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CANAL STREET - CONSERVATION COMMISSION (3) Mass Electric- Poles 0 ' l 0 A • 310 CMR 10.9 9 DPP File No (I'o be provided by DEP) Form 2 pq/1'osn SALEM - . Applimt�^SS FT Ff TTt• nn commonwealth C Ds:e Regsas Filed 1/95/95 of MassachDaltta Determination of Applicability Massachusetts Wetlands Protection Act, G.L. C. 131, $40 From Salem Conservation Commission issuing Authority . V TO M ca FlP t .. .. •�• MBTA .- (Name of Person making request) (Nome of property owner) C/O Steven Towle Address 25 Research Drive, Address 0 amt r cr MeMr5orough, -0005 Suite 300, Nashua, NH 03063-1287 This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) requested on March 17 1995 (date) receipt re ' by certified mail, return p 4u Pursuant to the authority of G.L. c.131, S60, 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) : Locations street Address Salem Railyard between Canal Street & 1effPrann e.,o, ' Lot Number: Map 34, Lot 475 This Determination is positive. 1. ❑ The area described below, which includes all/part of the area described is your request, is an Area subject to Protection under the that area altering in dredging. or 9 filing, 9 t. Therefore, any removing, 4 requires the filing of a Notice of Intent. 2. ❑ The work described below, which includes all/part of the work described in your request, Ss 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 in your request, is within the Buffer zone as defined in the regulations, sand aidwworkarequiresAtthe Act. Therefore, he filing of a Notice of Intent. This Deterninatioa is negative: 1. ❑ The area described 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 ot remove, alter that area. Therefore, Actbut nfill, d`work doesnot require thefili filing r of allotice Of Intent. 3. ® 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 BMs 6. [3The area described in your request is subject to Protection under tlbe Rote _ 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 7 Sig ature(e) ( r This Determination must be signed by a majorit of the nservatio Coamlissioa. on this 23rd day of February 19 95 , before me personally appeared the above named , 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. G -� July 15, 1999 Notary Public Ny commission Expires This 00tenmination does not relieve theapplicant from cowiYing with all other applicable federal, state or local statutes, ordinances, bylaws or regulations. This Determination shall be valid for three years fres 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 tend is' located, are hereby notified of their right to request the Department of Enviroranentel Protection to issue • Superseding ostermination of Applicability, providing the request is wade by certified =it or hard delivery to the Depertment, with the appropriate filing fee and fee Tranamittsl form as provided in 310 CPR 10.03(7) within ten days from the date of issuance of this Determination. A copy of the request shell 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 ill alter an the filingea to Protection under of the Act. Therefore, of a Notice of intent. This Determination is negatives . r request is not an Area subject to Protection 1 [3 The area described in you under the Act. 2. [3 The work described in your request is within an Area subject to Protection Under the Act, but will not resove, 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 gTherefore bsubjectut will not alter an Area sa d work does not require efilingrof at under the Act. ion Notice Of Intent. 6. [3 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 T.ntent is required: Issued by the Department of Environmental Protection signature day of 19 , before me on this , to me know(( to be the personally appeared executed, the foregoing instrument, an person described in, and who acknowledged that he/she executed the same as his/her free act and deed. Notary Public My commission Expires le This Superseding Determination does not ret or regulations. TNia Superseding complying Determination Determination th sit other shrill bbovat federal, state or local statutes, ordinances, by-tawsthrat Years from the data of issuance. TM applicant, the owner, srq'person aggrieved by the Superseding Determination, any owner of lard abutting the lard upon whlth the proposed work is to be done. or arty' tan persons pursuant c.t 30A`i10, providing the hereby request. notified of their right to request an adjudicatory hearing pun riots filing tat-and fat' is made by certified aril or hand delivery to the Department, with the ate Of $ Superseding Transmittal For sad provided addressedin 31 op R 10.1)3(7)cket within ice oaf Ofcnenlrom h touael+ Departmentf of thisiEnvirenrnntal Protection, One winter Street, Boston, NA 02108. A Copy of the request shall at the same time be sent by certified aril or hand delivery to the conservation commission, the applicant, and any other party. A Notice of Claim for an Adjudicatory Nearing &hall tonplY with the Department's Rules for Adjudicatory Proceedings, 310 CNR 1.01(6), mrd shall contain the following information: r of the peaty filing the request, a (a) the DEP Wtlands file Number, mime of the applicant, and address of the Project: 1f represent ad by (b) the cowtote name, address and telephone readand counsel, the name and address of the attorney; (c) the names and addresses of all other Partin, if known; (d) • clear and concice statement of (1) the facts which, are r grounds foMrr�t the proceeding, (2s allapad«to be to this Superseding Determination, including spec inconsistent with the Department's wetlsrds Regulations, (310 PIR 10.00) and (3) the relief anwght through the adjudicatory hearing, including specifically the changes desired in the Superseding Determination; (a) statement tPthat a copy of represethe representative s request has been sent to the applicant, the conservation commission and rty each other wn- Failure to submit all necessary 'may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Nearing. 2-2B SPECIAL CONDITIONS SALEM RAILYARD 1 . Any change in the application and plans shall require the applicant to refile with the Commission. 2 . Haybales and siltation fence shall be utilized and inspected by the City' s Clerk of the Works prior to commencement of activities . 3 . No filling of petroleum products shall occur within the Buffer Zone. 4 . Equipment servicing and overnight equipment storage must be conducted outside the Buffer Zone. 5 . The proponent shall notified the Commission 48 hours prior to commencement of activities . 310 CMR 10.9 9 DPP Me No. (To be provided by DEP) Form 2 chyfrowe SA EM Applive: MASS FT Ff TT!