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21 FAIRVIEW ROAD - CONSERVATION COMMISSION ��� �� �i�v�2 w co�'rt, v CITY OF SALEM i CONSERVATION COMMISSION �MM6 July 15, 2009 Mrs. Kathleen Harrington 21 Fairview Road Salem, Massachusetts 01970 Re: Determination of Applicability 21 Fairview Road Salem,Massachusetts Dear Mrs. Harrington: Enclosed, please find the Determination of Applicability for the above referenced project. Since this permit is for work that has already been completed this can be filed with your records. There is a 10-day appeal period (ends as of July 29, 2009), but comments and concerns are not anticipated since this project is minor and has been completed for a few weeks. This Determination is good for three years from the date of issuance, July 15, 2009, except in Areas Subject Protection as stated in the Wetlands Protection Act under MGL c. 131, Section 40. However, the work described in this Determination has already been completed. Any additional work completed within the buffer zone will need to be filed with the Conservation Commission. Some activities are exempt from the Wetlands Protection Act, but it is best to review the regulations and/or confirm with the Conservation Commission which activities fall into this category, prior to completing any work. Thank you for your attention to the Commission's concerns and for diligently filing a permit with the Conservation Commission and attending the meeting on July 9, 2009. If you have any further questions about this filing or future work on your property, please feel free to contact me 978-619-5685. Sinc ely, Carey queer Conservation Agent/Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 5"' 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 Kathleen Harrington return key. Name Name 21 Fairview Road Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State ip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: RDA 7/6/09 Title Date Title Date Title Date 2. Date Request Filed: July 6 2009 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): Removal of a propane tank near swimming pool Project Location: 21 Fairview Road Salem Street Address Cityrrown Map 32 Lot 362 Assessors Map/Plat Number Parcel/Lot Number wpaforniMoc•Detemunaton of Applicability•rev.10/6104 Page 1 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.) 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)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). ❑ 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 or AN RAD 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 Pursuant to the following municipal wetland ordinance or bylaw: Name . Ordinance or Bylaw Citation wpaform2 doc•Determination of Applicability•rev.10/6/W 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 Acta wpaform2.doc•Detem nation of Applloabilily•rev.1016104 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 by certified mail, return receipt requested on 'SSU 15 zoo Date 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 http://www.mass.gov/deo/about/region.findvour.htm)and the property owner(if different from the applicant). Signatures: 7 iSA4 1 ZW I Date wpafoe,n2.doc•Oetermnabon of Applicability•rev.10/6104 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability 1 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/dep/about/region.findvour.htm)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. wpaforoQ,doc-Deterroinabon of Applicability•rev.1016/04 Page 5 of 5 UNITED STATES PT . Cr2> >: .:4- i4'i. ;K:.,„�"�� I s 17 JUL. :NKYQ— j • Sender: Please print your name, address n day this box cp. ' I rft C" ".. �G09 Salem Conservation fitpr tSpign I 120 Washington Street,3 dfF wwn, Salem,ARA 01970 I T I .. Y SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Mao complete si item 4 if Restricted Delivery Is desired. 