FREEMAN ROAD - CONSERVATION COMMISSION =a,L 'Road
J
'L Form 2 "
DECE Fi{e No.
(To be provided by CECE)
Commonwealth Ci-,y/Town-
SALEM
of Massachusetts Applicant Ralph Salvo
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. 0. 131 , §40
From Salem Conservation Commission Issuing Authority
TO Mr Ral nh Salvo Ha i fad Raanml ai l , Srana=f-f i , Salvo
(Name of person making request) (Name of property owner)
Address 9� Intervale Road, SalemAddress Freeman Road, Salem
This determination is issued and delivered as follows:
O by hand delivery to person making request on (date)
:a by certified mail, return receipt requested on (date)
Pursuant to the authority of G.L. c. 131 , §40,the Salem Conservation Commission
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. ISI% The area described below, which includes all/part of the area described in your request,is an Area
Subject to Protcotion Under the Act.Therefore, any removing,filling,dredging or altering of that
area requires the filing of 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.There-
fore, said work requires the filing of a Notice of Intent.
C
2.1
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 Act.
2. ❑ The work described in your request is within an Area Subject to Protection Under the Act, but will
not remove,till,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 SALEM Conservation Commission
Signature(s) ^ft��
This Deter nml aeon-must�gned a majority of the Conservation Commission.
On this 2 day of September 19 84 before me
personally appeared the above-named persons ,to me known to be the
person d scribed,in, and who executed, the foregoing instrument,and acknowledged that he/she executed
the sam as his/her ree act a d deed.
9-9-88
Notary Public My commission expires
f
i
This Determination does not relieve the applicant from complying with all other applicable federal,slate or local statutes,ordinances,
by-laws or 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 fand 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
Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability,providing the request is made C_
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
-71
Form 2 "
DEOE File No.
do be provided by DEOE)
y SALEM
(;=_=r-�-,�—.=T Commonwealth a, rtown
:!;_.
c,' of Massachusetts Applic�t
JRalph Salvo
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Salem Conservation Commission Issuing Authority
TO Mr Ralph Salvn RAnJfAn, Raancnloil SrAnarnttir SalVO
(Name of person making request) (Name of property owner)
Address 9� Intervale Road, Salem Address Freeman Road, Salem
This determination is issued and delivered as follows:
0 by hand delivery to person making request on (date)
C :B by certified mail, return receipt requested on (date)
Pursuant to the authority of G.L. c. 131, §40,the Salem Conservation Commission
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 . p/ 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. O 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.There-
fore,said work requires the filing of a Notice of Intent.
2-1
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. D The area described in your request is not an Area Subjectto 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 SALEM Conservation Commission
Sionature(s)
V
� 4
This Dete`a8on must bei :signe�da majority of the Conservation Commission.
On this 27 day of September 19 84 before me
personally appeared the above-named persons to me known to be the
person described,in, and who executed, the foregoing instrument,and acknowledged that he/she executed
the sam as his/Tee act a d deed.
9-9-88
Notary Public My commission expires
This Determination does not relieve the applicant from complying with all other applicable federal,slate or local statutes,ordinances,
bylaws or regulations.This Determination shall be valid for three years form the date of issuance.
The applicant,the owner,any person aggrieved by'his 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
Department of Environmental Cualily 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
S
Form t
DECE File No.
(To be provided by OEQE)
City/Town Salem
Commonwealth
of Massachusetts Applicant Ralph F. Salvo
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
t. I,the undersigned,hereby request that the City of Salem
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.)