` _rn Commommal th C DWs R9s®Fsee 1/95/95 of Massachusetts Determination of Applicability Nassachusetts Wetlands Protection Act, G.L. c. 131, 540 From Salem Conservation Commission issuing Authority' ' TOac Fier la r f (Name of Person making request) (Ngma of property owner► C/0 Steven Towle Address 25 Research Drive, Address 402 Amha r Sr MeMorougn, -0005 Suite 300, Nashua, NH 03063-1287 This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) ('0 by certified mail, return receipt requested on March 17, 1995 _(date) Pursuant to the authority of G.L. c.131, S40, 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 Salem Railyard between Canal Street & .Teffa Gin e. a. LotNumber: Map 34, Lot 475 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. that area Therefore, any removing, filing, dredging. or altering 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 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 filing of a Notice of Intent. This Determination is negative: 1. ❑ The area described :,: 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, alter that area. Therefore, sad work doesnot require the filing ggof r allotice of intent. 3. ® The work described in your request is within the Buffer zone, as defined is 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 •Heft 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 SALIM conservation commission sig ature(e► � � c I This Determination must be signed by a majorit of the nsommLission. Y On this 23rd da of February 19 95 , before me personally appeared the above named to me known to be the person described in, and who executed, the foregoing instrument, and acknowledged that hoe/she executed the same as his/her free act and deed. G July 15, 1999 Notary Public NY cowwsission expires This Determindtim does rot relieve the applicant from eoeptying with all other applicable federal, state or Local statutes, ordinances, by-laws or regulations. This Detenteinstion shall be valid for three years free the date of issuance. The applicant, the owner, any person aggrieved by this Determination, any owner of Land abutting the lard 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 Enviroreental Protection to issue a Superseding Determination of Applicability, providing the request is sed& by certified wait or hand delivery to the Department, with the appropriate filing fee and fee Transmittal forte as provided in 310 CKR 10.03(7) within ten days frau the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified visit 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 rotection saidworkrequires alter an filing of aYNotice of Intent the Act. Therefore, This Determination is negatives r request is not an Area subject to Protection 1. [3 The area described in you Dade. the Act. 2. [3 The work described in your request is within an Area subject to Protection emove, fill, dredge, or alter that area. Vader the Act, but will not r Therefore, said work does not require the filing of a Notice of Intent. 3. [3The work described in your request is within the suffer Zone, as defined in the regulations, ut will not t to the Act Therefore balter u ion er sa d work does not require the efiling of atNoticedOf Intent. 6. ❑ 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 Tntent is -required: Issued by the Department of Environmental Protection signature day of 19 before me on this , to me known to be the personally appeared person described in, and who executed, the foregoing instrument, an ed the same as his/her free act and deed. acknowledged that he/she execut Notary Public NY Commission Expires cable This superseding Determination does not retlarseor regulve the etinons�t This superseding Determination complying with 0" other shall be valid for state or local statutes, ordinances, by- three years from the date of issuance. The appl tent, the owner, any person aggrieved by the Superseding Determination, any owner of lard abutting the lad upon whish the proposed work- is to be done, or ani' ten Pe nnern�tG.L. c L30A`510, Pc. rovidlrq�tM hereby netifled of their right to request an adjudicatory the Deg punappropriate filing fat and Fee is Dade by eertif led mail or hand delivery to the Department, with the Ofis Transmittal. Form as Provided to 310 OIR 10.03(7) within tan days from the dots of issuance of this superseding Determination, and is addressed to: Docket Clerk, Office Of of neenerrst Conseequest all Dopat tnedime time bet of s�anttbY Protection, One Winter street, Boston, MA 02108. A copy certified mail or hand delivery to the conservation commission, the applicant, and any other perry. A Notice of Clain for an Adjudicatory Nearing shell comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR 1.01(6), and shall contain the following information: (a) the DEP Wetlands File Nu:ber, nerve of the applicant, and address of the Project; (b) the complete name, address r, telephone .saber of the party fit ire the request, and , if represented by counsel, the .won and address of the attorney; (c) the names and addresses of all other parties, if known; (d) • clear and concise suttment of (1) the facts specificalare ly for aanAere proceeding, h it (2) the Objections alleged to be to this Super Determination, include ng spec sought inconsistent with the Department's wetivdflciguilly the charges desi(310 04R red in de Superseding ngfDe neirotfanh the adjudicatory hearing, Including spec (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 bl' the Department of the Notice of claim for on Adjudicatory Nearing. 2-2B SPECIAL CONDITIONS SALEM RAILYARD 1 . Any change in the application and plans shall require the applicant to refile with the Commission. 2 . Haybales and siltation fence shall be utilized and inspected by the City' s Clerk of the Works prior to commencement of activities . 3 . No filling of petroleum products shall occur within the Buffer Zone. 4 . Equipment servicing and overnight equipment storage must be conducted outside the Buffer Zone. 5 . The proponent shall notified the Commission 48 hours prior to commencement of activities . �%oN r z Conservation Cion f Salem. Massachusetts 01970 9 \/1 AIA SSNC��� February 14 , 1995 Ms . Jolette Westbrook, Esquire Hearing Officer Massachusetts Department of Public Utilities Leverett Saltonstall Building 100 Cambridge Street, 12th Floor Boston, MA 02202 RE: D.P .U. 93-29/30 Dear Ms . Westbrook: The City of Salem Conservation Commission is presently reviewing a Request for Determination of Applicability filed by the Massachusetts Electric Company for work which falls within the Commission' s jurisdiction between Canal Street, Jefferson Avenue and South of the Salem Police Station. The work that is proposed also falls under the auspices of your Department which is currently being reviewed for a utility project known as D.P.U. 93-29/30. The Commission would like to have clarified whether a decision is necessary from our Board before you are able to formulate your decision on this project . Specifically, questions arose as to why the applicant filed this Request prior to receiving a decision from the D.P.U. It was unclear whether approval from the Commission was necessary before your Department ruled on this project. Further, it was mentioned at the Commission' s meeting that it might be best for the applicant to wait for the D.P.U. ' s decision in the event that the decision may be different from what the applicant has proposed in their plans . The Conservation Commission will be discussing this issue at their next meeting of February 23, 1995 . It would be helpful if you could respond to our concerns prior to that meeting, Thank you for your attention in this matter. S ' ncer�ey,l , Fred Harne�e Chairman cc : Mayor Neil J. Harrington ,,' FEB-22-1995 12:10 FROM EGY.