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203 CANAL STREET - CONSERVATION COMMISSION Canal Street it v - 80 Form 2 - DEOE Fie No. n - (To be provided by DEOE) Commonwealth CRy/Tow" Salem , of Massachusetts ApplicaSamuel B. Tassel nt Determination of Applicability Massachusetts Wetlands Protection Act, G.L c. 131, §40 Frog+ Salem C•nnaervatinn Cbmmiccinn Issuing Authority To Mr. Samuel.B. Tassel , Adrian Ouelette, Alyce's Ice Cream (Name of person making request) (Name of property owner) • 20 State Street, Lynn, MA. Address 203 Canal Street, Salem . Address This determination is issued and delivered as follows: O by hand delivery to person making request on (date) ® by certified mail,return receipt requested on urpon race'nt (date) Pursuant to the authority of G.L c. 131, §40,the Salem Conservation Commission has considered your request for a Determination of Applicability and its supporting documentation,and has made the following determination(check whichever is applicable): 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 Protcution Under the Act.Therefore,any removing,filling, 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 fhat srr There ' fore, said work requires the filing of a Notice of Intent " 'C j: • .. 2-1 81 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 firing of a Notice of Intent. This Determination is negative: 1. M The area described in your request is not an Area Subject to Protection Under the Act 2. ❑ The work described in your request is within an Area Subject to Protection Under the Act, but win not remove, fill, dredge,or alter that area.Therefore, said work does not require the filing of a Notice of Intent. 3. ❑ The work described in your request is within the Buffer Zone, as defined in the regulatiors. but will not alter an Area Subject to Protection Under the Act.Therefore, said work does not require the filing of a Notice of Intent. 4. ❑ The area described in your request is Subject to Protection Under the Act,but since the work described therein meets the requirements for the following exemption,as specified in the Act and the regulations, no Notice of Intent is required: Issued by Salem ConseZvationComrrlission Conservation Commission a Signaturefs► j This Determination must be signed by a majority of the Conservation Commission. On this 12 day of December 19 Re; 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 Sam s his/her fr a ac I deed. 9-9-88 iVotery Public My commission expires • ' T?is Determination does not relieve the applicant from complying with all other applicable federal,state or local statutes.ordinances, by-laws or regulations.This Delernination shall be valid for three years form 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;own in which such land is located,are hereby notified of their right to request the Department of Environmental Quality Engineering io.ssue a Superseding Determination of Applicability,providing the request is made by certified mail or hand delivery to the Department 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 mal or hand delivery to the Conservation commission and the applicant. 2.2A SENDER: Complete items 1,2,3 and 4. o Put youraddress in the"RE'rURN 7D"spaceon the 3 reversesido. Failure to do this will prevent this card from t�. being returned to you.The return receipt fee will provide you the name Of the person delivered to and the data Of delivery.For additional fees the following services are available.Consult postmaster for fees and check boxiesi < forgery.Cis requmod 1. C7 Show to whom,date and address of deliver,, 2. ❑ Restricted Delivery. Qvo 3. Article Addrawsd to: �CAs 4. Type f S rvice: Article Number ❑ qag1sterad ❑ Insured Mtertified ❑ COD v, (,o 3a ❑ Express Mail Always obtain signature of addrmseegragent and DATE DELIVERED. 5. Si tura—Ad& r 6. Signature—AgentsJ t W\ --II EF Cs x Ck� 9 7. Date of Delivery, m 2 8. Addressee' �LsAddress(O L tf ¢sr¢ a ¢¢Pa 9 �—fir m n m 9 1 UNITED STATES POSTAL SERVICE III III j OFFICIAL BUSINESS SENDER INSTRUCTIONS Ufi.MArl� Print your name,address,and ZIP Code in the space below. ♦ " • Complete Items t,2,3,and 4 on the reiefse. • Atteeh to front of article R space pe"Its, PENALTY FOR PRIVATE otherwise affix to back of article. USE.L300 • Endorse article"Return Receipt Requested" adjacent to number. RETURN TO �C wPvo C4 yo ( me of Sande C>e r�e1 ^� o.�pnd Street,Apt.,Suite,P.O. Bon or R.D.No.) C 1�a�O(-Y-� �1 f�, (111 r76 WtV,State,and ZIP Code) r IN n � 1��jF.cr.