge;
g.) hazardous waste alterations to resource areas;
t h.) dredging;
i.) package treatment plant and discharge;
j.) airport tree clearing;
tk.) oil and/or hazardous material release response actions.
to. Category 5 (Fee is$2 per linear foot;total fee not less than $50 or more than $1,000):
a.) work on docks, piers, revetments, dikes, etc. (coastal or inland).
Category 6 (Fee is$1 perlinear near foot; but not to exceed$100 for activities associated with a single
family house or$1,000 for all other activities)
a.) boundary delineations for Bordering Vegetated Wetlands.
' Wpatonn1doc•Appendix B-rev.10129/02
Page 4 of 6
t• CHARLES R O CONNELL os as 53-179/1,3 °tx 4 5 2 4
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Massachusetts Department of Environmental Protection W025950
' Bureau of Resource Protection - Waterways Regulation Program Transmittal No.
Chapter 91 Waterways License Application -310 OMR 9.00
SIMPLIFIED,WATER-DEPENDENT,NONWATER-DEPENDENT,AMENDMENT
' A. Application Information (Check one)
' Name(Complete Application Sections) Check One Fee Application#
SIMPLIFIED-
' For assistance Water-dependent and
in completing Nonwater-dependent(A-E) ® Residential with <4 units $50.00 BRP W WO6a
this application,
see- The ❑ Other $50.00 BRP WW06b
' Waterways
Application WATER-DEPENDENT-
"How to Apply
Guide" General (A-H) ❑ Residential with <4 units $100.00 BRP WW01a
❑Other $250.00 BRP WWOib
' ❑ Extended Term $2500.00 BRP WW01c
_.._._----------- . ---------._.._.----------------._.._.-----------------------
Amendment(A-H) ❑ Residential with <4 units $50.00 BRP WW03a
' ❑ Other $100.00 BRP WW03b
NONWATER-DEPENDENT-
' , Full(A-H) ❑ Residential with <4 units $500.00 BRP WW15a
❑ Other $1500.00 BRP WW15b
❑ Extended Term $2500.00 BRP WW15c
............................................. ..__----................----------.._.._.._---_.._..-------------
' Partial(A-H) ❑ Residential with <4 units $500.00 BRP WW 14a
❑ Other $1500.00 BRP WW14b
' ❑ Extended Term $2500.00 BRP WW14c
Municipal Harbor Plan (A-H) ❑ Residential with <4 units $500.00 BRP WW 16a
' ❑ Other $1500.00 BRP WW16b
' ❑ Extended Term $2500.00 BRP W W 16c
_-------- - -----------------------------._.._.._..--------------------.._.._.._..------
Joint MEPA/EIR(A-H) ❑ Residential with <4 units $500.00 BRP WW 17a
' ❑ Other $1500.00 BRP WW17b
❑ Extended Term $2500.00 BRP W W 17c
_._. ------- _.._..-
Amendment(A-H) ❑ Residential with <4 units $250.00 BRP WW03c
' ❑ Other $750.00 BRP WW03d
❑ Extended Term $1000.00 BRP WW03e
Rev. APpA01 Page 1 of 17
Massachusetts Department of Environmental Protection w025950
' Bureau of Resource Protection - Waterways Regulation Program Transmittal No.