`�FACCII�LITIES SITING CON TO 915097445919 P.02 07,77" e.G.®o�/J�/� LO�// VVCGG�wvicryr �87�1✓l//71��� V/%�' February 22, 1995 Fred Harney, Chairman Conservation Commission Salem, Massachusetts 01970 Re: MMSachusetts Ejectric ComDarLy, D.P.U. 93-29130 Dear Mr. Harney: I am writing in response to your letter to the Department of Public Utilities ("Department") received on February 16, 1995. Please be advised that there are no provisions requiring the Department to wait for a decision from,the Salem Conservation Commission before issuing a Department Order in the above-referenced matters. Further, since the Department could only speculate as to why Massachusetts Electric Company ("MECo") filed a request with the Salem Conservation Commission before receiving a Department decision, MECO is the more appropriate entity to address that issue. In addition, please be advised that the petition docketed by the Department as D.P.U. 93-29 was filed by MECO pursuant to G.L. c. 40.A., § 3 for approval by the Department of an exemption of the zoning by-laws of the City of Salem to construct, p maintain and operate two proposed transmission lines and associated equipment in the City of Salem. The petition docketed as A.P.U. 93-30 was filed by MECo pursuant to G.L. c. 164, § 72 for a determination by the Department that the same two proposed transmission lines and associated equipment in the City of Salem are necessary and will serve the public convenience and be consistent with the public interest. Pursuant to Massachusetts General Laws and Department precedent, in order for MECo to receive a zoning exemption from the Department, MECo must prove that the proposed use of the land, structures and equipment is reasonably necessary for the convenience or welfare of the public. In determining whether MECo's present or proposed use is reasonably necessary for the public convenience or welfare, the Department examines: (1) the present or proposed use of any alternatives or alternative sites identified; (2) the need FEB-22-1995 12:11 FROM EGY.FRCILITIES SITING CON TO 815087445918 P.03 Salem Conservation Commission page 2 February 22, 1995 for, or public benefits of, the present or proposed use, and (3) the environmental impacts or any other impacts of the present or proposed use: pursuant to proper notice, a public hearing concerning these cases was held on September 21, 1994 in the City of Salem. Thereafter, evidentiary hearings were held at the Department's Boston offices on January 25, 1995 and January 26, 1995. Currently, the Department is in the process of making a decision based on the record evidence presented in these cases and plans to issue an Order within the next few months. S" cerely, Jo to estb Ii Officer cc; Mary Cottrell, Department Secretary Service List, D.P.U. 93-29/30 TOTRL P.03 i I d1 77 i ,(+ i ,. VBUIRLIONG70iN ; 1� 1 ff, (...T 1„1 r e+ _ " " fINO RT HC,RNI f �: J�s �(}�j/ r_T ifri PyiS1 .Cr : � . l � I rL RA' / PI'� � ..ate .•. '�" a yt o , 14 J `"�"' - .�v^R 'r ,fit '.I"n�. rt'i,P ,la• � C 't r^ ' ' •- .lilllii � _ r i r., Massachusetts Electric Company Massachusetts Electric 25 Research Drive t._ Westborough,Massachusetts 01582-0005 Tel.(508)366-9011 January 25, 1995 HAND DELIVERY Salem Conservation Commission Salem Town Offices One Salem Green Salem, MA 01970 Dear Commission Members: Massachusetts Electric Company (a New England Electric System company) respectfully submits the attached Request for a Determination of Applicability (FORM 1) in accordance with the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and the Salem Wetlands Protection By Law. If you have any questions concerning this application, or wish to visit the site prior to next scheduled Conservation Commission meeting, please contact me or Frank Smith at the above phone number or address. Sincerely, Steven P. Damiano Environmental Engineer Enclosures c: G.A. Pepi F.S. Smith DEP Northeast Region - A New England Electric System company - -- Gras- - - alr,4 - _ .ci 47 P A/I �j �V iii- -- -0- • • 00-0--0, _• •_• • •_�__ , _ T \ ! " • i ' ._• . � tit � .. •� z � z ♦ I ' F i 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: Forms DEP File No. (To be provided by DEP) Fort 1 Cityfrown tV\ Applicant FAg1 c- C'v . Commonwealth of Massachusetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 1. I,the undersigned, hereby request that the Conservation Commission make a determination—as to whether the area,described below,or work to be performed on said ares,also described below,is subject to the jurisdiction of the Wetlands Protection Act, G.L.c. 131, §40., 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.) G ��' I Location: Street Address [ "'rT OF=WAY �ASGe nFt tN� �s�t c�nn i?1'I ty�� Lot Numbeh Lo:ASS MAP 34- necessary,to describe the se additional paper,if , 3. The work in said azea is described below. (U p p arY proposed work.) s a E1VED JAN 2 5 1995 Qdlelfl rlwatuunq Dept. 4/1/94 310 CMR - 399 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued 4 4. The owner(s) of the area, if not the person making this request, has been given written notification of this request on1AA tl.EV j&2 ijgS (date) The nam (s) and address(es) of the owner(s): � M etaSa c►+Es s 3^4�uwsrr At"9-qY i s47 cam :_ � ==En .s grV TA (� p� I,.b rp AIMl � g ger® � 0181 1W, t'7 Iii ;.. i `1:r y o of" �� r "� ®®� gn , ,�,/ � \®® ® -nagWAIII !�\�J� avi ® ' sir e Qm .• % ®�SWI � �� 11 nil AR, :j9j.j41&v TWO mom �Pv� AIN / I��®/ �i �' �L�'d� I a ®�"�".. v • • • mill MEN VE NI SRI �/ � ''�' V��4�� w�'•7��� n. • r � •v i ��li. . n•Q�„� n11 i CHUSETTS ELECTRIC COMPANY Mal OF NEW ENGLAND ELECTRIC SYSTEM WESTBORO. MASS. � , 0iFIGURE 1 ATTACHMENT TO THE REQUEST FOR A DETERMINATION OF APPLICABILITY MASSACHUSETTS ELECTRIC COMPANY 2. Description of Area Subiect to the Reauest The proposed work is within the existing Salem Railyard located between Canal Street and Jefferson Avenue, and South of the Salem Police Station as depicted on Figure 1. Specifically, the proposed work is located to the west and within 100-feet of Bordering Vegetated Wetland (BVW) of a pond. Resources areas are depicted on the attached Figure 2 and a full plan view on Exhibit GAP-1 (#SK-H-63872). 