64-218 - 23 LINDEN AVENUE - CONSERVATION COMMISSION 64-218 Linden Ave. #23 -'
310 CMR 10.99 DEP File No. • • 64-218 —�
Form d (To be providcd t-V PEP)
6ry/To"o Salem
APphmat Robert Bouchard
coninonvealth
of lfeasachusetts
Certificate ofiCompliance
Massachusetts wetlands Protection Act, G.L. c. 131; 540
From Salem Conservation Commission issuing Authority
TO Robert Bouchard 23 Linden Avenue, Salem, MA
(Name) (Address)
Date of Issuance Iiinp 17*, 1997
This Certificate is issued for work regulated by an order of conditions issued
to Robert Bouchard dated July 27, 1993
and. issued by the Salem rnnqPrvAtinnr
1. it is hereby certified that the work regulated by the above-
referenced order of Conditions has been satisfactorily completed.
2. it is hereby certified that oniv the ::nl!.cw'ng purtions of the wcrk
regulated by the above-referenced Order of conditions have been
satisfactorily completed: (if the Certificate of Compliance does not
include the entire project, specify what portions are included. )
3. ❑ It is hereby certified that the work regulated by the above-
referenced Order of Conditions was never commenced. The order of.
Conditions has lapsed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without
filing a new Notice of Intent and receiving a new order of
Conditions.
. . . . . . . . . . . . . . . . . . . . . .( . . . . . . . . . . . . . . ...... .. . . . . . . . .
leave space Blank)
Effective 11/10/89 8-1
4. ® The certificate shall be recorded in the Registry of Deeds or the
Land court for the district in which tha land is located. The order
was originally recorded on 8/23/93 (date) at the
Registry of Essex , Book 12 774 , Page 359 .
S. ® The following conditions of the Order shall continue: (Set forth any
conditions contained in the Figal Order, such as maintenance or
monitoring, which are to continue for a longer period.)
Special Conditions #9,10,12, and 14
Issued by Salem Conservation Commission
Signatur"al
When issued by the Conservation Commission this Certificate must be signed by
a majority of is members.
on this 19i-h day of T,,n, , 19 97 before me
personally appeared the above mentioned , to me known to be the
person described in and who executed the foregoing instrument and ackncwledged
that he/she executed the same as his/her free act and deed.
Notary Public My c�otmiss:�on expires
Detach on dotted Line and submit to the
............................................................................................................
To Issuing Authority
please be advised that the certificate of compliance for the project at:
FiLe Number has been recorded at the Registry of
and has been rated in the chain of title of the affected property on 1..9
if recorded land the instrument number which identifies this transaction is
If registered land the document number which identifies this transaction is
Signature Applicant
8-2
CoN Gorki Mdrin ,
HANCOCK
Environmental Consultants
El 235 Newbury Street
Route 1 North
Danvers,MA 01923
(508)777-3050
3162 (508)352-7590
(508)283-2200
(617)662-9659
May 23, 1997 FAX(508)774-7816
Fred Harney, Chairman � ❑12 Farnsworth Street
Salem Conservation CommisMrI� y ® Td Boston,MA 02210
One Salem Green 6I (617)350-7906
Salem, MA 01970 AN 0 1997
RE: Bouchard; 23 LindenkAvenue'aDE_90 � p��a l#M_4- 18
Dear Sir,
On behalf of my client, Robert Bouchard, I request that the Commission issue a Certificate of
Compliance for the above referenced Order, as modified in accordance with the attached As-built
Site Sketch of Lot 5 in Salem, MA prepared for Robert Bouchard dated May 8, 1996.
On May 22, 1997, Hancock Environmental Consultants inspected the site and found all upland
areas subject to jurisdiction to be adequately stabilized by vegetation. No disturbance or filling of
the resource area was evident. All work proposed in the Modification issued in June, 1996
appears to have been completed in accordance with the proposed course of action outlined in our
letter of May 9, 1996.
Please schedule this matter for Commission review; if you feel that a representative of Hancock
Environmental Consultants should attend, please let me know. Thank you for your cooperation in
this matter.
Sincerely,
HANCOCK ENVIRONMENTAL CONSULTANTS
�ohn G. Dick, .L.S.
Wetland Scientist
cc: DEP Northeast Regional Office
Robert Bouchard
HEC file 3162
Attachment: site sketch
Division of Hancock Survey Associates,Inc.
' r
i
310 CMR'10.99- DEPMeNo,
/1 64-218
Form 5 (To be provided by PEP)
x Applimm Robert Bouchard
V of Xaasacbuaetta Ro m lr4 F�; 9
08/k/93 11:27 inst.21 i
Order of Conditions
Massachuetts Wetlands Protection Act
G.L. c. 1311 540
From Salem Conservation Commission Issuing Authority
To Robert Bouchard Robert Bouchard
(Name of Applicant) (Name of property owner)
Address 110 Jefferson Avenue Address 110 Jefferson Avenue
This order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date).
1993
by certified mail, return receipt requested on July 27, (date)
This project is located at Linden Avenue Extension
The property is recorded at the Registry of Essex
Book 7071 Page 78
certificate (if registered)
The Notice of Intent for this project was filed on June 3, 1993 (date)
The public heariny was clns=d on July .8, 1993 _ (date)
Findings
The Commission has reviewed the above-referenced Notice of Intent and plans and has
held a public hearing on the project. Based on the information available to the Commission at this
time, the Commission has determined that the area on which the proposed work is to be done is
significant to the following interests in accordance with the Presumptions of Significance set forth in the
regulations for each Area Subject to Protection under the Act (check as appropriate):
Public water supply Flood Control ❑ Lard containing shellfish
Private water supply Storm damage prevention j��f Fisheries
Ground water supply Prevention of pollution. Protection of Wildlife Habitat
Total Filing Fee Submitted $250.00 state share $112.50
(1/2 fee in excess of $25)
City/Town Share $137.50
Total Refuel Due f City/Town Portion f State Portionf
(1/2 total) (1/2 total)
Effective 11/10/89 5-1
r
BK 12074 PG 360 . -.
Therefore, the Comm;ggion hereby finds that the following corditions
are necessary, in accordance with the Performance standards stommisshoun the
regulations, to protect those interests checked above. The
orders that all work shall be performed in accordance with said conditions and
with the Notice of Intent referenced above. To the extent that the follow-4nq
- - conditions modify or differ from the plans, specifications or other proposals
submitted with the Notice of Intent, the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke
or modify this order.
2. The order does not grant any property rights or any exclusive privileges;
it does not authorize any injury to private property or invasion of
private rights.
3. This order does not relieve the permittee or any other person of the
necessity of complying with all other applicable federal, state or local
statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from
the date of this order unless either of the following apply:
(a) the work is a maintenance dredging project as provided for in the
Act; or
(b) the time for completion has been extended to a specified date more
than three years, but less than five years, from the date of issuance
and both that date and the special circumstances warranting the
extended time period are set forth in this order.
5. This order may be extended by the issuing authority for one or more
periods of up to three years each upon application to the issuing
authority at least 30 days prior to the expiration date of the order.