�ru�iG� a�C�r�¢ck Lcvz�oxeizQzL<<�ec,z�C�ro�rizee�vrryv' w RUSSELL SYLVA Commissioner 935-2160 r February 2, 1986 SALEM PLANNING DEPT. I •M1 v w•�. Raymond T. Fraser RE: WETLANDS/SALEM 20 Hersey Street Superseding Determination Salem, MA 01970 Canal Street, Salem Dear Mr. Fraser: The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Quality Engineering has completed its review of the above-referenced site in preparation to issuing a Superseding Determination of Applicability. Pursuant to the provisions of Massachusetts General Laws, Chapter 131, Section 40, the Department is issuing the enclosed Superseding Determination based upon 1) Information and plans submitted, 2) information presented during the on-site inspection, and 3) reasons the Department has deemed necessary to protect the environmental and public interests identified in the Act. The site being considered in this Determination is a single lot located on the . southeast corner of Hersey and Canal Streets in Salem. The lot is currently paved and does not border any wetland vegetation subject to protection under the Act. An adjacent lot containing a stand of Phragmites was previously determined by the Salem Conservation Commission to be an area not Subject to Protection Under the Act. A review of the appeal letter and the comments received at the January 16, 1986 site visit shows the main concern for the proposed project site is flooding. The Federal Emergency Management Agency (FEMA) designated the area to be within Zone B (within the 500 year flood zone) in Flood Insurance Rate Maps issued on August 5, 1985. However, local residents claim the area has a history of flooding during even moderate rainstorms. Runoff from surrounding properties drains via a storm drain system that eventually empties into the ocean. Local residents feel drainage of the area is poor due to a number of factors including; the clogging of drain pipes, the malfunction of a tidegate, and previous developments that have reduced the flood storage capacity of the area. As a result of the site visist and file review, the Department has determined that the property in question is not an Area Subject to Protection Under the Act. Section 10.57,2(a) of the Wetlands Regulations requires the Department to determine flood boundaries using the most recent flood profile data issued by the Federal Emergency Management Agency (FEMA). The regulations require the Department to presume this data to be accurrate unless overcome "by credible evidence from a registered professional engineer or other professional competent in such matters". y� P ` 4 Page -2- .,sr. File #61-86 P The most recent flood profile data that the Department has recieved for this area, are the Augusut, 1985 flood profile maps issued by FEMA showing the area to be outside the 100 year flood zone. Although the Department did view photographs at i the site visit that showed evidence of local flooding, the photographs were taken a few years ago and preceed more recent flood boundary data for this area. The a Department has not received any engineering data or photographs showing flooding had occurred on the site or since the latest FEMA study was-issued. Therefore the Department must accept the August, 1985 FEMA study to be the most recent flood data for this site and considers the lot in question to be outside the 100 year flood plain. Please be advised it is the Department's responsibility to address only those public and environmental interests identified in the Wetlands Protection Act. Should you or any party dispute these findings direct your attention to that part ft•' of the Superseding Determination that specifies your rights and procedures to } appeal. .ti, If you have any questions regarding this decision, please contact Mr. John Felix at 935-2160. Very truly yours, William A. Krol, P.E. , Deputy Regional Environmental Engineer #; WAK/jf/cd cc: Samuel B. Tassel, 20 State Street Lynn, MA 01970 'Y Salem Conservation Commission City Hall Salem, MA 01970 Dr. Hugh Mulligan, Gulf of Maine Research Center 30 Church Street Salem, MA 01970 .Y y r y y. Form 2 , • t OEl7E File No. .`` (To be provided by DEDE) Commonwealth City/Ton 1211pm w of Massachusetts Samuel Tassel Applicanto _. .r ..�. Determination of Applicability Massachusetts Wetlands Protection Acti�G.L.-c. 131, §40 From Department of Environmental Quality Engineering Issuing Authority .A. To Mr. Samuel B. Tassel Adrian Ouellete, Alyce's Ice Cream (Name of person making request) (Name of property owner) 20 State Street, Lynn, MA 203 Canal Street, Salem, MA Address Address This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) KI by certified mail,return receipt requested on (date) A = Department of Environmental Quality Engineering Pursuant to the authority of G.L.c. 131, §40,the ' has considered your request for a Determination of Applicability and its supporting documentation,and has made the following determination(check whichever is applicable): 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,filling,dredging or altering of that area requires the filing of a Notice of Intent. 1, 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.There- fore, said work requires the filing of a Notice of Intent. 