0 Agent ■ Print your name and address on the reverse X ❑Addr. so that we can return the card to you. B. R Ned (Pd dName)200 . Date of Delivery ■ Attach this card to the back of the mailpiece ry1 �C or on the front if space permits. 1 V 1. Article Addressed to: e Is del' ddress different from Rem 17 ❑Yes R YES,enter delivery address below: 11 No The Commonwealth of Massachusetts Department of Environmental Protection Northeast Regional Office 205B Lowell,Street 3. Service Type Wilm ngton,'MA 01887 P Certified Mail ❑Express Mail ❑Registered O.Return Recelpt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7008 1140 00'0'41 '0940 0659 (Transfer from sere/ce label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1 540 •..t'UNITED-STATES P(?W-)btUy�€itC:..�'i._ wi`,:'s ' .:R; - ei Iw. a • Sender: Please print your name, address, and ZIP+4 in this box cwy�.. 12,o 4 .4 . ECD FFNIED MA 0i9b JUL u 6 ZUU9 sir,. �.r r- r,.i%ZG Cr0V,MiUGI1-? ,,'DMEL0PIAE SENDER: DELIVERY ■ Complete Items 1,2,and 3.Also complete A. Mu Item 4 if Restdoted and is desired. '� 0 Agent ■ Print your name and address on the reverse X 0 Addressee so that we can return the card to you. B. R ved�( 1 � of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. . Is delivery address different from Item 1? 0 Yes 1. Article Addressed to: / �^IA If YES�ter delivery address below: ❑No 205 (Awe 3. Service Type Certified Mail 0 Fxpr'ass Mall l`A8� hV O Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number li i `� 7008 1140 00:04i'0940 0598 (Itansfer from service labeo Ps Form 3811,February 2004 Domestic Return Receipty 102595-02-M-1540 UNITED STATES P051At SERVICE 1 Eir3f C72ss Me i F � : i i ` �i_ *• _. (�PJ.o�e-8�ee5"Paip I • Sender: Please print your name, address, and ZIP+4 in this box II Salem Conservation Commission 120 Washington Street,3rd A Salem,MA 01970 i 9?U35e3 i ill111i[dill 1,161111611 11111 lilt 6i111111161611111It11 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Si nature item 4 if Restricted Delivery is desired. �❑Agent ■ Print your name and address on the reverse X M. yg addressee so that we can return the card to you. B. Received by(Pointed Name) C. Datg ofDe)ivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. A\ E!J CT D. Is delivery address different from Item 11 0 Yes 1. Article Addressed to: III If YES,enter delivery address below: �lo Mrs. t Vriy t) 2� -GLtN\�o Q'O�1,/� S AAA Q�l 3. Service Type K Certified Mall 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number ?0118: ,1140 0004 0940 0666 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540! Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands � WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Ap Ii I. forms on the computer, use Name E-Mail Address only the tab key to move your �Q1�yi f—W o0 cursor 0 L ret ccJ- not Mailing Address use the return 0�LU2J-VhI V TV key. City/Town State Zip Code Phone Number Fax Number(if applicable) 2. Representative (if any): Firm Contact Name E-Mail Address Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) B. Determinations 1. I request the 5� 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. Int 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). wpaformi.doc-rev.07/14/04. Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands � WPA Form 1 - Request for Determination of Applicability City/Town 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): Zi -.Yvitu) 'Ue.m Street Address City/Town _ Lo} 3192 Assess rs Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): W.'M al a� �oc� 1,�i1 htV- 100 ' o c. Plan and/or Map Reference(s): 5eL "Ot� (og . artA. 01-kd Dk Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): PVvtauLl\ 1�Yb1� ttiA -le ol� YIQQ.Y' 51.ui hnAk(N Q wpaformt.doc•rev.07/14/04. Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) 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). 