6 . Ary f'. 11 used in conneai_on with thi•i c, )ject -naii be clna., fill,
conta_r.,ry no trssh, refuse, rubbish or d?bciu, in.luding Lut r.ot li.nita_'
to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires,
ashes, refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from
this Order have elapsed or, if such an appeal has been filed, until all
proceedings before the Department have been completed.
8. No work shall be undertaken until the Final order has been recorded
in the Registry of Deeds or the Land Court for the district in which
the land is located, within the chain of title of the affected
property. In the case of recorded land, the Final Order shall also
be noted in the Registry's Grantor Index under the name of the owner
of the land upon which the proposed work is to be done. In the case
of registered land, the Final order shall also be noted on the Land
court Certificate of Title of the owner of the land upon which the
proposed work is to be done. The recording informatin shall be
submitted to the rnmm;cg; on the form at the end of this order
prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or
more than three square feet in size bearing the words,
•Massachusetts6Migtment of Environmental Protection,
File Number 4
10. where the Department of Environmental Protection is requested to make a
determination and to issue a superseding order, the conservation
commission shall be a party to all agency proceedings and hearings before
the Department.
5-2
I
I BIB 12074 PG 361
11. Upon completion of the work described P P herein; the applicant shall
forthwith request in writing that a certificate of Compliance be issued
stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
Planes
Title Dated signed and stamped by: on File with:
Proposed Subsurface Sewage 6 1 93 Vaclav V. Talacko Conservation Commission
Disposal System-Site Plan
Profiles & ^______ ___ 5
Linden Avenue Extension
Special Conditions (Use additional paper if necessary)
SEE ATTACHED CONDITIONS
(Leave Space .Blank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5-3A
8K 12074 PO 362
Plans:
Title Dated Signed and Stamped by: on File with:
special conditions (use additional paper if necessary)
• J
(Leave space Blank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .
5-3B
l
DIV
Issued By Salem cot> atR b i i n 363
Signature(e)
ThMOrdmuz signed a m j ity of the conservation commission.
On this Z'2th day of July 1993 , before me
personally appeared the above mentioned , to me known to be the
person described in and who executed the foregoing instrument and acknowledged
that he/she executed the
/same as,�his/her free act and deed.
� C� J July 15, 1999
o wry public My commission expires
The applicant, the owner, any person agrrieved by this Order, any owner of lend abutting the land upon which
the proposed work is to be done, or any ten residents of the city or town in which such land is located, are
hereby notified of their right to request the Department of Environmental Protection to issue a superseding
Order, providing the request is made by certified mail or hand delivery to the Department, with the
appropriate filing fee and Fee Transmittal Form as provided in 310 CNR 10.03(7), within ten days from the
date of issuance of this determination. A copy of the request shall at the same time be sent by certified
mail or hard delivery to the Conservation Commission and the applicant.
Detach on dotted lire and submit to the Conservation Commission prior to commencement of work.
............................................................................................................
To Salem Conservation Commission
Issuing Authority
Please be advised that the Order of Conditions for the project at Linden Avenue
File Number 64-218 has been recorded at the Registry of and
has.been noted in the chain of title of the affected property in accordance with General Condition 8 on
,19
If recorded lard, the instrument rmarber which identifies this transaction is
If registered land, the document km which identifies this transaction is
Signature Applicant
5-4A
'.i b BI'+ 120 4 FG 364 •
issue y.^.he DeparCment of Environmental Protection
�(•sY r) I j r r .a
signature
on this day of 19 r
before me personally appeared to me known to be
the person described in and who executed the foregoing instrument and
acknowledged that he/she executed the same as his/her free act and deed.
1
Notary Public My commission expires
The applicant, the owner, any person aggrieved by the Superseding Order, any owner of lard abutting the lard
upon which the proposed work is to be done, or any ten pars" pursuant to G.L. c.30A S1GA, are hereby
notified of their right to request an adjudicatory hearing pursuant to G.L. c.30A, 510, providing the
request is mode by certified mail or hard delivery to the Department, with the appropriate filing fee and
Fee Transmittal Form as provided in 310 CNR 10.03(7), within ten days from the date of issuance of.th'.:s>
_ - Superseding Order, and is addressed to: Docket Clerk, office of General Counsel, Department of Envirormemal
-� Protection, One Winter Street, Boston, MA 02108f A Copy of the request shall at the smue time be sent by
certified mail or hand delivery to the Conservation Commission, the applicant, and any 06.�r.party. s _
y_
A Notice of Claim for an Adjudicatory Nearing shall comply with the Department's Rules for Adjudicitory
Proceedings, 310 CMR 1.01(6), and shall contain the following information: - - -
(a) the DEP Wetlands Fite Number, name of the applicant and address of the project;
(b) the complete name, address and telephone number of the party filing the request, and, if representrj
by counsel, the name and address of the attorney;
(c) the names and addresses of sit other parties, if known;
(d) a clear and Concise statement of (1) the facts which are grounds for the proceedings, (2) the
objections to this Superseding Order, including specifically the manner in which it is alleged to be
inconsistent with the Department's Wetlands Regulations (310 CMR 10.00) and does not contribute to the
proration of the interetts identified in the Act, and (3) the relief souqhr through the enjudicatory
hearir_, soe,,�ficalty the _,angel desired in the Supersedine Ord- •
re) a sratement Gnat a c:oy of the rzgo:st her been sent to the applicant, the ,:onser'otion tommissi•,n and
each other party or representative of SULK party, if known.
Failure to submit all necessary information may result in a dismissal by the Department of the Notice of
Claim for an Adjudicatory Nearing.
Detach on dotted line and submit to the prior to commencement of work.
To issuing Authority.
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on
19
if recorded lend, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature - Applicant
5-41)
z Conservation Commission
Salem. Massachusetts 01970 BK 12074 PUB 365
yASS�
SPECIAL CONDITIONS DEP #64-218
LINDEN AVENUE
1 . All work shall conform to the above-referenced Notice of
Intent , site plan and supporting documents and those final
specifications which shall be filed with the Commission prior to
construction. Any change made or intended to be made to the
approved plans shall require the applicant to inquire of the
Commission in writing whether the change is substantial enough to
require the filing of a new Notice of Intent .
2. Members and agents of the Commission shall have the right to
enter and inspect the premises at all reasonable times to evaluate
compliance with the conditions in this Order . The Commission may
require the applicant to submit additional data or information
necessary for the Commission to conduct that evaluation.
3 . Upon completion of the project, the applicant shall submit ,
with the request for a Certificate of Compliance, an affidavit ,
prepared by a professional engineer or land surveyor registered in
the Commonwealth of Massachusetts, stating that the site has been
developed in accordance with the requirements of this Order of
Conditions, the referenced site plan and supporting documents .
4 . This Order shall apply to every successor in control or
successor in interest of the property described in the Notice of
Intent and accompanying plans or part thereof . In the event this
land or any part thereof changes ownership before or during
construction, the current owner shall notify the new owner , by
registered mail, of this Order prior to the transfer of ownership
and shall forward roof of this notification to the
e Commission.
5 . Prior to commencement of construction activity, a haybale
barrier shall be placed downgradient of construction to prevent
siltation of the adjacent wetland. Haybales shall be anchored with
stakes and entrenched 4 to 6 inches in depth. Trench material
shall be deposited on the upgradient side of the haybale barrier .
