Loading...
AMANDA WAY - CONSERVATION COMMISSION (2) RDA Lot-19 Amanda Lvay =' r d I J UNITED STATES PgKj VEFt ,.,h_+�.5 �w EQ 'Ygj�,,,,- as paw MA OIS M 07 AUG 2-oo7 ams+ •®der:Pleasvrint your name, address, and ZIP+ m this box •LIJ «�w S z-o _ �w w ? Salem Conservation Commission_ W 120 Washington Street,3rd Fl U z Salem,MA 01970 W a oa U a L4 . COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sigr1ature item 4 if Restricted Delivery is desired. ��/} /'� �, ant ■ Print your name and address on the reverse t7 C/L. - i�rre ssee so that we can return the card to you. B. R ed (Panted Na e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. e0�- (/7 D. Is delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Mr.Paul DiBiase Osborne Hills Realty Trust PO BOX 780 3. Service Type Lynnfield, Ma 01940 ❑certified Mall ❑Express Mail { O Registered ❑ Return Recelpt for Merchandise `- — — - '� ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes z. Article Number t 7.005 311p 0000` 71T6 704; (transfer from service laben PS Form 3811,February 2004 Domestic Return Receipt 102595-02-Wl1 UNITED STATES PIMft's :'X--;ESS a it MAO1S 1 L 9 Sender: Fuse print your name, address, and ZIP+4 in this box � zp V Z W { 00 J W cm o Salem Conservation Commission Lua 120 Washington Street,3rd FI a o Salem,MA 01970 0 U thA, LA 11 I I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. /� e ��,'/, M i7 gen ■ Print your name and address on the reverse X (�(�. (,C f(•'L Addressee so that we can return the card to you. B, ec ' d ( 'nfed Name C. Date of Delivery ■ Attach this card to the back of the mei piece, or on the front if space permits. 90 if -07- 6, 7 D. Is delivery address different from Rem 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Mr. Paul DiBiase Osborne Hills Realty Trust PO BOX 780 3. Service Type Ili Lynnfield Ma 01940 [Ngllged Mail 0 Express Mall i , egisfered ❑ Return Receipt for Merchandise ❑ Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑_Yes 2. ArtldeNumber +' - 17005 ` 3'.110' 0000 `7176"7667 (transfer from service label) +i .I r Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ' ��cosmrtb 4 'QiT CITY OF SALEM * Z CONSERVATION COMMISSION August 6, 2007 Mr. Paul DiBiase Osborne Hills Realty Trust PO Box 780 Lynnfield, Massachusetts 01940 Re: Determination of Applicability Lot 19 Amanda Way, Salem,Massachusetts Dear Mr. DiBiase: Enclosed, please find the Determination of Applicability for the above referenced project. Following the 10-day appeal period (as of August 15, 2007), you may proceed with your project. Please note that the Commission has issued a Negative 3 Determination stating that the work described is located with the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. The Commission is not requiring that you file a Notice of Intent, however the Commission requests that you include information outlined in the attached additional conditions, relating to information to be included on the property deed for Lot 19 as well as information to be included in the association documents. This Determination is good for three years from the date of issuance, August 6, 2007, except in Areas Subject Protection as stated in the Wetlands Protection Act under MGL c. 131, Section 40. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, Carey Duq es Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office LlMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Salem computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Osborne Hills Realty Trust. return key. Name Name mVQ PO Box 780 Mailing Address Mailing Address Lynnfiled Mat 01940 Ciry/Town State Zip Code Ciry/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Site Development Permit Plan Lots 16-19 & 37-39 May 3, 2007 Title Date Title Date Title Date 2. Date Request Filed: May 31 2007 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): The proposed project includes the construction of a boulder wall, grading and landscaping within the buffer zone of BVW on Lot 19 on Amanda Way. Project Location: Lot 19 Amanda Way Salem Street Address City/Town Map 9 Parcel 1 (portion) Assessors Map/Plat Number ParceVLot Number w aforrr2.doc•rev.3/1/05 Page 1 of 5 ILIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act.Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpafo,mV.doc-rev.3MI05 Page 2 of 5 i Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6.The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request,the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability, work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1.The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2.The work described in the 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 the 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 filing of a Notice of Intent, subject to the following conditions (if any). See attached sheet. ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone).Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. Page 3 of 5 "aform2.dm•rev.311105 t Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. 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: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on by certified mail, return receipt requested on Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Attachment) and the property owner(if different from the applicant). Signature . J` 0 July 26, 2007 Date wpalcrm2.doc•rev.311/05 Page 4 of 5 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands LI WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, 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 appropriate Department of Environmental Protection Regional Office (see Attachment)to issue a Superseding Determination of Applicability.The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant.The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. w alorme.do •rev.3/1105 Page 5 ol5 codmr,�. CITY OF SALEM CONSERVATION COMMISSION Determination of Applicability Special Conditions Osborne Hills SubDivision Lot 19 on Amanda Way,Salem,MA The Salem Conservation Commission finds this Request for a Determination of Applicability negative so long as the following Special Conditions are met: 1. The applicant shall include the following information in the association documents for Lot 19 located on Amada Way. 2. The applicant shall include the following language in the deed for Lot 19 located on Amada Way: "the owner(s)of Lot 19,pursuant to said Order of Conditions and the Massachusetts Wetlands Protection Act, are prohibited from certain activities.Certain prohibited activities shall remain in affect notwithstanding the issuance of a Certificate of Compliance relating to the Order of Conditions. These prohibited activities include: installation of a swimming pool,re-grading or filling of the lot, adding additional impervious material such as bituminous concrete or regular concrete or any other activity that would be regulated by the Massachusetts Wetlands Protection Act. The activities that are prohibited,however,may occur upon appropriate approvals obtained from the Salem Conservation Commission or the Massachusetts Department of Environmental Protection or any successor entity." A copy of the deed shall be submitted to the Conservation Agent to be included in the project file. 3. The applicant shall include language in the association documents stating"The subdivision is developed within and around Wetland areas that are subject to the jurisdiction of the Salem Conservation Commission. The dumping of leaves,yard waste,debris or any other material into any Wetland area or into the Open Space or Common Parcels is prohibited. The Owners of any Lot responsible for violating this prohibition shall be responsible financially and criminally for any violation of this prohibition, including all costs(including court costs and attorney fees)associated with the restoration of the disturbed area." A copy of the association documents shall be submitted to the Conservation Agent to be included in the project file. 4. If the applicant does not comply with these Special Conditions the applicant shall file a Notice of Intent. • `� CITY OF SALEM CONSERVATION COMMISSION PROJECT LOCATION: +!;��a DATE OF SITE VISIT PROJECT PROPONENT:_"t "; -O- DEP FILE NUMBER:_____ PROPOSED WORK: WJ-tVy,S lOk5 Commission Members/Agent: � Abutters: r Applicant/Property Owner/Representative: VISI G C►URPO$Eia L- :XvLT _ x :wr*.<�,�,�si Request for Determination E]Abbreviated Notice of Resource Area Delineation WNotice of Intent Certificate of Compliance ❑Enforcement/Violation Emergency Informal AREAS OF'3 -RISDICTION.,-'�KZ ' INLAND RESOURCE AREAS COASTAL RESOURCE AREAS ❑Bank Land Subject to Coastal E]Land Under the Ocean ❑Bordering Vegetated Wetland Storm Flowage ElLand Subject to Flooding D Designated Port Area El Coastal Beach ❑Land Under Water Bodies or Waterway 13 Coastal Dune ❑Barrier Beach Name: ❑Coastal l B ¢ ❑Rocky Intertidal Shore Riverfront Area '+ ❑ Salt Marsh Land Under Salt Pond ❑Vernal Pools Land Containing Anadromous/Cata- Shellfish dromous Fish Run ❑Bordering Vegetated Wetland in Coastal Area 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 • WWW.SALEM.COM er��a�cz�sr s.s+e:� mz s �rta�x � s" �� .