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283 REAR DERBY STREET - CONSERVATION COMMISSION x-83 a ��Z-� ��- �o e� �� — — \ .__ RDA Status Sheet Address: Application Type: Date Submitted: ( �/6T- Contact Name: C-k,S 0-,, Phone: I?dam Proposed activity: "L.- C.D� -Application Complete Correct Fee Received KLegal Notice Sent 'Confirmed Online Added to Agenda ,�4-Agenda to Applicant ,-Agent Comments to Commission Hearing Opened: A/16 Continued: /Site Visif'---� on irmed hermit Sent to Applicant and DEP ❑ Confirmation of Delivery ` ,)�Added to database Notes: HACON COMMIAdministmtivclproject status sheet\Copy of RDA status sheet 2013 2013-07-15.doc FN CITY OF SALEM CONSERVATION COMMISSION January 15,2016 Chris Lohring ' Notch Tap Room, LLC 13 Carlton St. Salem, MA 01970 Re: Determination of Applicability for 283R Derby Street Dear Mr. Lohring: Enclosed,please find the Determination of Applicability for the above-referenced project. This Determination permits you to begin construction following a 10-business-day appeal period and is effective for three years following the date of issuance. If you have any further questions,please feel free to contact me at 978-619-5685. Sincerely, T rn vine Conservation Agent Enclosures CC: DEP Northeast Regional Office t 1 3 LlMassachusetts 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 your cursor- To: Applicant Property Owner(if different from applicant): do not use the Notch Tap Room LLC return key. Name Name 19 Carlton St,____ "^ Mailing Address Mailing Address _Salem MA 01970 City(rown State Zip Code City/Town Slate Zip Code I rewn f 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Supplement to WPA Form 1...(3 pages) __ 1/4/2015 _ Title Date = Title Date If __ t Title Date 4 2. Date Request Filed: 1 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): Outdoor caf6/biergarten as described in 1/4/2016 Request for Determination of Applicability Project Location: 283R Derby St. _ Salem Street Address City/Town 34 _ _ 439 _ Assessors Map/Plat-Number Paroel/Lot Number wpefonn2.tlac•Determination of Applicability•rev.12114 Page 1 or 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.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: 1 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)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). E ❑ 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. E ❑ 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 E 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 or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality _ E Pursuant to the following municipal wetland ordinance or bylaw: j Name Ordinance or Bylaw Citation t wpelorm dam-Oetermineliw of ApplimUlit •rev.17/14 Page 2&5 ££ fi r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Lill 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. f �<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. E ❑ 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). F 1 ❑ 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. %pdorm2Aoc-Delerminagon of Applicebilily•rev.12/14 Page 3 of 5 Massachusetts Department of Environmental Protection Ll ureau 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) Q, The area and/or work described in the Request is not subject to review and approval by: Name Illloff.Munite. ipality� 11 'PI 'ur`sufant(1to a municipal we [an s ordinance or bylaw. Whtn,.e}S PfDaa�(�n ( for aG/Gn (fir onC-R— _ ,) Name Ordinance or Bylaw Citation t i { C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on /�by certified/mail, return receipt requested on Date r 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 http://www.mass.aovleea/a en ies/ma ode /about/contacts/ and the property owner(if different from the applicant). Signatures: !