Haybales shall be inspected daily; those showing signs of
deterioration shall be replaced immediately. The haybale barrier
shall remain in proper functioning conditions until all disturbed
areas have been stabilized.
6 . Additional erosion and sedimentation control measures deemed
necessary by the Commission shall be instituted by the applicant.
Any siltation caused onto any wetland or waterway area shall be
promptly reported to the Commission. Such areas shall be restored
to the satisfaction of the Commission.
BK 12074 PG 366
7 . During construction any debris, fill or excavated material
stockpiled within 100 feet of designated wetlands must be
stockpiled in a location that is sufficient protection to prevent
sediment from surface runoff into wetlands.
8. Equipment servicing and overnight equipment storage must be
conducted outside the buffer zone. Equipment must be maintained to
prevent leakage or discharge of pollutants.
9 . * No spill or discharge of petroleum products or other
pollutants will occur within 100 feet of any wetland resource area.
10 . * Use of storage of rock salt ( sodium chloride) or other toxic
de-icing chemicals is prohibited within 100 feet of the resource
area. Any arrangement for snow removal shall stipulate the ban.
11 . Notice shall be given to this Commission no more than 2 weeks
nor less than 2 days prior to the commencement of construction
activities. Said notice shall include, in writing, the name(s ) ,
address(es) , and business and home telephone numbers of the project
supervisor ( s) responsible for insuring that operations are
conducted in compliance with this Order .
12. * Minimal pruning and no removal of any buffer zone or wetland
vegetation will occur downgradient of the staked haybale line.
13 . All disturbed soils shall be immediately and similarly
revegetated upon completion of construction activities or shall be
mulched until the next growing season. Hydroseeding will be
initiated no later than September 15.
14 . * Fertilizers used for landscaping and lawn care shall contain
a low nitrogen content and be used in moderation. Pesticides and
herbicides shall not be used within 100 feet of the resource area .
15 . No project activities will be conducted between December 1 and
March 15 . Projects shutting down for the winter will, be December
1, complete slope stabilization sufficient to prevent erosion of
siltation until project activities resume in March.
16. Letter dated July 1, 1993 from the Board of Health shall be
adhered to. The as-built plan submitted to the Board Health shall
also be submitted to the Conservation Commission.
17 . Buffer Zone of natural vegetation (weeds, etc. ) will be
allowed to germinate from the location of the haybale line for a
width of 5 feet on plan dated June 1, 1993 revised July 1, 1993,
Vegetation shall be maintained at a 6-8" height.
EX\DH\LINDEN.SPCON
. . ..
���c ��
h
Hancock Environmental Consultants
#3162
May 9, 1996
Salem Conservation Commission
One Salem Green
Salem, MA 01970
RE: Lot 5, Linden Avenue Extension; DEP File#64-218
Dear Commission Members:
On behalf of our client, Robert Bouchard, we hereby request that the Salem Conservation
Commission (SCC) issue a one year extension permit for the above referenced Order of
Conditions. We also request that the SCC modify the Order of Conditions to include amendments
described below and shown on the attached "As-built Site Sketch, Lot 5, Linden Avenue
Extension," prepared by Hancock Environmental Consultants, dated 5/8/96.
In April, 1996,Hancock Environmental Consultants inspected the site for compliance with
the referenced Order of Conditions. We determined that the work completed on the site differs
from the approved plans as follows (refer to the attached sketch plan):
1) The limit of work (top of slope grading) behind the dwelling extends closer to the resource
area than was approved on the Notice of Intent Permit Site Plan(PSP) dated 6/l/93.
2) A wooden deck and stairs, underlain by stone, were constructed on the back of the house.
These features were not shown on the PSP.
3) A small area north of the existing house was recently disturbed by the cutting of vegetation
and placement of soil and rubble material (shown on site sketch as"recently disturbed area").
Observations From Site Inspection
It appears from our site inspection and as-built survey that, although grading and
disturbance occurred closer to the resource area than was approved on the PSP, there was no
alteration or filling of the pond. The edge of the pond appears to be the same as that shown on
the approved PSP. Work beyond what was approved in the Order of Conditions is limited to the
buffer zone only.
Proposed Course of Action
We propose that the extent of existing, unapproved work within the buffer zone is limited
in nature and impact, and can be permitted by the SCC through a modification of the Order of
Conditions.
235 Newbury Street•Route 1 North•Danvers,MA 01923•(508)777-3050•(508)352-7590•(508)283-2200•(617)662-9659*FAX(508)774-7816
Division of Hancock Survey Associates,Inc.
page 2
The applicant requests that the Commission issue a modification to the Order of
Conditions, referencing this letter and site sketch, along with a one year extension permit. This
would allow the applicant the opportunity to loam, seed and mulch the recently disturbed area
(with a silt fence siltation barrier installed prior to any work).
When said area is adequately stabilized by vegetation, the applicant will return to the
Commission requesting a Certificate of Compliance for the modified Order of Conditions.
We feel that the above outlined course of action will bring the property into compliance
with a modified Order of Conditions and will provide proper closure for this project. Please
schedule the matter for your next available Commission meeting. Contact me if you have any
questions regarding this request.
Sincerely,
HANCOCK ENVIRONMENTAL CONSULTANTS
P. Hunt Durey
Wetland Scientist
cc: DEP Northeast Regional Office
Robert Bouchard
HSA File
Attachment
tON
p
7A �
CITY OF SALEM HEALTH DEPARTMEN r
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
July I, 1993
Mr. Robert Bouchard, Jr.
c/o Bouchard &Son, Inc.
110 Jefferson Avenue
Salem, MA 01970
Re: Individual Sewage Disposal System, Lot 5 Linden Avenue Ext.
Dear Mr. Bouchard:
The individual sewage disposal system plan revised on July I, 1993 for your lot#5 on Linden
Avenue, prepared by Hancock Survey Associates Inc. is approved.
Please inform the contractor you choose to install the system that he must complete the Disposal
Works Installers Permit. The permit is on file at this office and the fee has been prepaid.
Two inspections of this installation will be required. The first when the excavation for the
leaching area is made and a second inspection when construction of the system is completed
before backfilling.
The Health Department request that you have the design Engineer submit an "as built" plan
showing the horizontal and vertical locations of the system components and house foundation.
Submit a copy of the revised plan to the Salem Conservation Commission.
If you have any questions, please feel free to contact this office.
FOR THE BOARD OF HEALTH REPLY TO
ROBERT E. BLENKHORN, C.H.O. WILLIAM T. BURKE, III, R.S.
HEALTH AGENT SENIOR SANITARIAN
REB/mp
cc: Building Inspector, Leo Tremblay /
Conservation Commission, Debra Hurlburt ✓/
TOWN OF MARBLEHEAD
Water and Sewer C®mIlIlmIssi®nn
P. O. BOX 1108
Marblehead,Massachusetts 01945
Office: Tower Way
Dana E. Snow 631-2694 — 631-0102
Superintendent SEWER WATER
June 24 , 1993
Ms. Betsy Horne
Chairperson
Salem Conservation Commission
1 Salem Green
Salem, MA 01970
Dear Ms . Horne:
The Marblehead water and Sewer Commission wishes to be
recorded in opposition to the construction of a new sewerage
disposal system in close proximity to the former well supply
of the Town of Marblehead.