3. Description of Work The proposed work is a portion of the installation of two 23 kilovolt transmission lines on single woodpole structures from the existing Salem Railyard substation approximately 800 feet to the east. The lines will connect with two lines that the Marblehead Municipal Light Department (MMCD) proposes to install further to the south. The two lines will parallel the existing 2370 Line located outside of the existing railyard fence. The Massachusetts Electric Company portion of the lines will terminate at a connection with the proposed MMCD facilities at the junction of the MBTA commuter rail right-of-way and the Marblehead branch of the Boston & Maine Railroad in Salem. Specifically, the proposed work will entail excavating three (3) holes approximately 3-foot diameter and 7-feet deep within 100-feet of BVW located to west. Wood poles will be installed in each excavated hole and backfilled to the existing grade. Appropriate equipment will be operated by a line crew in the railyard to install necessary pole structures, insulators and conductors on the wood poles. The work will be performed adjacent to the existing railyard fence within the railyard area at specific distances from the wetland boundary as follows: Pole #7 - 60 linear feet; Pole #8 - 27.5 linear feet; and, Pole #9 - 27.0 linear feet. The railyard/work area does not support vegetation. The railyard area where the poles are to be installed slopes away slightly from the wetland as shown by the topography depicted on Figure 2. This minimizes the potential for sedimentation during construction. For additional protection, NEP proposes to install a haybale dike on the wetland side of construction area to prevent the unlikely migration of sediment from the three work sites. MECO RDA Attachment January 1995 ! YY I BUiRIIRT NECUN NO F n. 41 �l �'•k J�'.a , ia�l1 6!rv. F • rp� ;§ HEIR . ° �•f; r r PUIt ,� , r.1^ !-'�• 111 Ort '•fit t pJIi "tir 'w •=< .. -.:++__. w,✓ ` !I�. ,I ��.t is ��� �� 1111 �„�+e���� � �� ��,: g, 'Ns • i g �; � d !� xi� ,., S���f �'�`� F � t �/i � � s4HAr,l� '! U�' '�i,: �f�n f' x � �Y I� ��' fK ! �r � .1✓ _ f.,. r eev �F 1� � 1 ��i�. ,� � �n � lv�:.� �� v f lY,.. ? �°4R�k'Is��� �� i 1 Y E i�,�vv ��� � t� :T � i+*g �*V,rv��r dY�l ..a v r ' �.� � Iq L h .f, . ' .. � r � � �, r �� �; ��. i' y � ' .iY I +� L` i )� h �� f !�� / � 9Y g .� 1# T �' � � ` � r . ..♦ � � l,. �". / Y"�:� t _. � iii I i � i l _ � _ y < � . `;. • � • Massachusetts Electric Company Massachusetts Electric 25 Research Drive Westborough, Massachusetts 01582-0005 Tel.(508)366-9011 January 25, 1995 HAND DELIVERY Salem Conservation Commission Salem Town Offices One Salem Green Salem, MA 01970 Dear Commission Members: Massachusetts Electric Company (a New England Electric System company) respectfully submits the attached Request for a Determination of Applicability (FORM 1) in accordance with the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and the Salem Wetlands Protection By Law. If you have any questions concerning this application, or wish to visit the site prior to next scheduled Conservation Commission meeting, please contact me or Frank Smith at the above phone number or address. Sincerely, _.BGG Steven P. Damiano Environmental Engineer Enclosures c: G.A. Pep! F.S. Smith DEP Northeast Region A New England Electric System company NOTIFICATION TO PROPERTY OWNER In Accordance with the Massachusetts Wetlands Protect Act Regulations and the Salem Wetlands Protection By Law Massachusetts Electric Company hereby notifies the Massachusetts Bay Transit Authority (META) that a Request for a Determination of Applicability (FORM 1) has been filed with the Salem Conservation Commission in connection with the proposed Massachusetts Electric Company 23kV Transmission Line on "jointly used rail lines" on MBTA property in Salem, Massachusetts.Rail Yard - Mile Post 15.5. In accordance with regulations, a public meeting will be held within 21-days of application by the Salem Conservation Commission to discuss the project and issue a Determination whether the said area or work proposed is subject�ect to a Notice of Intent. Information regarding the date, time, and place of the public meeting may be obtained by calling the Salem Conservation Commission during the regular business hours of 8:30 a.m. and 4:00 p.m. at 508-745-9595, or Steven P. Damiano at 508- 366-9011 ext. 3471. AFFIDAVIT OF SERVICE I, Steven A Damiano, hereby certify under pains and penalties of perjury that on January 25, gave notification to the owner and known lessor of the affected parcel in compliance with regulations (310 CMR 10.05 (3)(a)(3) that Massachusetts Electric filed a Reau st for a Determination (Form 1) with the Salem Conservation Com/mission.. / � &ztm l p� G� Js�in/u o-2y Z /995 NAME DATE MECO RDA Attachment January 1995 ; 310 cmR 10.9 9 DPP Me No. (fo be provided by DEP) Form 2 cftyfr� Apptios: comommal th Daft Re9om PUed of xassachusetts Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, 540 Fr Issuing Authoritys°r To Name of property owner) (Name of Person making request) Address Address This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) ❑ by certified mail, return receipt requested on (date) Pursuant to the authority of G.L. c.131, 540, the 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 Lot Number: This Determination is positive. 1. ❑ The area described below, which includes all/part of the area described in your request, is an Area sub e d in or ct to tection alteringunder the that area t. Therefore, any removing, filing, dredging 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 ti �\ 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 Under the Act. Therefore, 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 Abut will alter that area. Therefore, e i� nfill, d`work doesnot require the filigdredge, r of allotice 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. =-W: 4. ❑ The area described,in your request is subject to Protection Under tArAct,_ 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 Conservation commission Signature(s) This Determination must be signed by a majority of the conservation commission. 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 Determination does not relieve the applicant from complying with sit 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 oxer, any person aggrieved by this Determination, any owner of land abutting the lend 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 Envirormlental 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 same time within ten t the same time days from the date of issuance of this Determination. A copy of the request shall ebe amt W 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 willrea Subject to filing of aProtection Under the Act. Therefore, 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. [3The work described in your request in within an Area subject to Protection Ut will Therefore, said work doesunder the Actbnnot ot remover quire thel,filingof arNotice f 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 Tntent is required: Issued by the Department of Environmental Protection Signature day of 19 before me pe this , to me known to be the personally appeared 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 cable This Superseding Determination does not lawseor regulations. Th1c Supersedirgcomplying rth OLL other Detenni not i on shell be vat dr for state or local statutes, ordinances, by three years from the date of issuance. The appli cent, the owner, any person aggrieved by the Superseding Determination, any owner of lard abutting the land upon which the proposed work is to be done, or any ten persons pursuant to G.L. c. 30A, 410A, are hereby notified of their right to request an