24 FOREST AVENUE - CONSERVATION COMMISSION 310 CMR 10.9 9 DEP Fite No.
(ro be provided by DEP)
Form 2
Ifo" SALMI
Appseao< NEPCO
commonwealth Dm FAipien Peed_NOV. 28, 9.4
of Massachusetts
Determination of Applicability
Kassachusetts Wetlands Protection Act, G.L. c. 131, 540
Salem Conservation Commission issuing Authority.
From
New England Power Co. Same
TO Name of property owner)
(Name of Person making request)
Address
24 Fort Avenue Address Same
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on
(date)
3M by certified mail, return receipt requested on December 14, 1994 (date)
Pursuant to the authority of G.L. c.131, 540, the
Commission '
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 Salem Harbor Sta
Lot Number' Mao 4
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 that the aret.a
Therefore, any removing, filing, dredging. or altering
requires the filing of a Notice Of Intent.
2. ❑ The work described below, which includes all/part of the work described
in your request, Ss 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. ❑ 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 willrea subject to
filing of a Protection the Act. Therefore,
Notice of intent.
This Determination is negativet
1. ❑ The area described your request is not an Area subject to Protection
under the Act. -- --
2. C3The work described in your request is within an Area Subject to Protection
Under the ot remove,
alter that area.
Therefore, Act, but will nfill,
e id work doesnot require the filing ggr
of allotice of intent.
3. Q 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 Notic of^_
intent. ` y
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
Salem conservation commission
signature(s)
Q
LA-
Thi Determination must be signed by a majority of the conservation commission.
on this
8th day of December 19 94 , .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.
July 15,' 1999
Notary Public 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 Lone, or any ten residents of the city or town in which such Land 1s' located,
are hereby ratified of their right to request the Department of Envirormental Protection to issue • 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 shall at the same time be sent by
certified mail or hand delivery to the conservation Commission and the applicant.
2-2A
l
3. ❑ The work described below, which includes all/part of the work described
in your request, is within the Buffer Zone as defined inthe regulations,
and will alter an Area subject to Protection
tent the Act. Therefore,
said work requires the filing of a Notice of In
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
theTherefore, work doesbut will nnot reot
3. [3
the lefiling of azNotice f intentalter that .
3. ❑ The work described in your request is within the suffer zone, as defined
in the r an Area
the Act�tJTherefore bsa d work doesenot requireuthecProtectionect to
filing of allotice Of
intent.
6. ❑ The area described in your request is subject to Protection Under then<wot,
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 Department of Environmental Protection
signature
day of 19 before ms
on this to me known to be the
personally appeared '
person described in, and who exocuted, 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 reiiew
the applionent This Superseding with ski
Determination applicable
lic b valid e federal,
state or local statutes, ordinances, by-
lewsor
three years from the date of issuance.
The applicant, the owner, env person aggrieved fry the Supersedingpens Determsuant t, any owner A land eare bsetlhe the
land upon which the proposed work is to b done, o any tan part to G.L. C=30A G.L.
i/0, providirg�thrregueat
notified of their right to request an adjudicatory ng pur few-and
with the appropriate filing feald-i "
is made by
certified mail or hand delivery to the Department, a of issuance of this )):earaedinq
Transsittal Form as provided in 310 CMR 10.03(7) within Min ten days frac the date
Determination, and is addressed to: Docket Clerk, office f t emr�iow.11 D4 thea saame time beWant
Protection, ort winter Street, Boston. MA 02100. A Capt
at
certifled mil or hand delivery to the conservation Comission, the applicant, and any other party.
A Notice of Claim for an Adjudicatory Rearing shall cosply with the Department's Rules for Adjudicatery
Proceedings, 310 CMR 1.01(6), and shall contain the following informtion:
(a) the DEP Wetlands File wunber, nam of the applicant, and address of the proj
eques , and , if represented by-
(p) the cosplate now, address and telephone meander of the party filing Me requestt,
counsel, the name and address of the attorney)
(c) the nems and addresses of all other parties, if krm wn;
(d) a clear and concise statement of (1) the facts which'ieh' re e rAnnefor er in hproceediost (is allegedtobe
to this Superseding Oetenninetion, including specifically
inconsistent with the Department's Wetland}1eAaOl lY the chances desired in and
Ae SupersedingfDetsought
nsimt�h
the adjudicatory hearing, Including spec
(e) a statement that a copy of the request hes been sent to the applicant, the conservation eomiufon and
each other party or representative of such party.
if known.