The Commission feels that any addition of nutrients to
the pond adjacent to the property can only further degrade
the water quality and further jeopardize the possibility of
the Town of Marblehead of utilizing its water supply in the
future. The Board also wishes to remind your commission of
a 1978 Order of Conditions ( attached)' , which requires the
City of Salem to maintain water quality of the pond to
protect the potential reuse of this water supply.
Thank you for your consideration on this matter. Should
you have any questions, please call my office at ( 617 ) 631-0102 .
Sincerely,
�G�e-tee, � �CGty
Dana E. Snow
Superintendent
DES/lm
Enclosures
i t : Appl icant: uepartnent of Pull it Works, Uteer. DcQE Fi lr
(Mn o7 ",C"!T' TG1
T.chtese Qtdr� of Conditions are 1ESt)ed to Pro tact 1:�.te_• Tlality for the foll
-say
1. The linnin aqua_-e drainage irploveasats hide been determined to be ~si,-nirlcant to ?rlblic-watn_r ==- I-- to roun3 astersu�tly and to pre,
x; =_ vention or pollu:ion .since the recaivit - po: a .+ r
; = "C" i:t the application. J:rl File :lo. 6►-2!: . s Hill �natnd p�`s
'- * ) is tl:e past boss used a water suPPly.. so,rrce by the Towa Of :Iarblehead., The supply came Erse well and the area is still maintainei as an emergency water source.
:Tye=20 -;••w,,ae-.ics?sareatent. have been detarsined to be siats1Z1c=t to Pro•'. '� '=•�;,;r•taction of land containing shell;iah since the wAtsr will entor. 3alss.rZarber .�
by way of the Forest River. 3alt=rsh. Tt a marsh is also part of a eobso tse�_vation area establishc3 ur.3er .'re;zc us9ttS -:eneral Laws. ^.ha r tlp '
-•a `3action 3c. .
Az- • 3• "ha present VInlin 3Tsare dmi•:1 .,yster. atschargas into the
- i. . atop and lhdl Ouvarnar4.et (rased "Pon3 "D" , pond held.-td. Wit,
xw "0. Ito-21-� without a 1..a c n^: :t the applleatlon. D^.+ 3 Fits ;
p01n.... .f.`... � wr...
>• �- will connect Lath �n� r• to azd .. .;e proposed ?Y-•-----�ee�r
'd in�2ata - .r a ni ne, 1t11l d-ain a lar��+- land area
a_O.r ^a r_5 into the voids and {!:crab in will :3
sad) ,••_ Y creme the 1 of "
and o._11.an_ _ .•chlch t1` • a..ve -�. rtn
.; F _ - 7 _..__y a.__ct both ponds sad the'_"• OIB:. .il`ier .i31t.:ar�h.
4• 1 T-po:: o^ t"ter quality prepacad for the Conservation .o•
i ;aocheztcal Associaea � nnisslon by
, dated ...anuari 10, 1r,.�., and a raport by the City
a. :;ales' -:.salt, Cep-tMenL datad- 'inua -
rY 3: 1�j;, irllcate th=t the water
�• yu�li:Y Ir :ba3 " behind i1,07 _. n n 12,5
,« V 'ho .'w)_r.:ir,.et i, �..t less .-. 3*
nn.. t s �o:•1 at :egg _ .:ill -id vro'-Zhiy bett.:r than Ct -3
3.
'she P='Oi aged _''_'"'.i:11�,e als0• ';n:an deters-11_.a. t0 b0 slgniflcant
to fl OOd. :one:;; on ":19 1^li.^. ad:� �:SL t0 r � �� 3111. t13 a>r the si. izic^n he von. a_ Le. -'a li
Test
ti .. 0_' ..:.7 _rf.�•]:.;� ','i.'!a ltl �._..-re d^19:To '
�'• iaprov_n_nt ., the
1 1. :he :�.?r quality i.
1 ! h-r ' =:>`li no: be less t`ai Class a dui to
- -•� C0nZ r-atlori Or on;—L:.7n C: t 1•? Ira` :. ,-ya 5•j-t^l. n
c0n3trjctton tze 7:• `=io_ to he start of
r, cf Sa113 and the Conservation
• O�:1:.+a0 :'fall ... �::1�. ..: v3 �nA C?__.-1 r:10antI1: Di0 e'.
the d a!page ar_a :o '^ t,: a. �t �� xraa fo_
dst Class a water Qualit
r o•^ - a.... inc,
.._ . :, , -�. . Y •pis
_ - :c 1*fen- zz of the
�_:�.• C-'-'d4_^..i _ -��Z7. .fl: :,?nlli:'. .< `_ ..,.1 .in _teal.. .
:oI chlorldes a. wall
.r
as
: _r 'dater
t1; 1'.!]ri Ufrr. �'. S` in' [i� •. !S 'On ..� wdLPf �nll.:( Ipf1 l..^.ifol ,..Cufrc rwea l th Of
IS
i • _Eli
• ,is tests for aut>sta•ie`s :ihich Aso inelri A. in th's amass: 3 detinitioa. :�
The pM-rxA stall have at lc3st -,a1L'; 1=rs.prsr-�sz:ioosdiatelY
.: C011ONJtiv. OXt y� I'OZi .
follo:rin„ or during periods or hiti�zuti�` F i )ling shall be
+ 11 ba�i ne at ��ir ths�itt of Publln]ores aadthe Conservation
borne equally b7 Igeo _-pa • . .
Con:aiss2oa`of aalea •- '
,c ... Sa=ling atiall include other pollutants and shall be done nox+ freque3tl7•
ea requested by the •Marblehead kater Deparixertt. Nar'sl°head's 3atas
Dwrartmw shall be fdraished with all fast results. . .
?a the event that the +arblehead {Ater Department tloteradnea that the
JA the
of this drainsgs rater is resulting in. conditions which
•+..:: • the potential use of the well ad3&csnt to Pond "^" es a,y�iblio_tisl�r -
aupol�y• 't+ae City of Sales s Cora i lc a ss na.�L�ta* azwmA or
f _. end "To to prevent - r con a�ainstio-. lroa this aousei.
TAs ou',let Struature from Pond "D" 3ha.11 hav0Vi
a adninia'elfvati0a Of •�.� ;
aeaz son level. This outlet structure evshould.be � ,Ater Star
�; or other device to provide a aea:ss to prent the discharge
D_
?OVA "II'+ to PorA "C" in tho event of tans co staaiaation of Pouod " "-•TL v
,:. . At'thho
e outlet o3 and "�" sa 18" diameter as a ahs1L ± 1 -
sale
ztment of ?u c o• acent to' the exist1 10'dla tyr_
_pike s_hsll_ �ais3ti�
Katlet pi�o and at' the- same nv{- �'
' + t*.o 3a19 �rtnent of JtLbl
!y, . large pi?� inlets or outlets snail have bar rac?ss installed to Pro-
alTent childron entering the=.
soeci•_'iceions for the work shall tnelude- a requix9aent to-ydniy+,ze
.� � �• + construction of the drsinzgs agstea.