�-�"+-...}'�.�•fi',�E I''.w3 r"4r; 'rix,. ❑Water Body Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune M�mwxax ,.,xraesxs� otcre: ;;.v,. IN[ERESTSiP_RQTEGTED �; ,we d Protection of Water Supply if of Groundwater Supply Flood Control Storm Damage Prevention ELPrevention of Pollution ❑Protection of Fisheries �otection of Wildlife Habitat ❑Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. SICiE*V1t5IT`D000INENTATIO�• a ❑Photos ❑ Site Map ❑Other: +:fiis`Y�s�k�'��m"+� ^K�j' � .'.4{1 Y• v#. Y.�e L� S F � � y�,,�,,..;,,,, Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. l Wt 59 mk- Lys ass A. y It �7 6ak I Ew fQwrycc+ 3a 4o be v " LoAmJkday ! ` d tUJ6 G°q> ,vN.4n.o �^t ►pr a (tet [& RECOMMEQATIONS µ` ' ���� � `tel J OSBORNE HILLS LOTS 16-19 & 37-39 Lot Filing Type Maximum Distance Distance Roof Impervious Impervious Comments Wall Height Work to Dwelling to Recharge Coverage as Coverage as Resource Resource Shown on Proposed Area Area Definitive May 2007 Plan (SF) (SF) 16 NOI 8 FT. 48 FT. 93 FT. Yes (2) 1,925 2,400 Increase 475 SF. Added Roof Rech. 17 NOI 10 FT. 49 FT. 95 FT. Yes (2) 2,060 2,400 Increase 475 SF. Added Roof Rech. 18 NOI 10 FT. 41 FT. 80 FT. Yes (2) 2,060 2,400 Increase 475 SF. Added Roof Rech. 19 RDA 8.5 FT. 78 FT. 104 FT. Yes (2) 2,600 3,100 Increase 500 SF. Added Roof Rech. 37 NOI 4.5 FT. 7 FT. 42 FT. No 1,925 1,925 38 NOI 4.5 FT. 73 FT. 125 FT. Yes 1,920 2,160 Increase 240 SF 39 RDA ----- 78 FT. 137 FT. Yes 1,920 2,400 Increase 240 SF Increased Size of Roof Rech. r CONDITION NO. The deed for lot 13 shall contain the following restrictive language: Lot 13 is subject to an Order of Conditions issued by the Salem Conservation Commission (DEP File # ), recorded at Essex South Registry of Deeds at Book Page . The owners of Lot , pursuant to said Order of Conditions and the Massachusetts Wetlands Protection Act, are prohibited from certain activities. Certain prohibited activities shall remain in affect notwithstanding the issuance of a Certificate of Compliance relating to the Order of Conditions. These prohibited activities include: installation of a swimming pool, re-grading or filling of the lot, adding additional impervious material such as bituminous concrete or regular concrete or any other activity that would be regulated by the Massachusetts Wetlands Protection Act. The activities that are prohibited, however, may occur upon appropriate approvals obtained from the Salem Conservation Commission or the Massachusetts Department of Environmental Protection or any successor entity. l ARTICLE XII CONSERVATION COMNIISSION The subdivision is developed within and around Wetland areas that are subject to the jurisdiction of the Salem Conservation Commission. The dumping of leaves, yard waste, debris or any other material into any Wetland area or into the Open Space or Common Parcels is prohibited. The Owners of any Lot responsible for violating this prohibition shall be responsible financially and criminally for any violation of this prohibition, including all costs (including court costs and attorney fees) associated with the restoration of the disturbed area. yP �� CITY OF SALEM 3 Ci F,« S OFFICE CONSERVATION COMMISSION ZOO] RHI 2`2 A H: 21 City of Salem Conservation Commission Will hold a site visit at Osborne Hills Subdivision Development located off Marlborough Road relating to a Notice of Intent filed under the Wetlands Protection Act,Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands. The purpose of this site visit is to observe the location of the proposed house lots (19,39,38,37, 18, 17 and 16 on Amanda Way and 13, 36, 14, 15, and 35 on Osborne Hill Drive) located within a buffer zone to BVW, located off Marlborough Road, across from McGrath Park. This site visit will be held on Saturday,June 30, 2006 at 8:00 a.m.at Osborne Hills Subdivision located off Marlborough Road across from McGrath Park in Salem, Massachusetts. 