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18 FRANKLIN STREET - CONSERVATION COMMISSION —` — — 18 Franklin St. i i a 9- �l I 310 CSIk : Uf:PiAR I'!d F.^!"f Of f,r,V- lit HlNlf.NIAL. l,rtlAl.I j'. 10.99: Forms Form 1 Fcrm 1 DECE F4 ua. 1 ro C•crcwcea oy GE SEI m` G7rTawn Commonwealth 11 1 of hazsaonusetts • si;ran, c Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 1. I,the undersigned,hereby request that the Salem Conservation Commission make a determination ae 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.131,640. 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.( . 18 Franklin Street, Assessor' s Maps 26, Lot 400 3. The work in said areas described below.(Use additional paper,it necessary,to describe the proposed work.) The owner of the area, Charles Ferris , owns and operates a third class used car dealership as the owner of Charles Ferris Auto Service, Inc. Mr. Ferris stores used automobiles on the area . The land itself is a filled area derived from the operation of a rubbish disposal site along the North River maintained by the City of Salem for a period of several decaces earlier in this century. t.l 6/30/83 Vol. DL'PAR'IMEN'1' UC C?!'JIRORSI!i fJ'('AL t,;G�I L.fI'1' f.'JCI^:CI.I:I fiG 10.99: continued _ Form 1: continued 4. The owner(s)of me area,if not the person making this request.has been given written notificaticn of this recession (date) The name(st and address(esl of the owner(s): N/A 5, 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department at Environmental Cuality Engineenng on August. - 1 9 R 5 (date) Northeast - Soutleast 323 New Boston Street Lakeville Hospital _ Woburn,MA 01801 Lakeville,MA C2348 Central Western 75 Grove Street Public Health C=rier Worcester,MA 01605 University of Mgss.:chusetts Amherst.MA 01 903 6. 1 understand that nc!ifica Fen of this request will be placed in a kcal r=v.-cater at my expense in ac--r- dance with Section 10.05(3)(b) 1 of the regulaticns by the Conserva;icn Ccmmission and that I will be billed acccrdingly. Byhis attorney, - Signature Jh�'1Rf r¢d�.4/Orn�GkJ Charles Ferris Address _Sher_in__and Lod en ra 426-5720 100 Summer Street Boston, MA 02110 12 6/30/83 Vol. 12 - 222.2 8o Form 2 - DEQE Fite No. .;c\ (To be provided by DEQE) .l Commonwealth qb Town Salem ( of MassachusettsCharles Ferris Applicant Determination of Applicability Massachusetts Wetlands Protection Act, G.L c. 131, §40 Fro Salem Conservation Commission' Issuing Authority To Mr. Charles Ferris same. (Name of person making request) (Name of property owner) e Address 18 Franklin St. Address same This determination is issued and delivered as follows: 0 byhanddelivery to person making request on (date) by certified mail, return receipt requested on (date) Pursuant to the authority of G.L c. 131, §40,the has considered your request for a Determination of Applicability and its supporting documentation,and has made the following determination(check whichever is applicable): This Determination is positive: 1. a-/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,filling,dredging or altering of that area requires the filing of a Notice of Intent 2, p The work described below, which includes alUpart 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 There fore, said work requires the filing of a Notice of Intent. .. . 2.1 81 3. ❑ The work described below,which includes all/Dart of the work described in your request, is within the Buffer 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. p 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,dredge,or alter that area.Therefore, said work does not require the fling 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 firing of a Notice of Intent 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: Salem Conservation Commission Issued by Signatures � G 9 This Determination must be signed by a majority of the Conservation Commission. i ��4h day of tp Im 19 8S before me . On thi to me known to be the .personally app�� n �1 tY1� rye son de ribed in, and who exe uted, the foregoing instrument, and acknowledged that he/she executed / d eed. /�sCC his/her; act an the same @slhis/he � d I - 9- - Notzry Public My commission expires 1 ,.. This Determination tices 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 form the date of issuance. sed The applicant, equest the the owner,any person aggrieved by This Determination,any owner of land abutting me land upon which Mto r e proposed work d to be done,or any ten residents of the city or town a which such lwo is Determination of of Apo cabilityted.we hereby 'tied of providing theirright retouest s made i En ineenn to issue a superseding r uest Tal Qua/ g 9of the eq 1 Environmental H ;nation.A[o Department o E ; n days from the date of issuance of this Deterrt+ copy wim n le d delivery to the Department Y it or hen ry 1 certified ma and the Cam. ce n a applicant. b t Y shad al the same Hine be sent by certified mail or nand delivery to The Conservation commission 2.2A � C _� b Z �� %ON' Co,, 2 zConservatim Commissim � Salem. Massachusetts 01970 yASS� CITY OF SALEM CONSERVATION COMMISSION At a regularly scheduled meeting of the Conservation Commission to be held on Thursday, September 12, 1985 at 7 :30 p.m. , One Salem Green, second floor conference room, a Determination of the applicability of the Wetlands Protection Act (Mass. G.L. , Chap. 131 , Section 40) will be made on the application of Mr. Charles Ferris to store abandoned autos on the banks of the North River. �' � Philip D. Moran (/ Chairman September-T I y . so Form 2 DEOE Re No. .� ., (To be provided by DEOE) Commonwealth clty/Tav Salem of Massachusetts ACPR=" Charles Ferris Determination of Applicability Massachusetts Wetlands Protection Act, G.L c. 131, §40 From Salem Conservation Commission r Issuing Authority To Mr. Charles Ferris same. (Name of person making request) (Name of property owner) Address 18 Franklin St. Address same This determination is issued and delivered as follows: 0 byhanddelivery to person making request on (date) kYby certified mail, return receipt requested on (date) Pursuant to the authority of G_L c. 131, §40,the has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination (check whichever is applicable): ThisDete/urination is positive: 1. n The area described below, which includes ail/part of the area described in your request, is an Area Subject to Protc,;tion Under the Act.Thereiore, any removing, filling,dredging or altering of that.. area requires the filing of a Notice of Intent 2. O The work described below, which includes a]Vpart of the work described in your request, is within an Area Subject to Protection Under the Act and will remove,fill, dredge or atter that area There- . fore, said work requires the filing of a Notice of Intent. .... 