; andi+^enjation of the pon3s during,
lit" ^y+e =quix-exsat shall be in accordance .'ith Suitalines for 3031
' t 4 tar r"Orserration jr- Urbanizing Areas o_ :'assacmaettr., united States
;�"-`' 'oil Conservation 3ervics, April 1975•
r�ar►.aant of Agriculture,
19aR-
-.R i4 .
IRVING
HALEY AND WARD. INC.
CIVIL AND SANITARY ENOINSCRS
25 FOX ROAD
SSOCIATCS WALTHAM. MASS 02174
I617. 690.39P.O F. WILl1AM HALT. P.C.
WALT[A H. MORRIROM. P.E. L.S.
GROAOR H. KIMRALL. P.C. L WARMN WARD. P.L L.J.
LEO R. YUSKU9 ►IIRA.0RM1 R TA RAAVMA
SRAOLICT W. WeRO 1111,F111111 1'/111','(�_ - CHARLES H. MILLIS. P.L L9
1 L. 1 1..� � I n � 1 i Ylif.►OOIMM.
y ��ii Y
k+ April 28, 1978
Re: Vinnin Square Drainage
W 181-295
Attorney Paul. Lausier
Town Counsel
Abbot Hall
Marblehead, Mass. , 01945
Dear Sir: -
Ile have- obtained a set of preliminary plans relating to the proposed drain- _
age work in the vicinity of Vinnin Square. In essence, the plans call for the coll-
ection of the storm drainage from the roadways in the area and collectively dis-
charging them to a pond at the rear of the Stop and Shop super market , through a
54-inch pipe. This pond (labeled "D") has a present water surface elevation of 26.3
feet (USGS Base Datum) . The drainage will then be discharged from Pond I'D" to Pond
"C" (adjacent to the Water Department well) through a 60-inch pipe. The elevation
of Pond- "C" is shown as elevation 20.6. Not shown on the plans are any of the de-
tails related to the discharge from Pond "C" to the Forest River.
Our recommendations related to this proposed construction are as follows:
1. The outlet structure from Pond I'D" shall have a minimum elevation of
27. 3 or one foot in elevation above the normal water surface of the present pond.
This outlet structure should be provided with stop planks or other device to provide
a means to prevent the discharge of water from Pond I'D" to Pond "C" in the event of
the contamination of Pond "D".
2. The City of Salem shall sample the water in Pond I'D" on a semi-an-
nual basis and more frequently if requested to do so by the Marblehead Water Depart-
ment, and shall have said samples analysed for coliform bacteria, oil and grease,
chlorides , or other pollutants requested by the Marblehead Water Department and shall
furnish the Water Department with the results of these analyses.
3. In the event that the Marblehead Water Department determines that
the Jischarge of this drainage water is resulting in conditions which jeopardi=e the
potential use of the well adiacent to Pond "C" as a public water supply, the City of
Salem will construct a drainage system around or through Pond "C" to prevent further
contamination from this source.
4. The work proposed at the outlet of Pond "C" shall not result in the
-1-
lowering of the water level below the invert level of the existing discharge pipe.
In addition, provisions shall be made at this proposed outlet structure to repress
vandalism, particularly as it relates to the plugging of the outlet pipe.
S. All final plans shall be submitted to the Marblehead Water Depart-
ment for review and approval as it relates to the protection of a potential water
supply.
Very truly yours,
HALEY AND WARD, INC.
ENGINEERS
WALTHAM, MASS.
i l k.
Charles H. Miller
CHM rmg
cc: Marblehead Water Dept.
G y-Z i°o
Form 3 DEOE File No.
Commonwealth (To be Provided ey;DEOEI
of Massachusetts C tyrrown
APDlioant
Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part I:General Information
1. Location: Street Address - ^^
Lot Number
2. Project: Type Description
3. Registry: County C 4 94 Current Book .7d 7 2 &Page_ 9
Certificate(If Registered Land)
4. Applicant W� a �sl Tel�x
Address �A I�-
5. Property Owner z �� e - Tel.
Address D f�
6. Representative �6�9 -- Tel.
Address
7. Have the Conservation Commission and the DEOE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes ❑ No
3.1
Effective 1111/87
f ,
8. Have all obtainable permits. variances and approvals required by local by-law been obtained?
Yes No ❑
Obtained: Applied For: Not Applied For:
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131, §40A or G.L.
c. 130, §105? Yes ❑ No IV
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
NumberA/LLetter Title, Date
r
1 1.Check those resource areas within which work is proposed:
(a)V Buffer Zone
(b)Inland:
Bank• Land Subject to Flooding,
Bordering Vegetated Wetland ❑ Bordering
❑ Land Under Water Body 8 Waterway' ❑ Isolated
(c)Coastal:
❑ Land Under the Ocean' ❑ Designated Port Area'
❑ Coastal Beach' ❑ Coastal Dune
❑ Barrier Beach ❑ Coastal Bank
❑ Rocky Intertidal Shore' ❑ Salt Marsh
❑ Land Under Salt Pond' ❑ Land Containing Shellfish
❑ Fish Run'
Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for
Completing Notice of Intent.
3.2
12. Is the wetland resource area to be altered by the proposed work located on the most recent
Estimated Habitat Map (if any)of rare, "state-listed"vertebrate and invertebrate animal species
occurrences provided to the conservation commission by the Natural Heritage and Endangered
Species Program?
YES [ ] NO Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [ ] (if any)
If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with
supporting documentation with the Natural Heritage and Endangered Species Program by
certified mail or hand delivery,so that the Program shall have received Appendix A prior to the
filing of this Notice of Intent?
YES [ ] NO [ ]
3.3
Part If:Site Description
Indicate which of the following information has been provided (on a plan, in narrative description or calcula-
tions)to clearly, completely and accurately describe existing site conditions.
Identifying
Number/Letter
(of plan, narrative
or calculations)
/ Natural Features:
Soils
Vegetation
Topography
V Open water bodies(including ponds and lakes)
Flowing water bodies(including streams and rivers)
Public and private surface water and ground water supplies on or within 100 feet of site
Maximum annual ground water elevations with dates and location of test
Boundaries of resource areas checked under Part I, item 11 above
Other
Man-made Features:
Structures(such as buildings,piers, towers and headwalls)
Drainage and flood control facilities at the site and immediately off the site, including
culverts and open channels (with inverts), dams and dikes
Subsurface sewage disposal systems
Underground utilities
Roadways and parking areas
Property boundaries, easements and rights-of-way
Other
Part III:Work Description
Indicate which of the following information has been provided(on a plan, in narrative description or calcula-
tions)to clearly, completely and accurately describe work proposed within each of the resource areas
checked in Part 1, item 11 above.
