70 DEARBORN STREET - CONSERVATION COMMISSION p
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the Salem
computer, use Conservation Commission
only the tab
key to move To: Applicant Property Owner(if different from applicant):
your cursor-
do not use the Francis & Maura Murphy
return key. Name Name
70 Dearborne Street
VQ Mailing Address Mailing Address
Salem Ma 0p 70 Cod
Salem State Zip Code Citylrown State Zip Code
�. 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
Proposed Plot Plan 70 Dearborn Street July 16, 2004
Title Date
Title Date
Title Date
2. Date Request Filed:
8/23/04
B. Determination
Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
26'x 39'addition to an existing single family dwelling
Project Location:
70 Dearborn Street Salem
Street Address Cityfrown
Map 36 Lot 0486
Assessors Map/Plat Number Parcel/Lot Number
wpaform2.dm•rev.7113/04 Page 1 of 5
J'
1 Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Ll
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s)is/are applicable to the proposed site and/or project relative to the
Wetlands Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been
received from the issuing authority (i.e., Conservation Commission or the Department of
Environmental Protection). ,
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced
plan(s)are confirmed as accurate. Therefore, the resource area boundaries confirmed in this
Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its
regulations regarding such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to
protection under the Act and will remove,fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent.
❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name - Ordinance or Bylaw Citation
wpafom2.dm•rev.7/13104 Page 2 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
2. The work described in the Request is within an area subject to protection under the Act, but will
not remove,fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wpafam2 doc•rev.7/13/04 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval by:
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
Name Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on Z by certified mail, return receipt requested on
9/13/OY
Date I Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the appropriate DEP Regional Office (see Attachment)and the property owner(if different from the
applicant).
Signature .
WA6
/000
9�9/o y
Dale
wpaform2.dm•rev.7/13/04 Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see Attachment)to issue a Superseding Determination of Applicability. The
request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee
and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in
310 CMR 10.03(7)within ten business days from the date of issuance of this Determination.A copy of the
request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission
and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the
objections to the Determination which is being appealed. To the extent that the Determination is based on
a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the
Department of Environmental Protection has no appellate jurisdiction.
wpaform2.d=•rev.7113104 Page 5 of 5
UNITED STATES POSTAL SERVICE First-Class Mail
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• Sender: Please print your name, address, and ZIP+4 in this box
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Salem Conservation Commission
120 Washington Street,3rd FI
Salem,MA 01970
I
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SEP 1 7 2004
DEPT.OF PLANNING&
OMMUNITY DEVELOPMENT
Salem Conservatlon Commleslon
120 Washington Street,3rd FI
Salem,MA 01970
01 Il�nnnll�i�n+nil��nni��u���nil��nll�lrluli�un�e��
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Important Reminders:
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0
CITY OF SALEM
CONSERVATION COMMISSION
City of Salem
Conservation Commission
Will hold a public hearing for a Request for a Determination of Applicability under the Wetlands
Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance
Pertaining to General Wetlands at the request of Frank Murphy, 70 Dearborn Street, Salem, MA
01970. The purpose of this hearing is for the determination of work related to the construction of a
26' x 39' addition to a single-family dwelling located in a Riverfront Area at 70 Dearborn Street.
This hearing will be held on Thursday, September 9,2004 at 6:00 p.m.in Room 313,Third Floor,
120 Washington Street.
244wo • •
•
Kevin P. Comacchio
Chairman
September 2, 2004
Please send bill to:
Francis J. Murphy
70 Dearborn Street
Salem, MA 01970
978-741-0005
120 WASHINGTON .STREET, SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM
M1�a
� �.
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands cSalem
rrroowft
Y:
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
Men filling out 1. Applicant:
forms on the
Computer, use FranCia T- and Macara A_ Murphyr
only the tab key Name E-Mail Address(if applicable)
to move your 70 Dearborn Street
cursor-do not Mailing Address
use the return Salem, Ma. 01970
key. City/Tom State Zip Code
978 741 0005 978 741 3676
VQ Phone Number Fax Number(if applicable)
2. Representative(if any):
�.e N /A
Firm
Contact Name E-Mail Address(if applicable)
Mailing Address
City/Tom State Zip Code
Phone Number Fax Number(if applicable)
B. Determinations
1. I request the Salem make the following determination(s). Check any that apply:
Conservation Commission -
❑ a. whether the area depicted on plan(s)and/or map(s)referenced below is an area subject to
jurisdiction of the Wetlands Protection Act.