adjudicatory hearing pursuant to G.L. c. 30A, JIG, providing the request is made by certified sett or hard delivery to the Department, with the appropriate filing fee ad-Fee Transmittal 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, ons winter Street, Boston, MA 02106. A copy of the the timepartbe sent by certified mail or hand delivery to the conservation commission, the applicant, and any A Notice of Claim for an Adjudicatory Kea Proceedings, shall comply with the Department's Rules for AdjudicsterY proceedings, 310 CMR 1.01(6), and shall contain the following information: (a) the DEP wetlands File Number, now of the applicant, and address of the project; (b) the complete name, address and telephone rmsober of-the party filing the request, and , if represented-by counsel, the name snd address of the attorney; (e) Me names and addresses of all other parties, if known; for (d) a clear and concise statement of (1) the facts which' are l9Y�thde esnnar in which to it (is alleged to be to this Superseding Determination, including speche rot i inconsistent with the Department's WetlandsiRegulations.cthharges desired (n the Su.perscdingtDetermirotionh the adjudicatory hearing, including spec (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, Failure to submit ell necessary mew result in a dismissal by the Department of the Notice of claim for an Adjudicatory Nearing. 2-2B n (J 'F J 310 cNR 10.99 DPP Pile No. (ro be provided by DEP) Form 2 Chytrwo App6om commonwealth of Massachusetts �` Oen�'°d Determination of Applicability Massachusetts Wetlands Protection Act, G.L. C. 131, $40 Pr Issuing Authority To (Name of Person making request) (Name of property owner) Address Address This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) ❑ by certified mail, return receipt requested on (date) Pursuant to the authority of G.L. c.131, 540, the has considered your request for a Determination of Applicability and its sup- porting documentation, and has :nade the following determination (check whichever is applicable) : Location: Street Address , Lot Number: 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 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 filing of a Notice of Intent. This Determination is negative: 1. ❑ The area described your request in not an Area subject to Protection Under the Act. 2. ❑ The work described in your request in within an Area subject to Protection Under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work dose 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 k Intent. - yT,a-N�a - 4. ❑ The area described.in your request is subject to Protection Under_thia ActyT _ 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: conservation commission Issued by Signature(s) This Determination must be signed by a majority of the conservation commission. 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 Determination does not relieve the applicant from complying with all other applicable federal, state or local statutes, ordinances, by-lews 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 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 lard is' located, are hereby notified of their right to request the Department of Envirormental 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 1 3. ❑ The work described below, which includes all/part of the work described in your request, is within the Buffer Zone as defined inthe regulations, and willrea subject to filing of aProtection Under the Act. Therefore, 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 Therefore, alter that area. Asaid work doesbut will not notrr•quiref helifiling of arNotice of Intent- 3. ntst.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 resets the requirements for� tbe^ following exemption, as specified in the Act and the regulations, _ no . Notice of intent is required: issued by the Department of Environmental Protection Signature day of 19 before me on this to me known to be the personally appeared 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 th sit other pi This or statutes, ordinances, does not retilawseve the or regulatircant ons. This Superseding compiying Determination Shawn be valid for state or loeel statutes, ordinances, Y• three years from the date of issuance. The applicant, the owner, eny person essrievad by the Superseding Determination, any owner of lard abutting the land m,gon tAmich the proposed work is to be done, or any ten persons Pursuant to G.L. c. 30A, 410A, an Mraby_ notified of their right to request an adjudicatory hearing pursuant to G.L. c. 30A, 410, providing the regmMat is made by certified mail or hard delivery to the Department, with the appropriate filing is* end=Few Transmittal Fora as provided in 310 CMR 10.0317) within ten days from the date of issuance of this Superseding Determination, and is addressed to: Docket 0Clerk, ooffice fice of G e requesal t shall Dat the epartmeame tint bet of �tat protection, oro winter street, Boston, by certified mail or hand delivery to the conservation Commission, the applicant, and any other party. A Notice of claim for an Adjudicatory Nearing shall comply with the Department's Rules for Adjudicatory proceedings, 310 CMR 1.01(6), end shell contain the following information: (a) the DEP Wetlands File Number, now of the applicant, and address of the project; (b) the Complete nae, address and telephone nater of the party filing the request, and , if representedby - counsel, the ;;;Wand and address of the attorney; (c) the was and addresses of all other parties, if known; (d) a clear and core ise statement of (1) the facts whit i'f specifre ically gametfor e in whhiicch it (is alleged to be to this superseding Determineticn, including spec inconsistent with the Department's Wetlands Regulations, (331 he sCMR 10.00)s the ) the relief sought through the adjudicatory hearing, including specifically (e) a statement that a copy of the request has been sent known. oththe applicant, the conservation commission and each other party or representative of such party, if Failure to submit all necessary may result in a dismissal by the Department of the Notice of claim for an Adjudicatory Nearing. 2-2B l\ Massachusetts riectric Company V Massachusetts Electric 25 Research Drive Westborough,Massachusetts 01582-0005 Tel.(508)366-9011 January 30, 1995 Salem Conservation Commission Salem Town Offices One Salem Green Salem, MA 01970 Attn: Deborah Hulbert Dear Commission Members: In response to the request from Deborah Hulbert today, please find attached a bank check in the amount of $55.80 payable to the Town of Salem, Salem Conservation Commission. This check covers in advance the public notice fee required to announce the public meeting for the Massachusetts Electric Request for a Determination application to be held February 9, 1995. If the Commission requires additional information, please do not hesitate to call be at your earliest convenience. Sincerely, Steven P. Damiano Environmental Engineer Enclosure c: G.A. Pepi F.S. Smith A New England Electric System company I Massachusetts Electric Company Massachusetts Electric 25 Research Drive Westborough,Massachusetts 01582-0005 Tel.