Identifying
Number/Letter
(of plan, narrative
or calculations)
Plainview and Cross Section of:
Structures(such as buildings, piers, towers and headwalls)
Drainage and flood control facilities, including culverts and open channels(with inverts).
dams and dikes
Subsurface sewage disposal systems&underground utilities
Filling,dredging and excavating, indicating volume and composition of material
Compensatory storage areas, where required in accordance with Part III, Section 10:57
(4)of the regulations
Wildlife habitat restoration or replication areas
Other
Point Source Discharge
Description of characteristics of discharge from point source(both closed and open
channel),when point of discharge falls within resource area checked under Part I, item
11 above,as supported by standard engineering calculations,data and plans, including
but not limited to the following:
3-4
1 . Delineation of the drainage area contributing to the point of discharge:
2. Pre-and post-development peak run-off from the drainage area,at the point of discharge, for at least the
10-year and 100-year frequency storm:
3. Pre-and post-development rate of infiltration contributing to the resource area checked under Part 1, item
11 above; -
4. Estimated water quality characteristics of pre-and post-development run-off at the point of discharge.
Part IV:Mltlgating Measures
1. Clearly, completely and accurately describe, with reference to supporting plans and calculations where
necessary:
(a) All measures and designs proposed to meet the performance standards set forth under each re-
source area specified in Part 11 or Part III of the regulations: or
(b) why the presumptions set forth under each resource area specified in Part II or Part III of the regula-
tions do not apply.
❑ Coastal Resource Area Type: Identifying number or letter
❑ Inland of support documents
❑ Coastal Resource Area Type: - Identifying number or letter
❑ Inland of support documents
3.5
L
C Coastal Resource Area Type: Identitymg number or letter
• Inland of Support documents
2. Clearly,completely and accurately describe, with reference to supporting plans and calculations where
necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work
does not alter an area specified in Part 1, Section 10.02(1) (a) of these regulations; or
(b) if work in the Buffer Zone will alter such an area,all measures and designs proposed to meet the
performance standards established for the adjacent resource area specified in Part 11 or
Part III of these regulations.
Coastal Resource Area Type Bordered By 100-Foot Discrehonary Zone: Idenhtymg number or letter
Inland of support documents
3.6
I
Part V:Additional Information for a Department of the Army Permit
1 . COE Application No. 2.
(to be provided by COE) (Name of waterway)
3. Names and addresses of property owners adjoining your property:
4. Document other project alternatives(i.e., other locations and/or construction methods, particularly those
that would eliminate the discharge of dredged or fill material into waters or wetlands).
5. 81/2" x 11 " drawings in planview and cross-section,showing the resource area and the proposed activ-
ity within the resource area. Drawings must be to scale and should be clear enough for photocopying.
Certification is required from the Division of Water Pollution Control before the Federal permit can be
issued.Certification may be obtained by contacting the Division of Water Pollution Control,1 Winter Street,
Boston, Massachusetts 02108.
Where the activity will take place within the area under the Massachusetts approved Coastal Zone
Management Program,the applicant certifies that his proposed activity complies with and will be conducted
in a manner that is consistent with the approved program.
Information provided will be used in evaluating the application for a permit and is made a matter of public
record through issuance of a public notice.Disclosureof this information isvoluntary,however,if necessary
information is not provided, the application cannot be processed nor can a permit be issued.
I hereby certify under the pains and 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.
Signature of Applicant Date
Signature of Applicant's Representative Date
FORM -Exception to ENG Form 4346 approved by HQUSACE. 6 May 1982".
NED 100 (TEST) ,
1 MAY 82 ..This document contains • joint Department of the Army and State of Massachusetts application
for a permit to obtain permuuon to perform activities in United Star, rater.. The Offire
of Management and Budget (OMB) has approved those question. required by the US Army Corp.
of Engineers. OMB Number 0702.0036 and expiration data of 30 September 1983 applies'. This
statement rill be at in 6 paint type.
3.7
,r
310 CMR 1 .99
r DFP Fife No.
Form 3 Cra be Pad 67 DEi)
City/row Salem
Applicant Robert L. Bouchard
Commonwealth Department of
of Massachusetts Defense
United States
Notice of Intent of America
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
and
Application for a Department of the Army Permit
Part I: General Information
1. Location: street Address Lot 5 - Linden Avenue Extentsion, Salem, MA
Lot Number
Sin gQle Family
2. Project: TypepwaMng Description . Construction of a single family
dwelling, Subsurface Sewage Disposal System, driveway, utilities
and landscaping in Buffer Zone.
1.Registry: County. Essex Current Book 7073 6 page 78
Certificate (if Registered Land)
4. Applicant Robert L. Bouchard Tel. 744-9535
Address 110 Jefferson Avenue, Salem, F1A 01970 - -
5. Property owner ' Robert L. Bouchard Tel. 744-9535
Address 110 Jefferson Avenue, Salem, MA 01970
6. Representative Hancock Survey Associates,. Inc. Tel. 777-3050
Address 235 Newbury Street, Danvers, MA 01923
7. a. Have the Conservation Commission and the Department's Regional office each
been sent, by certified mail or band deliver, 2 copies of completed Notice of
Intent, with supporting plans and documents?
Yes ® NO ❑
b. Has the fee been submitted? Yes 11 No ❑
c. Total Filing Fee submitted $250 . 00
d. City/Town share of Filing Fee $137,50 State share of Filing Fee $112 .50
(sent to City/Town) M of fee in excess of f25, sent to DEP)
e. Is a brief statement attached indicating how the applicant calculated the
fee? ® Yes ❑ No
3-1
Effective 11/20/92
8. Have all obtainable permits, variances and approvals required by local by-law
been obtained?
Yes ❑ No ®{
obtained Applied For: Not Applied For:
Disposal Works Construction
Permit
9. Is any portion of the site subject to a wetlands ggstriction order pursuant
to G.L. C. 131, S40A or G.L. c. 130, S1057 Yea LJ No)m
10. List all plans and supporting documents submitted with this Notice of
Intent.
Identifying
'Number/Letter Title, Date
Proposed Subsurface Sewage Disposal System
A Lot 5, Linden Ave. Extension, by HSA dated 6/1/93
B USGS Locus Map
C Wildlife Habitat Map
D List of Abutters
E Fees and related doucments
11. Check those resource areas within which work is proposed:
(a) 0 Buffer zone
a (b) inland:
❑ Bank* Land subject to Flooding
❑ Bordering vegetated wetland* ❑ Bordering
❑ Land under water Body s waterway* ❑ Isolated
(c) coastal:
❑ Land under the ocean* ❑ Designated Port Area*
❑ coastal Beach* ❑ Coastal Dune
❑ Barrier Beach* ❑ coastal Bank
❑ Rocky Intertidal shore* ❑ salt Marsh*
❑ Land Under Salt Pond* ❑ Land containing shellfish*
�. ❑ Fish Run* -
*Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. .
See General Instructions for completing Notice of Intent.
3-2
12. Is the project within estimated habitat which is indicated on the most
recent Estimated Habitat Map of State-Listed Rare wetlands wildlife (if any)
published by the Natural Heritage and Endangered species Program?
YES [X ] NO [ ] Date printed on the Estimated Habitat Map
NO MAP AVAILABLE [ ] (if any) 1997- Edition
if yes, have you sent a copy of the Notice of Intent to the Natural Heritage
and Endangered Species Program via the U.S. Postal Service by certified or
priority mail (or otherwise sent it in a manner that guarantees delivery
within two days) no later than the date of 'the filing of this Notice of
Intent with the conservation commission and the DEP regional office?