2-1 •.f-� .f. 3. ❑ The work described below,which includes all/part of the work described in your request,is within f ' the Buffer Zone as defined in the regulations,and will alter an Area Subject to Protection Under r.. the Act.Therefore,said work requires the filing of a Notice of Intent. ..a This Determination is negative: 1. E1 The area described in your request is not an Area Subject to Protection Under the Act. 2. O The work described in your request is within an Area Subject to Protection Under the Act, but will not remove,fill,dredge,or alter that area.Therefore, said•work does not require the filing of a Notice of Intent. 3. O The work described in your request is within the Buffer Zone,as defined in the regulations, but will not alter an Area Subject to Protection Under the Act.Therefore,said work does not require the filing of a Notice of Intent. 4. ❑ The area described in your request is Subject to Protection Under the Act, but since the work described therein meets the requirements for the following exemption,as specified in the Act and the regulations, no Notice of Intent is required: Issued by the Department of Environmental Qu i y Engineering. Signature 2nd February 86 On this day of 19 , before me personally appeared 1.141.14. affl. A. Krol ,P €. , Dep Reg Ftp Enq 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 Superseding Determination does not relieve the applicant from complying with all other applicable federal,state or local statutes, ordinances,by-laws or regulations.This Superseding Determination shall be valid for three years from the date of issuance. •- The applicant,the owner,any person aggrieved by this Superseding Determination,any owner of land abutting the land upon which the proposed work is to be done,or any ten persons pursuant to G.L.c.30A,§10A,are hereby notified of Meir right to request an adjudica- tory hearing pursuant to G.L.c.30A,§10.providing the request is made by certified mail or hand delivery to the Department 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 Quality Engineering,One Winter Sheet,Boston,MA 02108.A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commission,the applicant,and any other parry. A Notice of Claim for an Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR 1.01(6),and shall contain the following information: - (a) the DEOE Wetlands File Number,name of the applicant,and address of the project; (b) the complete name,address and telephone number of the party filing the request,and,if represented by counsel,the name and address of the attorney; (c) the names and addresses of all other parties,if known; (d) a clear and concise statement of(1)the facts which are grounds for the proceeding,(2)the objections to this Superseding Deter- mination,including specifically the manner in which it is alleged to be inconsistent with the Department's Wetlands Requlations. (310 CMR 10.00)and(3)the relief sought through the adjudicatory healing,including specifically the changes desired in the Superseding Determination; (e) a statement that a copy of the request has been sent to the applicant,the conservation commission and each other party orrepre- sentative of such party,if known. - Failure to submit all necessary information may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing. 2.28 '3 S. RUSSELL SYLVA Commissionere�QQ d /wo �- 935-2160 January 10, 1986 Mr. Raymond Fraser RE: WETLANDS/SALEM 20 Hersey Street Superseding Determination Salem, MA 01970 Popeye's Restaurant Dear Mr. Fraser: The Department of Environmental Quality Engineering is in receipt of your Appeal dated December 16, 1985, regarding the above-referenced project. In accordance with Massachusetts General Laws, Chapter 131 , Section 40 and in preparation to issuance of a Superseding Determination of Applicability the Department has scheduled a site evaluation with you and all concerned parties. The purpose of this site evaluation is to determine if the area is significant to the interests of the Act and to informally discuss the issues relevant to the referenced project. Mr. John Felix from the Division of Wetlands will on the site at the corner of Canal and Hersey Streets in Salem at 11 :00 a.m. , on January 16, 1986. No activity may commence on any portion of the project subject to the jurisdiction of the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 until this Department has issued a Negative Determination or until a Notice of Intent has been filed and the corresponding Order of Conditions issued to regulate the activity(s). If you have any questions regarding this matter, please contact John Felix at 935-2160. Very truly yours, John Felix, Wetlands Section Chief JF/bm/cd cc: Salem Conservation Commission, Town Hall, Salem, MA 01970 Mr. Samuel Tarsell, 1000 Paradise Road, Swampscott, MA 01907 jori cob b, 2 .0 U 2 Salem. Massachusetts 01970 ASSf�a�y NOTICE OF DETERMINATION At a regular meeting of the Conservation Commission to be held on Thursday, December 12, 1985, the Conservation Commission will determine the applicability of the Wetlands Protection act (M.G.L. , Chap. 131 , Section 40) on the application of Popeye's