21 8o Form 2 - DEOE Re No. (To Da provided by DEOE) a. ! Commonwealth clty/Tow Salem of Massachusetts Charles Ferris � Mp�� Determination-of Applicability Massachusetts Wetlands Protection Act, G.L c. 131, §40 Fro Salem Conservation Commission' Issuing Authority To Mr. Charles Ferris same. (Name of person making request) (Name of property owner) Address 18 Franklin St. Address same This determination is issued and delivered as follows: ❑ byhanddelivery to person making request on ---tdate) Eby certified mail,return receipt requested on (date) Pursuant to the authority of G.L c. 131, §40,the has considered your request for a Determination of Applicability and its supporting documentation, and has made the following determination(check whichever is applicable): This Determination is positive: 1. The area described below, which includes ail/part of the area described in your request,is an Area Subject to Protrotion Under the Act.Therefore, any removing, filling, dredging or altering of that area 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 wfthm an Area Subject to Protection Under the Act and will remove,fill, dredge or atter that are-e.There-.., i. tore, said work requires the filing of a Notice of Intent. 2-1 Si 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 Subject to Protection Under the Act.Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: ❑ The area described in your request is not an Area Subject to Protection Under the Act. 1.2, ❑ The work described in your 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 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 retuire the filing of a Notice of Intent. 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: Salem Conservation Commission issued by Signatures U This Determination must be signed by a majority of the Conservation Commission 4 ('Y\ t g g � before me . On this2� day of to me known to be the u rwri -p n �I ,i Rersonallyapp Berson de ribed in, and who executed, the foregoing instrument, and acknowledged that he/she executed i tho'same hislher fre act and eed. 'i .Notary Public My commission expires t from complying with all other applicable federal,state or local statutes,ordinances. This Determination does not relieve the apolican by-law's a regulations.This Determination shall be valid for three years form 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 LS!o be done,or any ten residents of the city or:own in which such land is located,are hereby notified of their right to request the Departmeni of Environmental ouality Engineering to issue a Superseding Determination of Applicability.providing the reeuest is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this DetemlinatiDn.A copy of the request shall at the same time be sent by certified mail or hand cellvery to the Conservation Commission and the applicant. 2-2A f �//e�tcn�t�r�re`enG a��zco� WrerrfczG��ecd, �ivizcek�:a� �; ///lels«�zo�iCapprlr �:fJodGu�� _ �/Varr���/�eaaG S. RUSSELL SYLVA 5 �Uarru�z2n`ul�e-al/[� Jx4eoute, Gommiseioncr �LU/a�(!,/VL� c��' ILGLC�JA,CdPI„Idi 61 '61-'t. 935-2160 April 7, 1986 ANH n 1986 SALEM . I Charles Ferris RE: WETLANDS/SALEM 18 Franklin Street Property at 18 Franklin Street Salem, MA 01970 Superseding Determination of Applicability n Dear Mr. Ferris: The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Quality Engineering has completed its review of the above-referenced file pursuant to the issuance of a Superseding Determination of Applicability. Under the provisions of the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40, specifically 310 CMR 10.05(7), the Department is issuing the enclosed positive Determination based upon: 1) the information submitted, 2) information gathered during the on-site inspection and 3) reasons the Department has deemed necessary to protect the statutory interests identified in the Act. The area described in your Request for Determination of Applicability consists of that parcel of previously developed lard adjoining the west bank of the North River at 18 Franklin Street in Salem. The work described in your Request for Determination of Applicability consists of the ongoing use of the property at 18 Franklin Street for the storage of salvaged and used automobiles incidental to the operation of that business known as the Charles Ferris Auto Service, Incorporated. Your October 2, 1985 letter of appeal objecting to the Salem Conservation Commission's positive Determination of Applicability was based upon claims that: 1) I you are not conducting any activity which could be described as filling on the site and 2) there is minimal to no discharge of pollutants from those automobiles being stored on the site. .. The Department's review of the file arra on-site inspection confirm that the property at 18 Franklin Street contains the following Areas Subject to Protection Under the Act: 1) Coastal Beach (including tidal flat) , 2) Coastal Bank, 3) Land Containing Shellfish, 4) Land Subject to Tidal Action and 5) Land Subject to Coastal Storm Flowage. In accordance with the Wetlands Protection Act and its Regulations, each of the forementioned Areas are presumed to be significant to one or more of the following statutory interests identified in the Act: 1) flood ; control, 2) storm damage prevention, 3) protection of land containing shellfish and 4) protection of marine fisheries. f Page -2- 18 Franklin Street Salem, MA The Deparmtent's inspection of the property at 18 Franklin Street confirmed that used and salvaged automobiles are presently being stored within Land Subject to Coastal Storm Flowage and within the Buffer Zone to Coastal Beach, Coastal Bank, Land Containing Shellfish and Land Subject to Tidal Action. The Department's site inspection also confirmed that