10 FRANKLIN STREET - CONSERVATION COMMISSION urs
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CITY OF SALEM
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CONSERVATION COMMISSION
October 29,2010
Craig Burnham
Fortunate Son Realty Trust
14 Franklin St.
Salem, MA 01970
Re: Positive Determination of Applicability for 8 and 10 Franklin St.
Dear Mr. Burnham:
In response to your Request for Determination of Applicability pursuant to the Massachusetts Wetlands
Protection Act, G.L.c.131§40, its regulation at 310 CMR 10.00,and Salem's Ordinance Pertaining to
General Wetlands for the after-the-fact clearing and grading within a riverfront area and land subject to
coastal storm flowage at 8 and 10 Franklin St.,the Salem Conservation Commission issued a positive
determination at its October 28 meeting.
The Commission requires that you file a Notice of Intent(NOI)for the above-referenced work by
November 24, 2010--two weeks before the December 9 Conservation Commission meeting. You may
also include additional proposed work in the NOL The Commission also requires that you do no further
work within the resource areas until you receive a valid Order of Conditions from the Commission (see
attached Enforcement Order).
Please find the enclosed Notice of Intent instructions and application. Electronic copies are available on
the Massachusetts Department of Environmental Protection website
(http://www.mass.gov/dep/water/approvals/wwforms.htm). The Commission and its agent are available
to provide guidance in filing the Notice of Intent.
If you have any questions, please feel free to contact me at 978-619-5685
Sincerely,
Tom Dev'e
Conservation Agent/Staff Planner
.Enclosures
CC: DEP Northeast Regional Office
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Violation Information
Important:
When filling out This Enforcement Order is issued by:
fortes on the Salem
computer, use 10/29/2010
only the tab Conservation Commission(Issuing Authority) Date
key to move To:
your cursor-
do not use the Fortunate Son Realty Trust
return key. Name of vwlator
14 Franklin Street
°° Address
1. Location of Violation:
am.
Properly Owner('rf ditTerent) __.—___
8 and 10 Franklin Street
street Address
Salem MA
City?own Zip Code
As 405, -
Assessors Map/Plat Number Parcel/406
Lot Number
2. Extent and Type of Activity (if more space is required, please attach a separate sheet):
suClearing of boats and debris and application of crushed stone within a riverfront area and land
bject to coastal storm flowage
B. Findings
The Issuing Authority has determined that the activity described above is in a resource area and/or buffer
zone and is in violation of the Wetlands Protection Act(M.G.L. c. 131, §40)and its Regulations (310
CMR 10.00), because:
® the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the
buffer zone without approval from the issuing authority(i.e., a valid Order of Conditions or Negative
Determination).
wPaforma •ray.7114004
Pape 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number:
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Findings (cont.)
❑ the activity has been/is being conducted in an area subject to protection under c. 131, §40 or the
buffer zone in violation of an issuing authority approval (i.e., valid Order of Conditions or Negative
Determination of Applicability) issued to:
Name Dated
File Number Condition number(s)
❑ The Order of Conditions expired on (date): Date
❑ The activity violates provisions of the Certificate of Compliance.
❑ The activity is outside the areas subject to protection under MGL c.131 s.40 and the buffer zone,
but has altered an area subject to MGL c.131 s.40.
® Other(specify):
See attached narrative
C. Order
The issuing authority hereby orders the following (check all that apply):
® The property owner, his agents, permittees, and all others shall immediately cease and desist
from any activity affecting the Buffer Zone and/or resource areas.
❑ Resource area alterations resulting from said activity shall be corrected and the resource areas
returned to their original condition.