Chapter 91 Waterways License Application -310 CMR 9.00
SIMPLIFIED,WATER-DEPENDENT,NONWATER-DEPENDENT,AMENDMENT
' B. Applicant Information Proposed Project/Use Information
' 1. Applicant:
Note: Please VMRLw & THY - ='CONNE`
refer to the Name E-mail Address
' WaterwaysLEG $TREE
Application Mailing Address
"How to SALEM Is M
' Apply"Guide Cdy/rown State Zip Code
before (978)741-0359 (H)
completing Telephone Number Fax Number
sections A-H of
' this form. 2. Authorized Agent (if any):
Name E-mail Address
' Mailing Address
' Cirylrown State Zip Code
Telephone Number Fax Number
IC. Proposed Project/Use Information
1. Property Information (all information must be provided):
-SAME-
' Owner Name(if different from applicant)
MAP 433 LOT#0546&0547 42 degrees 30'45" 70d 53'
Tax Assessor's Map and Parcel Numbers Latitude Longitude
116/118 LEACH STREET l
' Street Address State Zip Code
2. Registered Land ❑ Yes ® No
' 3. Name of the water body where the project site is located:
' SALEM HARBOR
4. Description of the water body in which the project site is located (check all that apply):
Type Nature Designation
❑ Nontidal river/stream ® Natural ❑Area of Critical Environmental Concern
' ® Flowed tidelands ❑ Enlarged/dammed ❑ Designated Port Area
❑ Filled tidelands ❑ Uncertain ❑ Ocean Sanctuary
' ❑ Great Pond ❑ Uncertain
❑ Uncertain
' Re9.OV
Rev.APPA 1Aoc Page 2 of 17
Massachusetts Department of Environmental Protection W025950
' Bureau of Resource Protection - Waterways Regulation Program Transmittal No.
Chapter 91 Waterways License Application -310 CMR 9.00
SIMPLIFIED,WATER-DEPENDENT,NONWATER-DEPENDENT,AMENDMENT
C. Proposed Project/Use Information (cont.)
' Select use(s)from
pg.4 of the "HOW 5. Proposed Use/Activity description
to Apply PILE SUPPORTED PIER FOR SWIMMING AND BOATING
Guide"
6. Is the project a pre-1984 existing structure AND less than 600 square feet?
❑ Yes ® No
' 7. Is the project a post-1984 existing or new structure, less than 300 square feet AND water dependent?
® Yes ❑ No
8. What is the estimated total cost of proposed work (including materials&labor)?
$5,000
' 9. List the name&complete mailing address of each abutter(attach additional sheets, if necessary). An
abutter is defined as the owner of land that shares a common boundary with the project site, as well
1 as the owner of land that lies within 50' across a waterbody from the project.
JOHN R. GILLESPIE JR. 120 LEACH STREET
Name Address
ROGER E. MACORELLE 110 LEACH STREET
Name Address
-SEE ATTACHED- 106 & 108 LEACH STREET
' Name Address
' D. Project Plans
1. I have attached plans for my project in accordance with the instructions contained in (check one):
❑ Appendix A (License plan) ® Appendix B (Simplified License plan) ❑ Appendix C(Permit plan)
2. Other State and Local Approvals/Certifications
❑401 Water Quality Certificate
Date of Issuance
®Wetlands
File Number
❑Jurisdictional Determination JD-
File Number
' ❑ MEPA
File Number
❑ EOEA Secretary Certificate
' Date
❑21E Waste Site Cleanup
RTN Number
CH1Rev.AppAoc
Rev.APPAg1 Page 3 o117
Abutters List for 116/Il8 Leach Street Sa lem, MA
' March 28, 2002
Name Address
i. Karen A. Shepard 106 Leach Street Unit 1; Salem, MA 01970
2. Mary Ungaro 106 Leach Street Unit 2
3. Randy M. Reid 106 Leach Street Unit 3
4. Roger E. Marcorelle 171 Jersey Street, Marblehead, MA 01945
' 5. John R. Gillespie Jr 120 Leach Street, Salem, MA 01970
I' �
Massachusetts Department of Environmental Protection Wo25950
' Bureau of Resource Protection - Waterways Regulation Program Transmittal No.
Chapter 91 Waterways License Application -310 CMR 9.00
SIMPLIFIED,WATER-DEPENDENT,NONWATER-DEPENDENT,AMENDMENT
E. Certification
All applicants, property owners and authorized agents must sign this page. All future application
correspondence may be signed by the authorized agent alone.