portions of the land surface on the property are characterized by observable concentrations of hydrocarbons. The Department is of the position that the interim storage of used and salvaged automobiles on a land surface for purposes of conducting a related business does not constitute filling as defined by the Wetlands Protection4Act Regulations, since materials are not actually being deposited so as to raise the elevation of the land surface and since the automobiles are being stored in such a manner as to allow limited flowage of storm waters beneath and around the automobiles. However, the Department is of of the position that the storage of used and salvaged automobiles in an Area Subject to Protection Under the Act or Buffer Zone thereto in such a manner as to allow the passive discharge of pollutants to the degree of altering the chemical characteristics of said Areas does constitute an altering activity, thus requiring the filing of a Notice of Intent for corrective measures (such as containment berms, gas and oil trap catch basins, etc. ) Although the Department is of the position that there exists a direct pathway for pollutants from that area on which automobiles are stored to the waters of the North River, the enclosed Superseding Determination of Applicability is in no way intended to serve as a definitive statement that pollutants are presently being discharged onto the land surface or that any such pollutants are presently being introduced into the waters of the North River in high enough concentrations as to pose a threat to the interests identified in the Act. The Department is of the position that more supporting data (including, but not necessarily limited to, soil and water analyses) is necessary to ascertain whether the existing situation at 18 Franklin Street constitutes a violation of the Act and whether any such violation warrants the implementation of corrective measures. The Department is of the position that the enclosed positive Determination of Applicability serves to protect those statutory interests identified in the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40. However, the Department reserves the right, should there be further proceedings in this case, to raise additional issues and present further evidence as may be appropriate. Should you or any concerned party dispute these findings, your attention is directed to the language at the end of the enclosed Determination specifying the rights and procedures for appeal. Page -3- 18 Franklin Street Salem, MA Should there be any further questions in this matter, please contact Mr. Martin Mitchell at 935-2160. Very truly yours, William'A. Krol, P.E., Deputy Regional Environmental Engineer WAK/mn/cd cc: Salem Conservation Commission, City Hall, Salem, MA 01970 Thomas Paul Gorman, Esq., Sherin & Lodgen, 100 Sumner Street, Boston, MA 02110 Enclosures i i E i a I +. 1 S. RUSSELL SYLVA 5 Zo /� ,S�YtRerue� Commissioner 935-2160 t I 0&tober 21, 1985 U, ( 3 zoo Charles Ferris SALEP" p'1,1;!!;2 DEPT• RE: WETLANDS/SALEM Charles Ferris Auto Service, Inc. Property at 18 Franklin Street 18 Franklin Street Receipt of Appeal/Notice of Salem, MA 01972 Site Inspection Dear Mr. Ferris: The Department of Environmental Quality Engineering is in receipt of your Appeal dated October 2, 1985 regarding the above-referenced project. In accordance with Massachusetts General Laws, Chapter 131, Section 40 and in preparation to issuance of a Superseding Determination of Applicability the Department has scheduled a site evaluation with you and all concerned parties. The purpose of this site evaluation is to determine if the area is significant to the interests of the Act and to informally discuss the issues relevant to the referenced project. Mr. Martin Mitchell from the Division of Wetlands will be on " site at 10:00 a.m. on Friday, November 1, 1985. No activity may commence on any portion of the project subject to the jurisdiction of the Wetlands Protection Act, Massachusetts General Laws, Chapter ? 131, Section 40 until this Department has issued a Superseding Determination of 1 Applicability and all appeal periods have elasped. If you have any questions regarding this matter, please contact Mr. Martin i Mitchell at 935-2160. 's Very truly yours, } John Felix, Acting Wetlands Section Chief 1 JF/bm/cd cc: Salem Conservation Commission, City Hall , Salem, MA 01972 Thomas Paul Gorman, Atty. , Sherin & Lodgen, 100 Summer Street , Boston, MA MA 02110 4 " Form 2 DEQE File No. �— A LL (To be provided by.DEQE) -- Commonwealth City/Town Salem of Massachusetts Applicant Charles Ferris Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Department of Environmental Quality Engineering Issuing Authority To Charles Ferris. Same" (Name of person making request) (Name of property owner) Address 18 Franklin St. , Wpm, MAAddress came This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) CX by certified mail,return receipt requested on April 7, 1986 (date) Pursuant to the authority of G.L. c. 131, §40,the Department has considered your request for a Determination of Applicability and its supporting documentation,and has made the following determination(check whichever is applicable): 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 the Act.Therefore,any removing,filling,dredging or altering of that i area requires the filing of a Notice of Intent. That portion of the property at 18 Franklin Street below ten (10) feet elevation NGVD is classified as Land Subject to Coastal Storm- Flowage (i .e. , a FEMA - designated AZ zone). i within work described In our request, s 2. ❑ The work described below, which includes a)))part oftheY q an Area Subject to Protection Under the Act and will remove,fill, dredge or alter that area. There- fore,said work requires the filing of a Notice of Intent. The storage of salvaged automobiles in Land Subject to Coastal Storm Flowage in such a manner as to allow the passive discharge of pollutants into the waters of the North River and to the degree of altering the chemical characteristics of said waters requires the filing if a Notice of Intent for corrective measures. .s 2.1 i 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 Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. The storage of salvaged automobiles within the Buffer Zone to Coastal i Bank, coastal Beach(including tidal flat) and Land Containing Shell- j fish in such a manner as to allow Zile passive discharge of pollutants int waters of the North River and to the degree of altering the chemical This Determinaionisnegative: characteristics of said waters. 