Assessor's Map 14 Lots 279, 2690 274 and 278
also known as
Freeman Road # 180 20022924
(see enclosed map with lots in question outlined)
3. The work in said area is described below. (Use additional paper,if necessary, to describe the
proposed work.) -
Grading and Clearing of lots to aecoMINdst3e.6d itggle
Family dwailling constructions. ( 4 buildings on 4 lots)
t-i
,
"79
4. The owner(s)of the area,if not the person making this request, has been given written notification of this
request on Aup;ust 30, 1984 (date)
The name(s)and address(es)of the owner(s):
Michael F Hanifan Map 14 Lot 279
59 Maple -Street
Malden, MA 02148
-Robert & Stella-M.- Beausoleil Map 14-Zoti 274
4851 South Prudence St,
Tuceon, Arizona 85730
Michael R Elisabeth H. Scaparotti Map 14 Lot 278
1 River Street (Box 473)
Byfield, MA 01922
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Quality Engineering on August 30, 1984 —(date)
# Northeast Southeast
323 New Boston Street Lakeville Hospital
Woburn,MA 01801 Lakeville, MA 02346
Central Western
75 Grove Street Public Health Center
Worcester, MA 01605 University of Massachusetts
Amherst, MA 01003
6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3)(b) 1 of the regulations by the Conservation Commission and that I will be
billed accordingly.
Signature Name Ralph F. Salvo
Address 91 Intervale Rd. Salem. MA
Tel.71A-3072
1-2
I
9 1/2 Intervale Road
Salem, Massachusetts
August 30, 1984
Mr. Michael F. Hanifan
59 Maple Street
Malden , MA 02148
Dear Mi F::e,
I am writing this letter to notify you that I am filing a
request for Determination of Applicability under the Massachusetts
Wetlands protection Act , G.L. c. 131 ,Section 40 for an area that
includes property owned by me as well as Lot 279 ( 18 Freeman Rd.
Salem) that is owned by you. Consider this letter as written
notifiction as required by the Act. Dated August 30, 1984.
Sincerely,
dut�4
Ralph F. Salvo
4
i
i
9 1/2 Intervale Road
Salem, Massachusetts
August 30, 1984
Michael and Elizabeth H. Scaparotti
1 River Street R. O. Box 473
Byfield , MA 011922
Dear Mi4::e and Elizabeth ,
I am writing this letter to notify you that I am filing a
request for Determination of Applicability under the Massachusetts
Wetlands protection Act , G. L. c. 1.31 ,Section 40 for an area that
includes property owned by me as well as Lot 278 (24 Freeman Rd.
Salem) that is owned by you. Consider this letter as written
notifiction as required by the Act. Dated August 30, 1984.
Sincerely,
A�0< ?)A-Z4
Ralph F. Salvo
9 1/2 Intervale Road
Salem, Massachusetts
August 30, 1984
Robert and Stella M. Beausoliel
4851 South Prudence Street
Tucson , Arizona e5730
Dear Bob and Stella,
I am writing this letter to notify you that I am filing a
request for Determination of Applicability under the Massachusetts
Wetlands protection Act , O. L. c. 131 ,Section 40 for an area that
includes property owned by me as well as Lot 274 (22 Freeman Rd.
Salem) that is owned by you. Consider this letter as written
notifiction as required by the Act. Dated August 30, 1984.
Sincerely,
Ralph F. Salvo
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File None
Date: 8/30/84
PROPOSED PROJECT SU?t�LLkY
A- o'_; cant: Ralph F Salvo (other owners are : Hanifan Beausoleil, & Scaaarotti)
Address: 9 1/2 Intervale Road
Phone : 744-3072
Location of 'Property: 18 to 24 Freeman Road (paper Street)
Project Description: Intends to build single family homes on each lot
1
Type of Action:
%)a Determination of pplicability _ Modification of Order
Notice of Intent Extension of Order
Abbreviated Notice of Intent Certificate of Compliance
a
Il. Interest(s) in the Wetlands Protection Act, N.G.L. C. 131, s. 40 affected:
Public or private water supply
y X Ground water supply
Stora dacage prevention 0
X)a Prevention of pollution
Protection of land containing shellfish
Protection of fisheries
III. Resource areas subject to protection:
Ocean
Bank
)D;% Fresh water wetland
Estuary .
