6 CHAMPLAIN ROAD - CONSERVATION COMMISSION 6 Champlain Rd.:.REQ for DET. C
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City of Salem
Conservation Commission
Request for Determination of Applicability
The Salem Conservation Commission will hear a Request for Determination of Applicability
under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40, at the
request of John DeCoff. The proposed work, located at 6 Champlain Road, consists of the
determination of wetland delineation at this time preliminary to final design of a roadway and
utilities. The request will be heard on Thursday, June 13, 1996 at 7:00 p.m. in the second floor
conference room at One Salem Green.
Fre ev
Chairman
June 6, 1996
jm\bd\concnomt
r"ONConservatif0.(
(�i
Z
mCommissim
Salem. Massachusetts 01970 1
City of Salem
Conservation Commission
Request for Determination of Applicability
The Salem Conservation Commission will hear a Request for Determination of Applicability
under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40, at the
request of John DeCoff. The proposed work, located at 6 Champlain Road, consists of the
determination of wetland delineation at this time preliminary to final design of a roadway and
utilities. The request will be heard on Thursday, June 13, 1996 at 7:00 p.m. in the second floor
conference room at One Salem Green.
Fred Hamey
Chairman
June 6, 1996
jm\bd\concnomt
`1UN I'p,I eJ .
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zConservatim Commissim
Salem. Massachusetts 01970
Ass!.�``�~ DUH y 8 27 iii; "c-
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uASS
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City of Salem
Conservation Commission
Request for Determination of Applicability
The Salem Conservation Commission will hear a Request for Determination of Applicability
under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40, at the
request of John DeCoff. The proposed work, located at 6 Champlain Road, consists of the
determination of wetland delineation at this time preliminary to final design of a roadway and
utilities. The request will be heard on Thursday, June 13, 1996 at 7:00 p.m. in the second floor
conference room at One Salem Green.
Fre ey
Chairman
June 6, 1996
jm\bd\concnomt
� L
Salem. Massachusetts 01970 .IttH q
IASSD�� 8 27
CITY pF SAt.I'H. MASS
CI1 RK'S OFFICE
City of Salem
Conservation Commission
Request for Determination of Applicability
The Salem Conservation Commission will hear a Request for Determination of Applicability
under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40, at the
request of John DeCoff. The proposed work, located at 6 Champlain Road, consists of the
determination of wetland delineation at this time preliminary to final design of a roadway and
utilities. The request will be heard on Thursday, June 13, 1996 at 7:00 p.m. in the second floor
conference room at One Salem Green.
Chairman
June 6, 1996
jm\bd\concnomt
UNITED STATES POSTAL SERVICE
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> PS Form 3811, December 1991 *U.S.GPO:1e93-352-714 DOMESTIC RETURN RECEIPT
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P 070 324 940
RECEIPT FOR CERTIFIED MAIL
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(no extra charge)
2. If you do not want this receipt postmarked,stick the gummed stub to the"right of the return address of
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3. If you want a return receipt,write the certified mail number and your name and address on a return
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4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse
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5. Fluor fees for the services requested in the appropriate spaces on the front of this receipt. It return
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310 CMR 10.99 DPP P'de No.
Cro be provided by DEP)
Form 2
Salem
�Jo n DeCoff & E. SilvEstein
Commonwealth Dam RequM POW 5/30/96
of Massachusetts
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
Salem Conser issuing Authcrity4fS:r
From —____J5`Rn F. DeCoff & Elliot Silverstein/,'
To John R. Keilty Rebekeh Taube 70 Unland'Rrl - R,n013 e, MA
(Name of Person making request) (Name of property owner) 021�g
Address 40 Lowell St Peah,a, Mo Address/o John DeCoff. P.O. Box 54_ 'wanham, MA
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
® by certified mail, return receipt requested on July 2, 1996 (date)
Pursuant to the authority of G.L. c.131, S40, the Salem Conservation Co_mmicgion-
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 6 Champlain Road c i TXA
Lot Number: Assessors Map 23 Lot 24
i
This Determination is positive-
1. 3
ositive.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
i
3. ❑ The work described below, which includes all/part of the work described
in your request, is within the Suffer 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 :,n 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
alter that area.
Therefore, Act but
nremove, fill,
d work doesnotrequire the 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.
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 Salem Conservation Commission
signature(s'Fl
T Determination must be signed by a majority of the Conseryation Commission.