❑ A restoration plan shall be filed with the issuing authority on or before Date
for the following:
The restoration shall be completed in accordance with the conditions and timetable established by the
issuing authority.
wpaformg .00c•rev.7114N4 Page 2 of 4
B. Findings
In mid-September, a member of the Salem Conservation Commission reported observing
mounds of crushed stone on the property located at S and 10 Franklin Street, Salem, MA,
within a riverfront area and land subject to coastal storm flowage. The Commission
member reported said activity to the interim Conservation Agent, who noted that the
Commission had not issued a negative Determination of Applicability or an Order of
Conditions for said work. The Interim Agent advised the property owner to submit a
Request for Determination of Applicability to the Commission. A Request for
Determination of Applicability for the after-the-fact clearing, grading, and application of
crushed stone within a resource area was submitted to the Commission on September 27,
2010. The Commission held a public hearing on October 14, and a site visit on October
23. At its October 2S meeting, the Commission issued a positive determination, requiring
that the applicant file a Notice of Intent for the above-referenced work.
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File Number.
WPA Form 9 - Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Order (cont.)
® Complete the attached Notice of Intent(NOI). The NOI shall be filed with the Issuing Authority on
or before:
November 24 2010(two weeks before the December 9 Conservation Commission meeting)
Date
for the following:
After-the fact clearing and application of crushed stone within a riverfront area and land subject to
coastal storm flowage at 8 and 10 Franklin Street. The NOI may also include additional proposed
work.
No further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work.
❑ The property owner shall take the following action (e.g., erosion/sedimentation controls) to
prevent further violations of the Act.
Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts
General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a)
shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not
more than two years, or both, such fine and imprisonment; or(b) shall be subject to a civil penalty not
to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing
violation shall constitute a separate offense.
D. Appeals/Signatures
An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of
Environmental Protection, but may be filed in Superior Court.
Questions regarding this Enforcement Order should be directed to:
Tom Devine, Conservation Agent
Name
978-619-5685
Phone Number
Monday-Wednesday Sam to 4pm; Thursday 8am to 7pm; Friday 8am to 12pm
Hours/Days Available
Issued by:
Salem
Conservation Commission
Conservation Commission signatures required on following page.
wpaWmaa.a •x.7114004
Page aaa
LAIMassachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands DEP File"umber.
WPA Form 9 — Enforcement Order
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals/Signatures (cont.)
In a situation regarding immediate action, an Enforcement Order may be signed by a single member or
agent of the Commission and ratified by majority of the members at the next scheduled meeting of the
Commission.
Signatures:
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October 29. 2010
Craig Burnham
Fortunate Son Realty Trust
14 Franklin St.
Salem. NIA 01970
Re: Positive Determination of Applicability for 8 and 10 Franklin St.
Dear lv4r. Burnham:
Please find the enclosed positive Determination of Applicability. Please refer to materials mailed
separately for instruction regarding what is required ofyou.
If you have any questions, please feel free to contact me at 978-6t9-5685
Sincerely,
C
Tom Devine
Conservation Agent/Staff Planner
Enclosures
CC: DEP Northeast Regional Office
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 Fortunate Son Realty Trust
return key. Name - Name
14 Franklin St.
"r Mailing Address Meiling Address
r, Salem MA 01970
® CityRown State Zip Code City/Town State Zip Code
1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents:
PLOT PLAN OF LAND IN SALEM, MA PREPARED FOR BURNHAM 5/03/10
ASSOCIATES Date
Title Date
Title Date
2. Date Request Filed:
9/27/10
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):
After the fact clearing and grading within a riverfront area and land subject to coastal storm flowage
Project Location:
8 and 10 Franklin St. Salem
Street Address Cilyrrown
26 405 and 406
Assessors Map/Plat Number Parcel/Lot Number
'wpaf r 2. o •Detem,jn w d ApplicaNkty•rev.10604
Pape 1 or 5
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
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 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
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wPafonnZA •Determination d APPIi ,Iity•rev.1G N4
Pelle 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.
wpalorm2.Doc•fele,,,nak.o of ApphCabli,iy•rev.10/6/04 Page 3 of 5
Massachusetts Department of Environmental Protection
L\1 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
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 Deter ation mus a signed by a majority of the Conservation Commission. A copy must be sent
to the ap ropriate DEP Re ional Office (see http://www.mass,gov/dep/about/regiori.findyoLlr.htm) and the
property o er (if differen from the applicant).