(508)366-9011 January 25, 1995 HAND DELIVERY Salem Conservation Commission Salem Town Offices One Salem Green Salem, MA 01970 Dear Commission Members: Massachusetts Electric Company (a New England Electric System company) respectfully submits the attached Request for a Determination of Applicability (FORM 1) in accordance with the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and the Salem Wetlands Protection By Law. If you have any questions concerning this application, or wish to visit the site prior to next scheduled Conservation Commission meeting, please contact me or Frank Smith at the above phone number or address. Sincerely, Steven P. Damiano Environmental Engineer Enclosures c: G.A. Pepi F.S. Smith RECEIVED Northeast Region JAN 2 5 1995, saj,rt r-, ajjung Dept. A New England Electric System company %ON f 01, Z Conservatim Commission Salem. Massachusetts 01970 .JAN 30 10 15 4n" °95 'fy^�nI's n� CITY OF ' ALFl4. MASS CICf2K'S Of FICF CITY OF SALEM CONSERVATION COMMISSION REQUEST FOR A DETERMINATION OF APPLICABILITY The Salem Conservation Commission will hear a Request for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40, at the request of Massachusetts Electric Company. The proposed work, located within the existing Salem Railyard between Canal Street and Jefferson Avenue, and South of the Salem Police Station, consists of the installation of three wood poles within 100 feet of a Bordering Vegetated Wetland. The Request will be heard on Thursday, February 9 , 1995 at 7 : 00 p.m. , One Salem Green, second floor conference room. / PCL CnFred Har ` Chairman February 1, 1995 This notice posted on "Official Bulletin Board" atHalt Ave., Salem, Mass. othC�-39 S at ion is Am 23A & 23B of M.G.L BN\DEB\RDAMECO 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: Forms orG,Ea,NAv DEP File No. "t.rutvsl Form I (To be provided by DEP) .i-:k.:3 , tv1 .t".1 -i:3ti9! v-a aJ t t.. `, v rt,./� ry'!,NAa! ti.a. 1 .Ci /Town .a -F Lt )Iri Applicant MAS.,C, E Rt c- Cv . ICommonwealth'•''� � :�/ r�'r , •? .;-} an �. ... r:- •� •i of MarshchuseAs.Z )a' F t. _1 "y :'�•ti-[ 7 •> ,i . . !^+ • r J , Request for a Determination of Applicabi§ity Massachusetts Wetlands Protection Act, G.L. c. 131, § 40 1. I• the undersigned, hereby request that the Conservation Commission make a determination as to whether the area,described below, or work to be performed on said ares,also described below,is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131, §40., 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) � �H �� Location: Street Address.gl(trr-OF- WA —� i?AI tyAK17 E u Loa- &2E AMP Lo[t Number: 34- 3. - The work in said area is described below. (Use additional paper,if necessary,to describe the proposed work.) 4/1/94 310 CMR - 399 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 10.99: continued 4. The owner(s) of the area, if not the person making this request, has been given written notification of this request on I u e ZS t�l�L(date) The nam(s) and address(es) of the owner(s): � : : M.4a3ac-F►tis�s 13P.y�ttA.�srr��►w�y G-ru t t.�or�t��q�jro�l T- I, s� t , .r C/O SEP, C!10-EU E+J F---xoW LF—: C� VA&C- C F K�p Ems,Es A. - -w vF ���TRAnLspO�f.�pN Bu�G,. ,�,� L t�vrtfk�}-}`�j' 5. I(�vTi e`f41e�� comp t copy of t5us request with the approptiateg� It,,fi1\1 Massachusetts Department of Environmental Protection-A LSt I'tg5 (date) DEP Northeast Regional Office DEP Southeast Regional Office .loco mmerce Way `s Lakeville Hospital Woburn,MA 01801 Route 105 Lakeville, MA 02347 DEP Central Regional Office DEP Western Regional Office 75 Grove Street State House West, 4th Floor Worcester,MA 01605 436 Dwight Street -..t\ ,t+` - Springfield.MA 01103 6. I understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10S(3)(b)l,of the regulations by. the Conservation Commission and that I will be billed accordingly. y , Signature ri�GCKd _Name � FVFiV r PAS'-A V0 Address Z-6 ,*S V*,-6rG✓c3780ce0 A4 Tel.`�CV --x66-5'ell O!5$z 4/1/94 310 CMR -400 ATTACHMENT TO THE REQUEST FOR A DETERMINATION OF APPLICABILITY MASSACHUSETTS ELECTRIC COMPANY 2. Description of Area Subject to the Request The proposed work is within the existing Salem Railyard located between Canal Street and Jefferson Avenue, and South of the Salem Police Station as depicted on Figure 1 . Specifically, the proposed work is located to the west and within 100-feet of Bordering Vegetated Wetland (BVW) of a pond. Resources areas are depicted on the attached Figure 2 and a full plan view on Exhibit GAP-1 (#SK-H-63872). 3. Description of Work The proposed work is a portion of the installation of two 23 kilovolt .transmission lines on single woodpole structures from the existing Salem Railyard substation approximately 800 feet to the east. The lines will connect with two lines that the Marblehead Municipal Light Department (MMCD) proposes to install further to the south. The two lines will parallel the existing 2370 Line located outside of the existing railyard fence. The Massachusetts Electric Company portion of the lines will terminate at a connection with the proposed MMCD facilities at the junction of the MBTA commuter rail right-of-way and the Marblehead branch of the Boston & Maine Railroad in Salem. Specifically, the proposed work will entail excavating three (3) holes approximately 3-foot diameter and 7-feet deep within 100-feet of BVW located to west. Wood poles will be installed in each excavated hole and backfilled to the existing grade. Appropriate equipment will be operated by a line crew in the railyard to install necessary pole structures, insulators and conductors on the wood poles. The work will be performed adjacent to the existing railyard fence within the railyard area at specific distances from the wetland boundary as follows: Pole #7 - 60 linear feet; Pole #8 - 27.5 linear feet; and, Pole #9 - 27.0 linear feet. The railyard/work area does not support vegetation. The railyard area where the poles are to be installed slopes away slightly from the wetland as shown by the topography depicted on Figure 2. This minimizes the potential for sedimentation during construction. For additional protection, NEP proposes to install a haybale dike on the wetland side of construction area to prevent the unlikely migration of sediment from the three work sites. MECO RDA Attachment January 1995 (� �J FEW! Ang e�a"TSYi7:_ �f� .lC!� ���1 �'o�� •�/i i���i ,r„el �"- v-.� ®���i P� �r 1I, ♦ /mss ��. a�� mmem IRON �G► @. pjwo i \__��I� ��i �i7/� I I���®�bac.. L. ��pq4/���8•v ► �"•� O�� � '� `tee. =776 ONCE Ml win lair i ��,.��® / �..✓�, i'� � .gip ® �!