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,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. 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 the Dep�/rt9f Enviropment ality Engineering. Signature William A. ro P.E. De ut :Reiooal Environmental Engineer April On this / day of 19 86 , before me personally appeared William A. Krol ,P.E. , Dep. Reg. Env. Eng. tome 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 ct and deed. ✓ Z,1t� - 1 X91 Notary Public My commission expires This Superseding Determination does not relieve the applicant from complying with all other applicable federal,state or local statutes, ordinances,by-laws or regulations.This Superseding Determination shall be valid for three years from the date of issuance. The applicant,the owner,any person aggrieved by this Superseding Determination,any owner of land abutting the land upon which the proposed work is to be done,or any ten persons pursuant to G.L.c.30A,§10A,ere hereby notified of their right to r6quest an adjudica- tory hearing pursuant to G.L.c.30A,§10,providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Superseding Determination,and is addressed to:Docket Clerk,Office of General Counsel. Department of Environmental Quality Engineering,One WiinterStreet,Boston,MA 02108.A copy of the request shall at the same time be sent by certified mail or hand delivery to the conservation commission,the applicant,and any other party. A Notice o1 Claim for an Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR 1 1.01(6),and shall contain the following information: (a) the DEQE Wetlands File Number,name o1 the applicant,and address of the project; (b) the complete name,address and telephone number of the party filing the request,and.if represented by counsel,the name and I address of the attorney; i (c) the names and addresses of all other parties,it known; ,? (d) a clear and concise statement of(1)the facts which are grounds for the proceeding,(2)the objections to this Superseding Deter- mination,including specifically the manner in which it is alleged to be inconsistent with the Department's Wetlands Regulations. (310 CMR 10.00)and(3)the relief sought through the adjudicatory hearing,including specifically the changes desired in the Superseding Determination; (e) a statement that a copy of the request has been sent to the applicant,the conservation commission and each other party or repre. sentative of such party,if known. Failure to submit all necessary information may result in a dismissal by the Department of the Notice of Claim for an Adjudicalory Hearing. 2.2B i S SHERIN AND LODGEN ARTHUR L. SHERIN PAUL MELROSE MORTON B. BROWN' 100 SUMMER STREET •• GEORGE E. LO DGEN GEORGE WALDSTEIN JOHN M. REED BOSTON, MASSACHUSETTS 02110 IR•aIan ROBERT J. MULDOON,JR. ALETTE E. REED IBM)4 6-5T0 THOMAS J.RAFTERY IN CALIFORNIA: PAUL R. GUPTA••• 500 SOUTH SEPULVEOA BLVD. JOSHUA M.ALPER LOS ANGELES. CALIFORNIA 90049 GARY M. MARKOFF (21a)471-8266 THOMAS PAUL GORMAN BRYAN G. KILLIAN CONSTANCE M. HILTON DAVID A. GUBERMAN ' MARK A. NOWAK I - JOHN M. PEREIRA PHYLLIS FINE MENKEN DANIEL B.WINSLOW BARBARA O'DONNELL 'ADMITTED IN FLA.AND MA. "ADMITTED IN CAL.AND MA. May 23 , 1985 •••ADMITTED IN N.Y_AND MA. Philip D. Moran, Chairman Salem Conservation Commission Salem City Hall 93 Washington Street Salem, Massachusetts 01970 \ Re: Ferris Auto Sales ; S Franklin Street _ Dear Mr: Moran: We represent Mr. Charles Ferris d/b/a Ferris Auto Sales on Franklin Street in Salem. We are in receipt of your letter of May 13 , 1985 requesting that Mr. Ferris cease the storage of automobiles on his "property along the North River . . in violation of Wetlands Protection Act, M.G.L. c. 131 ; §40 . " As you know, Mr . Ferris has operated his auto yard on this site for approximately thirty-five years on land purchased from the City of Salem. The land itself is a filled area derived from the operation of a garbage disposal site along the North River maintained by the City of Salem for a period of several decades earlier in this century. Having reviewed M. G.L. c. 131 , §40 et seq. , together with the Regulations promulgated by the Department of Environ- mental Quality Engineering at 310 C.M.R. , §10 . 00 , we hereby request that the Conservation Commission provide us with a more precise statement as to the extent and type of the activity which the Conservation Commission alleges is in violation of the Wetlands Protection Act , together with a specific refer- ence to the statutory or regulatory provisions on which the Conservation Commission relies . v SHERIN AND LoDGEN May 23 , 1985 Philip D. Moran, Chairman Page Two We would greatly appreciate this information in order that Mr. Ferris may take any steps which may be necessary to comply with the applicable provisions of_ the Wetlands Protec- tion Act. Thank you for your cooperation in this matter. Very truly yours, ✓'�;il Gt k �L�, i i i/�ice' Joshua M. Alper JMA/sl cc : Ms . Dale Yale CERTIFIED MAIL RETURN RECEIPT REQUESTED nP 579 475 248 , 2n N � � 4 SHERIN AND LODGEN PAUL MELROSE ARTHUR L. SHERIN MORTON B. BROWN- 100 SUMMER STREET 1946 I964 GEORGE WALDSTEIN'• GEORGE E. LODGEN JOHN M. REED BOSTON, MASSACHUSETTS 02110 Iso e.isn ROBERT J. MULDOON.JR_ ALETTE E. REED (61T 426-5720 THOMAS J. RAFTERY IN CALIFORNIA: PAUL R. GUPTA... 500 SOUTH SEPULVEDA BLVD. JOSHUA M.ALPER LOS ANGELES, CALIFORNIA 90049 GARY M. MARKOFF F (213)471-8266 THOMAS PAUL GORMANL.r BRYAN G. KILLIAN BARBARA S. GARD y{, CONSTANCE M. HILTON /;UG 1 9 Hbb DAVID A.GUBERMAN O p MARK A. NOWAK August 8 , 1(1'985 JOHN M. PEREIRA SALEM PLAf4N NG DEPT. PHYLLIS FINE MENKEN Certified Mail DANIEL B.WINSLOW BARBARA 0 DONNELL BARBARA M.THEBERGE -ADMITTED IN FLA. AND MA. --ADMITTED IN CAL,AND MA. ***ADMITTED IN N.Y.AND MA. Philip D. Moran, Chairman Salem Conservation Commission Salem City Hall 93 Washington Street Salem, Massachusetts 01970 Re: Charles Ferris : Ferris Auto Service, Inc. Dear Mr. Moran: This firm and the undersigned represent Mr. Charles Ferris, who has operated a used auto dealership known as Charles Ferris Auto Service, Inc. , at 18 Franklin Street, in Salem, for the past 35 years . Mr. Ferris has received a copy of your Enforcement Order, which, as described by Mr. Moran, prohibits the storage of automobiles along the North River. By letter dated May 23, 1985, we requested further information in connection with the order. Having reviewed your response, and pursuant to 310 C.M.R. 10 . 