n
Signatures J
YIX
10-28-2010
Date
v,paform2.doc•Deterrnination of Appi,cabibly•rev.1016104 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 http://www.mass.eov/(Jeo/about/region.findyour.hlrn) 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.
rwalorm2.noc Oelermination of Applicability•rev.1M)04 Page 5 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request (if appropriate, name the citizen group's representative):
forms on the
computer, use ---- — -- ---- ---- --- - -only the tab Name
key to move -- — — -- - - ' ---your cursor- Mailing Address
do not use the _ _—
return key. City/Town State Zip code
-�t ran Phone Number Fax Number(if applicable)
Project Location
Mailing Address
• City/Town State Zip Code
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/Town State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wp3lorm24oc•Requesi for Depanmenial Action Fee'I ransmillal Poen-rev. 10,3101 Page 0f 2
Massachusetts Department of Environmental Protection
F Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, slate 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
http //www.mass.govldep/about/recion/findya_i r_"hn).
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.
wpa(orm2.doc•Request for Departmental Action Fee Transmittal Farm-rev,1016104 nage?of 2
CITY OF SALEM
CONSERVATION COMMISSION
City of Salem
Conservation Commission
Will hold a public hearing for a Request for 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 Fortunate Son Realty Trust, 14 Franklin St.,
Salem, MA. The purpose of the hearing is to discuss the after-the-fact clearing and grading within a
riverfront area and land subject to coastal storm flowage at 8 and 10 Franklin St. This hearing will
be held on Thursday,October 14,2010 at 6:00 pm in Room 313, City Hall Annex, 120
Washington Street.
David Pabich_. P.E.
Chairman
Please advertisement on:
October 7, 2010
Please send bill to:
Craig Burnham
Fortunate Son Reality Trust
14 Franklin St.
Salem, MA 01970
978-745-1788
CITY OF SALEM
a,' �> CONSERVATION COMMISSION
STTF VISIT FORM
PROJECT LOCATION: �r`"�-�tn `S� DATE OF SITE VISIT• l0 18 J
PROJECT PROPONENT:��}"/do a4-���r f� �eu�/I4 T/'uJ DEP FILE NUMBER:�
PROPOSED WORK: !d�'d r ��a.ir� tF "J Q 'r I'_4 C✓ �
rl1F��.dti� a.w o r1 / C C F
IN ATTENDANCE:. "
CI Agent: A(b�utters.-
�•
0-
cJ�.
Applicant/Property Owner/Representative:
SITE VISIT`PURPOSEr 16 Y. r, . , ':.` V..
Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent
❑Certificate of Compliance F]Enforcement/Violation ❑Emergency ❑ Informal
,. -' "'. n
AREAS'OF--iJURISDICTI,_ ON . ,. �.
INLAND RESOURCE AREAS COASTAL RESOURCE AREAS
❑Bank ®'Land Subject to Coastal ❑Land Under the Ocean
Storm Flowage
[:1 Bordering Vegetated Wetland
❑ Designated Port Area ❑Coastal Beach
❑Land Subject to Flooding
❑ Coastal Dune ❑Barrier Beach
❑Land Under Water Bodies or Waterway
Name: ❑ Coastal Bank ❑Rocky Intertidal Shore
VRiverfront Area ❑ Salt Marsh ❑ Land Under Salt Pond
❑Vernal Pools ❑ Land Containing ❑Anadrgmous/Cata-
Shellfish dromous Fish Run '..
❑ Bordering Vegetated Wetland in Coastal Area
120 WASHINGTON STREET, SALEM, MASSACHusE'rrs 01970 TEL: 976.745.9595 FAX: 978.740.0404 ♦ WWW,SAI,EM.COM
BUFFER ZONE- (within 100-feet)
❑Water Body ❑ Bordering Vegetated Wetland ❑ Bank ❑ Coastal Beach ❑Coastal Dune
INTERESTS PROTECTED.;
Protection of Water Supply ® Protection of Groundwater Supply RFlood Control
Storm Damage Prevention F�71 Prevention-of Pollution 19protection of Fisheries
Protection of Wildlife Habitat P7tProtection of Land Containing Shellfish
KN
Is this an exempt project: If so,why? /(fin
Are resource area boundaries delineated correctly? If not,explain.
