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12 FRANKLIN STREET - CONSERVATION COMMISSION NFL DOA- 12 Franklin St, ' r i v 310 CMR 10.99 DEP File No. Form 2 (To be provided by DEP) city/Torn Salem Applicant Robert M. Owen III Commonweal th of Massachusetts Date Request Filed 10/7/97 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Salem Conservation Commission Issuing Authority To Robert M. Owen III Sally Byors (Naame.of Person making request) (Name of property owner) P.Address Marblehead MA 01945 Address 27 Haley Rd. , Marblehead MA This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) ® by certified mail, return receipt requested on 12/3/97 (date) Pursuant to the authority of G.L. c.131, §40., 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 12 Franklin St. Lot Number: Map 26 Lot 404 This Determination is positive. ' 1. 0 The area described below, which includes all/part of the area described in your request, is an Area Subject to Protection Under the Act. Therefore, any removing, filing, dredging or altering of that area requires the filing of a Notice of Intent. Note: project subject to the Rivers Protection Act when filing 'a Notice of Intent. 2 . 0 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 11/10/69 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 will alter an Area Sub3ect to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. 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 Protectiou 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 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 Notice of Intent. a . ❑ 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) This Determination must be gned by a majority of the Conservation Commission. On this l3rr day of November lg 97 , before me personally appeared the above mentionpd 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. LI '_ . 2��C-9 Cc-E e5, 19 900- tary Public My Commission Expires This Determination does not relieve the applicant from complying with all other applicable federal, state or _ ,local statutes,_ordin_a_nces_, by-taws 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 done, or any ten residents of the city or town in which such lend is located, are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding Determination of Applicability, providing the request is made by certified mail or hand 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 %01 CQI/ z Conservati Il Commissim Salem. Massachusetts 01970 Robert Owen From: MEMORANDUM From: Stephen Dibble, Conservation Admini tor- Subject: Litter removal 12 Franklin Street Date: December 8, 1997 Season's greetings: As per your request and to clarify our earlier conversations and those comments raised at the Public Hearing, I offer the following: Removal of nonburied trash and litter does not require Conservation Commission approval. However, 1 want to be clear that the removal and/or cutting of vegetation in a resource area, within a bufferzone, or within 200' of a river does indeed require Conservation Commission approval. I hope this clarifies the issue for you and meets your needs. concom\miscVmnklin 310 CMR 10 . 99 DNP File No. (1b be Pz ded by DEP) Form 1 o.0 Sri IEM CiCy/in^p ]Applicant Commonwealth of Massachusetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 1. I, the undersigned, hereby request that the Salem, MA Conservation Commission 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, §40. 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. ) Location: Street Address 12 Franklin Street Lot Number. n140 16 0 _ } 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work. ) i Boat Storage //1 Yacht Brokerage / Clernf� & l` V 4GIS� Cl P YI S `I- wp e Effective 11/10/89 4 . The owner(s� of the area, if not the person making this request, has been given written notification of this request on October 7 , 1997 (date) The name(s) and address (es) of the owner(s) : Sally Byors 27 Haley Road, Marblehead, MA 01945 5. I have filed a complete copy of this request with the appropriate regional off,jcxe� ' ajs�� f t'hMChusetts Department of Environmental Protection // (date) a t DEP Northeast Regional Office DEP Southeast Regional Office 10 Commerce Way 20 Riverside Drive Woburn, MA 01801 Route 105 Lakeville, MA 02347 DEP Central Regional Office DEP Western Regional Office. 75 Grove Street State House West, 4th Floor Worcester, MA 01605 436 Dwight Street .