05 ( 3 ) , we respectfully request a determination of (non)applicability, and have enclosed a Request for a Deter- mination of Applicability (Form 1 ) under the Massachusetts Wetlands Protection Act. In support of his request, Mr. Ferris states that (1 ) he is not conducting the activity described in the Order ( "fill used within 100 ' of a coastal wetland" ) , and ( 2 ) there is no seepage of oil and other fluids, in any event, from the auto- mobiles referred to in the Order. Please contact the undersigned if you need any further information. Thank you for your assistance in this matter. SHERIN AND LoDGEN Page Two Philip D. Moran, Chairman I certify that by copy of this letter, we have given notice of this request to the local office of the Department of Environ- mental Quality Engineering. Very truly� yours, y `7iL�/W.tdIC /�LGGQ?�-fit_ Thomas Paul Gorman TPG:JCB Enclosure cc: Mr. Charles Ferris z _ Conservatim Commissim 4� Salem. Massachusetts 01970 f, ASS, NOTICE OF MEETING CONSERVATION COMMISSION You are hereby notified that the Salem Conservation Commission will hold its regular meeting on Thursday, September 12, 1985 at 7 :30 p.m. , One Salem Green, second floor conference room. Philip D. Moran Chairman AGENDA 1 . Determination of Applicability - Ferris, Frankli st. - 2. Public Hearing - Dr. Kart, 204 Highland Ave. 3 . 4. Public Hearing - McNeil, Collins Cove 5. Approval of Minutes 6. Old/New Business � I . � •- ' __ JIe�LLc��irLeiL� �e��.�✓Le�Ge6, ��1� e ¢iLL� (oaf (oaLae ���LiLe oLd�ora�o� j�,1 EM PLAP�Uti�G DEPT. 92 J4�aeiLL�e, Ja�irz 07970 September 23, 1985 Ms. Dale Yale Salem Conservation Commission One Salem Green Salem, MA 01970 Dear Dale, This letter is to confirm the information we discussed in our telephone conversation on September 19, 1985, relative to shellfish in the North River, Salem. Last year I harvested soft shell clams on two occasions from the inter- tidal area of Salem's North River. Approximately 1/2 bushel of clams was taken on December 20, 1984 and another 1/2 bushel on December 27, 1984. These shellfish were used in a research project at the University of Lowell. The exact sampling location is described on the attached map. If I can be of further assistance please give me a call. Sincerely, _elfin ussell Iwanowicz iMarine Fisheries Biologist :mg Attachment A t N� �-rP a � ✓ \ �k e eenl n JPO �'e_ • .f / CJ�.' it Lia" HHHHHH"'''' �•• 's Tidsl J .. 1 ,e 4710 - �ta�,I �'°'rou / I.L: r• o i / l n.` O ♦ �r4stq • /,/ /� t.. ./'� Ale ®(Dwn +� � d / � Y • M '�, >e t r it 3/ i --09 Y \t<D1rbr @rl I � o uta m J �v Y I1 >t L) - I alme rd� t / 08 4 47 s k - . qbly r� l For R+ r r-7 0 In K1, >l picker -- I� z ��111 ss� ,r ♦ y p� I Olfi OUr6@0 lL I, +Id g1a�/ � 007000m.N 42°30' LYNN 25 Ml. l42 5fj. 343 344 • Rio ceow c s nv r,wwsn m n,o.c +szz �q,i._ 3 Doom � 70°52'30" �J + • $WAMP$COTT 2.3 M1 45 'E y� ROAD CLASSIFICATION v �� P 'i. 1 MILE/ $m¢ _ Primary highway, Light duty road, hard or conn roon rEET . 1191'1 'llr{l�� Im rlfOvnr{ 91ftA,P COP' PAUL MELROSE SHERIN AND LODGEN MORTON B. BROWN• ARTHUR L. SHERIN GEORGE WALDSTEIN•• 100 SUMMER STREET �sAslsa• JOHN M. REED BOSTON, MASSACHUSETTS 02110 GEORGE E, LODGEN ROBERT J. MULDOON,JR, ieas �sn ALETTE E. REED - (61TI 42B 520 THOMAS J. RAFTERY PAUL R.GUPTA••• GEORGE R. SHEA.JR. JOSHUA M. ALPER - TELEX 5101013048 Or COUNSEL GARY M. M A R K O F F TELECOPIER(6T 542-5186 BRYAN G. KILLIAN THOMAS PAUL GORMAN IN CALIFORNIA: BARBARA S. GARD 900 SOUTH SEPULVEOA BLVD. DAVID A. GUSERMAN LOS ANGELES. CALIFORNIA 90049 MARK A. NOWAK (213)471 6266 JOHN M. PEREIRA PHYLLIS FINE MENKEN DANIEL B.WINSLOW BARBARA O'DONNELL BARBARA M. THEBERGE JOHN H. WALLACE •ADMITTED IN FLA. AND MA, October 2 , 1985 I kiF-C�W1 �/ E7 ••ADMITTED IN CAL.AND MA. •••ADMITTED IN N.Y.AND MA. CERTIFIED MAIL ��€(V1 PLANNING DEPT. I RETURN RECEIPT REQUESTED Mr. John Felix Department of Environmental Quality Engineering 5 Commonwealth Avenue Woburn, Massachusetts 01801 Re : Charles Ferris Charles Ferris Auto Serivice, Inc. 18 Franklin Street, Salem Dear Mr. Felix: This is to request that the Department of Environmental Quality Engineering issue a Superseding Determination of Applicability in connection with the above-referenced property and the activities conducted thereon by Charles Ferris Auto Service, Inc. The Commission has recently issued a Determination of Applicability for the property. Mr. Ferris has operated a used auto dealership on the property for the past 35 years . The Salem Conservation Commis- sion had issued an Enforcement Order (a copy of which is attached ) prohibiting the storage of automobiles on the property, near the North River. Mr. Ferris thereafter filed his request for a Determination of Applicability, and the Commission has determined that the Act applies . I SHERIN AND LODGEN Mr. John Felix October 2, 1985 Page 2 In support of his request, Mr. Ferris states that (1 ) he is not conducting the activity described in the Order ( "fill used within 100 ' of a coastal wetland" ) , and ( 2 ) there is no or minimal seepage of fluids from the stored automobiles (gasoline and radiator fluids are removed from the cars prior to storage on the property) . I also certify that by copy of this letter, we have given notice of this request to the Conservation Commission. Very truly yours , Thomas Paul Gorman TPG/tar Enclosures cc: 4-SalemaCoriservat on_commission� Department of Environmental Quality Engineering (Boston Office ) Mr. Edward Ferris Extent and Type of Activity continued: It is the Commission's contention that storage (fill) of one or more of the above materials is present on the above—named property. Further contamination of the wetlands is occuring from the seepage of oil and other fluids from the accumulated stored automobiles. 