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9 BRIDGE STREET - CONSERVATION COMMISSION ❑ _ - d ll4- -�, r_J --- J \ 9 BRIDGE STREET t ®ENTERPRISES SALEM,MA 0100 TEL:(978)745-888] FAX:(978)]41-21]8 =° NONVAS LAGONAKIS PRESIDENT THE BILL&BOB'S KRETE RESTAURANT�GROUP REAL ESTATE GROUP 0 v� CITY OF SALEM CONSERVATION COMMISSION October 29, 2004 Nondas Lagonakis 9 Bridge Street Salem, MA 01970 Re: Determination of Applicability—9 Bridge Street Dear Mr. Lagonakis, The Salem Conservation Commission has determined that the scope of your project will require the filing of a Notice of Intent (NOI) form. Enclosed you will find the Determination of Applicability issued at the last Salem Conservation Commission Meeting on 10/28/04. In addition, I have enclosed a Notice of Intent form and NOI Instruction. As discussed during our phone conversation, the NOI must be submitted with engineered plans and a narrative explaining how the proposed work will be performed. Please note that if you are to propose anything other than maintenance to the existing boulder seawall you must notify the Massachusetts Department of Environmental Protection(DEP) and amend your current Chapter 91 Waterways License#5793. Sincerely, (Crtr�� r orm1 Plann /Conservation Agent 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 F.vc: 978.740.0404 WWW.SALEM.COM U.S. Postal Servi�e,� CERTIFIED MAIL. RECEIPT is i� Er ICIAL USE r` ru Postage S M cerunea Free 0 O ReRerlept Pee Postmark (Eldoteealm mem ReC; ) Here O Reamotee OelNery Fee r� (Eadoreament RtrVi 7 nJ Total PogeseC. N E3 M ° Department of Environmental Protection � BNeeE iipr.Tk NERD - Wetlands & Waterways f MPOBea No. 5th Floor, One Winter Street o Dt Boston, MA 02108 Certified Mail Provides: zest-w-zoseszot ■ A mailing receipt (eve obf)abca eunf'OOeE uuod ed ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mafia or Priority Matle. • Certified Mail Is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Recelpt may be requested to provide proof of delivery.To obtain Rehm Receipt service,please complete antl attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse matlpiece Return Receipt Requested".To receive a fee waiver for requited to return receipt,a USPS®postmark on your Certified Mail receipt is ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement'Restricted Delivery. ■ If a postmark on the Certified Mail receipt is desired,0lease present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt Is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt andpresent it when making an inquiry. Internet access to delivery Information Is not available on mall addressed to APOs and FPOs. U.S. Postal Servicers CERTIFIED MAILS RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For doilv0inf0rmation visit our website at www.usps.coma f • V PS Form 3900.June 2002 See Reverse for Instructions Certified Mail Provides: zest-w-zoseszot ■ A mailing receipt fmetp zooz eunr OoaS euod Sd ■ A unique Identifier for your mallpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mall may ONLY be combined with First-Class Mails or Priority Mail®. ■ Certified Mall is not available for any class of International mall. ■ NO INSURANCE COVERAGE IS PROVIDED with Certlfled Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt m%be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Retum Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mallpiece"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS,postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized aaant.Advise the clerk or mark the mallpiece with the endorsement'ResMcted Delivery'. ■ If a postmark on the Certified Mail recelpt Is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt andpresent it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. SENDER: DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. X 11 Agent ■ Print your name and address on the reverse r 0 Addressee so that we can return the card to you. B. Received by(Poore Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from Rem 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No A"18n t'ArfvK15 Y a��9e S�• r3. ice Type56He, 01770 Service Mall ❑ Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number � �• - (fians/er/rom service late r 1I I 1,70.02; 2410 ;0003 , 27;94;;5521 „1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 k. v D UNITED STATES POSTAL SE L SS`, RT-/- Arst=Elass M���a I""' w F �� g _..•- �estag8"$'Fees'Paid rir. ...,__..._.._..„.. Permit IJd-G-10 I j • Sender.�se print � a ame, address,and ZIP+4 in this box I _ I M CD c rn Salem Conservation Commission i z N 120 Washington Street,3rd FI i o T Salem,MA 01970 Q, P 1 ' 1 v ! Ilk!Mdill ltIII rili::rt:illdIiIHIIIIIi6irl,tirirrr,lril DELIVERY i ■ Complete items 1,2,and 3.Also complete A. Sig tur item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. eceived by(' t J C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. . Is delive address di t from it A4�Yes 1. Article Addressed to: If YES, nter silvery addres low:` No Department of Environmental Protectio /V O� ` , 201 NERO - Wetlands & Waterways QNN 5th Floor, One Winter Street 3. 16a9i![rARr Boston, MA 02108 �S Certifi / Ma17 Mcry pispMai ❑ Registered �7jeturn R4ceipt for Mer andise i ❑ Insured Mail 77 i®. 4. Restricted Delivery?(Extra Fee Yes 2. Article Number ( 7002 2410 0203 2794 5514 M transfer from service label) &Form 3811, February 2004 Domestic Return Receipt 102595-024-1540 i' UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 I • Sender: Please print your name, address, and ZIP+4 in this box • I I W Salem Ooneervawn Commission o z N Z 120 Wwhlog on Street,3rd F1 W a J W Salem,MA 01970 c a v U C3 > o_ i W o ~_ 0 Z oo i r 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 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 Nondas Lagonakis return key. Name Name 1/Q 9 Bridge Street m� Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Title Date Title Date Title Date 2. Date Request Filed: 7/22/04 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): Stabilization of an existing boulder seawall Project Location: / 3, 5, & 9 Bridge Street Salem, MA Street Address Cityrrown / MAP 37 LOT 59,61, &62 Assessors Map/Plat Number Parcel/Lot Number j wpaform4.doc•rev.7113/04 Page 1 of 5 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.) 