"I hereby make application for a permit or license to authorize the activities I have described herein. Upon
my signature, I agree to allow the duly authorized representatives of the Massachusetts Department of
Environmental Protection and the Massachusetts Coastal Zone Management Program to enter upon the
premises of the project site at reasonable times for the purpose of inspection."
°I hereby certify that the information submitted in this application is true and accurate to the best of my
knowledge."
A
Applicant's signature Date
' Property Owner's signature(if different than applicant) Date
Agent's signature(if applicable) Date
' APPLICANTS FILING A SIMPLIFIED APPLICATION STOP HERE
CH91App.dx
Rev.022&Ol Page 4 of 1]
Hand-enter Your Transmittal Number ► K07?595
t Your unique Transmittal Number can be accessed through DEP's web site or by calling the DEP Infol-ine as listed on the
last page of this document
Massachusetts Department of Environmental Protection
Transmittal Form for Permit Application and Payment
instruc orfA A Ircatron Information
_PP e ;: x L
Y :.�
' DEP Permit Code(the 7 or 8 character code from first page of permit application instructions).
1. Please type or BRPW W06a
print.A separate Name of Permit Category:
Transmittal Form must SIMPLIFIED LICENSE Ca+-e -O r S C,�
' be completed for each Type of Project or Activity:
permit application. WATER DEPENDENT RESIDENTIAL WITH LESS THAN 4 UNITS P1 er
##BSA Iicant Informatwn Firm orx lftdivatl as ---
2. Your check should k,, ph...
' be made payable to Name of Firm:
the Commonwealth of N/A
Massachusetts. Or,i1 party needingthis approval is clearly an individual.,
Please mail your lad dual's Last Name: First Name MI
' check along with a O'CONNELL CHARLES R
copy of this form to:
DEP,P.O.Box 4062,
Boston,MA 02211. Street Address
116 LEACH STREET
3. Three(3)copies of City/Town State Zip Code Telephone Number
this form will be SALEM MA 01970 (978)741-0359 ext.HOME
needed. Contact: e-mail address (optional)
' Copy 1 (the original) .r ..�� - , .�.~¢" ,. ,4.:
must accompany yourC�Facihty, Site Or Individual,Requmng Approvalg .,.J --t
permit application. "°- . `
Copy 2 must Name of Facility,Site or Individual DEP Facility Number(if Known)
accompany your fee -SAME-
' payment. Street Address e-mail address:
Copy 3 should be (optional)
retained for your City/Town State Zip Code Telephone Number
records ( ) ext.
4. Both fee-paying W. .''hP_"� Iicatron,Pre Pik if iffe're6"t from Sect1'on,8
and exempt applicants P -- y8�
must mail a copy of Name of Individual or Firm:
this transmittal form to -SAME-
DEP,P.O.Box 4062, Address
Boston,MA 02211
City/Town State Zip Code Telephone Number
For DEP Use Only ( ) ext.
Permit No. Contact: LSP Number(21 E only)
Rec'd Date
Reviewer
- :,,
� Perrrnt rojectGoo�diria#ion., :o- `
Is this project subject to MEPA review? ❑yes ® no
If yes,indicate the project's EOEA file number(assigned when an Environmental Notification Form is submitted to the MEPA unit)
' EOEA# Is an Environmental Impact Report Required?❑yes® no
Is application part of a l this arger project for which two or more DEP permits are being or will be sought? ®yes ❑ no
List any other DEP permits that apy to thisproject:
„ c Permit Cat"o• Date of Submission tentairye orac(dal�T.Transmittal_Numbed"apphcatwn:alieadysgllrrl ei! .