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.) wpaforml doc•rev.07/14M. Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 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 (see Attachment)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: "46M K. 1 I� rn rta�uv` Name Mailing Address City/Town /n� h„ q RA V� l 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 Section 10.05(3)(b)(1)of the Wetlands Protection Act regulations. Signatu of Applicant Date Signature of Representative(if any) Date wpaforml.doc•rev.07/14/04. Page 4 of 4 PHOTO LOG 21 FAiRviEw ROAD, SALEM,MnssAcHusETTs ersomstrw+aa W/d5/W erCumxDveva Cn+mvn'nw+Amve/Pv+¢ae q J I � r Sims t .yy M w r ORLON All View of excavated dirt at 21 Fairview Road. i ifs `1 �� _ 4 q�.tea f� � „"-1 a \��f�`~ .,,� •t View of excavated soil and propane tank,scheduled to be removed on June 26,2009. „r r tJg�`Y `1 q ��r�i> ����Y,TT�;x��„r,, ���,c,,,,,,77L�,,S.� .���'�`�?�h1{���ccLS,Ma+ •� t'.h� •�3�+,t�:'� ie `9r#1�7.,. �:�rr }M1+� i�'y' a� t^v` r> ETY�}Sa �•i _ � 4 'r � } �� :r � _. ":' ' ,ice:"..`�,� i�'.�''.���s"�•` � �"c •����----..��++�� In\ n xi n � ��l"�- '�•4't ? 5�.1�M�}�y';CSAs.'�F�l. i, ��m°y kh. •�'4• woo, q `f ♦S w,+ �T�t. � Gse a..r*qs, {L,,.....',+wrvet � i'r� 4.}+c '4-0 � 't}�•Lti � . �-� �'e�"'^L a'^+Q �`�'”' •„j�"r , Y b a ♦ iiy...}. C��"L. f+ x++.{ �'* �yy,,,, s ♦ 1 b� �yb g .+'.ts' +�ywRL�m�i �' �.' .'"fit .�kiy'S �.,�� 1���..€��"�M1yF1Y'� ?w ��!'a �\4�`'• a,ti�'�,Sti`. sJ e+�}' +.t W u+ �fi ..0�K .'i1`.�ri�' '" y.�i�" .¢ iy y„�`9�"y7'�'t'(y�{��``l°�'��N-�{,�}��•� '�'iS -siS�`1 �y �•. ���.�id .+�v*+�sr+.,RY '� ..?�^R rM1v.4'� �j.�K�A4 .W° `�Ck4'S'T.'S'K}S�4�L+;� lr���,`sf� � 7�; 5 ''S'T:dY"` .�y�.,1a �+'Yr"n"+ �r'�'..37' �4�c%!1'�'i�,�° .x•+�M2.i `�*t+g��' �� ��+Za•� ya:V�tt �` a Y u - T ,• N YAK < Y y tit 1 L N , ! �v_"?y�^,C�` � .6s� �« � !� '�. ' {�y`,.F.S 7 a� �'+ . °',;b �''•�,°„�+{+ {a`lV L ��{ 3,r+�;t✓"' r:* V ... r.�x; �, + '? :. \'i` _1� �' ti �� rib �nv `Ma ' . ��. 1 y� &"� e,y5�:�. y ccy �.�/ k y��.. r "y •:+. b„ �s '�1�, e �v"n4:,q"R��+,'e,.M2hti .,F c1 _,w._ `•ea�a../ _�°+_ .,v._ �,. _�' .. .- _...1' ... _�.,«n _ . v n.,.�`t tR" ! •leai�� A.. ^t3';.s.s..� \..Ali eoam+� CITY OF SALEM CONSE VA'TION 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 Mrs.Harrington of 21 Fairview Road, Salem, MA 01970. The purpose of this hearing is to discuss excavation of a propane tank after-the-fact,located within 100 feet of Salem Harbor at 21 Fairview Road. This hearing will be held on Thursday,July 9, 2009 at 6:00 p.m. in Room 313, third floor at 120 Washington Street. David A. Pabich, P.E. Conservation Commission Chairman Please run legal advertisement on: July 2, 2009 , Please send bill to: Mrs. Harrington 21 Fairview Road Salem, MA 01970 978-744-4675 �COHetr� � CITY OF SALEM DEPARTMENT OF PLANNING AND KihMERLEY DRisoou COMMLNTY DEVELOPMENT MAYOR LYNN GOON1N DuNcAN,AIC' 120 WASHINGTON STREET♦SALEM,MASSACHUSETTS 01970 DiREcroR TEL 978-619-5685 ♦FAx:978-740-0404 ax To: Gloria,Salem Evening News From: Carey Duques,Conservation Agent/Planner Fax: 978-927-1020 Date: 6/29/09 Phone:(978) 744-0600 Pages: 2 including cover Re: Con Com Legal Ad CC: rgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle *Comments: Gloria, Following is one (1) legal advertisement to be printed on July 2, 2009 for the Salem Conservation Commission Meeting on July 9,2009. Thank you, CareyDuques Conservation Agent/Planner HP Of iceJet 7410 Log for Personal Printer/Fax(Copier/Scanner DPCD 978-740-0404 Jun 29 2009 2:35PM Last Transaction Date Time Type Identification Duration Pages Result Jun 29 2:34PM Fax Sent 919789271020 0:47 2 OK JUN-30-2009 TUE 09:05 AN FAX N0, P. 02 1103188 6/30/¢9 7:08 AN page 1 '• 6th. 07/02/09, HARRINGTON, KATHLEEN, 1x3.25, tyk CIT110F9MEM CONSEffVATWN caumo5WN