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) 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. ❑ 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 wpafort 2.doc•rev.7113104 Page 2 of 5 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). ❑ 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. wp formLdoc•rev.7/13/04 Page 3 of 5 'A 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 /ay Date Dale 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 approprl to DEP R Tonal Office (s Appendix A) and the property owner(if different from the applic . S' ere lC7Zz'q A Dates^� wpaformZdcc•rev.17/15/00 Page 4 of 5 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 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. wpafcrm2.d"•rev.7113/04 Page 5 cf 5 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 Important: When filling out 1. Applicant: forms on the Nondas Lagonakis computer, use Name only the tab key E-Mail Address to move your 9 Bridge Street cursor-do not Mailing Address use the return Salem MA 01970 key. City/Town State Zip Code 978-744-9835 978-741-2178 Phone Number Fax Number(if applicable) 2. Representative (if any): ansa Firm Contact Name E-Mail Address Mailing Address City/Town State Zip Code 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: SALEM Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaformtdoc•rev.02/00. • Page 1 of 4 Massachusetts Department of Environmental Protection r 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): 1-11 Bridge Street Salem Street Address Cityrrown 37 59, 61 and 62 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The area of work is within the existing rip rap area along the oceanside of the subject property. The limit of work is the existing edge of the rip rap. c. Plan and/or Map Reference(s): Salem Assessor's map showing area of project locus 7/22/04 Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): The owner of the property intends to repair the existing rip rap slope by adding additional rip rap placed in between the existing boulders. A Waterways License#5793 was issued for the subject work (Recorded at Essex County Registry of Deeds Bk 13731 Pg.194. wpafoml.doc•rev.02100. Page 2 of 4 it Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands SALEM WPA Form 1 - Request for Determination of Applicability Citylrown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or 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). Repair of existing rip rap slope. 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.) wpaformt.doc•rev.02/00. 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 (see Appendix A)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: Nondas Lagonakis(individually and trustee of Crete Realty Trust) Name 9 Bridge Street Mailing Address Salem Citylrown MA 01970 State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with Secti n 10.05(3)(b)(1) of the Wetlands Protection Act regulations. ye 7/22/04 7ignatu , of Applicant Date Signattuure of Representative(if any) Date w afonnl.doc•rev.=00. Page 4 of 4 coi "Nt MLl rri Q W � i 37 0080 , • • Ya'�ls 37-kb58 % • 05944 , 46 • 37-084 D • • 37-x@057 //\� 37-0061 , 37- 051 Vm • 7_J ,. 37-&56 AMF ,_� 5 37 ,• 37-QO ! • 37-� 3 7-�O • 37 u,73737 Q' 7 -' ,7 ' 37-0062 37 41 b 7 / 37- 4 V RFFT � 4 V 37- 3 37-W044 37-5046 � � 37-5045 37-$) 6 p STRFF 37 27 37-MD38 '` L 37 3 37-0063 DjkF a2 7-0 Q 7-�3 g b�� 37- 3 G S4FFT @ 7- 31 37- {° g TypRb 37-P 32 34 $' 37-50 �I¢` 37 ° 3 -OD33 37 7 S U011 n 4ystOb ssas ��►P s Nom 0C, enai ' er 03-APR-2002 SALEM, ESSEX COUNTY, MASSACHUSETTS \ \ \ OX- o' \ SQ[FM \ \ \ P Ot \ ON \ VI \ �— t, sft$ � AA3tz w? _ N N � 3 in N 50' MO PERPIPELINE CENTER m MAN LINE ENi EASEMENT SAL-336.06 0 q H �L1\\ I 1 J ti R � � V ti _O � 0 �y •ACTUAL LOCATION OF EASEMENT IS DETERMINED BY THE PIPELINE AS INSTALLED •DISTANCES AND BEARINGS SHOWN ARE BASED ON COUNTY TAX MAPS AND FIELD SURVEY DATA — - OWNER - N / F CRETE REALITY TRUST TRACT SAL-336.06 ALISHEET No B NO. B-A-1025 LOCATION SALEM,ESSEX COUNTY,MASSACHUSETTS TOTAL DISTANCE 379.00 FEET 22.97 RODS ENG. Mant mes RACROSS PROPERTY &Nort�east OW' 0.00 AC. PERM. 0.43 AC. DRN.BY DRS CKD.BV DATE 10-24-01 SCALE 1"=200' DWG.NO. ME-P-9305.6 Pipeline C t CITY OF SALEM CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a public hearing for a Request for a 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 Nondas Lagonakis, 9 Bridge Street, Salem, MA 01970. The purpose of this hearing is for the determination of work related to the maintenance and repair of an existing riprap slope along a Coastal Bank at 9 Bridge Street. This hearing will be held on Thursday, September 9, 2004 at 6:00 p.m. in Room 313, third floor at 120 Washington Street. ♦ •141vll� Kevin Comacchio Chairman September 2, 2004 Please send bill to: Nondas Lagonakis 9 Bridge Street Salem, Ma 01970 (978) 744-9835 120 WASHINGTON .STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM fR : FAX N0. Sep. 10 2004 09:01AM P2 CRETE REALTY TRUST 9 BRIDGE STREET SALEM, MA 01970 978-74544 9.2004 Conecvatiun Com CRY of Salem Dear Cammtis�: On behalf of Non"Lagonalds I am cequestWg a oondmkidw of today's boa ft to Odobw 22,20M. Smc�ty, �r Koala Pmnt" •; ,; ,. 14 FAX NO. Sep. 10 2004 09:00AM Pi F��N t� c t /ti�J� "c`t�yU 7 e- -74ry- F e 3 s