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BLANEY STREET - CONSERVATION COMMISSION $ Blaney St.- DPW L P l CITY OF SALEM ' _.CONSERVATION COMMISSION T-he-Salem Conservation Commission will bear a Request for a Determination of Applicability,`.Z under the Wetlands Protection Act, Mass. G.L. j Chapter 131, Section.40, at the Request of the J Salem Department of Public Works.The proposed I work,located within a Buffer Zone,consists of tem- porarily stockpiling large rocks,boulders and proc- essed stone at Blaney Street,Map 41,Lot 278.The j y request will be heard on Thursday, December 9, I f 1993 at 7:00 p.m.,One Salem Green,Second Floor Conference room. Betsy Horne ,. 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I' �����✓✓� ��r � � ' ��",',",. � 1�' " t �1 ....� =-� = : :� � -�� �Ar t� 0, ©d 1 f' f -SUo 2'_ 47 _ 119,4- . 310 CMR 10.99 _ .— DF7:�No. (r:,be p:a filed by DFP) Form 2 Gq/ro" ApPmm co>®onvealth of Xaaaachusetts Dose RegoenFded November 20. 1993 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, 540 From Salem Conservation Commission Issuing Authority To Salem Denartmant of Pnblir Wnrkq nom.,;o1 atr (Name of Person making request) (Name of property owner) Address One Salem Green ' Address Blaney Steeet This determination is issued and delivered as follows: ® by hand delivery to person making request on Dec. 13. 1993 (date) ❑ by certified mail, return receipt requested on (date) Pursuant to the authority of G.L. c.131, 540, the Commission has considered your request for a Determination of Applicability and its sup- porting documentation, and has made the following determination (check whichever is applicable) : Location: street Address Blaney Street Lot Number: 27R Man 41 e 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 Protection tender the Act. Therefore, any removing, filing, dredging or altering or that area requires the filing of a Notice of Intent. 2. ❑ The work described below, which includes all/part 'of the work described in your request, is within an Area subject to Protection ander the Act and will remove, fill, dredge or alter that area. Therefore, said work requires the filing of a Notice of Intent. 2-1 Effective 11/10/89 3. ❑ The work described below, which includes all/part of the work described 'n your requcet, is !44 -h4.n the suffer lone as dwfined i+i the regulations. and will alter an s Sul.i. �L to proi.acLJgn Lrldrr the Act ^hereLore, said work requires the filing 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 filing of a Notice of Intent. SEE ATTACHED CONDITIONS 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 specifried in the Act and the regulations, no Notice of Intent is required: Issued by Salem LL /�/I conservation commission signature(s)- /f7L1 /� ' This ,Decerminati n� st t•e signed by a Vmaiiity of tte c:oasert `ion o�nni.,sion. On this 9th day ofDecember 1993 before me the above mentioned 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. July 15 1999 Notary public my commission Expires This Determination does not relieve the -applicant from complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. This Determination shall be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by this Determination, any owner of lard abutting the lard upon which the proposed work is to be done, or any ten residents of the city or town in which such fend is located, are hereby notified o? their right to request the Department of Environmental Protection to issue a superseding Determination of Applicability, 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 CMR 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 hand delivery to the Conservation Commission and the applicant. 2-2A 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, gai.d work r.=_quirrs the filing 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 filing 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 the Department of Environmental Protection 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 This Sup-rstding Drtcrmination does not relieve the applicant frvn eomplving with Ill other applicable federal, state or local statutes, orr:nnances, by-laws or reguiations. This Superseding Determination sna(t be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by:the Superseding Determination, any owner of land abutting the lard upon which the proposed work is to be done, or any ten persons pursuant to G.L. C. 30A, §10A, are hereby