104 Form 9' ' DEDE File No. jo be p.ovided by DECE) Commonwealth c;tyrro _ Sal wnem of Massachusetts Applkm t Enforcement order Massachusetts Wetlands Protection Act, G.L c. 131, §40 t From Salem Gnsnservation Comm,j,slnm 'IssuingAuthonty To Mr. Charles Ferris Date of Issuance June 27, 1985 Property lot/parcel number,address 18 Franklin St sP Traps ?F r rnn Extent and type of activity: Any fill used within 100' of a coastal wetland shall be clean fill containing no trash, refuse, rubbish or debris, including, but not limited to lumber, bricks, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. (See attached sheet) The ' Salem Conservat;n enmm 's has determined that the activity described above is in violation of the Wetlands Protection Act,G.L c. 131, §40,and the Regulations promulgated pur- suant thereto 3101CMR 10.00,because: Ly' Said activity has been/is being conducted without a valid Order of Conditions. 0 Said activity has been/is being conducted in violation of an Order of Conditions issued to _ dated Fie number Condition number(s) fJ Other(specify) The Salem Conservation Commission hereby orders the following: © The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. ID-'Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9-1 r` 60DK7827 PAGE 164 1� 104 Form 9' - DEQE File No. (To be provided by DEQE) �•-\ Q;ryj pro � Salem Commonwealth of Massachusetts Applicant Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 i From Salem Conservation Commission 9ssuingAuthority To Mr. Charles Ferris Date of Issuance June 27 1985 Property lotiparcel number,address 18 Franklin St. , AccPccnr'c Maps F T.nr Ann Extent and type of.activity. Any fill used within 100' of a coastal wetland shall be clean fill containing no trash, refuse, rubbish or debris, including, but not limited m' to lumber, bricks, pipe, tires, ashes, refrigerators, motor vehicles or c parts of any of the foregoing. (See ,attached sheet) The ` Salem Conservation Commission has determined that the activity described N above is in violation of the Wetlands Protection Act,G.L c. 131, §40,and the Regulations promulgated pu>- suant thereto 310lCMR 10.00,because: Q 9 'Said activity has been/is being conducted without a valid Order of Conditions. w f7 Said activity has been/is being conducted in violation of an Order of Conditions issued to dated Fie number Condition number(s) ❑ Other(specify) 0 COO The Salem Conservation Commission hereby orders the following: pifhe property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. ❑ . Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9-1 R0K7S27 PACE 1655 105 Completed application forms and plans as required by the Act and Regulations shall be filed with the Salem Conservation Commission onorbefore August 15 (date), and no further work shall be performed until a public hearing has been held and an Order of Conditions has b en issued to regulatesaid work.Application forms are available at Cly Scup m C0 htj' e property owner shall take every reasonable step to prevent further violations of the act. ❑ Other(specify) Failure to comply with this Order may constitute grounds for legal action. Massachusetts General laws Chap- ter 131,Section 40 provides: Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both. Each day or portion thereof of continuing violation shall constitutte`a separate offense. Questions regarding this Enforcement Order should be directed to: Issued by Salem Conservation Commission Signature(s) (Signature of-delivery person or certified mail number) 9-2 . . BOOK`7S�r PAGE 1sFi Extent and Type of Activity continued: It is the Commission's contention that storage (fill) of one or more of the above materials is present on the above-named property. Further contamination of the wetlands is occuring from the seepage of oil and other fluids from the accumulated stored automobiles. JUG1 � iyoD u as_Af S U SALEM PLANNING DEPT. ' � VPrYI�V' v? ro xx> ormrm ti mm ao —i xc x .: rte. c m x o Yt 1k \ —1 X m c co T T F- LA Q UIH o 00 0 o C -G Form 9' DEQE Fie No. ( o be Pia•bee by DEUEI ciry/7D ' Salem ( Commonwealth F _ of Massachuseris Enforcement Order Massachusetts Wetlands Protection Act, G_L c. 131 , §40 !Issuing AL^honty i From Salem Ce server ' rn ; =c;�n *ir. Charles Ferris To Cate of Issuance June 27 . 1985 rre�e y '3anc Tnr Gr)r) lot/parael number, address 9F extent and type of 2c7vrty: b" fill used within 1001 of a coastal wetlan6 shall be clean illi CO:liainln€ ° rubbish or debris, including, but not limited to lumber , re use. r� no trash. _ _ � .. br_cks , pipe, tires; ashes , refrigerator=_ , motor vehicles or par s o ten} Of the foregoing . (See attached sheet) : c-l r q rV^r i en r'rnrmi c c i nn hes deterrnine'J Ihaf the activity cescnbed InE Act, GL c. 'I §&C, and he neguiatiors promuicate4 pur- abovesin violation Of the W e tands Protection suant thereto '"i C1CMn 10.00, because: [/ttSaid activity has beenlis being conducted withoiY a valid Order of Conditions. r] Sa d ac5v ty has been/ls being conducted in violaon of an Crder of Condibors issued-to Fie number — Condition number(s) �j Other(specify) The Salem Conservation Commission hereby orders the following: Q� he property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. Wetland attentions resulting iron said activity shall be corrected and the site returned to its original con- dition. 0.1 xter.t and Tyre of Activity continued: It is the Commission' s contention that storage (fill) of one or more of the above materials is present on the above ' fromrtherseepage Further contamination of the wetlands is occuring of oil and other fluids from the accumulated stored automobiles. 