❑ b. whether the boundaries of resource area(s)depicted on plan(s)and/or map(s) referenced
below are accurately delineated.
® c. whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act.
❑ d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction
of any municipal wetlands ordinance or bylaw of:
Name of Municipality
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpaforrol doc•rev.02/00. Page 1 of 4
• Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands sA>Pre
WPA Form 1- Request for Determination of Applicability cityfrown
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description
1. a. Project Location(use maps and plans to identify the location of the area subject to this request):
70 Dearborn Street Salem
Street Address City/Town
36-0486
Assessors Map/Plat Number Parcel/Lot Number
b. Area Description (use additional paper, if necessary):
Lot consist of lot 8 Plan Book 128 Plan 6 and Lot B P1an. 588 in 1966
for City of Salem. Total area of approx 3X000Sq'
c. Plan and/or Map Reference(s):
Plan 8 Plan Book 128 Plan 6
Title Date
Lot B Plan 588-1966
2. a. Work Description(use additional paper and/or provide plan(s)of work, if necessary):
Attacha 26' X 39' addition to existing structure
b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work(use additional paper, if
necessary).
wlefoimlAm•rm 02/00. Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Salem
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description (cont.)
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the
Riverfront Area, indicate the one classification below that best describes the project.
❑ Single family house on a lot recorded on or before 8/1/96
❑ Single family house on a lot recorded after 8/1196
❑ Expansion of an existing structure on a lot recorded after 8/1/96
® Project, other than a single family house or public project, where the applicant owned the lot
before 8/7/96
❑ New agriculture or aquaculture project
❑ Public project where funds were appropriated prior to 8/7/96
❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
❑ Residential subdivision; institutional, industrial, or commercial project
❑ Municipal project
❑ District, county, state, or federal government project
❑ Project required to evaluate off-site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an
application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality
Certification from the Department of Environmental Protection.
b. Provide evidence(e.g., record of date subdivision lot was recorded)supporting the classification
above(use additional paper and/or attach appropriate documents, if necessary.)
wpofom l.doc•w WOO. Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands ca lout
�. City/Tom w
"\ WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
and accompanying plans,documents, and supporting data are true and complete to the best of my
knowledge.
I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office(see Appendix A)were sent a complete copy of this Request(including all appropriate
documentation)simultaneously with the submittal of this Request to the Conservation Commission.
Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for
Determination of Applicability.
Name and address of the property owner:
Francis J and Maura A. Murphy
Name
70 Dearborn Street
Mailing Address
Salem
cityrrom
Ma 01970
state Zip Code
Signatures:
I also understand that notification of this Request will be placed in a local newspaper at my expense
aporclan ""thSectonI0gcordance with Section 10.05(3 (b)(1 of the.Wetlands Protection Act regulations.
August 23, 2004
Signature Applicant6 I Date
Signature of Representative(if any) Date
wpaformldw-rev.02M..
Page laf4 -
City of Salem Department of Planning & Community Development
Check/Cash Receipt and Tracking Form
Please comp/efe/form and make two copies.
Date Received L o
Amount Received 2S om
Form of Payment Check F-1 Cash
CHECK PAYMENTS: l Sys L
✓U
write chedc number
CASH PAYMENTS:
- write dient initials
0 Sign Permit Application Fee
Conservation Commission Fee
Payment received for Planning Board Fee
what service?