Q rye y'� ti•a °
SITE VISIT'DOCUMENTATION. �.�,. -' 'n
❑Photos ❑ Site Map ❑Other:
Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land uses. 1
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R CONSERVATION COMMISSION
City of Salem
Conservation Commission
Will hold a site visit at 8 and 10 Franklin Street on Thursday, October 28 at 5:00 p.m.
The purpose of the site visit is to inspect, after the fact, the project site where the
following activities have been conducted: clearing and grading within a Riverfront Area
and Land Subject to Coastal Strom Flowage at 8 and 10 Franklin Street.
David Pabich
Conservation Commission Chairman
C")
city ..y
ILIMassachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Sq IC'm
WPA Form 1- Request for Determination of Applicability Cityrrown
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out 1 Applicant
fona
computer,the use Fr)rtL)ny+eSoyi Rewlity TiryS+ g�nrnhampSsociu��Sa��kfi�n,nef only the tab key Name r� E-Mail Address
to move your �4 Fr nn ktin S lr
cursor-do not Mailing A(d
use the return SU(e tM `- `A-
key. City/rown State Zip Code
uZ,, 74 5 11515 975 -P41 19b '4
a0 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 Sgltm (Wseyv, romMmake the following determinabon(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.
El c.whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act.
5d. 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
Q t4 c-)� Srnienrl
Name of Mu icipality
❑ e.whether the following scope of altematives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpaforml.d Pagel d4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 1- Request for Determination of Applicability City/rown
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):
5 8. to St Sotlewl
Street Address city/rown
2.G 4o5 & 4oC-i
Assessors Map/Plat Number Parcel/Lot Number
b. Area Description (use additional paper, if necessary):
Ple-ase See at-ached_ lo+- PIG h,
c. Plan and/or Map Reference(s):
Title Date
Title Date
Title Date -
2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary):
10 rnk_LSt ^8 t, abuv-oto Fs _itlo, haVC
been cle_tcrec� t�lf-' LAM o� 1c1Uar14Ifi'es 01
old boats GnA2r assort{a cle&ys . lnl4ev, ffa(� wAs
LO—M gjde w2 Pg-P� xiv�ct L�3 5O - 'O v)S C)
Chelr ruv, sGl PA'Pd h`/ A95_ u �e
Ihd�s�r es . Tfne Ck uae ftIlCKV wS i S 4 -6 i nchl?E
.Pafnm7.dDC Page 2 er 4
Massachusetts Department of Environmental Protection _
Bureau of Resource Protection -Wetlands Sct_l
WPA Form 1- Request for Determination of Applicability cayrrown
Massachusetts Wetlands Protection Act M.G.I. 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 8R/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 govemment 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.)
wpsknal.dw Page 3ar4
ILIMassachusetts Department of Environmental Protection ^
Bureau of Resource Protection -Wetlands Stn
WPA Form 1- Request for Determination of Applicability City/rovm
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 bve 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.
rorty-I e SC:)V-) RQu I k'ty Tods
Name
H Fr'un Y Iin Srt•
MTAddress
Sit l-em
C17 /-� of
state Zip code
Signatures:
I also understand notification of this equest will be placed in a local newspaper at my expense
in accordance Sectio 5(3)(b of the Wetlands Protection Act regulations.