notified of their right to request an adjudicatory hearing pursuant to G.L. c. 30A, §10, 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 CMR 10.03(7) within ten days frac the date of issuance of this Supersedinw.. Determination, and is addressed to: Docket Clerk, Office of General Counsel, Department of Environmental Protection, One winter Street, Boston, MA 02108. A copy of the request shall at the same time be sent by certified mail or hard delivery to the conservation commission, the applicant, and any other party. A Notice of Claim for an Adjudicatory Hearing shell comply with the Department's Rules for Adi'x°'tatory Proceedings, 310 CMR 1.01(6), and shall contain the following information: (a) the DEP Wetlands File Number, new of the applicant, and address of the project;. (b) the camlete name, address and telephone rueder of the party filing the request, and ; if represented by counsel, the name and address of the attorney; (c) the ranes and addresses of ell other parties, if known; (d) a clear and concise statement of (1) the facts which are grourds for the proceeding, (2) the objections to this Superseding Determination, including specifically the manner in which it is alleged to be i wonsistent with the Department's Wet ends Regulations, (310 CMR 10.00) end (3) the relief sought through the ediudicatory hearing, including specifically the changes desired in the Superseding-Determination; (e) a statement that a copy of the request has.bee sent to the epplicant, the conservation commission and each other party or representative of such party, if known. Failure to submit ell necessary may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Nearing. 2-2B SPECIAL CONDITIONS BLANEY STREET 1. The stockpiled material shall not be placed no closer than 30 (thirty) feet from embankment. 2. The prepared roadway composed of stockpile stone shall be prepared prior to the commencement of stockpiling activities. The roadway shall be no closer than ten (10) feet from embankment. 3. Area shall be restored to original condition as shown in pictures dated December 14, 1993, after the completion of this project. r 310 CHIC 10-99 DEP PBe Na (fo be provided by DEP), Form 1 CIt7Ir�nSALEM Apps®t CITY OF SALEM commomrealth of Xasaachusetts Request for a Determination of Applicability Massachusetts Wetlands protection Act, G.L c. 131, §40 1. 1, the undersigned, hereby request that the SALEM conservation commission make a determination, as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the wetlands Protection Act, G.L. c. 131, 540. 2. The area is described as follows. (use maps or plans, if necessary, to . provide a description and the location of the area subject to this request.a Location: street Address BLANEY STREET Lot Number: 278, MAP 41 3. The work in said . area is described below. (use additional paper, if necessary, to describe the proposed work. ) Lot 278 will be utilized as a temporary storage area for large rocks/boulders and processed stone. Stockpiled stone will be secured with 'Jersey barriers, hay bales and tarps if appropriate. I� 1-1 Effective 11/10/89' 4. The owner(s) of the area, if not the person making this request, has been given written notification of this request on 11-9-93 ,(date) The name(s) and address(es) of the owner(s) : DANIEL MACKEY T. MACKEY & SONS, INC. P.O. BOX 366 SALEM, MA 01970 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Protection 11 a,0-93 (date) DEP Northeast Regional office DEP southeast Regional office /k(i 10 commerce way Lakeville Hospital Woburn, MA 01801 Route 105 Lakeville, MA 02347 DEP Central Regional Office DEP western Regional office 75 Gro^e street state Horse west. 4th Floor Force=tec, MA 01605 436 bwignt etreeL Springfield, MA 01103 6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.5(3) (b) 1 of the regulations by the Conservation Commission and that I will be billed accordingly. signatur Name C.14ART.Pq F QTTTCTFV, P F Address ONE SALEM GREEN, SALEM, MA 01970 Tel (508) 745-9595 ext. 320 1-2 GENERAL CONTRACTORS 58 BROADWAY•P.O. BOX 366 TRUCKING&EXCAVATING•DEMOLITION WORK SALEM, MA 01970.617 744-3849 GRAVEL•LOAM•FILLING•BLACKTOP NOVEMBER 8, 1993 TO WHOM IT MAY CONCERN: Thomas Mackey & Sons, Inc. , owners of property located at 10 Blaney Street, Salem, MA, hereby gives, the City of Salem, Engineering Department, to apply for a permit for a Determination of Applicability to store temporarily stone. DANIEL J. MACKEY GENERAL MANAGER 310 CMR 10-99 DEP Pik No. (To be prwAded by DEP), Form 1 CLLy/Cowa SALEM Appb=at CITY OF SALEM commosvealth of Massachusetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L c. 131, §40 1. 