YES [ ] NO [ ]
If yes please attach evidence of timely mailing or other delivery to the
Natural Heritage and Endangered Species Program.
Part II: Site Description
Indicate which of the following information has been provided (on a plan, in
narrative description or calculations) to clearly, completely and accurately
describe existing site conditions.
identifying
Number/Letter
(of plan, narrative
or calculations)
A Natural Features
Soils
A
Vegetation
A,B,C Topography
B,C includin Open water bodies
(including( • g ponds and lakes)
B,C Flowing water bodies(including streams and rivers)
Public and private surface water and ground water supplies
on or within 100 feet of site
A Maximum annual ground water elevations with dates and
location of test
A Boundaries of resource areas checked under Part 1, item li
above
Other
Man-made Features:
B,C Structures such as buildings,
( g piers, towers and
headwalls)
Drainage and flood control facilities at the site and
immediately off the site, including culverts and open
channels (with inverts), dams and dikes
Subsurface sewage disposal systems
Underground utilities
3-3
A,B,C Roadways and parking areas
A Property boundaries, easements and rights-of-way
' other
i
Part III: work Description -
indicate which of the following information has been provided (on a plan, in
narrative description or calculations) to clearly, completely and accurately
describe work proposed within each of the resource areas checked in Part 1,
item 11 above.
Identifying
Number/Letter
(of plan, narrative
or calculations)
I Pl
A anView and Cross section of:
Structures(such as buildings, piers, towers and headwalls)
Drainage and flood control facilities, including culverts
and open channels(with inverts), dams and dikes
A Subsurface sewage disposal systems 3 underground utilities
Filling, dredging and eAbavating, indicating volume and.
composition of material
Compensatory storage areas, where required in accordance -
;., with Part III, section 10.57(4) of the regulations.
wildlife habitat restoration or replication areas
Other
Point source Discharce N/A
Description of characteristics of discharge from point -
source (both closed and open channel), when point of
discharge falls within resource area checked under 'Part 1,
item 11 above, as supported by standard engineering
calculations, data and plans, including but not limited to
the following:
1. Delineation of the drainage area contributing to the-point of discharge;
2: Pre-and post-devetopment peak run-off from the drainage area, at the point of discharge, for at least
the 10-year and 100-year frequency storm;
3. Pre- and post-development rate of infiltration contributing to the resource area checked under Part 1,
item it above;
6. Estimated water quality characteristics of pre- and post-development run-off at the point of
discharge.
3-4
Part IV: Mitigating Measures
1. Clearly, completely and accurately describe, with reference to supporting plans and calculations where
necessary:
(a) All measures and designs proposed to meat the performance standards set forth under each
resource area specified in Part it or Part III of the regulations; or
(b) Why the presumptions set forth under each resource area specified in Part 11 or Part III of the
regulations do not apply.
�f
❑ Coastal Resource area Types Identifying number or
❑ Inland letter of support
't _ documents pp
n� s
.r
❑ Coastal Resource area Type: Identifying number or
❑ Inland letter of support
6 documents
3-5
0 coastal Resource Area Type: Identifying number or
❑ Inland letter of support
documents
2." clearly, completely and accurately describe, with reference to supporting plans and calculations where
necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work
- does not alter an area specified in Dart I, Section 10.020)(a) of these regulations; or
—(b) if work in the Buffer Zone will alter such an area, all measures and designs proposed to meet
the performance standards established for the adjacent resource area, specified in Part It or
Part III of these regulations.
A Coastal Resource Area Type Bordered Identifying number or
25 Inland' "` By' 100—Feet Discretionary Zone: letter of support
BANK documents
(a) Construct and maintain a hay bale silt
check prior to commencement a constructs n
and until all newly graded areas are
mulched and landscaped and/or stabilized
by vegetation.
All newly graded areas will be loamed
and seede or landscaped and mulched.
3-6
Part vs Additional Information for a Department of the Army Permit
1. COE Application No.
(to be provided by COE)
2.
(Name of waterway)
3. Names and addresses of property owners adjoining your property:,
4. Document other project alternatives (i.e., other locations and/or
construction methods, particularly those that would eliminate the
discharge of dredged or fill material into waters or wetlands) .
5. 8h" x 11" drawings in planview and cross-section, showing the resource
area and the proposed activity within the resource area. Drawings must be
to scale and should be clear enough for photocopying.
certification is required from the Division of water Pollution Control before
the Federal permit can be issued. Certification may be obtained by contacting
the Division of water Pollution Control, 1 winter street, Boston,
Massachusetts 02108.
Where the activity will take place within the area under the Massachusetts
approved Coastal zone Management Program, the applicant certifies that his
proposed activity complies with and will be conducted in a manner that is
consistent with the approved program.
Information provided will be used in evaluating the application for a permit
and is made a matter of public record through issuance of .a public notice.
Disclosure of this information is voluntary; however, if necessary information
is not provided, the application cannot be processed nor can a permit be
issued.
i hereby certify under the pains and penalties of perjury that the foregoing'
Notice of intent and accompanying plans, documents and supporting data are
true nd complete, to the best of my knowledge.
6 3 93 _
Sig of pl'cant Date
6 3 93
Signature of Applicant's Representative Date
FORM "Exception to ENO Form 4345 approved by MOUSACE, 6 May 1982" -- - -
NED 100 (TEST)
1 MAY 82 "This document contains- a joint Department of the Army and State of
Massachusetts application
pp on fora permit to obtain permission to perform
activities in United States waters. The Office of Management and
Budget(OMB) has approved those questions required by the US Army Corps of
Engineers. OMB Nunber 0702-0036 and expiration date of 30 September 1983 C
applies". This statement will be set in 6 point type.
3-7
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NoNil
IF
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1 1 NO
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Form 5 DEQE File No.
ITo be provided by OEOEI
l Commonwealth city/Town City of Sat a m
of Massachusetts Applicant Robert B o t bra rA
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
From Salem Conservation Comm ' cc '
To Robert Bouchard same
(Name of Applicant) (Name of property owner)
Address 23 Linden Ava cntem Address same
145 Tedesco St. Marblehead
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
U by certified mail,return receipt requested on April 20 , 1989 (date)
This project is located at 23 Linden Ave, Salem
The property is recorded at the Registry of Essex County
Book 7073 Page 78
Certificate(if registered)
The Notice of Intent for this project was filed on April 3 . 1989 (date)
The public hearing was closed on April t 1 . t 4 u g_ (date)
Findings
The Salem Consprvar; nn -Ccimjssj-ea has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Commission atthistime,the Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
❑ Public water supply ❑ Flood control ❑ Land containing shellfish
❑ Private water supply ❑ Storm damage prevention ❑ Fisheries
❑ Ground water supply ® Prevention of pollution ® Protection of wildlife habitat
5.1
Effective 11/1/87
c� �
i
1
Therefore, the Commission hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above. The ( n mm i g g;, V orders that all work shall be performed '
in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice
of Intent, the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas-
ures, shall be deemed cause to revoke or modity this Order.