�/i� Oa "alorm29oc•natar i.Uon of ApplicabBpy•rev.12/14 Page 4 of 1 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 http://www.mass.gov/eea/agencies/massdep/about/contacts/) 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. i i I i wpaform2.doc•Determimbw G Appki Wkly•rev.12/14 Page 5 of 5 tl Bu71Massachusetts Department of Environmental Protection reau of Resource Protection -Wetlands DEP File Number: Request for Departmental Action Fee l� - ___ Transmittal Form Providetl by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a.Street Address TO Zip c.Check number _ d.Fee amount Important: When filling Z Person or party making request(if appropriate, name the citizengroup's representative): out forms on the computer, Name use only the tab key to Mailing Address -" move your cursor-do City/Town State Zip Code not use the return key. Phone Number Fax Number(if applicable) I t 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 46), Order of Conditions(Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance(Form 6)): Name —` i Mailing Address ------ Cityrrown �— State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions f 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability—Fee: $120 ❑ Superseding Order of Resource Area Delineation—Fee: $120 Send this form and check or money order,payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpelorm2Atl •Request for Departmental Action Fee Tranamiltel Form"rev.12114 page1 a12 f Massachusetts Department of Environmental Protection - Bureau of Resource Protection -Wetlands DEP File Number: Request for Departmental Action Fee _ Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see htto://www.mass.gov/eea/agencies/massdel)/about/contacts/). i 4. 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. t 1 1 G t (i f € i i f E t i t Waform2.doc•Request for Dwanmenfol Action Fee Trensminal Form•rev.12/19 Page of 2 I. City of Salem Department of Planning & Community Development 1 CHECK RECEIPT AND TRACKING FORM DATE) 4 / le 4 BOARD STAFF CLIENT: V v 1:-X 10- Y� f \ PROPERTY ADDRESS: CONTACT NUMBER: PURPOSEFOR APPLICATION: CHECK # S V AMOUNT RECEIVED: �W M`Wrl YELL`" Q d1"0, Ml rtM au ".a d1Vl aW uul,. r li ' Yw7W IAM" + u v1 rm wr !N M W fiWNI Mu ' 1 I r w ,< LL w„�rMrl, g 9 .14 .'.w 6 r�7 3 5 9: tl 4 ' y WN ,'�u rd+yn y u}µc r 'S�P,,,�A' MVI i 4 t ^V'F AR, 4. ?a ro M N r b g VVj +✓,>Ax �i ..,, r ,ry YIyI 5 N W'�;,'W q 1 W41 W...I.Street A d r r ' p @Ili r u l 4 1 rro'"SM'M� 4d r w2C[9i ...... 209 Essex Street r ti :p� �W� zz Salem MA 01970 sT SALEM MA 01970 978 744 7379. 53 7056`4i 13 r r y,1n y0 ry� v u r t,F^W J 'NV 4� " IC V��J �'V' ��� €�'A I wenty FT7we an l no/100 x/ r DA;YE AMOUNT Y " V i 1 do M `�I"WrlG idr °r� IX � m z 01/05/16 > 5359 $2500, ' PAY u!5 N,rp I� 1 MIN4rWUM I"" �' ti I o F ry r > ' Td YWBh AM1i�TY�.��V��'eM *�IYrtl r � r� 1n 1IV r " di?. R r OF DEp �PO�BgX�4125 s - ,.,- '. a W4' 4m I' E I , WOBURN M pAL' N��p�qq ir v h + f AOMVMm 1WY1 =.T Fr ti�VM1 14�LL� �'Ntl IIyVNV \ '^%Ha Y""1�iiV �'"� 14 Q; 'I� ,i9t s as *t AIJM1IORIZED SIGNATURE c .n.# + .. � . u'0-05'359,1' 1: 2113705581: 009000598411' ° CITY OF SALEM CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability for Notch Tap Room LLC, 19 Carlton St, Salem MA. Purpose of hearing is to discuss proposed outdoor cafe/biergarten at 283R Derby St within an area subject to protection under the Wetlands Protection Act MGL cl31§40 and Salem Wetlands Protection& Conservation Ordinance. Hearing will be Thurs. 1/14/16 at 6:30pm in City Hall Annex 3rd floor conference room, 120 Washington St. Salem News publication date: January 7, 2016 Deposit included from: Mark Meche, AIA I Senior Principal Winter Street Architects 209 Essex Street I Suite 300 1 Salem, MA 101970 T 978.744.7379 1 Direct 978.219.7520 1 C 978.815.7360 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem City/Town WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the Notch Tap Room LLC chris@notch brewing.com computer, use Name E-Mail Address only the tab key to move your 19 Carlton St cursor-do not Mailing Address use the return Salem MA 01970 key. City/Town State Zip Code 978-853-9138 m Phone Number Fax Number(if applicable) 2. Representative (if any): Firm Contact Name E-Mail Address Mailing Address Cityrrown 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). wpaforml.doc Page 1 of Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem City/Town WPA Form 1 - Request for Determination of Applicability ILI 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): 283R Derby St. Salem Street Address City/Town 34-0439 34-0439-0 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The project site is located in Salem's 135 Central Development district and is subject to SRA review. The parcel is bounded by Derby Street to the north, adjacent parcels east and west and by the South River at southern end of the