7 lV''/ldLGt/Iv0�j Kevin P. Cornacchio Conservation Commission Chairman tris notice PO-Oteu on "OffiCi,-0 uiiett�l �s��tnYe tt�(Wefl l�P ��0111 .ta5S 23A A 23B of F 7 in &Ccordarlw wl'�,1 l)w- 3Q' CITY OF SALEM rRFG,M,h - CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a public hearing for a Request for Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of the Osborne Hills Realty Trust, P.O Box 780, Lynnfield, MA 01940. The purpose of the hearing is to discuss the proposed construction of a boulder wall, grading and landscaping of in the buffer zone of BVW on Lot 19 on Amanda Way off of Marlborough Road. This hearing will be held on Thursday,June 14, 2007 at 6:00 pm in Room 313, City Hall Annex, 120 Washington Street. 4vtti ? Glr";o Kevin P. Cornacchio Chairman Please print legal advertisement on: June 7, 2007 Please send bill to: Attorney John Keilty 40 Lowell Street Peabody, MA 01960 978-531-7900 City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete ftm and make twn copes. Date Reoeived S 1 0 Amount Recehred f as,O O EE Form of Payment aChecic Cash CHECK PAYMENTSs writs check number CASH PAYMENTS1 write dient inibals 0 Sign PenNt Applkattoo Fee [✓'CConservation Commission Fee Payment received for what ser4ioe'7 ❑ Planning Board Fee 0 Old Town Hal Rental'Fae aOther Name of staff person receiving payment AddMonal Notes - —, R t — DATE t. INVOICE i' AMOUNT -- a ri I ,11 IE! p ! JOHNR KEI,LTY, ESQUIRE ti a s3-ns Ali �,Ij1 SI -�:.' tClientstACCO}(/It_ii �i�=i11 ! ��- It I' Uf ti [il 4i-- 1 ' f I 113 t S t I: ISI SII Iti SSj 4O��� LOVVELL�STREET�' t tPEABODY MASSACHUSETTSAP 0196O'tt -S t .— t tti lif=_SiS SII. t Ili PAMOUNT DOLLARS L IE I" :ll�_ 0 DDD DFt 1L I .GA0S59MT= ti " DESGRIPTION;'tt NET AMOUNT-. It til t :I 77 „I i �� I Eastern tklJlk 1!Lynn SMA t � ' _ '_ , e� �t� ii' n•00 i,9'LOu• i:0 i i 30 i 7981: 401 -i 3 2 C it .311• t ,{ Opy i• Qal CT m;and ForDPCD Finance Copy 2:Application Fla • Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Salem WPA Form 1 - Request for Determination of Applicability city/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information's k. Important: When filling out 1. Applicant: forms on the Osborne Hills Realty Trust computer, use Name only the tab key E-Mail Address to move your P. O. Box 780 cursor-do not Mailing Address use the return Lynnfield MA 01940 key. CityfTown State Zip Code 781-844-7026 Phone Number Fax Number(if applicable) 2. Representative (if any): Firm Attorney John Keilty Contact Name E-Mail Address 40 Lowell Street Mailing Address Peabody MA 01960 City/Town State Zip Code 978-531-7900 Phone Number Fax Number(if applicable) B. Determinations 1. I request the Salem make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced below are accurately delineated. ® c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. ❑ d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaforml.doc Page 1 of 4 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): Lot 19 Amanda Way Salem Street Address City/Town 9 1 (portion) Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): Approximately 1,100 SF of land in the northwest portion of Lot 19 Amanda Way. c. Plan and/or Map Reference(s): Site Development Permit Plan May 3, 2007 Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): Construction of boulder wall grading and landscaping. wparorml doc Page 2 of 4 r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1 - Request for Determination of Applicability City/rown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) wpaforml.doc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request(including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Osborne Hills Realty Trust Name P. O. Box 780 Mailing Address Lynnfield City/Town MA 01940 State Zip Code Signatures: 1 also understand that notification of this Request will be placed in a local newspaper at my expense in accordance wit ctio 10.05(3)(b)(1) of the Wetlands Protection Act regulations. l /2,7 Signature AAipAcant Date Sign re a resent9 iv iflany) Date wpaforml.doc Page 4 of 4 M MO BE 'IMP 'NAMR, IT- 07 AX OC W" 007 I; i -��YrAol nf 'rr� C Dg. It M�M, mm'vl l fifififiM, WS,vo'E�WN o� ,N, % Q, qt: Z-Rt� N!� W� E7 '4 0,MAN", V Awl-ARE, n- ,J[A�q� 1,4- P '!'2,K' L & All W -'I, - -),UN I ,v"Now,RPM" 0", N, I Pit N A,,, -21 Mull !l1riJ1J �gl kSM RI 1"AA LIM, .vil IV wilo—i'7 w�y wry (p sm vv E.w• ROW Aw aw, -nn -7 22 If 4 41 "T.1fl'S Rp A IN mm"all, 11.7., U W, 04� g. IMM M-R I% A All M R 'Wvr �,q Aw 14 rl cIY h+ ILI k"n "I km ®r .�,, ;y