419 LAFAYETTE STREET - BUILDING INSPECTION y/9 �i� ,��9. .
so
Form2 .. - ll -.;( -, DEQE Re No.
5
" .. p L ISI �. .-. - (7o be pro ed by DECE)
. f;(rY city/Town Salem_
( Commonwealth
otMassachusetts John Brennan
Applicant
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L c. 131, §40
Fro Salem Conservation Commt = 'n Issuing Authority
T ...,John Brennan came
(Name of person making request)
(Name of property owner)
Ade 419 Lafayette St . _— " Address same
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
>X by certiried mao.return receipt requested on (date)
Salem Conservation Commission
Pursuant to the authority of G.L a 131, §40,the
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,
13 The area described below,which includes all/part of the area described in your request, s an Area
Subjectto Protection Under the Act Therefore,any removing, filling, dredging or altering of.that
area requires the filing of a Notice of Intent
2 p�, The work described below.which includes all/part of the work described in your request is"within
an Area Subject to Protection Under the Act and will remove,fill,dredge or a ter that ores There
tore,said work requires the firing of a Notice of Intent.
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3. ❑ 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 firing of a Notice of Intent.
This Determination is negative:: -
1. ❑ The area described in your request is not an Area Subject to Protection Under the Act
2. ❑ The work described in your request is within an Area Subject to Protection Under the Act,but will
not remove,fill,dredge,or alter that area.Therefore, said work does not require the filing of a
Notice of Intent -
3. ❑ The work described in your request is within the Buffer Zone,as defined in the regulations,but will
not alter an Area Subject to Protection Under the Act.Therefore,said work does not require the
Hiring of a Notice of Intent
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 following exemption,as specified in the Act and
the regulations,no Notice of Intent is required:
Issued by S \� Co servation Commission.
Signature(s)
Q7
_ I
t
This Determination must be signed by a m- rity of the Conservation Commission.
• On this 36 ay of Y) 19 00�O before me
personalty 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 isther free a d deed
Norory'Public My commission expires
- Thi3 Deterismaf-an does not relieve the aODticant from tomplying with all other applicable federal,state or local statutes,Ordinances.
bvtaws yrreQt, tions.This Determination shall be valid for three years form the date of issuance. -
nai sppGcsnt,the owner,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed
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work is to be done,or any ten residents of the city or;own in which such land is located•are hereby notified of their right to request the
Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability,providing the request is made
by certified mail or hand delivery to the Department within ten days from the date of issuance of this Determination.A copy of me request
shall at the same time be sent by candied mail or hand delivery to the Conservation Commission and the applicant.
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1 Form . . - - . .DEQE Fila No.1 6 '-93
. _ (Tobe provided by DEG E)
Commonwealth City/Town
Salem
of Massachusetts Applicant John R- Kpanp
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
From SALEM CONSERVATION COMMISSION
To _ .John Keane - - Steve Salvo
(Name of Applicant) (Name of property owner)
419 A Lafayette Street Raymond Avenue
Address Sal pm MA mg7n Addressi e, _9i-Q7A
This Order is issued and delivered as follows:
❑ Eby hand delivery to applicant or representative on (date)
Rk by certified mail,return receipt requested on (date)
This project is located,a t, Riverbank Road, .Salem, MA.
The property is recorded at the Registry of Deeds, Essex
Book— 6472 Page 589
Certificate(if registered)
-
The Notice of Intent for this project was filed on June 9, 1983 - (date)
The public hearing was closed on July 28, 1983 (date)
Findings
The Salem Conservation 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
Conservation Commission at this time,the Conservation o mission 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 �1 ySt6rm damage prevention
❑ Privatewater supply E reventionofpollution
❑ Groundwater supply Mand containing shellfish
❑ Flood control Fisheries
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Therefore,the Salem Conservation Commission hereby finds that the following conditionsare
necessary, in accordance with the Performance Standards set forth in the regulations,to protect those inter-
ests checked above.The Concervat;on Comm;G G;nn 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 modify 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 orlocal statutes,ordinances,by-law's or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act;or
(b) the time for completion has been extended to a specified date more than three years,but less than
five years,from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order-
6. Any 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 Conservation Comm-
on the format 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 64-93
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 themfollowingplans.and special conditions: "c
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Plans:
Title Dated Signed and Stamped by: On File with:
Plan of Land in Salem, MA. ,
Property of Joyce P. Chase, et al
6-19-83 Robert B. Bowman Essex Surbey�,Servicc!ej?.'Salem
• yg111l�11q•'"
Special Conditions(Use additional paper if necessary)
1. All work shall conform to above-referenced plan.
2. Bank shall be retained by railroad tie cribbing as noted on plan.
3. Excavated materials shall be stored on landward side of property..above elevation
18.00.
4. As-built drawings signed by a Registered Professional Engineer shall be sub-
mitted to the Commission prior to issuance of a Certificate of Compliance.
............................................................................................................................................
(Leave Space Blank)
C
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. SALEM
Issued By Conservation Commission
Signatures) - \
�p'1'ry)II/III' i ` ✓ � _ ...
This Order,nV at'be signed by a majority of the Conservation Commission.
On this 22 nd day of August tg 83 before me
personally appearetomeknown.tobethe .
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the sape as his/her free act a d deed.
9-9-88
Notary Public My commission expires
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 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 Duality Engineering to issue a Superseding Order,providing the request is madeby certified mail or hand delivery to
the Department within ten days from the date of issuance of this Order.A copy of the request shall at the same time be sent by certified -
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mail brhand delivery to the Conservation Commission and the applicant.
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 propertyin accordance with General Condition 8
'- if recorded land,the instrument number which identifies this transaction is- -,
If registered land,the document number which identifies this transaction.is -
Signature _ _ Applicant
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