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- F' � Name 12,ne Address P . O. Box 1387 �Tlai�l� pad �a_Tel. 781-639-8458 plq NS" 1-2 Power Marine Robert M.Owen PO Box 1387 Marblehead MA 01945 617-639.8458c[ri Engine•Elec•Plumbing UNITED STATES POSTAL SERVICE I I Official Business PENALTY FOR PRIVATE USE TO AVOID PAYMENT OF POSTAGE,$300 Q I t Print your name, address and ZIP Code here Salern Planning Dept. 1 Salem tureen Salem, IslA. 01970 i � u ti mSENDER: • Complete items 1 and/or 2 for additional services. I also Wish to receive the m • Complete items 3,and 4a&b. following services (for an extra V w Print your name and address on the reverse of this form so that we can fee): '> m return this card to you. m >'• Attach this form to the front of the mailpiece,or on the back if space 1. El Addressee's Address N m 'does not permit. L • Write"Return Receipt Requested"on the mailpiece below the article number. 2. ❑ Restricted Delivery �• •m -'The Return Receipt will show to wham the article was delivered and the date c,delivered. Consult postmaster for fee. m 3. Article Addressed to: 4a. Article Number E �1, Zro� 691 7S a vw 4b. Service Type ¢ E ❑ R4egistered ❑ Insured W m 0 , K F0 050,mak Certified ❑ COD I V'at` � ❑ Express Mail E] Return Receipt for WWV`��GGII Ll Merchandise o OQ p 7. Date of Delivery ? i R5. Si na/ resseel 8. A dreAddress (Only if requested Y and fee is pe is paid) m gE U L 6. Signature (Agent) ~ 9 > PS Form 3811, December 1991 *U.S.GPO:tss3-352-714 DOMESTIC RETURN RECEIPT 2 P 268 691 , 739 r RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to OW 1 r m Street and No. a P.O.,State and ZIP Code N a Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N m Return Receipt showingwhom, Date.and Address of Delivery d. j TOTAL Postage and Fees S W Postmark or Date cn E 0 LL N a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, i CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(Lee front) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mall number and your name and address an a return receipt card,Farm 3811,and attach it to the front of the article by means o1 the gummed ends if space per- mits.Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front o1 this receipt. If return receipt is requested,check the applicable blocks In item 1 of Form 3811. 6. Save this receipt and present it it you make inquiry. *U.S.G.PO.19ee-23a5e5 COMMONWEALTH OF MASSACHUSETTS REC.,., JE EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAII2S�AY 1891 DEPARTMENT OF ENVIRONMENTAL PROTECTIO 19 METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFI6-Ent irn alem Plag Dept, WILLIAM F.WELD aa�� TRUDY COXE Governor Seery ARGEO PAUL CELLUCCI MAY 151997 DAVID B. STRUHS Lt. Governor Commissioner Mr. Craig C. Burnham C/o Franklin Street Realty Trust 26 Dearborn Street Salem, MA 01970 RE: Waterways Application No . W93-2180, maintain existing seawall , fill, ramp and pile-held floats North River, Salem ti Dear Mr. Burnham: The referenced application has been inactive since April 18 , 1995 . To complete the application file you must provide us with an Order of Conditions from the Salem Conservation Commission or provide us with information that good cause exists for delay of proceeding with the application. Since the application has been inactive for over two year, it is considered expired and unless we hear from you within thirty(30) days, pursuant to 310 CMR 9 . 11 (5) the application will be closed, your eligibility under the Amnesty Program will be revoked and a Penalty Assessment Notification (PAN) will be issued. Should you have any questions or comments on this matter, you may contact Ms . Provencal at (617) 932-7778 . ?Div. rely, A. Spragu ill E . Provencal on Chief nvironmental Analyst of Wetlands and Waterways Waterways Regulation Program cc : Salem Mayor and City Council Salem Conservation Commission Mr. Kevin Daley - Mr. Keith W. Kauppila 10 Commerce Way • Woburn,Massachusetts 01801 • FAX (617)932-7615 9 Telephone (617)932.7600 • TDD#(617)932-7679 ( COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE MAY 2 7 1997 WILLIAM F.WELD TRUDY COXE Governor,;.,t..; t %,ming Dept. Secretary ARGEO PAUL CELLUCCIIRA/��p ���� DAVID B. STRUHS Lt. Governor RIRl1 12 Comxntissioner Mr. Steve Dibble c/o Salem Conservation Commission City Hall Salem, MA 01970 RE : Chapter 91 Application File No. W96-5126 : Byors 12 Franklin Street, North River, Salem Dear Mr. Dibble : Enclosed, please find a copy of the Public Notice which was issued by the Department for the existing fill and riprap at 12 Franklin Street . We would appreciate a response from the Commission concerning their views on this site . The Department is only concerned, at this stage, with authorizing the existing riprap and fill for an Amnesty License . Mrs . Byors is aware that any future use proposed on this site will need to come in for another Chapter 91 license and review by the city agencies for approval . Thank you for your attention to this matter. Should you have any questions, please contact Ms . Provencal at (617) 932-7778 . Sincerely, aures A. Spra e J' 11 E. Provencal Section Chief nvironmental Analyst Div. of Wetlands and Waterways Waterways Regulation Program 10 Commerce Way 9 Woburn,Massachusetts 01801 • FAX (617)932-7615 • Telephone (617)932-7600 • TDD#(617)932-7679 r • • = COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENviRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION ONE WINTER STREET. BOSTON MA 02108 (617) 292-5500 WII=I=IAM F.WELD TRUDY COXE Governor Secrecary ARGEO PAUL CELLUCCI _ DAVID B. STRUHS ave Lt. Cmor - Commissioner June 19 , 1996 Ms . Sally Byors 27 Haley Road Marblehead, MA 01945 Re : Waterways License Application No. W96-5126 : Dear Ms . Byors : The Waterways Regulation Program (WRP) has received your application requesting authorization to perform certain activities in state waterways pursuant to G.L. Chapter 91, Waterways Licensing. The WRP has assigned your filing with the referenced application number. IT IS IMPERATIVE THAT YOU REFER TO THIS APPLICATION NUMBER WHENEVER YOU SUBMIT. OR REQUEST INFORMATION FOR THIS FILE. Attached is the WRP' s public notice for this application. You are required to publish this notice, at your expense, in the local. newspaper (s) having circulation in the area affected by the proposed activity. This notice must be published no later than the designated "Notification Date" for at least one day in the local newspaper (s) . There is a prescribed public comment period imposed from the date of publication. You are required to submit proof of publication to the WRP by sending a copy of the newspaper notice showing the date of publication or a letter from the newspaper indicating the date the notice was published. The WRP will concurrently notify the appropriate municipal officials of the proposed activity for their review and comment . The WRP cannot commence li�:ensing review and authorization until at least forty-five (45) days of%e-r. the municipality has been notified of this application. Also, should this project exceed the MEPA waterways thresholds, thereby requiring completion of the MEPA review process, the WRP will publish the public notice in the Environmental Monitor. Furthermore, pursuant to 310 CMR 9 . 00, Licensees are required to provide compensation for private use of structures (or fill) on Commonwealth tidelands which interfere with the rights of the public to use such lands . Said compensation includes, but is not necessarily limited to, the allowance of the public to pass on foot, for any lawful purpose, within the area of the subject property lying seaward of the high water mark . The WRP may contact the Applicant, if it has not already done so within the text of this letter, requesting information and/or possible revisions necessary to comply with this requirement . ;� Primed on Ret led Paper - 2 - Lastly, the WRP cannot begin review of this application for license issuance until the following information has been submitted to the file : X Proof of publication of the public notice X Expiration of the statutory 45 day comment period X Receipt of a valid Wetlands Order of 'Conditions X Receipt of the Municipal Zoning Certification Should you have any question with regard to the foregoing, please contact me at (617) 556-1151 . Sincerely., /� ill E. Provencal /License Reviewer Waterways Regulation Program CC : Salem Mayor and City Council Salem Conservation commission Salem Planning Board William Whooley, Harbormaster Office of Coastal Zone Management DEM, Ocean Sanctuaries Division of Fish' & Wildlife Massachusetts Historical Commission Division of Marine Fisheries Fred' s Boat Yard Burnham Associates WRP Application File (2) .. 