2. This Order does not grant any property rights or any exclusive privileges: it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes, ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
✓either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act: or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
a 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,containing no trash, refuse, rubbish or de-
bris, including but not limited to lumber, bricks, plaster,wire, lath, paper,cardboard, pipe, tires,ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located, within the chain of title of the affected property. In the
case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land. the
Final Order shall also be noted on the land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done.The recording information shall be submitted to the Commission
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number
10.Where the Department of Environmental Quality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings
and hearings before the Department.
11 . Upon completion of the work described herein,the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12.The work shall conform to the following plans and special conditions:
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6
Plans:
Title Dated Signed and Stamped by: On File with:
Special Conditions(Use additional paper It necessary)
1 Those bank areas requiring alteration will be '-regraded to a
2 ' horizontal to a 1 ' vertical slope , loamed and seeded .
2 . Rip-rap shall be installed at base to hold existing toe
of slope .
3. Any changes in the approved work shall require the applicant
to file annew Notice of Intent , or to inquire of the Commission
in writing as to whether the changes are substantial enough to
require a new filing .
4 . Conservation Commission members and/or their designated agent
reserve the right to enter and inspect the site during construction.
........................................................................................................................................................................._... .......
(Leave Soace Blank)
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Plans:
Title Dated Signed and Stamped by: On File with:
Special Conditions(use additional paper if necessary)
.......................................................................................................................................................................................
(Leave Space 81enk)
5.38
ssued By Salem Conservation Commission
Signature(s) '
/ t
U
Is rder must be signed by a majority of the Conservation Commission.
On thi � ,&— day of 19 _,before me
personally appeared to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the sameAs his/her free act and deed.
Notary Public y commissioffxxpires
The applicant.the owner•,any person aggrieved by this Order.any owner of land abutting the land upon which the proposed work is to
be dons or any ten rewdents of the city or town in which such lard Is located are hereby notified of their right to request the Deol rtment
of Environm rntal Quality Engineering to issue a superseding order.providing the request Is made by ceratied mail or hand delivery to
the Department within ten days from the date of Issuance of this Order.A copy of the request abet at the same nine be sent by certified
mad or hand delivery to the Conservation Commission and the applicant.
Detach on dotted line and submit to the prim to commencement of work.
To Issuing Authority
Please be advised that the Order of Conditions for the protect at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition a on . t 9—
If recorded land. the instrument number which identifies this transaction is
If registered land.the document number which identifies this transaction is
Applicant
pplicant
5.4A
Issuea by the Department of Environmental Quality Engineering.
Signature
On this day of 19 . before me
personally appeared to me known to be the person
described in and who executed the foregoing instrument and acknowledged that he/she executed the same
as his/her free act and deed.
Notary Public My commission expires
The applicant,the owner.any person aggneved by this Superseding Order.any owner of land abutting the land upon which the ma.
posed work is to be done of any ten persona pursuant to G.L.c.30A.§1 OA.are hereby notified of their right to request an adrydicatory
hearing pursuant to G.L 30A,§10.providing the request is made by cerbped mad or hand delivery to the Department within ten days
from the date of issuance at the Superseding Order.and is addressed to: Docket Clerk,Office of General Counsel.Department of
Environmental Ouabty Engineering,One Winter Street Boston,MA 02108.A Copy of the request shell at the same time be sent by
certified mad or hand delivery to the conservation commission,the applicant.and any other parry.
n A Notice of Claim for an Ad)udicatory Nearing shell comply with the Depamnenrs Rules for Adludicatory Proceedings,310 CMR
G" 1.01(6).and shall contain the following information: _ , ,
(a) the DECE Wetlands File Number.name of the applicant and address of the project: -
Q (b) the complete name,address and telephone number of the parry filing the request,and.if represented by counsel.the name and
address of the attorney:
(e) the names and addresaas of all other parties,if known:
r (d) a clear and concise statement of(1)the facts which are grounds for the proceeding,(2)the objections to this Superseding Order.
i iduding specifically the manner in which it is alleged to be tncamustent with the Department's Wetlands Regulations 1310 CMR
10.00)and does not contribute to the protection of the interests identified in the Act.and 13)the relief sought through me adju-
dicatory hearing,including specifically the changes desired in the Superseding Order,
(1 (a) a statement mat a copy of the request has been sent to the applicant the Conservation Commission and each other party or red•
• h ��,,jjJJ resentatve of such party,if known.
`7J 1 Failure to submit all necessary information may result in a dismissal by the Department at the Nonce of Claim for an ACludicatory Meannq.
� ^ f
vJ
1\
Detach on dotted line and submit to the prior to commencement of work.
To Issuing Authority
Please be advised that the Order of Conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on . 19_
If recorded land, the instrument number which identifies this transaction is
Y
If registered land. the document number which identifies this transaction is
Signature Applicant
5.4B
- — I
Conservatim Commissim
Salem. Massachusetts 01970
TO: Conservation Commission Members
FROM: Kathy Winn, Conservation Administrator
RE: Notice of Intent - Robert Bouchard, 25 Linden Avenue
Following issuance of an Enforcement Order for unauthorized placement
of fill in a wetland area, and a subsequent site visit by Conservation Commission
members, Mr. Bouchard has filed a Notice of Intent for a proposed bank
stabilization project involving correction of an existing slope to a 2':1' seeded and
loamed slope.
Mr. Bouchard will be present to answer further questions so that an Order
of Conditions may be issued.
Forst 9' DEOE Fae No.
\� (To be wove by DEOM
Commonwealth City/Tovm S a l e m- Mn
of Massachusetts Applicant
Q
Enforcement Order
Massachusetts Wetlands Protection Act, G.L c. 131 , §40
From Salem Conservation Commission 'Issuing Authority
r
To Robert Bouchard, 145 Tedesco St. , Marblehead Ma
Date of Issuance March 16 , 1989
Property lot/parcel number, address M a p 30 L o t 9 1 29 TAncipn Au, s a T A m Mn
Extent and type of activity.
Placement of fill in a Wetland/Buffer Zone area.
The Salem Conservation Commission has determined that the activity described
above is in violation of the Wetlands Protection Act, G.L c. 131, §40, and the Regulations promulgated pur-
suant thereto 3101CMR 10.00, because:
®X Said activity has been/is being conducted without a valid Order of Conditions.
* Said activity has been/is being conducted in violation of an Order of Conditions issued to
dated
File number Condition number(s)
O Other(specify)
The Salem Conservation Comm;.&; n hereby orders the following:
EX The property owner, his agents• pennittees and all others shall immediately cease and desist from further
activity affecting the wetland portion of this property.
Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
9.1
105
❑ .Completed application fors and plans as required by the Act and Regulations shall be filed with the
on or before (date),
and no further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work Application fors are available at:
$$ The property owner shall take every reasonable step to prevent further violations of the act.
U Other(specify)
Please contact Kathleen Winn , Salem Conservation Commission
at (508) 745-9595 ext. 311 , upon receipt of this notice .
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap-
ter 131, Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine of not more
than one thousand dollars or by imprisonment for not more than six months or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to: Kathleen Winn : Staff A d v i s o
Issued by Salem Conservation Commission .
Signature(s) —
(Signature of-delivery person
or certified mail number)
it
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