40 COLUMBUS AVENUE - CONSERVATION COMMISSION Columbus Avenue v
310 CMR 10. 99 DEP File No.
(To be provided by DEP)
Form 2
City/Tan SALEM
Applicant Andrew T.yall
Ccczmonweal th
of Massachusetts Date Reopnmt Filed April 16, 1998
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
From Salem Conservation Commiccinn Issuing Authority
To Andrew Lyall
(Name of Person making request) (Name of property owner)
Address 40 Columbus Avenue Address
Salem, MA 01970
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, 440., the Commission
has considered our request for a Determination of Applicability and its sup-
porting documentation, and has made the following determincition...(check whichever
is applicable) : .. ..rL.f .!.1K'".C:•'. Y:�)`.
Location: street Address 40 Columbus Avenue
Lot Number: MAP 44 LOT 147
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/partof 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 . 11 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 Sub3ect to Protection Under the Act. Therefore,
said work requires the fi'_1ng 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 Protectiol,
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. 1E 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.
a . ❑ 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 Conservation Commission.
Signature
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This Determination must be signed by a majority of the Conservation Commission.
On this .23rd day of April 19 qR , before me
personally appeared the above mentioned to me known to be the
person described in, and who executed, the foregoing instrument, and
acknowledgeMi ecuted the same as his/her `nee act and deed.
STEPHEN DIBBLE
NotaryPublic
My Commission Expires Nov.12,2004
NorryJPublic My Commission Expires
This Determination does not relieve the applicant from complying 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 land upon
which the proposed work is to be done, or any ten residents of the city or town in which such Land is located,
are hereby notified of their right to request the Department of Environmental 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
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Stick postage stamps to article to cover First-Class postage,certified mail fee,and
charges for any selected optional services(See/mni).
1. If you ward this receipt postmarked,stick the gummed stub to the right of the return
address leaving the receipt attached, and present the article at a post office service ^y
window or hand it to your rural cattier(no extra Marge). In
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the
return address of the article,date,detach,and retain the receipt,and mail the article.
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3. N you want a return receipt,write the certified mail number and your name and address M
on a return receipt card,Form 3811,and attach 4 to the from of the article by means of the
gummed ends if space permits. Otherwise,affix to back of article. Endorse front of article .a
RETURN RECEIPT REQUESTED adjacent to the number. Q
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. GO
5. Enter fees for the services requested in the appropriate spaces on the front of this E
receipt. If return receipt is requested,check the applicable blocks in item 1 of Form 3811. ti
6. Save this receipt and present it it you make an inquiry. 102595-91-8-0145 a
310 CMR 10. 99 DEP Pile No.
(Ib be provided by DEN
Pozen 1 S^'�„ --
City/Town .( (,/�j/fy\ �q
ApPlicaat ��`c.`V v t- 1 yA "v"
Comm=Weal th
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 J
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 .4I6 (fei-aym8u5 AJE .
Lot Number: MAP 5q LQT ! 7 _
3 . The work in said area is described below. (Use additional paper, if
necessary, to describe the proposed work. )
S a I c 7r, : Dept.
Effective 11/10/89
4 . The owners) of the area, if not the person making this request, has been
given writtennotificationof this request on (date)
The name (s) and address (es) of the owner(s)':-
5. I have filed a complete copy of this request with the appropriate regional
office of the Massachusetts Department of Environmental Protection
(date)
DEP Northeast Regional Office . -- - DEP Southeast Regional Office
10 Commerce Way 20 .Riverside Drive
Woburn, MA 01801 Route 105
Lakeville, MA 02347
DEP Central Regional Office - DEP Western Regional Office.
75 Grove Street State Nouse 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 Commission and that I will be billed
accordingly.
Signatur 0 Name ANOR�[ L
Address 'ya Cac.uMl3[!s �IIfE. Tel.
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certify that the structure",.:"'is.' located as shown, did: ; conform IWo F7mo
to the Zoning aeof " .SAIFN at the time of construction and 4zrzv //.O
and Isis not in a designated Flood Hazard Zone (Comm. No. 25o/o2p )5/w-' -2
Ref: Deed Bk. (,/ Page 476, Plan BV oo/ , At. 03o
HorE-nu.Pt.n Is to MORTGAGE.na zoriwc pourp.s and ao..NOT.REpRESENT. suRver. File No. 4OZ-4Co
PLOT PLAN OF LAND IN
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Salem. Nlassachusctls 01970
�1(MASSAC�`�
City of Salem
Conservation Commission
Will hold a public hearing for a Determination of Applicability under the Wetlands Protection
Act, Massachusetts General Laws, Chapter 131, Section 40, at the request of Andrew Lyall.
The purpose of the hearing is to discuss the proposed construction of a deck and 14'x14' addition,
and loaming of rear yard within bufferzone at 40 Columbus Ave. This hearing will be held on
Thursday, April 23, 1998 at 7:00 p.m. in the second floor conference room at One Salem
Green.
Mark George
Chairman
April 15, 1998
Please send bill to:
Andrew Lyall
40 Columbus Ave
Salem, MA 01970
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I certlf that the structure' Is:' located as shown, did _ conform Nuo Flo ,
to the Zoning ozoivan.-Fofthe time of construction and 6Zev /A0
and Is :: not In a designated Flood Hazard Zone (Comm. No =25o A )3/,v_r-r 2
Ref: Deed Bk: 9We, Page 4.7d, - Plan Amooi� tee, v3o
NOTE-Th%plan b NWG for MORTGAGE and zopourpaa and d s NOT.REPRESENT a
PLOT PLAN OF LAND IN SURVEY. File NO. QOZ-QCo
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