1 DEPARTMENT OF ENVIRONMENTAL PROTECTION WATERWAYS REGULATION PROGRAM Notice of License Application pursuant to M.G. L. Chapter. 91 Waterways License Application No. W96-5126 Sally Byors Notification Date : July 8, 1996 Public Notice is hereby given of the application by Sally Byors to maintain existing fill and riprap at 12 Franklin Street in the Municipality of Salem in and over the waters of the North River. The lroposed use of thy- structure (s) and;/or fill is t ) provide shoreline stabilization and is a water-dependent use project . The Department will consider all written comments submitted thirty (30) days subsequent to the "Notification Date" in order to decide whether to grant authorization for the proposed activity pursuant to G. L. Chapter 91 . A public hearing may be held upon request by the Municipal Official . Furthermore, a municipality, ten citizen group or any aggrieved person that has submitted written comments may also petition to intervene to become a party before the close of the comment period. Failure to submit such petition will result in the waiver of any right to an adjudicatory hearing. Further information regarding this application may be obtained by contacting the Division at (617) 292- 5695 . Plans and documents for this application are on file with the Department for public viewing, by appointment only, at the address below. Written comments must be submitted to: John A. Simpson, Program Chief, DEP/Waterways Regulation Program, .One Winter Street , 8th Floor, Boston, MA 02108 . �0� LOCUS 400 .. a. M R eR D fF0 /3j26 f4S 52 , 3 LOT 4 43.8�a (12 FRANKLIN STREET REALTY TRUST , DAVID B. BYORS a SALLY R. BYORS, TRUSTEES) j LOT 5 LLo OT 6 N 42,300S.f. (DEBORAH R. (DEBORAH -0 a FRED T. R.&FRED T. ti KOZLOWSKI) KOZLOWSKI) N N MAP 26 )3 PARCEL 404 8,775sf. 6,50 MAP 26 MAP 26 N/F LEWIS M. Ar PAR. 405 PAR. 406 • 11 (0 M In 0) m 12.56' 163.78 45 : 3'. STREET VARIABLE WITH) � P CT B-5 9N ON THIS PLAN IS LOCATED ' COMPILED :TLANDS a FLOOD HAZARD K ry A %1 COMMONWEALTH OF MASSACHUSETTS EXECUTIVE OFFICE OF ENVIRONMENTAL AFFAIRS DEPARTMENT OF ENVIRONMENTAL PROTECTION METROPOLITAN BOSTON-NORTHEAST REGIONAL OFFICE WILLIAM F. WELD TRUDY COXE Govemor Secretary ARGEO PAUL CELLUCCI y�+.e� EIV JUN 2 7 1997 DAVID B. STRUHS Lt. Govemor JUL 01 1997 Commissioner Salem Planr=ng Dept. Mr. Steven Dibble c/o Salem Conservation Commission City Hall Salem, MA 01970 RE: Chapter 91 Application File No. W96-5126 : Byors 12 Franklin Street, North River, Salem Dear Mr. Dibble : On: May 12 , ' 1997, the Department sent you a copy of Mrs . Byors Public Notice and a request for assistance with the completion of Mrs . Byors Chapter 91 Amnesty license . .. : _, . . . . As the 'Department stated in it' s letter to' you. on May 12 ; 1997 we are only licensing the existing riprap _ and fill . located at the site . Mrs . Byors is aware that any future use on the site will need to obtain another Chapter 91 license and Order of Conditions from the Salem Conservation Commission. Please advise the Department and Mrs . Byors as to whether she needs to obtain an Order of Conditions for the existing riprap and fill or fill out a request for a Determination of Applicability. Thank your for your attention to this matter. Should you have any questions, please contact Ms . Provencal at (617) 932-7778 . Mrs . Byors may be contact at (617) 631-5481 . Sincerely, James A. Sprague ill E . 'Provencal Section Chief Environmental Analyst Div. of Wetlands and Waterways Waterways Regulation Program cc: Sally Byors - 10 Commerce Way 0 Woburn,Massachusetts 01801 0 FAX (617) 932-7615 0 Telephone (617) 932-7600 • TDD#(617)932-7679 i' I ?" z Conservation Commission Salem. Massachusetts 01970 yASSPF� OCT 1 G, L1.207 Sale; 5'r�, City of Salem Conservation Commission Will hold a public hearing for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40, at the request of Robert M. Owen, P.O.Box 1387, Marblehead, MA. The purpose of the hearing is to discuss the proposed clearing of trash, debris, and vegetation, the installation of Lynnpac stone, and boat storage/yacht brokerage at 12 Franklin Street. This hearing will be held on Thursday, October 23, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Fred Harney Chairman October 15, 1997 Please send bill to: Robert M. Owen P.O.Box 1387 Marblehead, MA 01945 sd\concom\ads\102397