104 Form 9' DEQE Fle No. `a (To be prov4eo Ey DEQE) Cityrrawn Salem Commonwealth of Massachusetts Apoi=M Enforcement Order Massachusetts Wetlands Protection Act, G.L c. 131, §40 1 From Salem Conservation Commission Issuing Authority To Mr. Charles Ferris Date of Issuance June 27, 1985 Property lot/parcel number, address 18 Franklin St Assessur' Maps ?6 for 400 Extent and type of activity: Any fill used within 100' of a coastal wetland, shall be clean fill containing no trash, refuse, rubbish or debris, including, but not limited to lumber, bricks, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. (See attached sheet) The ' Salem Conten ation Comm;c has determined that the activity described above is in violation of the Wetlands Protection Act, G.L C. 131, §40, and the Regulations promulgated pur- suant thereto 3101CMR 10.00,because: Said activity has been/is being conducted without a valid Order of Conditions. M Said activity has been/is being conducted in violation of an Order of Conditions issued to dated File number. Condition number(s) O Other(specify) The me� Salem Conservation Commission hereby orders the following: Ul- a property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. all-wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9-1 105 ❑ .Completed application forms and plans as required by the Act and Regulations shall be filed with the Salem Conservation Commission onorbefore August 15 (date), and 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.Application forms are available at Enclosed Ed" The property owner shall take every reasonable step to prevent further violations of the act: ❑ Other(specify) Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap- ter 131,Section 40 provides: Whoever violates arty provision of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both. Each day or porton thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: Issued by Sal Conservat 'on Commission Signatures) — v (Signature of-delivery person or certified mail number) 9-2 .tXoN Z Censer c i O` • r� fi Salem. Massachusetts 01970 ASS July 12, 1985 Mr. Joshua Alper Sherin and Lodgen 100 Summer Street Boston, MA. 02110 Re: Ferris Auto Sales, Franklin Street, Salem Dear Mr. Alper: Enclosed please find a copy of an Enforcement Order issued to Mr. Charles Ferris on June 27 , 1985. Also enclosed is a copy of the receipt issued by the Essex County Registry of deeds when the Order was recorded. When the Registry forwards a copy of the recorded Order, one will be forwarded to you. I would be happy to discuss this with you further if you wish. Sincerely ours, Philip D. Moran Chairman cc : Mr. Ferris IC Extent and Type of Activity continued: It is the Commission's contention that storage (fill) of one or more of the above materials is present on the above-named property. Further contamination of the wetlands is occuring from the seepage of oil and other fluids from the accumulated stored automobiles. F+ m CI —I S xx> or- - mrm ti mm .or zcn —� orio � G-) coco H to yx N co m x o aC 1i \ — x m m z r cn -c n z Cl �-- N rJ r= C ,M o a o 0 0 o m z —1 .A e o 0 0 0 co� SHERIN AND LODGEN PAU L.M E LROSE ARTHUR L. SHERIN MORTON B. BROWN• 100 SUMMER STREET iaa pla s< GEORGE WALDSTEIN'• GEORGE E. LODGEN JOHN M. REED BOSTON, MASSACHUSETT502110 ,aa sla Ti ROBERT J. MULDOON,JR. ALETTE E. REED - IBM 426-5T20 THOMAS J. RAFTERY PAUL R. GUPTA"' IN CALIFORNIA: JOSHUA M.ALPER 500 SOUTH SEPULVEDA BLVD. GARY M. MARKOFF � Los ANGELES, CALIFORNIA 90049 THOMAS PAUL GORMAN (213)471-8266 BRYAN G. KILLIAN CONSTANCE M. HILTON DAVID A.GUBERMAN MARKA. NOWAK JOHN M. PEREIRA PHYLLIS FINE MENKEN DANIEL B. WINSLOW BARBARA O'DONNELL ' 'ADMITTED IN FLA. AND MA. "ADMITTED IN CAL.AND MA. "'ADMITTED IN N.Y.AND MA. May 23, 1985 Philip D. Moran, Chairman Salem Conservation Commission Salem City Hall 93 Washington Street Salem, Massachusetts 01970 Re: Ferris Auto Sales ; Franklin Street Dear Mr. Moran: We represent Mr. Charles Ferris d/b/a Ferris Auto Sales on Franklin Street in Salem. We are in receipt of your letter of May 13 , 1985 requesting that Mr. Ferris cease the storage of automobiles on his "property along the North River . . in violation of Wetlands Protection Act, M.G.L. c. 131 , §40 . 11 As you know, Mr. Ferris has operated his auto yard on this site for approximately thirty-five years on land purchased from the City of Salem. The land itself is a filled area derived from the operation of a garbage disposal site along the North River maintained by the City of Salem for a period of several decades earlier in this century. Having reviewed M.G.L. c. 131 , §40 et seq. , together with the Regulations promulgated by the Department of Environ- mental Quality Engineering at 310 C.M.R. , §10 . 00 , we hereby request that the Conservation Commission provide us with a more precise statement as to the extent and type of the activity which the Conservation Commission alleges is iii violation of the Wetlands Protection Act, together with a specific refer ence to the statutory or regulatory provisions on which the Conservation Commission relies . SHERIN AND LoDGEN . May 23 , 1985 Philip D. Moran, Chairman Page Two We would greatly appreciate this information in order that Mr. Ferris, may take any ,steps which may be necessary to comply with the applicable provisions of the Wetlands Protec- tion Act. Thank you for your cooperation in this matter. Very truly yours , j Joshua M. Alper JMA/sl cc: Ms. Dale Yale CERTIFIED MAIL RETURN RECEIPT REQUESTED #P 579 475 248 0 $K)S COY z Conservation Commission N _Salem. Massachusetts 01970 �'S1dS5DC� - May 13, 1985 Mr. Charles Ferris 18 Franklin Street Salem, MA. 01970 Dear Mr. Ferris: - This is to inform you that the storage of autos on your property along the North River is in violation of the Wetlands Protection Act, Mass.. G.L. Chapter 131 , Section 40. The Conservation Commission respectfully requests that this situation be rectified immediately. We would prefer the matter be settled in an amicable manner without resorting to legal means. Please contact our Staff Person, Dale Yale, at 744-4580 if you have any questions or comments. The Commission wishes this situation to be corrected within thirty days. Sincerely yours, Philip D. Moran Chairman i SHERIN AND LODGEN PAUL MELROSE ARTHUR L. SHERIN MORTON B. BROWN- 100 SUMMER STREET lane-reee GEORGE WAL05TEIN•- GEORGEE. LODGEN JOHN M. REED BOSTON, MASSACHUSETTS 02110 realan ROBERT J. MULDOO N,JR. ALETTEE. REED THOMAS J. RAFTERY M17)426-5720 PAUL R.GUPTA•.. IN CALIFORNIA: JOSHUA M.ALPER 500 SOUTH SEPULVEDA BLVD. GARY M. MARKOFF LOS ANGELES, CALIFORNIA 90049 THOMAS PAUL GORMAN (213)471-8266 BRYAN G. KILLIAN CONSTANC E M. HILTON DAVID A.GUBERMAN MARK A. NOWAK JOHN M. PEREIRA PHYLLIS FINE MENKEN DANIEL B.WINSLOW BARBARA O"DONNELL -ADMITTED IN FLA.AND MA. --ADMITTED IN CAL.AND MA. •..ADMITTED IN N.Y.AND MA. May 23, 1985 Philip D. Moran, Chairman Salem Conservation Commission Salem City Hall 93 Washington Street Salem, Massachusetts 01970 Re : Ferris Auto Sales ; Franklin Street Dear Mr. Moran: We represent Mr. Charles Ferris d/b/a Ferris Auto Sales on Franklin Street in Salem. We are in receipt of your letter of May 13 , 1985 requesting that Mr. Ferris cease the storage of automobiles on his "property along the North River . . in violation of Wetlands Protection Act, M.G.L. c. 131 , §40 . " As you know, Mr. Ferris has operated his auto yard on this site for approximately thirty-five years on land purchased from the City of Salem. The land itself is a filled area derived from the operation of a garbage disposal site along the North River maintained by the City of Salem for a period of several decades earlier in this century. Having reviewed M.G.L. c. 131, §40 et seq. , together with the Regulations promulgated by the Department of Environ- mental Quality Engineering at 310 C.M.R. , §10. 