TVs
on this Second day of July 19 96 , 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.
otary Public my commission Expires
This Determination does not relieve the applicant from coaplying with all other applicable federal, state or
local statutes, ordinances, by-laws or regulations. This Determination shall be valid for three years from the
date of issuance.
The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the leaf upon
Witch the proposed work is to be done, or any ten residents of the city or town in which such land ie' Loeated,
are hereby notified of their right to request the Department of Environmental Protection to issue a superseding
Determination of Applicability, providing the request is made by certified mail or hard 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 shell at the same time be sent by
certified mail or hand delivery to the Conservation Commission and the applicant.
2-2A
AL
3. ❑ The work described below, which includes all/part of the work described
in your request, in within the Buffer Zone as defined inthe 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 Actbut will ot remove,
alter that area.
Therefore, saidnle
work doesrequire quire thefiling r
of allotice of intent.
3. ❑ The work described in your request is within the Buffer zone, an defined
tin the he Act. g
lations, bsa d work does ut will not sr an Area not requireuthecfiling ofect to eatunder
eOf
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, asspecified 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
This Superseding Determination does not relieve the applicant from canplying with all other applicable federal,
state or local statutes, ordinances, bylaws or regulations. This Superseding Determination shall be valid for
three years from the date of issuance.
The applicant, the owner, any person aggrieved by the any
ton pens Determination, G.L.owner of land abutting the
Joel upon which the proposed work is to be done, or any ten persons pursuant to G. c. 30A, ding, are surest
notified of their right to request an adjudicatory hearing pursuant to G.L. e. 30A, 410, providing the raglwat
is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee
Transmittal Form as provided in 310 CNR 10.03(7) within ten days from the date of issuance of this superseding
and is addressed to: Docket clerk, office of General Counsel, Department of Environments(
Determination, 02108. A copy of the request shall at the same time be sent by
Protection, One Winter Street, Boston, NA
ervetion commission, the applicant, and arty other party.
certified mail or herd delivery to the cons
A Notice of Claim for an Adjudicatory Mitering shall Comply with the Department's Rules for Adjudicatory
Proceedings, 310 CNR 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 neem, address and telephone number of the party filing the request, and , if represented by—
couaael, the name and address of the attorney;
(c) the names and addresses of all other parties, if known;
are(d) a clear and concise statement of (1) the facts whnehfieally grounds mannerfors in which it proceeding, the
alleged«to, be
to this Superseding Determination, including apse
inconsistent with the Department's We Regulations, (310 CMR 10.00) and (3) the relief sought through
the adjudicatory hearing, including specifically the changes desired in the Superscdirg Determination;
(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 Failure to submit all necessary may result in a dismissal by the Department of the Notice of Claim for an
Adjudicatory Nearing.
2-2B
.g
310 CMR 10.9 9 DEP File Nm
Form 1 (To be provided by DEP)
Gty/ro Salem
Appfinst
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 City of Salem
Conservation commission make a determination as to whether the area,
described below, or work to be performed on said area, also described below,
is subject to the jurisdiction of the wetlands Protection Act, G.L. c. 131,
§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. )
Location: Street Address 6 Champlain Road, Salem, MA
Lot Number: Assessors Map 23 Lot 24.
3. The work in said area is described below. (Use additional paper, if
necessary, to describe the proposed work. )
Construction of roadway and utilities will be eventually proposed,
however, applicant seeks determination of wetlanddelineation at this
time preliminary to final design.
1-1
Effective 11/10/89
i2 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 5-17-96 (date)
The name(s) and address(es) of the owner(s):
John F. DeCoff and Elliot Silverstein
Co-Executors and Rebekeh Taube
c/o John DeCoff, P.O. Box 54, Wenham, MA
Rebekeh Taube, 70 Upland Rd. , Brookline, MA 02146
5. I have filed a complete copy of this request with the appropriate regional office of
Massachusetts Department of Environmental Protection 5-20-96 (date)
DEP Northeast Regional Office DEP Southeast Regional Office
10 Commerce Way Lakeville Hospital
Woburn, MA 01801 Route 105
Lakeville, MA 02347
DEP Central Regional Office DEP Western Regional Office
75 Grove Street State House West, 4th Floor
Worcester, MA 01605 436 Dwight Street
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 10.5(3)(b)l of the regulations by the Conservation
Commission and that I will be billed accordingly.