`mss 2 -7
s4hku7Ali / Data
Signature of Representative(if any) Date
wpafwml d= Page 4 ef,l
U '\,I IT F R
" DAFE RECEIPT '
c L-RECEIVED FROMLu ,
c
�. ADDRESS -
h i"• �,. - DOLLARS$ ..
ti �i GV 1 i
1 FORuj
4 ACCOUNT HOW PAID _
4 EGINNING CASH
y-
AMOUNT
E
BALANCE MONEY —l._. ..r
yj PAID CHECK
DUE o..EN BY
I� aJ
!1
A
Public Hearing—Request for Determination of Applicability—Fortunate Son Realty
Trust, 14 Franklin St., Salem, MA. The purpose of the hearing is to discuss the after-
the-fact clearing and grading within a riverfrom area and land subject to coastal storm
flowage at 8 and 10 Franklin St.
Comments:
This is an after-the-fact filing, brought to our attention by the Chairman. The RDA states
that the site was cleared and crushed stone put down, but the full extent of the work is
unclear.
CITY OF SALEMCONSERVATION COMMISSION WILL HOLD A PUBLIC
City of SalemConservation Commission Will hold a public hearing for a Request fordetermination of
Applicability under theWetlands Protection Act,Massachusetts Generall-aws, Chapter 131, Section 40 and
Salem's Ordinance Pertaining to General Wetlands at therequest of For tunateSon Realty Trust, 14Franklin
St., Salem, MA.The purpose of the hearing is to discuss the afterthe-fact clear ing andgrading within a
riverfrontarea and land subject tocoastal storm Flowage at8 and 10 Franklin St.This hearing will be heldon
Thursday, October14, 2010 at 6:00 pm inRoom 313, City HallAnnex, 120 WashingtonStreet. David
Pabich, P.E. Chairman SN - 10/7/10
Appeared in: The Salem News on Thursday,TO/07/2010y
Back
eMAP 20•TS 405 NORTH
40s RI VER FLOOD
REFERFN�• ! EBB / , .
DEED BOOK 6918, PAGE 154 6 t
PLAN BOOK 218, PLAN 78 _ -n- 58'i: "gY _
PLAN BOOK 319, PLAN 24 o Y o
'na
faYi' O m m
RIGHTS IN
Y NORTH RIVER CANAL CORRIDOR (NRCC)
+14 APPURTENANT
NEIGHBORHOOD MIXED USE DISTRICT N FLATS
NOTE QIP
1) THIS PLAN IS NOT TO BE yz RO Byu LIMIT 0 � S-rONE
CONSIDERED AN ALTA/AGSM (SET) (D _ X\
LAND TITLE SURVEY. _ 0`P
2) THIS PLAN MAKES NO L_ - ONE 43.83 (D
DETERMINATION OF FILLED 5` Yz')LROD1
LANDS UNDER M.G.L. CH. 91. 1 0' (SET)
3) PROPERTY LINES SHOWN
HEREON REFLECT HISTORIC WOOD
DIMENSIONS FROM DEEDS OF SHED
RECORD AND CURRENT09' COR.
LOCATION OF NORTH RIVER. WOOD
LOT LOT
405 406
N C o g TOTAL
I w LOT (AREA s w
0 z po w (D r.
v 15,705f S.F. a 00
m a Z 0) rn
m m 0 m Q o 0
C. N O) 4'!CN n CC M
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Q Q TRAILE(� CAONiF -
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SIDING
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NC. BLU i 1 STORY
BUILDIING NC. BLO
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#10 / BILK. BR. OLK.
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1" I.PIPE (DEED) _� / 33.33' Yz" LROD
(FD) to «75.79 »1 (DEED) "?
0 6 (SET)
FRANKLIN (PUBLIC - VARIABLE WIDTH) STREET
I CERTIFY TO BURNHAM ASSOCIATES
THAT THE BUILDINGS SHOWN HEREON
ARE LOCATED ON THE GROUND AS PLOT PLAN CHK er
SHOWN. .,i.�^
JTHorr�y� OF LAND /N
wnrnSALEM, MA
e �4
Q PREPARED FOR BURNHAM ASSOCIATES
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Survey AssociatesInc. SCALE. " = 20' ✓OB
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'185 CENTRE STREET, DAIJVERS, MA. 01923 NO.
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