' BRPWW06a AJOV 1 7-007- W O 2 69
WPA 03 Notice of Intent N Ov i 2-0o Z. (Wetlands File#)
F Amount#Due`` N. x x -
Special Provisions: ❑ Fee Exempt (city,town or municipal housing authority)(state agency if fee is$100 or less)
❑ Hardship Request[payment extensions according to 310 CMR 4.04(3)(c)J
❑ Alternative Schedule Project(according to 310 CMR 4.05 and 4.10)
' 'There are no fee exemptions for 21 E,re ardless of applicant status
Check#: 4 5- 19 Dollar Amount:$63.a6- 4 55-,00 Date: NOV -L ZL)OZ
Please make check payable to the Commonwealth of Massachusetts and mail check and one copy of this form to DEP,P.O. Box
4062, Boston,MA 02211
rev:0&21=
Hand-enter Your Transmittal Number -----y
Your unique Transmittal Number can be accessed through DEP's web site or by calling the DEP InfoUne as fisted on the last
page of this document
' Massachusetts Department of Environmental Protection
Transmittal Form for Permit Application and Payment
A. Appticatlon Infatw»atlon
1. Please type or print. DEP Permit Code(the 7 or a character code from first page of permit application insbuc ione):
A separate Transmittal 13RP W W 0 6
Form must be Name of Permit Category:
' completed for each S , , L i e✓) S e— , r- los
permit application. Type of Project or ActiNty:. r
'we Acid , t-ran +o S, )C.,LrjJy, ge at ns (Vtder 3LO SQJ.Ct,
2. Your check should
be made Payable to $. App1L'8�t In#ol7tf�4tiotl (Fi►rte ol"lltlividudij
Commonwealth of Name of Firm:
Massachusetts. !VA
Please mail your check On H peffy needing flits approval Is dearly an Individual:
along with a copy of FInclividuals Last Name: First Name _ AI
this form to;DEP,P.O. 10% (-ONNE L
Box 4062,Boston.MA
02211.
Street Address
3. Three(3)copies of ) 16 Lc C ST
this form will be City/town State Zip Code Telephone Number
needed. SA LcP-J t114 01970 (976) 741 a*- 0-S 5 9 0404E
Copy 1(the original} Contact. a-mail address (optional)
must accompany your
permit application. Facplityy $Ite or Indivis#nal Reglu rin Approval
Copy 2 must Name of Facility,Site or Individual DEP Facility Number(if Known)
' accompany your fee
payment. —
Copy 3 should be Street Address e-mad address: (optional)
retained for your
records CityRown State Zip Code Telephone Number
4. Both fee-paying and ( ) ext.
exempt applicants must l). Application Prepairetd by (lf different ifORt 30cd9n 8)
mail a copy of this
transmittal form to Name of Individual or Firm:
DEP,P.O.Box 4062, — S A M E —
Boston,MA 02211 Address
For DEP Use Only Cityfrown State Zip Code Telephone Number
Permit No. ( ) ext.
Reed Date Contact LSP Number(21 E only)
Revmwer
' E Porrrtit� Project �t#'ot�cllna#ion .
Is this project subject to MEPA review? ❑ yes ®no
If yes, indicate the projects EOEA file number(assigned when an Environmental Notification Form is submitted to the MEPA unit)
' EOEA# Is an Environmental Impact Report Required?❑yes ® no
Is this application part of a larger project for which two or more DEP permits are being or will be sought? Rr yes ❑ no
List any other DEP that applyto thisproject
Permit C4tegory Date of submisswn(tentative or actual) ; TrarnsmRtal Nrarthar(N apprxxtlon alb aubmittieC}
, a wwO o` I w oZ —9 50
P ' ? r,ce OcX I nfY.ir I Nc>v20oz- wefl"Ods le #
C Amount Due
Special Provisions: ❑ Fee Exempt'(city,town or municipal housing authority rate agency if fee is$100 or less)
❑ Hardship Request(payment extenswn s according to 310 CMR 4.04(3)(c))
❑ Alternative Schedule Project(according to 310 CMR 4.05 and 4.10)
'There are no fee exemptions for 21 E less of a icermt status
Check# 'q ZZ Dollar Amount: V 00 1Date: IvoV "Z Zc3o2
Please make check payable to the Commonwealth of Massachusetts and mail check and one copy of this form to DEP, P.O. Box
' 4062, Boston, MA 02211
l