00 , we hereby request that the Conservation Commission provide us with a more precise statement as to the extent and type of the activity which the Conservation Commission alleges is in violation of the Wetlands Protection Act, together with a specific refer- ence to the statutory or regulatory provisions on which the Conservation Commission relies . SHERIN AND LODGEN May 23 , 1985 Philip D. Moran, Chairman Page Two We would greatly appreciate this information in order that Mr. Ferris may take any steps which may be necessary to comply with the applicable provisions of the Wetlands Protec- tion Act. Thank you for your cooperation in this matter. Very truly yoursss,�Joshua M. Alper JMA/sl cc: Ms. Dale Yale CERTIFIED MAIL RETURN RECEIPT REQUESTED #P 579 475 248 City of Salem PLANNING DEPARTMENTzbgPTL, > One Salem Green Name k�M1�'Sxl^ Salem, Massachusetts 01970 I —^ -. 1+mss a,i;,,,atts. 9 ? t 1st Notice 2mm Notice, �1r PP SFS Mr. Char es Fe ris %. 18 Fran �m S oo°�c�. ,p` %,°."Oe. Salem, A 0 970 le!•9 , 9 V CP 54 216:055 i rR •SENDER: Complete items 1,2,3 and 4. e Put your addressin the"RETURN TO"space on the 3 reverse side.Failure to do this will prevent this card from tit being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of � delivery.For additional fees the following services are available.Consult postmaster for fees and check boa(es) for servicaiv)requested. J 1. Show to whom,date and address of delivery. 2. O Restricted Delfwxy. 3. Article Addrwpd to: ,� I` 4. Type of Service: Article Number M Registered ❑ Insured ❑ Certified O COD -P ❑ Express Mail Always obtain signature of addresseesr agent and DATE DELIVERED. pa fl§ignatUM—Addressee 3 � y 6. Signature—Agent X M 7. Date of Delivery C Z B. Addressee's address(ONLYt requeste a cepa a m m 9 -P 154 216 055 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) O Sent ton__ .r to .. A�;L. oStreet and Nqy m IU T� P.O.,State and LIP Cotl �l—t IV O V d C9 Postage $ C? * Certified Fee Special Delivery Fee Restricted Delivery Fee �I Return Receipt Showing to whom and Date Delivered Return receipt showing to whom, a Date,and Address of Delivery m TOTAL Postage and Fees $ LL . I, Postmark or Date E `o LL � N a STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST-CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(aee front) 1. If you want this receipt postmarked,stick the gummed stub an the left portion of the address side of the article 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 on the left portion of the address side of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address ona return receipt card, Form 3811,and attach it to the front of the article by means of the gummed ends if space permits.Otherwise,affix to back of article. Endorse front of article. RETURN RECEIPT REQUESTED adjacent to the number. a. 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 of this receipt.If return receipt is re- quested,check the applicable blocks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. 80 Foran 2 - DEOE File No. ,,- (To be provided by DEOE) ug, commonwealth city/To" SalemApplicantof Massachusetts Charles Ferris Determination'of Applicability Massachusetts Wetlands Protection Act, G.L c. 131, §40 Fro Salem Conservation Commission Issuing Authority To Mr. Charles Ferris same (Name of person making request) (Name of property owner) Address 18 Franklin St. Address same This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) by certified mail,return receipt requested on (date) Pursuant to the authority of G.L c. 131, §40,the has considered your request for a Determination of Applicability and its supporting documentation,and has made the following determination(check whichever is applicable): This Determination is positive: 1. [9 The area described below,which includes all/part of the area described in your request,is an Area Subject to Protc;;tion Under the Act.Therefore,any removing,filling, dredging or altering of that area requires the filing of a Notice of Intent. 2• ❑ The work described below, which includes alVpart 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 There- fore, said work requires the filing of a Notice of Intent. 2-1 S1 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 Subject 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 Ad. ' 2. ❑ The work described in your 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 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. 4. ❑ The area described in your request is Subject tor 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 Signatures This Determination must be signed by a majority of the Conservation Commission. 41l'1I I On this '9(_0f day f �-bM L' 19 8 S , before me personally appeared. 1 — hn M7- to me known to be the person de Bribed in, and who exe uted, the foregoing instrument,and acknowledged that he/she executed Fe Same his/her fre act and Bed. ,' g-9 - gk 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 Determinalion shall be valid for three years form 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;own in which such land is located.are hereby notified of their right to request the Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability.providing the request is made by certified mail or hand delivery to the Department 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