Restaurant to construct a restaurant on Canal and Hersey Streets. The meeting will be held at 7:30 p.m. , One Salem Green, second floor conference room. Philip D. Moran Chairman 12/4 tr P 154 216 321 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) m SF tt / ' Sireat)and No. a P.Q.,Stale and ZI!Z�gt U a ( J1 n d Post $ ryl r Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing / to whom and Date Delivered t,/ Return receipt showing to whom, rA Date,and Address of Delivery am TOTAL Postage and Fees $ LL 0o Postmark of Date m M E `o LL W a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front 1. If you want this receipt postmarked,stick the gummed stub on 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 receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card. Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back 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 on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.If return receipt is re- quested, check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 80 . Farm 2 - DEOE Fle No. ;oma (To be provided by OEOEI Commonwealth Clty/To" Salem of Massachusetts Applicant Samuel B. Tassel Determination'of Applicability Massachusetts Wetlands Protection Act, G.L C. 131, §40 From Salem consarirati nn Commission Issuing Authority _ To .Mt. Samuel B. Tassel , Adrian Ouelette, Alyce's Ice Cream (Name of person making request) (Name of property owner) 20 State Street, Lynn, MA. 203 Canal Street, Salem Address Address This determination is issued and delivered as follows: ❑ by hand deliveryto person making request on (date) ® by certified mail,return receipt requested on ikon receipt, _(date) Pursuant to the authority of G.L C. 131, §40,the Salem Conservation Commission has considered your request for a Determination of Applicability and its supporting documentation,and has made the following determination(check whichever is applicable): This Determination is positive: 1, ❑ The area described below, which includes aiUpart of the area described in your request, is an Area Subject to Protc;tion Under the Act Therefore,any removing, filling, dredging or altering of that area requires the filing of a Notice of Intent. 2. ❑ The work described below, which includes a]Vpart of the work described in your, equest,;is within an Area Subject to Protection Under the Act and will remove,fill,dredge or alter that Stea There ' fore, said work requires the filing of a Notice of Intent _ 2.1 81 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 firing of a Notice of Intent. . This Determination is negative: t. The area described in your request is not an Area Subject to Protection Under the Act. ' 2. ❑ The work described in your request is within an Area Subject to Protection Under the Act, but will not remove, fill,dredge, or alter that area.Therefore, said work does not require the fTng 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 ffng of a Notice of Intent 4. ❑ The area described in your request is Subject to Protection Under the Act but since the work described therein meets the requirements for the following exemption,as specified in the Act and the regulations,no Notice of Intent is required: Issued by Salem Con vation Coninission Conservation Commission Signatures) Lr� This Determination must be signed by a majority of the Conservation Commission. On this 12 day of December 19 85 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 sam s his/her fr a ac a 6 deed. aIL 9-9-88 No Public My commission expires t This Determination does not relieve the applicant from complying with all other applicable federal,state or loeal statutes,ordinances, ,,,by-laws or regulations.This Determination shall be valid for three years form 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 len residents of the city or town in which such land is located•are hereby notified of their right to request the Department of Environmental duality Engineering to issue a S14erseding Determination of Applicability•providing the request is made by certified mail or hand delivery to the Department wimin 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 310 C?IK: DCl'AI('IT71'.N"t' (.)II iwVlliUrJNII.N'I'At. c 11,11.11Y I:PJf;IIICI:I:IN( i r 10.99: Forms Farm 1 Form 1 OSCE FAe tw. ITa be urcwa*c by 0ECE1 — - Otv/Town S a 1 em Commonwealth Samue B . assel of Massachusetts AoWcm+r Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 Salem 1. 1,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 area,also described below,is subject to the jurisdiction of the Wetlands Protection Act.G.L c. 131. §40. 2. The area is descnbed as follows.(Use maps or plans,if necessary, to provide a description and the location of the area subject to this request.) The property on Canal Street is situated approximately 2300 feet west of Salem Harbor and 300 ft . ' east of the Boston & Maine Railroad tracks (Fig. l) . The site is bordered by residential and commercial properties , lot #11- Alice ' s Home Made Ice Cream, lot #36- Donut Ring Restaurant , lot #3- McDonalds Restaurant , lot #1- Pump & Pantry Gas Station , Salem State College and various residential units (Fig. 2) . The elevation of the property is less than 10 feet (USGS Map ,Fig . 