Wi01ww a pupNo near- in s.for a Raquaet for e Determination of qppllmblNty uMar the VJatleltla ftoleoNon Ad, MossadWseds General Laws.Chapter 121,Sea Nur 40 and Salem's Ordi- nenm Permini g to Oerf oral he t Wetlands el request Mrs. at the Ion of 2�AfmMB Flaed, 010.The p�uposa of Ode 1laarlrlg is m daeuas wmavadan of a propane tend:a"ho lam Wooled within 100 twe at swam Harbof 21 Felfldow nod.Test tearing will be hold on Thursday.Jury 0,21109 at 313 Qdrd for at t120 W"h- Ington Street. Dadd A.PaMm6 P.E- Conser,nt0on Commission Chairmen SN-MAKIII —I � IJ Plq®aF CITY OF SALEM W CONSERVATION COMMISSION June 25,2009 Kathleen Harington 21 Fairview Road Salem,MA 01970 Re: Excavation at 21 Fairview Road, Salem MA without Conservation Commission Approval Dear Ms.Harington: This letter is being sent in regards to a possible violation of the Massachusetts Wetlands Protection Act, G.L.c.131§40 and its regulation at 310 CMR 10.00 relating to excavation activities occurring at 21 Fairview Road,within 100 feet of Salem Harbor,without a permit from the Salem Conservation Commission, The Conservation Commission is responsible for upholding the Massachusetts Wetlands Protection Act (310 CMR 10.00)and the City of Salem's Wetlands Ordinance(See 34-2). During a site visit at this aforementioned property on the afternoon of June 25,2009,it was explained that the contractor had been told by the fine department that no permits were needed for the excavation of a propane tank. As a result,the contractor proceeded with the excavation and has scheduled to remove the propane tank on June 26,2009. After discussing this matter with the Conservation Chairman,it was determined that the following actions shall occur immediately: 1. Silt fence shall be installed between the excavation area and the Harbor to prevent the migration of sediment into the Harbor. 2. A Request for Determination of Applicability shall be filed with the Conservation Commission by Monday June 29 for discussion at the next Conservation Commission meeting on July 9, 2009,held at 120 Washington Street third floor conference room#313 at 6 pm. The Chairman agreed that upon the installation of the silt fence the contractor can proceed with the excavation that is scheduled for Friday June 26,2009. A phone call was placed to Danny Mackey this afternoon(June 25,2009)requiring the installation of the silt fence. However,upon sending this letter I have not received confirmation that he received my message and will install the silt fence. Enclosed is the application for a Request for Determination of Applicability permit and instructions for completing this application. Please contact me at 978-619-5685 if you have any questions or are unable to attend the meeting on July 9. Sincerely, CLuesu 9 Conservation Agent/Planner CC: David Pabich,Conservation Commission Chairman Enc. 1 i • II � qr t ' n ..AF• i;4 y # r k°wA1`p���' .�, �°_ 444y4 1 �¢i'& _.+✓, ,,;E> 144 ,� 't' Ir( . .. A.. { lig - :e y.4 �V � t t t .� r b S�Md � �S �•� 5 t J M+ i R. `r Ja 11 City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received (a L D Amount Received fZ.0"00 Form of Payment WCheck ❑ Cash Client Information CASH PAYMENTS: client initials ❑ Sign Permit Application Fee D n Conservation Commission Fee Payment received for what ❑ Planning Board Fee / ZBA service? ❑ SRA/DRB Fee ❑ Old Town Hall Rental Fee ❑ Other: Copies Name of staff person receiving payment \SdaQ l V e� Additional Notes KATHLEEN M. HARRINGTON S53-70Z-21-13 6731 JOAN M.OHARE 08M91 77 21 FAIRVIEW RD. i DA� SALEM,MA 01970 E - , ,910�_ PAN ORDER of THE `D c reoeR 1n 11 —' a DOLLARS e 7 11 F Sa ems WOO Ij 210 u'wsex 5[reeq Salem,MA 01970 � t� 088 6649i77116731 ��-._...,.�-�-,�...�_-��_--�,,, ,: ...,.��•--=� �-.mal-�...r_�-=��____ ,�_�E Original Check and Form: DPCD Finance Copy 1: Client Copy 2: Application File