site. The parcel is 19,248 square feet and is occupied by a single story commercial building of 12,494 square feet. The site is predominately impervious and the portion of the site not covered by building is extensively paved with bituminous concrete. Parking and access are shared with the adjacent parcels, primarily 281 Derby. An existing bulkhead establishes the site boundary adjacent to the South River. MADEP identifies the contiguous portion of the South River as Open Water. c. Plan and/or Map Reference(s): Supplement to WPA Form 1 attached 01/06/2016 _ Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): Please Note: the site work described herein is intended to create an outdoor Biergarten attached to the Notch Tap Room. The Notch project has received SRA approval for the building renovation project but has not completed the Outdoor CaO Permit process. The Biergarten (+/-1,850 sf)will be a controlled access outdoor area enclosed by the building to the north, the existing South River bulkhead to the South and by new a wood fence to the east and west. Within the perimeter, the existing bituminous concrete will be removed and replaced with compacted crushed stone and gravel over a permeable fabric layer. A new guard rail will be attached to the existing bulkhead for safety. w aforml.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem � WPA Form 1 - Request for Determination of Applicability Citylrown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) 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). The actual work is minor and or subject to: 10.0.2 Activities with the Buffer Zone, 2 b. Fencing. 3. Activities... subject to preconstruction review. 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.) wpafonal.doc Page 3 of 4 Massachusetts Department of Environmental Protection ILIBureau of Resource Protection - Wetlands Salem WPA Form 1 - Request for Determination of Applicability City/Town 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 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: South Harbor Holdings LLC Name PO Box 829 Mailing Address Salem City/Town MA 01970 State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance with tion 10.05(3)(b)(1)of the Wetlands Protection Act regulations. l 01/04/2015 Signa ure of Applica Date Signature of Representative(if any) Date wpaforml doe Page 4 of 4 WINTER STREET ARCHITECTS Supplement Determination of Applicability APPLICANT: Notch Tap Room LLC PROJECT LoCATION 283R Derby St.,Salem,MA PARCEL/LoT NUMBER: 34-0439-0 DATE: and/orI.c. Plan Image below taken from IA outh Hor 245 BYr ST l Brothev e e • 4 a �. dtl ,gz_, .,. <a �� � �`�:�` n.Y•_, +•�"�. t Uzi - Notch i Room and Brewery77 Outdoor CA-Blergarten 209 Essex Street Suite to �+ A t • s 300 WINTER STREET ARCHITECTS .s 1 I I 1 Tap Room Interior ------------------ 1 Limited Planting Areas 1 Biel'Sarten _ Crushed Stone and Gravel New Fence I I I isting Bulkhead 1 "1 1 1 ....`.tea. 1 South River Limits of Work Notch Tap Room WPA-1 Supplement 2 #. •• rLr.A-1 � �.�.� 4`�'� •� r� � �-�'_ ' MAiRR1NDL11pX 8L "f^S ryry�� - �' Jr ................ F 1X` I �eNrW � 'r7- t 4 1 r a 0 0 0 0 "a I a 1 N -- Tap Room PROPERTY LINE 0 ------------- - --------------- ---- - ----- NEW _ NEW WOOD FENCE f Tap Room ' EXISTING PARKING J SAWCUT EDGE OF EXISTING PAVING AREA OF EXISTING - PERVIOUSSURFACE Biergarten 71 11 �- � . .� 'i -I, 1= 'PERMEABLE PATIO. t , •__ - - - APPROX.EDGE OF EXISTING PAVING RIVER NEW GUARD RAIL - SOUTH R IVER TO MATCH EXISTING ADJACENT EXISTING BULKHEAD 1 ARCH. SITE PLAN - BIERGARTEN sI<oot 1" = 10' 0" Note: Drawing scale may change when copied or faxed NOTCH BREWING WINTER STREET ARCHITECTS, INC. 01/14/16 283 REAR DERBY STREET SALEM MA 4102.0000 SK 001 BUILDING FACADE OR WALL . 2-IN DEPTH BEDDING COURSE TYP. NO. 8 (3/8") RECLAIMED 8"X8X4.... COBBLE SOLDIER COURSE WITH I" REVEAL (FLUSH TRANSITION AT PATIO EGRESS) ASPHALT PARKING LOT 4-6" DEPTH BASE COURSE NO. 57 (3/4") OPEN-GRADED STONE 6-8" DEPTH SUB-BASE 1 1/2" OPEN-GRADED NO. 2 STONE M I1 I h1 1=1 1IF H H GEOTEXTILE/SOIL SEPARATOR —III III - —III- -III—III— III= =� OPTIONAL AT BOTTOM OF BASE, REQUIRED AT SIDES SOIL SUBGRADE 1 PERMEABLE PAVER NOTCH BREWING PERMEABLE PATIO DETAIL OhioUlrich Bachand Landscape Architecture, LLC 2016.01.12 156 Cabot Street Unit 2A Beverly, MA 01915 SKLI