3) . The property is situated within zone B of the Aug. 5 , 1985 Flood Insurance Rate Map/Federal Emergency Management Agency (Fig. 4) . Zone B designates areas between the limits of the 100 and 500 year flood. The property is situated outside of any wetland resource area and is not contained within a wetland buffer zone . 3. The work in said area is described below.(use additional paper,if necessary, to describe the proposed work.) The surface area of the site will not be altered other than indicated by plans for the construction of a single story building(please refer to the attached Plans) . The construction of the 32 x 80 ' building will take place on top of the existing paved surface . I request that the Conservation Commission make a negative determination of applicability because the area described in this request is not an Area Subject to Protection Under the Act . tI 310 COIR: I)LPAR'1'hILN'IOI 1INVIRONhILN'1'AL (,)UA1.l'1'Y C^J(�INCCI;IN 10.99: continued Form 1 : continued 4. The owners)of the area, if not the person making this request, has been given written notification of this requeston OctobQr9 , 1985 (date) The name(s)and addresses)of the owner(s): Alyce ' s Home Made Ice Cream Inc . 203 Canal St . Salem, MA 01970 Adrian Ouellette 5. 1 have filed a complete copy of this request with the apprgpriate re0ional office of 0Massachusetts Department of Environmental Quality Engineering on December Z , 1`J 25 (date) XXNortheast Souttieast 323 New Boston Street Lakeville Hospital Woburn,MA 01801 Lakeville,MA 02346 Central Western 75 Grove Street Public Health Center Worcester,MA 01605 University of Massachusetts Amherst,MA 01003 6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor- dance with Section 10.05(3)(b) 1 of the regulations by the Conservation Commission and that I will be billed accordingly. Signature_0 , d Name Samuel B. Tnsspl Address 1000 Paradise Road Tel. C617) Sq�no Swampscott , MA 01907 12 a�Y r "• A&ANWN 11 \ q ffz/. T�•r�A_�•��,�,Ii*2s�� .��wv SO. si 1I� val ar-ate Ng li �i %ham � t't✓*�'F , i %®�✓i'q�y7 i1/'H. eat r + �\6�� G 30— NI 6y' Nf Vz FA �t `S��-��' vai'ri�t��. '��16nh+ U 111 i1u Wil.=��rs1'L�lk��xa ,i . • tea.I Imp, gr. OET 10 cry.. i ® ' r O ►�T�ICs. ti M�� ..��rn�► ".EI�f.:\I^: lil/i/fes . 11 a4 pcEAN •� 58p0 57 .e a 60 4/,900 4' 4,660 9, 0 4,611 � C 558 3900 419 w 40 895 • r B 00 4190 5 E, ft o ie N E a Z �Q Pglso < 15T U z 15,54Z 5 ss.sP° 2 " 10,000 P0.9B1 - j4 •a El $",Soo SOO� - 55 1 1 ,0.01 1, 54 1 56 4211 1 -9000 1 y 1 is1 1394 11 SALEM STATE L PARKING W s 4 POOL1272 \� 51 7177 E4 5O n \ �MEhT $.7191 > �� O _ 2: \ 2571 49 10 ro S b FIGURE 2 : PLOT PLAN SCALE : 1"=100 ' BASE MAP : ASSESSORS MAP K � �.;� � c�1� _� � �� .�" �� ` ��. � � . �. :_ �. ,� �� it •. �� r � � � , l��j �� +� ----" � , �•►"� • ` I 1 r�', ,� �I l � / �' - . �� >...� ��. 1� _ � _ �� , , ., . . : . , ., . . . . f.F. ti y t N U E — orrfruc__>'�'�==y . J4 4ar5 o... .. 9 fPnccs v4:e. �aie. W JEST 0?—t NNLT COT D - a9� r, D pp s` I NOD'DO'oa�w xa • 1 GoweE6t 40Wo 4nN.ci.-� T .u4vpY frl�I LCa!CcxYiui�.[a MT>a oleLl[+S Uuf Vli.u[4 I _ .... CHECK PRINT D r . oK:a.':? FOR ESTIMATING ONLY c NOT TO BE USED FOR --- ' CONSTRUCTION PURPOSES JOSFPH V. NUFOCTC� No!E : AC[ of Ln-o tz•-. .v,.+ cr / �I �..�4r Cs'.E% SvraEY ;eav�ctl , wc. ia� Essen •,r � fn�e.n u,na (¢nerq D.noww•u, wF �••,• +' °I'� { v a S , 1t. aiY ELT AUPEL ZONE C ..; RM13x MEADOW ST OCEAN Q �ti I'i STREET Property AVENUE REST ' drn 1Y {s s ACYL r yj'r �. P �d P r : r FIGURE 4 : FLOOD ZONE MAP SCALE : 1"=400' FIRM/FEMA ZONING b I 310 Ch1H: DCI'Ali'I'NILFIT UII.FJV11WNNWN'YAl, l,rilAl.I'11' I';JiIUvCI:I:INII di 10.99: Forms Farm 1 form 1 r� pEOE FAS No. (To oe oro.+an oy OEGEI Commonwealth GMT., Salem Samuel B . assel of Massachusetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 Salem 1. I,the undersigned,hereby request that the Conservation Commission make a determination as to whether the area,described below,or work to be perforned on said area,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,it necessary, to provide a description and the location of the area subject to this request.) The property on Canal Street is situated approximately 2300 feet west of Salem Harbor and 300 ft . east of the Boston & Maine Railroad tracks (Fig. l) . The site is bordered by residential and commercial properties , lot #11'- Alice ' s Home Made Ice Cream, lot #36- Donut Ring Restaurant , lot #3- McDonalds Restaurant , lot Cpl- Pump & Pantry Gas Station , Salem State College and various residential units (Fig. 2) . The elevation of the property is less than 10 feet (USGS Map ,Fig. 3) . The property is situated within zone B of the Aug. 5 , 1985 Flood Insurance Rate Map/Federal Emergency Management Agency (Fig .4) . Zone B designates areas between the limits of the 100 and 500 year flood. The property is situated outside of any wetland resource area and is not contained within a wetland buffer zone. 3. The work in said area is described below.