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5 BRIDGE STREET - CONSERVATION COMMISSION 5 Bridge St. I FORM 2 COMONWEALTH OF MASSACHUSETTS DETERTIINATION OF APPLICABILITY OF THE WETLAND PROTECTION ACT G.L. C.131 s. 40 T0: NONDAS LAGONAKIS DATE: JUNE 26, 1980 BILL & BOB'S ROAST BEEF, 9 BRIDGE ST, SALEM, MASSACHUSETTS Pursuant to the authority of G.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. [ ) 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 described below is subject to the Act and shall require a filing of the Notice of Intent: 4. [/) 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. 5. The determination that the work is not subject to the Act shall expire within one (1) year from the date herein. 6. This determLnation dues not relieve the peraon requesting the determina- tion from complying with all other applicable federal, state or local statutes, ordinances, by-laws, and/or regulations. 7. Failure to comply with this determination 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 th2's dete mi a "o +ntil-.all appeal eraods have elapsed. . ppP,'�' i SALEM ISSUED BY: CONSERVATION CO?SII SSIOe Where the Department of Environmental Quality Engineering issues a negative 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.. 1 '0 Conservation Commission � Salem, Massachusetts 01970 Telephone (617( 745-5056 l x�essa��w March 30,. 1979 Nondas Lagonakis . CRETE REALTY TRUST 5 Bridge Street Salem, Massachusetts 01970 Dear Mr. Lagonakis: . This letter is to confirm our phone conversation of March 28, 1979 at that time we discussed the Orders of Conditions (DEQE # 64-36) to repair your embankment at 5 Bridge Street, Salem, Massachusetts. One of the conditions contained in the "Order of Conditions" is that all stone beyond the constructed toe of the bank shall be removed and all excess rock, stone and soil shall be removed from the site and shall not be disposed of in adjecent areas of the harbor. The berm of stone that presently exists at the bottom of the rip rap embankment has to be removed before a "Certificate of Compliance" can be issued by the Commission. As far as your proposed paving to the edge of the embankment, the Commission has been informed by the City Engineer that a paving permit is required from the Engineering Department. In addition, under the Wetlands Protection Act, Chapter 131, Section 40, it will be necessary for you to submit a "Request for a Determination of Applicability" to the Conservation Commission. As you requested at the time of our phone conversation, I will meet with you in the near future to give you the "Request to Determine Applicability" application and explain the procedure to be followed. If you have any further questions, please contact me at 745-5056. Sincerely, Susan Madison Concervation Aide SM/sam cc: A.V. Fletcher The Honorable Jean A. Levesque William Farrell, Constituent Services FORM 2 COMMONWEALTH OF MASSACHUSETTS DETERMINATION OF APPLICABILITY OF THE WETLAND PROTECTION ACT G.L. 0.131 s. 40 TO: NONDAS I,AGONAKIS DATE: JUNE 26, 1980 BILL &BOB'S ROAST BEEF, 9 BRIDGE ST, SALEM, MASSACHUSETTS Pursuant to the authority of C.L. C.131 s.40, the SALEM —LGN$ERVATTnm rnMMT_SemN 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. [ ] 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 described below is subject to .the Act and shall require a filing of the Notice of Intent: 4. [�`Y�] 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. 5. The determination that the work is not subject to the Act shall expire within one (1) year from the date herein. 6. This determination does not re.11.eve the person requesting the determina- tion from complying with all other applicable federal, state or local statutes, ordinances, by-laws, and/or regulations. 7. Failure to comply with this determination and with all related statutes and other regulatory neasures shall be deemed cause to revoke or modify the said determination. 8. No work may be commenced under th 's deter i atio ntik-all appal perrdds have elapsed. SALEM f ISSUED BY: CONSERVATION COMMISSION { L i Where the Department of Environmental Quality Engineering issues a negative superseding determination, you are hereby notified of your right to a formal hearing provided it is made within ten (1.0) days from the date of the super- seding determination of the Department of Environmental Quality Engineering. l � P COMMONWEALTH OF MASSACHUSETTS G.L. C. 131 s. 40 REQUEST TO DETERMINE APPLICABILITY OF THE WETLAND PROTECTION ACT 1. �0�O4S pLoAgij-�5 I, the undersigned, hereby request that the_, name of Conservation Commission make a determination as to whether or not the Act is applicable to the area, or work to be, performed on said area is subject to the Act a description of which is submitted herewith and .made a part of this request. 2. The name(s) and address of the owner(s) of the area are: Rf 3. I hereby certify that all abutters (attached list) to the area described above which is subject to this written request,and the owner, if not the person making the request, have been notified that a determination is being requested of the Conservation Commission under the Act. 4. I have filed a copy of. this request with the Massachusetts Depart- ment of Environmental Quality Engineering, Metopolitan Boston - Northeast Region, Tewksbury Hospital, Tewksbury, Massachusetts 01876 . j s Si na a Date dress "C" _ 25 _ The following is a narrative describing the proposed scope of the work : 1 . Repairing existing paving at the site . -. 2 . Paving on the filled portion of the property -which was accomplished through the Order of Conditions - (DEOE #64-36) on October 17 , 1978 R The following is a narrative describing the proposed scope of . the work : 1 . ' _Repairing existing paving at the site . 2 . 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