Failure to submit ell necessary may result in a dismissal by the Depertm nt of the Notice of Claim for an
Adjudicatory Rearing.
2-211
rt
310 clot 10.9 9 DEP P;le No.
(Co be provided by DEP)
Form 2
mf/rOM SALEM
Affbaim NEPCO
cosocumealth Daft RequMEW NOV. 28, 94
of itassachusetts
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
Salem Conservation Commission Issuing Authcritp;`
From
New England Power Co. Same
To
(Name of Person making request) (Name of property owner)
Address
24 Fort Avenue Address Same
This determination is issued and delivered as follows:
[3 by hand delivery to p (date)
person making request on
by certified mail, return receipt requested on December 14, 1994 (date)
Pursuant to the authority of c.L. c.131, S00, the Commission
e
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 Salem Harbor
Lot Number: Ma 4
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 dredging. or t c ton noir that area
the Act.
Therefore, any removing, filing,
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
1
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. ❑ T.-%a area described :.: 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 remove,
alter th&t area.
Therefore, Act, but will nfill,
sad work doesnot require the filing r
of allotice Of Intent-
3. §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.
6. ❑ The area described in your request is Subject to Protection Under the
but since the work- described therein meats 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(s)
Q
_—
n.:
This Determination must be signed by a majority of the conservation commission.
on this
8th day of December 19 94 , .before me
personally appeared the above named to me known to be the
parson described in, and who executed, the foregoing instrument, and
acknowledged that he/she executed the same as his/her free act and deed.
ly 15, 1999
Notary Public NY co>mlission Expires
This Determination time not relieve the applicant free coMiylno with all other applicable federal, state or
Loco( sutures, ordinances, bylaws or regulations. This Determination shell be valid for three years from the
dote of issuance.
The applicant, the owner, any person aggrieved by this Determination, any owner of lard abutting the land upon
which the proposed work is to be done, or any ten residents of the city or town in which such lard is located,
are hereby notified of their right requests the
req ertment est s Deeds viroce ntel ifl certified tion to hendsueli Sup noedtng
Determination of Applicability, providing
Department, with the appropriate filing fee end fee Transmittal Forties provided in 310 CHR 10.03(7) within ton
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 hard delivery to the Conservation Commission and the applicant.
2-2A
7
3. ❑ The work .described below, which includes all/part of the work described
in your request, is within the suffer Zone as defined inthe regulations,
and will alter an Area subject to Protection tent the Act. Therefore,
said work requires the filing of a Notice of in
This Determination is negatives
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 Act, but will not remove, fill, �edgof arNotice of alteraintent.
Therefore, said work does not require the filing
3. ❑ The work described in your request is within the Buffer zone, as defined
in the the Act�gTherefore lations, bsa d work doesut will not not of requirer an Area uthecProtection
g of allotice Of
intent.
4. [3 The area described in your request is Subject to Protection Under ths�Aet.
but since the work described herfied in me Actt e r qui regulations,. ao
following exemption, as spa
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, an
acknowledged that he/she executed the same as his/her free act and dead.
Notary Public My Commission Expires
This superseding Determination does net relieve the applicant from complying with all other applicable federal,
state or rsedi gDetermi ordinances,does, of news or regulations. This Superseding Determination shall be valid for
ststutes,
three years from the date of issuance-
he applicant, the owner, any person aggrieved by the superseding Determination, any owner of lard abutting the
Tupon which tM Proposed work is to be done, or arty tan prsona pursuant to G.L. e. 30A, 510A, are Mm
mtif fed of their right to request an djudicatory hearing pursuant to G.L. c. 30A, 410, providing the,requastvery to the .
is irarng
mods byel. Formfied as provided r hand
dell/0 03(7') within tan days Deportment,
f ram the tdate Of ling fee-WW Fee-
$ahe apprruanee ttf f a vi are at
Determination, and is addressed to: Docket Clerk, Office of General Casual, Depera so of Ee aim t b
Protection, Ona winter Street, Boston, MA 02106. A Copy of the request shall at the acme cfsr be amt by
Protected mail or hied street,delivero the cormervation commission, the applicant, and any other party.