Si a Name JohnR. Keilty
Addr s 40 Lowell 5 reet, Peabody, MA Tel. 508-531-7900
4/1/94 310 CMR - 400
A��310 10.9 9 DEP File No.
FOIID 1 (To be pmvlded by DEP) _
atyJrmnL Salem
commonwealth Apphmt a
of Massachusetts
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
1. 2, the undersigned, hereby request that the City of Salem
conservation commission make a determination as to whether the area,
described below, or work to be performed on said area, also described below,
is subject to the jurisdiction of the wetlands protection Act, G.L. C. 131,
§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.)
Location: Street Address 6 Champlain Road, Salem, MA .
Lot Number: Assessors Map 23 Lot 24.
l
t
i
3. The work in said area is described below. (Use additional paper, if
necessary, to describe the proposed work. )
Construction of roadway and utilities will be eventually proposed,
however, applicant seeks determination of wetlanddelineation at this
time preliminary to final design.
1-1
Effective 11/10/69
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 5-17-96 (date)
The name(s) and address(es) of the owner(s):
John F. DeCoff and Elliot Silverstein
Co-Executors and Rebekeh Taube
c/o John DeCoff, P.O. Box 54, Wenham, MA
Rebekeh Taube, 70 Upland Rd. , Brookline, MA 02146
5. I have filed a complete copy of this request with the appropriate regional office of
Massachusetts Department of Environmental Protection 5-20-96 (date)
DEP Northeast Regional Office DEP Southeast Regional Office
10 Commerce Way Lakeville Hospital
Wobum; 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
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 10.5(3)(b)1 of the regulations by the Conservation
Comtnission and that I will be billed accordingly.
Si a Name JohnR. Keilty
Addr s 40 Lowell S reet, Peabody, MA Tel. 508-531-7900
4/1/94 310 CMR - 400
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PREPARED BY
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GENERAL N07ES CHRISTOPHER R. MELLO, PLS
1) ' THIS PLAN IS THE RESULT OF AN ON THE GROUND FIELD o M s 104 LOWELL ST. PEABO
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SOMMER ENVIRONMENTAL TECHNOLOGIES, INC. 65 NEW SALEM ST. I =;°�
WAKEFIELD, MASS NANCY SINGLETON
3) THIS PLAN IS BASED ON 77-IE REFERENCED PLANS, DEEDS
AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE PHOTO REPRODU,.TION OF THE ABOVE SEAL IS
NO CERTIFICATION IS .INTFNDED AS TO PROPERTY 77TLE INDICATIVE of UrlAUTHORIZED REPRODUCTION
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED of THIS PLAN AND IS TO BE CONSIDERED A 0 20 40 80 120 160
EASEMENTS COPYRIGHT INFRIIJGEMENT AND/OR FRAUD.
ENFORCEMENT AUTHORITY SHALL NOT ACCEPT
PHOTO REPRODUCTION FOR ANY PURPOSE.
F 10594
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PREPARED BY
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GENERAL NOTES CHRISTOPHER R. MELLO., PLS
I104 LOWELL ST. PEABODY, MA. 01960
Sof MA s•
1) THIS PLAN IS THE RESULT OF AN ON THE GROUND FIELD =/cHRiswPHER°�� (508) 531 -8121
SURVEY AND PUBLIC AND PRIVATE PLANS ( �R.. ' ! ►� ,
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2) WETLAND RESOURCE AREA BOUNDARY DETERMINATION BYrBSTE��o� PREPARED FOR
SOMMER ENVIRONMENTAL TECHNOLOGIES, INC. 65 NEW SALEM ST. ��-iJ s%3 �
WAKEFIELD, MASS. NANCY Sl N G L E T O N
3) THIS PLAN IS BASED ON THE REFERENCED PLANS, DEEDS '
!i AND THE RESULTS OF A FIELD SURVEY AS OF THIS DATE PHOTO REPRODUCTION OF THE ABOVE SEAL IS
NO CER77FICA77ON IS INTENDED AS TO PROPERTY TITLE INDICATIVE OF UNAUTHORIZED REPRODUCTION its
OR AS TO THE EXISTENCE OF UNWRITTEN OR UNRECORDED OF THIS PLAN AND IS TO BE CONSIDERED A 0 20 40 80 120 160
COPYRIGHT INFRINGEMENT AND/OR FRAUD.
EASEMENTS.
ENFORCEMENT AUTHORITY SHALL NOT ACCEPT _
PHOTO REPRODUCTION FOR ANY PURPOSE.
F 10594