1, the undersigned, hereby re eat that the SALEM Conservation Commiss;on makequa determination. as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. C. 131, 540. 2. The area is described as follows. (use maps or plans, if necessary, to . provide a description and the location of the area subject to this request.a Location: street Address BLANEY STREET Lot Number: 278, MAP 41 3. The work in said . area is described below. (use additional paper, if necessary, to describe the proposed work. ) Lot 278 will be utilized as a temporary storage area for large rocks/boulders and processed stone. Stockpiled stone will be secured with jersey barriers, hay bales and tarps if appropriate. 1-1 Effective 11/10/89 4. The owner(s) of the area, if not the person making this request, has been given written notification cf this request on 11-9-93 ,(date) The name(s) and address(es) of the owner(a) : DANIEL MACKEY T. MACKEY & SONS, INC. P.O. BOX 366 SALEM, MA 01970 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Protection 11-.10-93 (date) DEP Northeast Regional office DEP southeast Regional office 10 Commerce Way Lakeville Hospital Woburn, MA 01801 Route 105 Lakeville, MA 02347 DEP Central Regional Office DEP Western Regional Office 75 Grose Street State Hn,lse west. 4th Floor Woxce.=ter, MA 01605 436 Dwignr. etreeL Springfield, MA 01103 6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.5(3) (b) 1 of the regulations by the conservation commission and that i will be billed accordingly. f signature�r i�� Name ruaRT S F n11Tr_T.FY, P F Address ONE SALEM GREEN, SALEM, MA 01970 Tel. (508) 745-9595 ext. 320 1-2 n Bµ" r " - &on , 3int. GENERAL CONTRACTORS 58 BROADWAY•P.O. BOX 366 TRUCKING&EXCAVATING•DEMOLITION WORK SALEM, MA 01970.617 744-3849 GRAVEL•LOAM•FILLING•BLACKTOP NOVEMBER 8, 1993 TO WHOM IT MAY CONCERN: Thomas Mackey & Sons, Inc. , owners of property located at 10 Blaney Street, Salem, MA, hereby gives the City of Salem, Engineering Department, to apply for a permit for a Determination of Applicability to store temporarily stone. DANIEL J. MACKEY GENERAL MANAGER 10 CHR 10.9 9 DIV;Tile No. Cru be provided by DPP) Form 2 Gq/rowo + Appho d Coommonrealth of Xaaaachuaett8 Dtle PARom Pled November 20_ 7 993 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, $40 From Salem Conservation Commission issuing Authority To Salem Denartmant of Pnblir Wnrka (Name of Person making request) (Name of property owner) Address One Salem Green * Address Blaney Steeet This determination is issued and delivered as follows: ® by hand delivery to person making request on Dec. 13. 1994 (date) ❑ by certified mail, return receipt requested on (date) Pursuant to the authority of G.L. c.131, 540, the Commission has considered your request for a Determination of Applicability and its sup- porting documentation, and has made the following determination (check whichever is applicsble) : Location: street Address Blaney Street Lot Number: 27R, Man Al 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 Protection Under the Act. Therefore, any removing, filing, 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 in your request, 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. 2-1 Effective 11/10/89 3. ❑ The work described below, which includes all/part of the work described :.n your renueet, is w:-h'.n the suf er lona as <iefined in the regulations, and will alter an sr*s SLLj« �c to Proi_e_.'.on Lnser the Act ^nerefore, said work requires the filing of a Notice of Intent. This Determination is negatives 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. a The work described in your request is within the suffer 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. SEE ATTACHED CONDITIONS 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 Salem conservation commission Signature(s) This Ce-terminati n:alst be signed by a mal -ity of tte wnsert ion r'omimi.,sion. on this 9th day ofDecember 1993 before me personally appeared the above mentioned to me known to be the person described in, and who executed, the foregoing instrument, and acknowledeed that he/she executed the same as his/her free act and deed. &Y:Pblic Jul 15 1999 NotHy commission Expires This Determination does not relieve the'applicant