A Notice of Claim for an Adjudicatory Hearing shall comply with the Department's Rules for Adjtdieatery
Proceedings, 310 CNR 1.01(6), and shall contain the following information:
(a) the DEP Wetlands File Number, nese of the applicant, end address of the Project:aif raprasmed i+y--
(b) the complete name, address and telephone number of the party filing the request, and .
cncel, the roma and address of the attorney:
(c) the nemm and addresses of all other parties, if known:
(d) a clear end concise statement of (1) the facts which' are for mannethe proceeding,
(zs alleged to be
to this Superseding Determination ration, including spas
inconsistent with the Department's Yetlardfle�lY Ma charged desired0in tAe supersedirgtDeterinatioonn;
the adjudicatory hearing, irxluding spec
(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 known.
Failure to submit ell necessary may result .in a dismissal by the Department of the Notice of CUim for an
Adjudicatory Hearing.
2-2B
fi Salem. Massachusetts 01970
ssNovH29 '
^� n�
2 os Ph 94
CITY OF SALEM, HASS
CLERK'S OFFICE
CITY OF SALEM
CONSERVATION COMMISSION
Will hear a Request for a Determination of Applicability,
under the Wetlands Protection Act , Massachusetts General Laws ,
Chapter 131 , Section 40, at the request of New England Power
Company . The proposed work , located at 24 Fort Avenue, consists of
the erection of a new warehouse type building within a Buffer Zone.
The Request will be heard on Thursday, December 8, 1994 at 7 : 00
p.m. , One Salem Green, second floor conference room.
Fred Harney
Chairman Qq�N
Dec 1 , 1994
EX\DH\NEPCO. 32
This notice posted on "Official Bu�� irtZ
City Hall Ave., Salem, Mass. on t �
at ;06Vge f In accordance with Chap. 39 Sec,
23 1 3B of M.G.L.
31', CMR 10.99 DFP Fps Nm
(To be pro"ded by DFP)
Form 1
cylrmn Salem
AppG®[New England Power Co.
Cosseonwealth
of massachusetta
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, MA
Conservation Commise;on 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,
540.
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.a
Location: Street Address Salem Harbor Station, 24 Fort Avenue
Lot Number: Lot 271, MAP 41
3. The work in said . area is described below. (use additional paper, if
necessary, to describe the proposed work. )
See attached:
Work Description
Location Plan RECEIVED
Building Graphic Representation
NOV 2 g 1994
S81®►ip eia" n 89 wept.
i-1
Effective 11/10/89
4. The owner(s) of the area, if not the person making this request, has been
given written notificatizon of 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 f t e Massachusetts Department of Environmental Protection
9y (date)
DEP Northeast Regional office . X 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 Vro• 3 street State Haase We3t. 4th Floor
Hosce=tec, MA 61605 436 Dwight rtreeL
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.
signature Name Ernest Greer, Project Engineer
AddressNew England Power ComoanyPower Comoanv Tel. 508/740-8287
Salem Harbor Station
24 Fort Avenue
Salem, MA 01970
1-2
SALEM HARBOR STATION
NORTH WAREHOUSE
WORK DESCRIPTION
The work will include the erection of a new warehouse type
building on the northern portion of the power plant site. The
building will be 40' wide by 140' long by 18, high with vertical
ribbed metal siding and roofing of a color to match the existing
structures on the site. The building will be equipped with two
truck doors, one on each end.
The building will be placed upon an existing slab foundation. No
excavation, earthwork, paving, or foundation work will be
required for this building.
SALEM HARBOR STATION
NORTH WAREHOUSE
GRAPHIC REPRESENTATION
I8 \
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