0 Oki Town Hall Rental Fee
Q Other
Name of staff person ,
receiving payment 00
Additional Notes
EASTERN BANK 15456
SINCE 1893 LYNN, MA
MURPHY FUNERAL HOME
85 FEDERAL STREET 53.179/113 8/23/2004 -
SALEM, MA 01970
PAY
TO THE CITY OF SALEM
ORDER OF $ **25'00. �
Twenty-Five and 00/100:**:F«***s***ss ks kr*rsrs«sv:s**+*tr*r r•�*ss*rr*rr «ar***r«.r DOLLARS
City of Salem
N
8
MEMO H ZED Sicca. RE
1100 l 54 5611' 1:0 i L30 0981: 60 008 588011'
Original Check and Form: DPCD Finance
Copy 1: Client I
Copy 2: Application Fib
J I
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Salem
u
1 WPA Form 1- Request for Determination of Applicability CitylTovm
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out 1- Applicant:
forms on the
computer, use - Franrig T_ And Maurer A- Murphy,
only the tab key Name E-Mail Address(if applicable)
to move your 70 Dearborn Street
cursor-do not Mailing Address
use the return Salem, Ma, 01970
key. Cltyrrom State Zip Code
978 741 0005 978 741 3676
1e Phone Number Fax Number(if applicable)
I 2. Representative(if any):
l N /A
Firm
Contact Name E-Mail Address(if applipble)
Mailing Address
Cityfrom State Zip Code
Phone Number Fax Number(if applicable)
B. Determinations
1. I request the Salem make the following determination(s). Check any that apply:
Conservation Commission
❑ a. whether the area depicted on plan(s)and/or map(s)referenced below is an area subject to
jurisdiction of the Wetlands Protection Act.
❑ b. whether the boundaries of resource area(s)depicted on plan(s)and/or map(s)referenced
below are accurately delineated.
® c.whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act.
❑ d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction
of any municipal wetlands ordinance or bylaw of.
Name of Municipality
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpato"l.00c•m.MOO. Page 1 of 4
r4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands ciiren 4
b
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description
1. a. Project Location(use maps and plans to identify the location of the area subject to this request):
70 Dearborn Street Salem
Street Address City?own
36-0486
Assessors Map/Plat Number Parcel/lot Number
b. Area Description (use additional paper, if necessary):
Lot consist of lot 8 Plan Book 128 Plan 6 and Lot B Plan 588 in 1966
for City of Salem. Total area of approx 336000Sq'
c. Plan and/or Map Reference(s):
Plan 8 PLan Book 128 Plan 6
Title Date
Lot B Plan 588-1966
2. a. Work Description(use additional paper and/or provide plan(s)of work, if necessary):
Attacha 26' X 39' addition to existing structure
b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work(use additional paper, if
necessary).
wpeforrnf.dm•rV.02/00. Page 2 of C
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
W
WPA Form 1- Request for Determination of Applicability
Tom
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description (cont.)
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the
Riverfront Area, indicate the one classification below that best describes the project.
❑ Single family house on a lot recorded on or before 8/1/96
❑ Single family house on a lot recorded after 8/1/96
❑ Expansion of an existing structure on a lot recorded after 8/1/96
® Project, other than a single family house or public project, where the applicant owned the lot
before 8/7/96
❑ New agriculture or aquaculture project
❑ Public project where funds were appropriated prior to 8/7/96
❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
❑ Residential subdivision, institutional, industrial, or commercial project
❑ Municipal project
❑ District, county, state, or federal government project
❑ Project required to evaluate off-site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an
application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality
Certification from the Department of Environmental Protection.
b. Provide evidence(e.g., record of date subdivision lot was recorded)supporting the classification
above(use additional paper and/or attach appropriate documents, if necessary.)
wFafortnt.tloc•re..O&OO. Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands $A l
City?own w
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
and accompanying plans, documents, and supporting data are true and complete to the best of my
knowledge.
I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office(see Appendix A)were sent a complete copy of this Request(including all appropriate
documentation)simultaneously with the submittal of this Request to the Conservation Commission.
Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for
Determination of Applicability.
Name and address of the property owner:
Francis J and Maura A. Murphy
Name
70 Dearborn Street
Mailing Address
Salem
city?own
Ma 01970
State Zip Code
Signatures:
I also understand that notification of this Request will be placed in a local newspaper at my expense
apordance with Section 10.05(3 (b)(1 of the.Wetlands Protection Act regulations.
M1I August 23, 2004
Signature Applicant 6 Date
Signature of Representative(if any) Date
wpafonnl da•rev.WOO.
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