96 HIGHLAND AVENUE - BUILDING INSPECTION 96 Highland Ave.
A
Form 2
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DEQE Ffe No.
y DEOE)
Salem
Commonwealth Cityrl cr m
of Massachusetts Stamski & McNa
ry, Acton
-: Determination of Applicability ,
Massachusetts Wetlands Protection Act, G.L c. 131, §40
_ From Salem Conservation Commission Issuing Authority
Mrc' Bruce M: Stamskl "Mr: Ronald J. Gauthier
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(Name of person making request) _ ___ (Name of property owner)-
Address 164 Great Road, Acton Addresq^ 96:Highl� annd Avenue ipm`'�
This determination is issued and delivered as follows
O by hand delivery to person making request on relate}
® by certified mail,return receipt requested on Mar. 10, 1986 (date)
Pursuant to the authority of(1Lo- 131, §4p,the Salem .ongprva+;nn r,,,=;rgi4,,R
has considered your request for a determination of Applicability and its supporting documentation,and has
made the following determination(check whichever is applicable):
This Determination is positive:
1. ❑ The area described below,which includes all/part of the area described in your request,is an Area
Subject to Profa4tion Under the Act.Therefore,any removing,filling,dredging or altering of that
area requires the filing of a Notice of Intent
2. ❑ The work described below,which includes all/part of the work described fn)eour request,"is:within
an Area Subject to Protection Under the Act and will remove,fill, dredge or alter3hat area.There-
fore, said work requires the firing of a Notice of Intent. m t
2-1
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3. D The work described below, which includes all/part of the work described in your request; is within
the Buffer Zone as defined in the regulations,and will alter an Area Subject to Protection Under
the Act.Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative:
1. ZY The area described in your request is not an Area Subject to Protection Under the Act
All inappropriate materials shall be removed from the site; any new fill shall be
2. CI The work described in your request is within an Area Subject to Protection Under the Act, but will clean.
not remove, fill, dredge,or alter that area.Therefore,said work does not require the filing of a
Nance of Intent.._ .. . _.
3, L7 _ . The work described inour request equesf is within the Butter Zone,as defined in the regulations,but wig
not alter an Area Subject to Protection Under the Act.Therefore, said work does not require the
fMng of a Notice of Intern.
4. ❑ The area described in your request is Subject to Protection Under the Act,but since the work
described therein meets the requirements for the fallowing exemption,as specified in the Act and
the regulations,no Notice of Intent is required:
Salem
issued by Conservation Commission
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Signatuie( r
,
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This Determination must be signed by a majority of the Conservation Commission.
27th
• - On this day of February 19 $6 , before me
personally appeared the above-names 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 ac and deed.
9-9-88
`I Nlotaty Public V My commission expires
This o2i;wt ttnation does not relieve the applicant from complying with all otter applicable federal.state or torsi statutes•orfirsartces.
by-laws or rxqulations.This Determination shall be valid for three years form the date of issuance. - .
The applicant,the owner,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed
work is to be done,or any ten residents of the city or town in which such Land is located,are hereby notified of their right to request the
Department of Environmental Ouality Engineenng to issue a Superseding Determination of Applicabifity,providing the request is made
by certified mail or hand delivery to the Department wtthm ten days from the date of issuance of this Determination.A copy of the request
shall at the same time be sent by cartified mail or hand delivery to the Conservation Commission and the applicant.
2.2A
Conservation Commission
v. Salem, 31assachusetts 01970 ��.
Telephone (617) 745-5056
vt .
June 24, 1982 q, ;� ,A
ss _
Mr. Ronald Gauthier
126 New Balch Street
Beverly, MA . 01915
Dear Mr. Gauthier.
Enclosed please find your Determination for the addition
you propose to build on your property at 96 Highland Avenue,
Salem, MA. The Commission has determined that the area shown
on your plan entitled "Proposed Addition to be built at 96
Highland Avenue, Salem, " dated October 1, 1981, is subject to
the Wetlands Protection Act,. but the work is not dredging, re-
moving, filling, or altering, and therefore a Notice of Intent
is not required.
However, the Commission voted to add a proviso to this
Determination which requires that the fill now being stored
on the embankment be removed by August 11 1982.
If there is any further information or help you may need
regarding this matter, please do not hesitate to contact either
myself or any Commission member.
Sincerely yours,
Susan Madison
Conservation/Planning Aide
SM/dey
Enclosure
�:.
FORM 2
COMMONWEALTH OF MASSACHUSETTS
DETERMINATION OF APPLICABILITY OF THE WETLAND PROTECTION ACT
G.L. C.131 s. 40
To: Mr. Ronald J. Gauthier DATE:
126 New Balch Street, Beverly, MA. June 24, 1982
Pursuant to the authority of C.L. C.131 s.40, the Salem Conservation
Commission has considered your request for a
determination of applicability together with the plans submitted with it and
has made the following determination:
1. [ ] The area shown on the plans is not subject to the.Act.
2. [ j The entire area shown on the plans is subject to the Act and shall
require a filing of the Notice of Intent.
3, [ ] Only the area desatibed below is subject to the Act and shall.
require a filing of the Notice of Intent:
4, (X ] The area shown on the plans is subject to the Act but the proposed
work is not dredging, filling, removing, or altering, and there-
fore a Notice of Intent is not required. See proviso in at-
tached letter,
5. The determination that the work is not subject to the Act shall expire
within one (1) year from the date herein.
6. 'This determinaL'ion does not relieve the person requesting the determine- '
tion from complying with all other applicable federal, state or local
statutes, ordinances, by-laws, and/or regulations.
? ^ilur_ to conpl; with this deteraination. and with all related statutes
and other regulatory measures shall be deemed cause to revoke or modify
the said determination.
8. No work may be commenced under this determination until ppeal ods
ISSUED
i,EM ONSERVppTION CON]ViIS�SI
Where the Department of Environmental Qua ity ng veering issues a ne ative
superseding determination, you are hereby notified of your right to a formal
hearing provided it is made within ten (10) days from the date of the super-
seding determination of the Department of Environmental Quality Engineering.
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