�' \`o :, SWIM AI 19, IN ® psi®® g wm 500 4' IN RNA mm-In ViN Is maw 4f IBM mi wifivomm,4,52 g�gg �i�j so��p'/^ jam110K IN BRINE I� •. ��lj' �•qt 5- :4�—1 1 MASSACHUSETTS ELECTRIC COMPANY PART OF NEW ENGLAND ELECTRIC SYSTEMWESTBORO, MASS.FIGURE 1 SALEM RAILYARD 23kV TRANSMISSION LINES SALEM, MASSACHUSETTS NOTIFICATION TO PROPERTY OWNER In Accordance with the Massachusetts Wetlands Protect Act Regulations and the Salem Wetlands Protection By Law Massachusetts Electric Company hereby notifies the Massachusetts Bay Transit Authority (MBTA) that a Request for a Determination of Applicability (FORM 1) has been filed with the Salem Conservation Commission in connection with the proposed Massachusetts Electric Company 23kV Transmission Line on "jointly used rail lines" on MBTA property in Salem, Massachusetts Rail Yard - Mile Post 15.5. In accordance with regulations, a public meeting will be held within 21-days of application by the Salem Conservation Commission to discuss the project and issue a Determination whether the said area or work proposed is subject to a Notice of Intent. Information regarding the date, time, and place of the public meeting may be obtained by calling the Salem Conservation Commission during the regular business hours of 8:30 a.m. and 4:00 p.m. at 508-745-9595, or Steven P. Damiano at 508- 366-9011 ext. 3471 . AFFIDAVIT OF SERVICE I, Steven A Damiano, hereby certify under pains and penalties of perjury that on January 25, gave notification to the owner and known lessor of the affected parcel in compliance with regulations (310 CMR 10.05 (3)(a)(3) that Massachusetts Electric filed a Reauest for a Determination (Form 1) with the Salem Conservation Commission. NAME DATE MECO RDA Attachment January 1995 RAw reN` i s �i A14 I. rt PRU RO�XGTG N ' S 'MI k r tui ��f :. r/ r't . �S SI,;,E P•N ,:{gNO RTJHERN� � I Q` ' .� � {�'iyky,+� T {� I U dal � e��Ye w•V i` P .lki a.•aY ' r v t �i e "`... -�""` "�.�: �: �kttg,;{lu J °�' `a �� �,ltf,4,�' .,_�' ��"`dL7F•a ., rj'' { . . r a�� �'1.T r�f vac ,,.r, +• � ,, � I1 [ak# cTM®'' �.�, � i�s .. I �.y��.^ ai� ns�...�ti� �_�. �h4 114eF ��1x �Rj. , ✓ .,Ik t � I,1.. '? 6 �� H 1 If f b s� J 2 � h N 4 p �� �� �r �,i. 1: 4 ik� �i 41}. � � A �s V �. 1 1 y a-. ... 1 � '�Y i h �'�9 i� � f� :T � nom' c+ �fY .�� « �. 1 , !' a � I. t.. Y. . � 1 y _ #" �w� r . k �' 47 \ 1 Y I � <£ Y. _ j k l � 1 '1f w 1 1 � 1lVµ� YV � .Y f � L' �. A ' ➢'� '.Y _ � � Y � �� ^y;..'. �.' .. C _ � �. iib. � � `.�µ)N Cp)1 . Conservatim r Z m Salem. Massachusetts 01970 Ax 30 10 15 latl '9J W ASS A�N�y CITY UN '.:;.L["1-.. MASS Cl CRK'� C; > ICF CITY OF SALEM CONSERVATION COMMISSION REQUEST FOR A DETERMINATION OF APPLICABILITY The Salem Conservation Commission will hear a Request for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40, at the request of Massachusetts Electric Company. The proposed work, located within the existing Salem Railyard between Canal Street and Jefferson Avenue, and South of the Salem Police Station, consists of the installation of three wood poles within 100 feet of a Bordering Vegetated Wetland. The Request will be heard on Thursday, February 9 , 1995 at 7 : 00 p.m. , One Salem Green, second floor conference room. Fred Harney��`` cv Chairman February 1 , 1995 This notice posted on "Official Bulletin Board" tty Hall Ave., Salem,oMrdaancJ-910-30,11f-'$- at Sec. to:is Air! 23A & 238 of M.G.L BN\DEB\RDAMECO P 443 508 647 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to Mass Electric Strom and No. 25 Respnrrh P.O.,State and ZIP Code Westborough. MA Postage $ Ce"Ifled Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing to whom and Date Delivered Return Receipt Showing to whom, N Date,and Address of Delivery m -°. TOTAL Postage and Fear $ Postmark or Date 0 0 m m Ifs a au.n.s„q, su,nar ,u ..NI....W "&IM, CERTIFIED EVIL FEE AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(rte Oo9 1.If you we nt this receipt postmarked,Stick the gummed stub an the left portion of the address side of the article leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier.(no extra charge) - 2 It you do not want this receipt postmarked,stick the gummed stub on the left portion of the address Side of the article,date,detach and retain the recelpt,and mag the article. 3.If you want a return receipt write the certMed-mail number and your name and address on a ratumreceiptcerd,Form 3811,and attach ittothefront of the articlebymeans ofthagummedends H space permits.Otherwise,alfa to beck of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4.If you want delivery restricted to the addressee,or to an authorized agent of the addressee. endorse RESTRICTED DELIVERY an the front of the article 8.Enter fees for the a"=requested In the appropriate spaces on the from of this receipt.If Forum receipt is requested,check the applicable blocks in from i of Form 3811. 8.Save this receipt and present it if you make Inquiry. • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return recei t tee will rovide ou the name of the erson delivered to and the date deliver. For additiona of owing services are available. onsult postmaster or ees an c ecd h k boxlesl for addition uested. 1. ❑ Show to whom deliv dresses's address. 2. ❑ Restricted Delivery char (Extra charge) 3. Article Addressed to: (v / ?.,' 4. Article Number Mass Electric, p?�1. D) P443508647 25 Research Dr v -�J a{,�O Type of Service: Westborough, MA — }� ❑ Registered ❑ Insured Certified ❑ COD Attn: Steve Damiano Express Mail ❑ Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addressee 8. Addressee's Address (ONLY if X requested and fee paid) 6. Signa re — Age X 7. Date oT I livery PS Form 3811, Apr. 1989 *U.S.G.P.O.1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVECE OFFICIAL BUSINESS j0 SENDER INSTRUCTIONS•, Print your name,address and ZIP Cod@ in the space below. • Complete items 1,2,3,and 4 on the reverse. U.S.MAIL • Attach to front of article if space permits, otherwise affix to beck of article. PENALTY FOR PRIVATE • Endorse article '"Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO Salem Conservation Commission One Salem Green IILltrrt111rLrIrrIIILrIrilLitrtL,IrLIrrilllrrllriLllltl r ' SC . r' pobY r-4Z \ .. - - ^n . ❑ t Loner is � � _�. .• � 1 ~� N: AILYARD ^� �Pr ' d \ \\ a SUBSTATION PROPOSED 23,000 VOLTr ��e „f lid ELECTRIC POWER LINES. j; „J te' . •`• :: almer _ _ LEAt • • U LA N OC 1•:: 1L WATER ELEVATION 11.4'+— (12/15/94) / L53 "T /�' /5 E • STRUCTURE #6 ���OC�i 1i 2 / �E -- x 6.23 1 AILAL11 / E 1/43 E x 11.86 -23K ION INE E —� / o 'Ix 6.13 P "EDGE OF WET" � _ — / \ ICJOcSRAPN 4 5 — — — E �, POLE NT. ° p S 57 77POoN '1LE #9 /V/,``// / / J/,/ � �.•� — — �-- ��� 5.23I� E E ' o ° POLE xa ��_ _/ CHAIN LINK. — -- 441 70 Aw • EXISTING BOX CULVERT TOP HEADWALL EL. 7,4'+— , TOP OF BOX ELEV. 3.7'+- SALEM XA L.YAIW • INV. OF CULVERT 0.5'+— (APPROX. HIGH WATER ELEV. 2.0'+— AS OBSERVED) �� ' � • PF,-oP05,5D 23 KV Z/KAA/sNN C. VsslO /N�s` r-- 111 /007FOOF OUFiC FIGURE 2 NOTES: _ The wetland boundary shown was determined using WETLAND RESOURCE BOUNDARY field indicators (vegetation, soil, and slope!, AND TOPOGRAPHIC SURVEY surveyed topography, aerial photography, and , SALEM , MASSACHUSETTS horizontal survey control. Thick vegetation fPhragmites australis) was observed growing to r P R E P A R E D F O R the fence line in non-wetland areas. This NEW ENGLAND POWER SERVICE CO. condition is typical of this adaptive species and not alone an adequate wetland boundary indicator. SCALE: 1 40' JANUARY 3, 1995 vo>E: E�1 •TONS � +SE� PREPARED BY: TAUPER LAND SURVEY 82 DRESSER HILL, ROAD F �RAWrn/G: li6t7 GAP-! P.O. BOX 440 jq -u-,-s i? CHARLTON, MA 01507-0440 r ,: 2 3 _ Q ro1M ua-C _. _ _. _ __ _ •� �� o sem,, _ �{,� _ do �oJJ yob it, t� p�� T�1 0 NEW �/ j uE No+= TM n�t�.,� Orfor�e�r/s+. POWER C 4NY g6 ".9 1 p/ -n fL4MB1E PA Yfs ��' \ 70 11 �� � �� j Kf�r Z r7 , e V —: to i 3 5��"` Al h A /�%v \ lG Le l�'/0 w �0 EXETER /NTERNAT/ON.4L \-� � ' � % S/� R.v ty '� ��" G/TY OFSALE�t�I -Ss` / ,QE�IL T Y TRUST ' `b -4- x ► �( t� . . . firsV .