from complying with all other applicable federal, state or Local statutes, ordinances, by-laws or regulations. This Determination shall be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by this Determination, any owner of lard abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such lard is located, are hereby notified oT their right to request the Department of Envirormentel Protection to issue a Superseding Determination of Applicability, providing the request is made by certified mail or hard delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.030) 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 hand delivery to the conservation commission and the applicant. 2-2A . 1 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 tender the Act. .Therefore, saj.d work raquirns the filing 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 filing 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 the Department of Environmental Protection 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 Hy commission Expires This Superseding Dotcrmination does not relieve the e(plicant from eoplving with -LL other applicable federal, state or local s!atutes, o,!inances, byt3ws or regulations. This Superseding Determination shaiL be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by:the superseding Determination, any owner of land abutting the Land upon which the proposed work is to be done, or any ten persons pursuant to G.L. c. 30A, §10A, are hereby notified of their right to request an adjudicatory hearing pursuant to G.L. c. 30A, §10, providing the request is made by certified nail or hand delivery to the Department, with the appropriate filing fee and Fee, Transmittat Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Superseding.. Determination, and is addressed to: Docket Clerk, Office of General Counsel, Department of Environmental Protection, One Winter Street, Boston, MA 02108. A copy of the request shall at the same time be sent by certified mail or hard delivery to the conservation commission, the applicant, and any other party. A Notice of Claim for an Adjudicatory Hearing shall comply with the Department's Rules for Adj-k'tatory Proceedings, 310 CMR 1.01(6), and shall contain the following information: (a) the DEP Wetlands File 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 represented by counsel, the name and address of the attorney; (c) the tames and addresses of all other parties, if krnoan; (d) a clear and concise statement of (1) the facts which are grounds for the proceeding, (2) the objections to this superseding Determination, including specifically the manner in which it is alleged to be inconsistent with the Department's Wetlands Regulations, (310 CMR 10.00) and (3) the relief sought through the adjudicatory hearing, including specifically the changes desired in the superseding veterinination; (e) a statement that a copy of the request has.been sent to the applicant, the conservation commission and each other party or representative of such party, if known. Failure to submit ell necessary may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing. 2-2B c. k SPECIAL CONDITIONS BLANEY STREET 1. The stockpiled material shall not be placed no closer than 30 (thirty) feet from embankment. 2. The prepared roadway composed of stockpile stone shall be prepared prior to the commencement of stockpiling activities. The roadway shall be no closer than ten (10) feet from embankment. 3. Area shall be restored to original condition as shown in pictures dated December 14, 1993, after the completion of this project. z Conservatim Goll missim Salem. Massachusetts 01970 NUy 29 55 CITY n;' c . CLrr,ti e'�r;. 1':,SS OFf, ,.,p CITY OF SALEM CONSERVATION COMMISSION The Salem Conservation Commission will hear a Request for a Determination of Applicability, under the Wetlands Protection Act , Mass . G.L. Chapter 131, Section 40, at the Request of the Salem Department of Public Works . The proposed work, located within a Buffer Zone, consists of temporarily stockpiling large rocks, boulders and processed stone at Blaney Street , Map 41 , Lot 278 . The Request will be heard on Thursday, December 9, 1993 at 7 : 00 p.m. , One Salem Green, Second Floor Conference Room. Betsy Horne ( z Chair Ha7emde�—3-0 , 1993 This notice posted on "Official Bulletin Board" City Hall Ave., Salem, Mass. on I16v• a9, / 9F3 at �� SS 4M in accordance with Chap. 39 Sec. 23A & 238 of M.G.L.