(Use additional paper,if necessary, to describe the proposed work.) The surface area of the site will not be altered other than indicated by plans for the construction of a single story building(please refer to the attached Plans) . The construction of the 32 x 80 ' building will take place on top of the existing paved surface . I request that the Conservation Commission make a negative determination of applicability because the area described in this request is not an Area Subject to Protection Under the Act . tt 310 CJIR: DEPAR1'NICMf OI' ENVIRONNICN'CAL )l!A1.1"I'Y' CFJGINI' N I � 4 .LII C 10.99: continued Corm 1 : continued 4. The owners)of the area. if not the person making this request, has been given written notification of this requeston Octcber9 1985 (date( The name(s)and address(es)of the owner(s): Alyce ' s Home Made Ice Cream Inc . 203 Canal St . Salem, MA 01970 Adrian Ouellette S. I have filed a complete copy of this request with the apprgpnate reHional office aV Massachusetts Department of Environmental quality Engineering on llecembeT L lyt5 (date) XXNortheast Souttieast 323 New Boston Street Lakeville Hospital Woburn,MA 01801 Lakeville,MA 02348 Central Western 75 Grove Street Public Health Center Worcester,MA 01605 University of Massachusetts Amherst,MA 01003 6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor- dance with Section 10.05(3)(b) 1 of the regulations by the Conservation Commission and that I will be billed accordingly. Slgnature_>, Name Samuel B. Tassel Addreea 1000 Paradise Road Tel.1417) 59'1_,irnn Swampscott , MA 01907 1.2 � I n •.J r '�I�iF�i, ! 1�roi�A►r,�� : e�,Ir�� 'fie ®�! .� ti��BIi ,T: � �.��I�' ��e�►`1l :arc♦ � , s ♦ ,>> ?�1. ,,W"'1 00 i17 1- 1 ® �l. 'W. t�F y�A�1R•'„! .f�ov, ��b�,� �z' Oji\ ,�,i l.� z Ns C�`'^ \\ •:` �' \ 1'AlllAl ..: all Ell Am d 11.9 �l` yam,tf�jl �iRy�+\ I��V�' I�b4�'t!'a��°•�`,p-� -. .— ",�,�v�=��.zra�ra�►►�sr.•�ltl�t.i�I/�\:'+�/i�1i%� ,.? AVE. �a-yaw OCEAN '❑ 4,6 580. 5T .. a 60 .9 °' 61 60 y ,0� 4,633 C 3 _. Q '58 900 4,9 40891 w sJ6 9 00 4,90 >o oR ,. N E R 5 E, O D N n pe. O f ♦ J _lfo�� w z MQ2g430 �5T u 34r 5 37.320 $ r Zoo 10,000 P0,983 :e a sow 7",� 1 - 10.0'7, 56 4544 _ 11 -5000 n 1 15y 4 11 SALEM STATE L PARKING 50 P00�I1Pla � \ \ 51 \ \ O $-..1194 z \\\ fe 24 4 s - b FIGURE 2 : PLOT PLAN SCALE : 1"=100' BASE MAP : ASSESSORS MAP ' K . � � � �-- �. �V/ � �� 1 ff � ��1T!;� ;� J _ 1 t �� ,f��t�, . �r1 ' i . , ....- --- � � �� ! � j ,, ; �, � ,. � E / ^r (�'� / ��'�� ,®vim \� � ,.;.� ��. � _ r _ �� , . • � : . . . � , . .. . . . . - A0.0 cr Lr• 2- 15,3�1 4.F. ALln - PEL<O+Twtc uu aeV Cate I^ N U E - oer-1!10E ___ -H ar- �EwTS - D^u'.0 r. q fPnc aLq:D. W F G E.wo.oreE. n (pww Lede W - � TEJT 50!=144j-t- L' ti L Il o e . J w " t 0 � F ` \_ c TTI � N � � I LYn Sw..•L au•w.. ,_� y FeL 4NAu DeLWI 0.CfuV�_Ee._To 0.Cye[L Ly: ■ aowec[4-xowo4nw•u.r.. ��..,.r+-an+yrnr Y 4fe![[4Y�Gl/'CONY>•OIOLICnL UYIVL(•u({ 1 /n. sn+eti t(tf .w....n C•.�I • ue..w. .�nr�N 11 CHECK PRINT D . .,., ,L P U T L A , L e �c . o FOR ESTIMATING ONLY _' ^i -vf. 1T PL 0.11.,E NOT i0 BE USED FOR fJo to ALL Ip Ffv la onTn�uec r--[: • �r ��' rz_, ., er CUNSTRUCTION PURPOSES LPN V. NU6.1d. ESSE4 fvY VEY :C2V�LE � WL. 19� E•i1Cv- '+r. � IP LC4.� M..:S � 4nOCE(wa![.CW Mnu +f u• Vu^uN/"� j �� n�el' *_ 3 „..r{ ' i T ' EET EgUPEL ZONE C RM13x MEADOW ST r OCEA„ PEE, Property PEST ZONE B K r / z� 3e Q l Q Y FIGURE 4 : FLOOD ZONE MAP SCALE : 1"=400 ' FIRM/FEMA ZONING W`r,,%oN coM�' Conservaxim Commission Salem. Massachusetts 01970 �y HAssnt��y NOTICE OF DETERMINATION At a regular meeting of the Conservation Commission to be held on Thursday, December 12, 1985, the Conservation Commission willdetermine the applicability of the Wetlands Protection act (M.G.Lt , Chap. 131 , Section 40) on the application of Po�eye-' s Restauran�L to construct a restaurant on Canal and Hersey Streets. 'The meeting will be held at 7:30 p.m. , One Salem Green, second floor conference room. Philip D. Moran Chairman 12/4 REC:EIVE� December 16 , 1985 UE(; 1 8 1985 To i D.E.Q.E. SALEM PLANNING DEPT. Dear Sirs As one of several concerned residents of Salem, Mass . I, am requesting your assistance regarding an issue which, in my opinion, is presently not receiving appropriate monitoring by the local city departments and officials. ,A Franchise of the Popeye , s fast food chicken restaurant is being proposed on a vacant lot on the south east corner of Canal and Hersey Streets in Salem. The area was a salt water canal at one time and was filled and developed several years ago . It is prone to fre- quent flooding ( often a dozen times a year or more to depths of up to two feet over the entire area ) from both storm water and sanitary sewerage . At a recent meeting of the Salem Conservation Commission in which the applicant was requesting a determination, several of the local residents were shocked to hear that the project could be issued a building permit the following day . Apparently no public , planning board , or appeals board hearings are required under Salem zoning by- laws . The existing drainage and sewerage systems in the area are extremely ineffective during even moderate storms , and the area is often inundated with sewerage , even during dry periods coincident with extremely high or flood level tides. Numerous complaints to the Salem D.P.W. and or health department over the years have resulted in few effective remedial measures short of cleaning the drain and sewerage systems. During these periods of backup , the proposed building site actually acts as a retention / detention area in helping to mitegate the effects of local flooding. Raising the area in support of const- ruction will have a significant adverse impact on the surrounding homes & businesses . The proposed site is within 50 feet of a wetland on Hersey Street which was determined to be to small in size to fall under the jurisdiction of the local Conservation Commission under the Wetlands Protection Act . As a first step in an attempt to try to resolve our concerns , I contacted the City engineering Department to ask if any drainage , sewerage , traffic , or fire flow analyses or tests had been submitted or performed as part of the proposal. I was informed that the depart- ment knew nothing of this patticular project and typically did not get involved with matters such as these. As a representative of several very concerned residents in Salem, I am requesting your Departments immediate intervention in any areas over which you may have jurisdiction. I eagerly await your res- ponse to this extremely sensitive issue. If I can provide any further infornation or clarification please do not hesitate to call me at 617 - 664 - 5731 during working hours or at 617 744 - 4356 otherwise . Sincerely Yours Ra and T . Fraser 11 ,P. E. 20 Hersey street Salem, Mass . 01970 ADMIRAL ENTERPRISES, INC., DBA mope Yes . FAMOUS CHICKEN October 24 1985 Conservation Commission City of Salem Salem, Massachusetts Re: Apolication. for determination at 203 Canal Street. Salem, MA Gentlemen! I do hereby request that you withdraw the above without prejudice. Thank you. Very truly yours, POPEYES SBT:ef Samuel B. Tassel. President 20 State Street 9 Lynn, Massachusetts 01901 • Lynn, Massachusetts 01901 • (617) 59576486 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING Cl10.99: Forms Form 1 Farm i bEOE F4 (Tbbgb "byokcli) Ap.. Commonwealth Salem Samuel. B. Tassel of Massachusetts App�emn Request for a Determination of Applicability Massachusetts Wetlands Protection Act,G.L: c.131, §40 1. I,the undersigned,hereby request that me Salem Conservation Commission make a determination as to whether the area,described below,or work to be performed on said area,also described below,is subject to the jurisdiction of the Wetlands Protection ' Act CLL e.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 thio request) - (Please note plan left at informal hearing 10 October 1985) 3. The work in said area is described below.(Use additional paper,if necessary,to describe the proposed work) - Surface area will not be changed other than indicated by plan for construction of single story building. t•1 6/30/83 Vol. 12 - 222.1 C 310 CMA: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued - Form 1: continued 4. The owners1�of the area,if not the person making this request,has been given written notflicatlon of this requestpn October 9, 1985 .(date) The name(s)and address(es)of the owner(s): Alyce' s Home Made Ice Cream, Inc. Adrian Ouellette S. I have filed a complete copy of oris request with the appropriate regional offipa of the Massachusetts Department of Environmental Quality Engineering on �CtOb er 16 , 1985 (date) XX Northeast Soulheast 323 New Boston Street lakew7le Hospital Wobum,MA 01801 takew9e,MA 02346 cental Westem 75 Grove Street Public Health Center Worcester,MA 61605 University of Massachusetts Amherst.MA 01003 5. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor- dance ccordance with Section 10.05(3)(b)1 of the regulations by the Conservation Commission and that I will be billed accordingly. , Signs nus' Name Samuel B. Tassel Address 1000 Paradise Road Tel 593-3600 bwaMpscottr 1.2 6/30/83 \ Vol. 12 - 222.2 l �aIt,yam • onCommission (� t Salem. Massachusetts 01970 ASS��N�y NOTICE OF DETERMINATION At a regular meeting of the Conservation Commission to be held on Thursday, October 24, 1985, the Conservation Commission will determine the applicability of the Wetlands Protection Act (M.G.L. , Chap. 131, Section 40) on the application of Popeye' s Restaurant to construct a restaurant on Canal and Hersey Streets. The meeting will be held at • 7:30 p.m. , One Salem Green, second floor conference room. Philip D. Moran • Chairman TO A.M. Date ' Time P'M' WHILE YOU WERE OUT M of Phone Area Code Number Eme.ion TELEPHONED PLEASE CALL CALLED TO SEE YOU WILL CALL AGAIN WANTS TO SEE YOU RUSH RETURNED YOUR CALL Message Operator OFA!PAPBB PBODOCTO... NO.6530 6 (�' G b� � ��,,�, ,"�L "ky n yce , s : Ice reg so ,yr r w �,_ , SALEM''= A new restaurant cafed. He said with the excep- bridge and featuring Cajun cooking will,t tion of a new sign and coat of 71.; ;Popeye Chicken:;ia p:r` soon be coming to Canal Street.