-.:: - - ... .._. ar. _... . .-a.-tea�.-..::��. _ - _..- �a-..� �`-� -cie - _ �t v �Q Q/aE 1 p'�►� d A � d COR�RAT/ON / ! •{ ' 1 O� �.45.SACHUSET7-S BAY Q h i\ t\ �y \ �� ` iwGYFormtr vs 9 Q� _ W Q E r U ' o QQ-��' ti n \ l�L 1 / ► R4NSPORTAIK�N<IUTiS 4I c���uz 4sroc�Frl o 5 v __ — W © /�/� - - - _ - Q Jj 0 Of �� gs-sq ,�iI _ I PROPo o I PC�f�V� GO A"Y �!< C%`�S IRA/Ly4RD I �-lVow Or Fo�rn�r/y 0►`/ O I,�� \Ts d vEbYENGL,QNO suesTATKyv G/TY OF SALEM QV/G� CO/L .04MY - - - - - �MASS.I GHUSETTS gA y Ti2�t p �� - -- -_: _ _ — _ — _ - _ __ � __ _ � ' --•�---- v �+..�-- _______ _y�_-_._ �Ulh'c�l?lI - —__..._�:�— _ _ __-— _ ____ �� T/Q/Y 4 s - a A°1JT .. _aL♦2 _ _ : -. _ _ .v_ - e u .�C:.ti �y' _. ..+c.- _. .,�_,a[, w _J -...- -__ �� .r- -tlY--am> _'.- •-:-__ _.._ - - . .. •--�-�_ 'b�- -. _ � s.- _ _ Ami•.'+bss a� -.:. .r.�. 3"cx�':'9+��a..�. s.�s�'.�- _x... �.. •m-ea.. i._. .s n.•-���- a._. _ -c[=� �r ,.c._.�x�e'a?,.. 7:a.......� �- -•"'� _ _ _ ....c.- - ��- :.. _ �.. z,.,_ - - - - - - _ �� -- --- - - - - - :.:. � - r u +_ ,, a•� e::'nt f,Se!'-v-��.. v .y V'+-'n _ter _ _ _ .._ .. 7 .. �/{��� T� per. �p _ ..... _...--.• K .-.-- - _-. - - - _- - - - .. _. ... _ -' _ ... _..,._- :. - ;:._�•F+..az�...z?r. -. _�._ IDG---'___l� /TV iI� __._. _ .- .. .. .. _ a _ 4); 'n 1 Q 9) � Ol� .t'� - - - R4/lRC�.4O B4SEUNE` -- ����6�lsT/"Cf`ELECTRIC` - 8 L`/h \'/ Y h (! -1{� �� ai, / v� PL7WE/2DINES B t - �. "• `r.+..,a• > -a. ., �-. ..�_ ..__:_ ,Y-'. :t.y � 'T7..r:.,: .- _ .:. _.�. _. - _ vary: �•-_. =•. .+:s'tw+,r -. �� S _ _._. . a _ - �. 4 ( 30�71�36" S/X G-Pl� GG �OU/73 ENG45E0 h h b� h \ y/'� h����rV /N CONCRETE ANO THREE Z3XY_ ' t� ef T C/IaCCJ/TS, 3-/OOdRCMGOPPER' f( `f�1 ' i GONDdrtCroRS,FitGY C/RGU/T 6 ��;(� ��, 21_ PY�LYE7H-ENE uvSULArEo - o EXE-IIB/T G.�P -/ SCA4LE - / _ /00 TO S to ZG l �G> n POWER sIERvIcll: col�Par�r PAW CW NEW EML"M OLECTI"C SYSTEMM -�_ P Y 5�4GH�,ETTS E � COMf �1N z •-..:;-°� � - __ _- - _ _ c "a�. L�tI�fSHO�'V/1'4� PRLk�OSEtrE�EGTRIG` PO�'i'F.�: - --� - n/t7 TO SGAL - - .. _. . __ ___ ,..._ _....._ - ----,.- <:_._ . :--•:__ _:-- -rte - ^ -- _ ---'r --- "�s�a�.'�a - _ _ � � a q `viAY .__-_.. . _. _ -._. .. _ ,•_..:_ .. :.. ._fir--- - - -- r E NLJ OF -gra=r_ F i.. - _ �5- �� _ _�•4'-FB�L.� _.�. -i.-: T .-.+C s:a.. .��--- -a€�SW s=-...-...Y-._:.t.. � __ _. _ /3/Vl Ll Tfv4A/S .4Tl AUT�O1R/TY 4 .SALEM /�i!'ASSACNUSL�TTs f AW S.4LEM M�1SS�tG/IUSETTS a = ,� � o - ESSFX i t/TY t s�! L scuE AS Si rO�'M LMTE DECEMBER.mss/9s2 _- 3 _- -_ _ .- -c ....._. .K. . ..- a. ...- ..-_ -. - .,, -':.r a .- Y +wr...ay. _ .=�_�-a�z�:A' - -Yae�' - as _. -__ ... ._��.i.�:�. ..�.-..�-w-.r'�- — --•+}-.�i-_-ate WTM 3-- s SK ,p�.'_�-w�•-_oB.eJ ._.- •^=ai4.L -Y�. _� a'.. a.: - .. -._ _ ._ _-:�i.v^"_r _ Y=om z_3`.__ ...: - rfi- •ter .r -L__ .y - _ - -- -- ..-a..- .�_ al•._ �. r- _ft�d`: _ Hs-. _ _SSR :�`FY ���_ _ _ - _c: _. ..-. . ,... r. _..- _. .. r'•- -: s:K- �z.�r�CSn: ?m.3��-q--• - $ ''r,='- a,::_ ...v_ -•a='+i».. _�•# _._ _ __ . - .�`.. � - �. • . -^'• __ � �_ - �- .s�t: ?=�f"-_, . .�. _ -�..>- � .�°s._S�' �__-.- . . ._. .. . .--,._ ..__ 3-:. . _�y.� -.:._._. :._ .__ .y. 4`''� kms. �.cy y��� -��+.,,r..�.. 9- .:.r-•*... �- ..:-may .c. _ •-_s_.__- .. :_ .i.�.-� 4�-�:PAF +P .. r. ._ a_ [+- ..6 -. .- Y _'T._.�„t'.._4 el�YJR2 a�'^YYL._' s_ ��'i.i�Ts-cam`. rs..tl I tsm e u % � J f hs I 1 1 \�;� \\ a1q I \\ `t l j1 1 ;I S A dam' 1 ��. ;�'y /C T a ' =" n . 17 Lolr&Pt—e ' + -ILYARD �.� ---�P r d �^ �t _ ,i2 SUBSTATIONI no PROPOSED 23 ,000 VOLT `'•4u e ,il lid ELECTRICPOWER LINES �` i: 3 ��> 6, P. ,,, „J,� _ �, 1�:: a l mer �t S Q ' •< �-7 LEA t STLA•„ r-^rte, OC � ':.. LpGU.S llll. AL POND 1.53 iL k 5 STRUCTURE #6 x oc�z�PFt 2 WATER ELEVATION 1.4'+— (12/15/94) / i / E ,� pirrjor� �E —��— X 6.23 E 1/43 E JL x 11.86 ION INE E —�� o X 6.13 P\ A-LOW / 3__. _� EDGE OF _WET" =E-*S 'E ,POLE �t7 . ` - / o E.P3 .57 4.43' _ — �i POLE #9 AL --___� 5.23 E CHAIN LINK ot'� /P_ o�E ie o - 13 g EXISTING BOX CULVERT / TOP HEADWALL EL. 7.4'+- SALEM 9A/LY,g1 TOP OF BOX ELEV. 3.7'+— INV. OF CULVERT 0.5'+— (APPROX. HIGH WATER ELEV. 2.0'+— AS OBSERVED) �,.•.,� , � • \� "--- PROP0 5EL) 23 KV TRANsn/��SsloN UN�S T /OD–FUD P3ZJr)C9A: FIGURE 2 NOTES: The wetland boundary shown was determined using WETLAND RESOURCE BOUNDARY field indicators (vegetation, soil, and slope), AND TOPOGRAPHIC SURVEY surveyed topography, aerial photography, and , SALEM , MASSACHUSETTS horizontal survey control. Thick vegetation (Phragmites australis) was observed growing to r P R E P A R E D FOR the fence line in non-wetland areas. This NEW ENGLAND POWER SERVICE CO. condition is typical of this adaptive species and not alone an adequate wetland boundary indicator." SCALE: 1 "= 40' JANUARY 3, 1995 N(JTE: ELEI�AT/ONS .�.+sEa PREPARED BY: TAUPER LAND SURVEY ro.s �. ni+Tu,�s.(r929) 82 DRESSER HILL ROAD R�cDRAW�nI�: CHr6r7'C�'fIP�! P.O. BOX 440 CHARLTON, MA ,01507-0440 u d �L V "� s 2 3 4 S 6 FORM 134-W -- - - - - t lob L V5 - - s- S < L dddl _. .. - 5 4 �'§J NEYV �NGLA ' a �•/�- 9� 5 y00, Rug NTH U� k � �v�pJ 1o �` BLETJ A3, 'o %- �o`•� CO P.4NYE5 '�� i���jD �4y" •�+�/ �� '� ov A p '��' v > e-S� �c� s o t _ s rte' A,./� fl/ {J 1 �J 0 � poll A + 0 0 EXETER /NTERNAT/ONAL \� 't'q o � .��' Gs� � /J No,>r orFOrrr�cr/y �� , Q' �lll v�!u ,t� v v RE,4LTY TRU5T `"-9\00 `•S-\� �° -�. �1� !3�G� C/TY OFSALEM 'vL O h 0 ti , -� +, - - "�'s�o +C4• 5� �t p 'cam N _ . 1 h - ormer _ ' y •��4 ► X41 �p^• V ' TsIE fC/R72� -- -- aVr� Q� Q/ h4` ��� N �� F,. COROCIORAT/ON .40 / ! - - - 0 ` w� w h 0 E �G1AS.SgC�/USE/TS-BAYir AT O ESTJ�A/£S ReF.tu �.• tu T _ 0 cc orSsq�.,y��� - PROPOSED 1 f' GO ANY 1 �< �%`�c5 of IRA/LYARD 1 JVow Or Former/y �- fc/E`VENGLANO St/�STA'T/atil CITY OF SALEM S FOAv'ER COMPANY ' / 4' Q P J NSP - _ — / AZ -� O NA a so— SS�QCHUSETT:S y - - -_ __O _ AT/ON— ,4C1TyQ,QJ ? `J/t� A!/lfi'OrP/TY s - - 4 30 J 0 hr� O '� 1 _. �� /` .?.4/L.?OAD BASEL/NE GGit/GRETERErA/N/NG W4LL F 5 OF EX/ST/NG ELECTfZ/G B Lacy �� `�� , � � tD/ Q 'h ��' Q° �h '��! B � C h � J yL7ivE2 L/NES Q _ . All 6XV IV y_ SIR G_P/�G CCWoU/r5 ENG45E0 h��•��'`V !N CGlNCRETE ANO THREE Z5XV, - -OOOJSGMGB�PER _ a Q h � �.4 2/- - °* DELYETHLENE /N.SUTATEO � I-7 I�/ T OAP –J '�� . SCALE : /"_ /OO TO. - — a'V t� 000 NEW ENGLAND POWER SERVICE COMPANY `�` i PART OF NEW ENGLAND ELECTRIC SYSTEM t VVESTBORO.MASS. G�ETA/L A-.4 55,4CHl1SETT5 EIEC79 C COMPANY PLAN SHOI'V/IVG PROPOSED ELECTRIC PO!'YER a _ - - r�K�r To sC�u �+4, _fir LINE ON, ALONG, AND ACR055 MND OF ss,�C�vsFTrs �y __ 39/4 TR4JVSPORT.4T/ON .4C�T OR/TY _ _ o SEX A�'c9t�NTYS6TT� tis«?LG scnLe AS SHOYVN/1rlASTE. DE EMBER Ifo /992 Fac 4a 4K sa. 1/ O 3E $ a Q < NOTED � s 2 v i. _ � __� _._ _._ - 5 .5 Tai -638;7 _