- " paint, the popular ice cream pared with'.a, special.'r rr.cL, Samuel B. Tassel.of Swamps s business would continue > it is.` which gives it a spicy,ta, osk Cott, an entrepreneur who,owns Tassel, 62, said he came upon` minimizes the grease; Tassel, the Admiral Insurance ,Agency the idea of opening I.a Popeye " said. ' in Lynn, said he,.,plans.to open a r,Irestaurant'when he was assist t elch of the ousiness w " ie' local franchise'of4P.opeye's,.4,,in ,a client who was looking to ta'.��-out, although .tables SAL " Chicken,'a New,tOrleans-based open.a`'fast-food restaurant. He aL,c be set'u for t-down F, ;:. restaurant chain featuring Ca- . said the client decided not to go °tbmers 1 °.x pft • jun-styled chicken and biscuits. 'into the business but.Tassel Look " Tassej said ha e aectd L n` an interest in 'he Popeye`cham ploy up to 35 peophe, i,n a. The restaurant, the first of a number of Popeye,;outlets Tas- Afterinvestigating,buy th rhhe de- all sel hopes to open on the North F coded-to buy th north of Boston j;tm ssne r . Shore, would be, located in a rights .to the Popeye tcr:•.tory.;` S?unr•-e'said he is ravie ix< •1 new two-story{woodifame y He plans to'opec: 10 in the area,: pians ror the restaurar -; building•TasseVis planning to ? including twc in�Tynn ard�the ` awaiting `c onstrdc;adn9pians s ` one in Salem. built on a vacant'.lot'adjacent to " y sail the props ed ,tiusint s_; .d• Aly ce's. Ice C''ream., 203"Canal Popeyes presently has;:over 'permitted tinderthe:zonLi Drug. St: 500 stores nationwide, including nances, and c d ei-the 48 in New Orleans alone' and 50,a a good one., Tassel also disclosed he has ; in Florida (including -three . Ts,el'said he . Yalreaey signed a purchase and sale 3 owned by Tassel) and 47 _n Chi- : plied for licenses a-,d v*s.,,a _ii< agreement. to acquire Alycc's n Dago'"There are only two so far -,-to.begn eonstrac nlir .uot.< a and-the where rt^is'la w in. New'.Engiand ui.•Cam +'week,in time t p 'J 1 to t:�,_.Mt,e.�,.si'xan�.ib' a.n „",;4E^_ .'Sle' Wee 741h i� r —Sa_?_ Lh. 0-7rcf �s T2 Legal Notices Legal Notices NOTICE OF]DETERMINATION. At a regular meeting of the Conservation Com- mission to be held on Thursdny,October 24,19&:, the Conservation Commission will determine the applicability of the Wetlands Protection Art - (M.G.L., Chap. 131, Section 40) on the applica. tion of Popeye's Restaurant to ^o-)struct a restaurant on Canal and Hersey S.reets. T' meeting will be held at 7:30 p.m., One Salem ' Green, second floor conference room. PHTUP D. MORAN, Chairmar. October 21,-1985 ` a x Octooer 22 , 1985 To whom it may concern, If `your a home owner, please come to this mc:2t :T �nd. be �'1earCi. If this restaurant is permitted to be built , w'n2re ;,ill the IfATER go that floods these SIRE TS???? Donut =ii.ng d2(! -:ore hot top because they we-c- getting t�YD much rater. .r_ly;eIs is always Under Water. 1`�he wetlan. uca':ed }between more.;i; :,Ven'-ae and ?verse tre0t 1SeSS6: ° _ - y ^.t 1al rim ��. .. v4� �� :. ` feel that the development of stall 'anr t 11 c y au:'e ..o? problems than necessary. It new restaurant u.r. warehouse?? 1. Enter on Forest .venue anti exit on ?e^sey Stl22t. 2. Too much traffic than the residents can ahead h rd; e. � j, Storage of .food will ,cause, attraction of rodenLS and field mice. 4. Tractor trailor trucks on Forest avenua an:_I Hersey Street making deliveries. 5. They stated in the Salem News - al: s''.ifts -, ''. i 1 ;re ' a)) any peace in this area? 6. Exact location to be w'nere:' a, ) Canal Street b. ) Corner of Canal and Her:>ey S-reets We the taxpayers in the city of Sale; teel that t"_is area is congested enough without any more develorments in this area. Sincerely, Hersey Street and Forest Avenue Reside_:tr I i ka-eA, or LO-r AREA by BUILDING, ILIGI '•L i, f, LhND GOVER-CD V 1 l ✓ — OFF- S TYi. �T P RIzKtN43 - Co 5EhT5 - 171Nt !-+ C. 4 �hLCS , REQ�D. Cc Etv�ptU`( EES 3 SPk�Es x-�c,Zo i W . 5 85"- 3a' ao" E --- FPO', PAs , -- _ , TE� T -b0 KLtN i6r( F�-E /7 V LI _. OU '1• `• � n � �N� � ^i ?-�' -------- AGR-I1vC� PJ4, f 5U 2FhGE ELEvhYIQA� -- --- --- - - — — 4r.Y 1 LCYIS E cRl TIoA} \ N 1 r \ �~T L•'- —.__... �. �.��. -.._ __ ....+ e.�..._..-.... . .✓ _ ._.,.,, �.,-e. Nre e- - ;SCM 44 P N N �, I ��T p 8 I , i d 4 ✓ V p � K N 4 I ' � G5-72 SANu � �a.tiv6L ?9r FD?- AL•TVkL t567-1134. 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