Coastal wetland Creek
Beach River
bordering on: Stream
Dune
Pond
Flat
Lake
Marsh
xa� Swanp
Land under any of the water bodies listed above
Land subject to tidal action
Land subject to coastal storm flowage
aX\ Land subject to flooding (may be adjacent to isolated land subject
to flooding)
IV. Comments :
Mr. Salvo has requested a Determination as to what onsite wetlands exist
on his land and his neighbors' land at 18 to 24 Freeman Road. I inspected the
site and it appears that there are substantial changes in the topography than
that show on the City Wetland _laps (see attached copy) . It appears that most
of the land on the north side of Freeman Road is no longer wetland. However,
the south side of Freeman Road appears to be wetland. All of the lots in
this determination are on the north side.
Since there is no road frontage for any of these lots, the proponent
will have to submit a Definitive Plan to the Planning Board for there approval.
Also, the road if built , will still fall within the 100 foot buffer zone of
the wetland area on the south side of Freeman Road. Neighbors in the area
ati'e"CorYai%E`d•'w�uz `drainage problems. These problems seem to be with the
wetland area on the south side and not the north side.
I recommend that the Commission, based on members site visits, make a
Determination as to whether these lots are now wetlands. I also recommend
that the proponent , when he files his plans with the Planning Board, file
either a full Notice of Intent for the construction of the road or that he
file a new Determination that can be condiitoned or an Abbreviated Notice of
Intent.
Proposed conditions :
1 . The owner of lots comprising 18 to 24 Freeman Road shall file with the
Cor�;mission plans for the construction of the extension of Freeman Road which
shall address utilities, storm water runoff. construction procedures, or any
additional information required by the Commission for their review and approval.
Conservation Aide
Flo%J� Date
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NUNN
' Conservation Commissi®n
Salein, Massachusetts 01970
Telephone (617) 745-5056
MINUTES OF MEETING
June .10 , 1982
The Commission met at One Salem Green , Third Floor, on June
10 , 1982 . Present were Ravmond Lavender , Glenn Yale , and Chris-
tonher Hagger. Philin Moran, Paul Willis , .Alice .Akatvszewski ,
and David DeVoe were absent.
There being no quorum, Vice-chairman Glenn Yale declared the meet-
ing open for discussion.
FREEMAN ROAD
Mr. and Mrs . Benjamin Svlvanowicz and Mr. and Mrs . Edmund Paradv
were present to discuss the severe flooding problem which has
occurred on their properties at 11 and 13 Freeman Road. *4r.
Svlvanowicz nresented photographs of the problem which graphically_
gave the Board an idea of the severity of the situation. Mr.
Svlvanowicz stated that this problem has existed for several vears
causing them to :take extreme measures to protect their homes ,
but with the current rain nroblem, the flooding has reached a
new level of severity.
Susan Madison gave a background of the area. It seems that in
April of 1977 , Mr. Charles Puleo, 5 Freeman Road submitted a
request to the Conservation Commission for nermission to build
a single family dwelling. At that time , Mr . Puleo explained there
would be no filling and "drainage from the wetland to the west
of the nronerty would be accomplished by a culvert running
parallel to the Marchant Road right of way to Highland Avenue."
The land lies in a buffer zone of a wetland and tests conducted
at the time showed refusal at elevation 91 and no water was
found. At that time , it was determined by the Conservation Com-
mission that the Wetlands Protection Act was not applicable to
the work nronosed in the request for Determination.
Mr. Svlvanowicz and. Mr . Parade felt that a verbal agreement was
made at that, t=me , however , for Mr. Puleo to maintain the drain-
age nine . This has not been done and the nine itself is not an-
propr.iate to provide the drainage needed . He further ad:led 'n,
fezlt that additional filling had taken place over the _years which
has- further aggravated the problem.
Mayor Levesque visited the site over the weekend and Tonv Fletcher
has written a letter to the Mavor asking that the information
pertinent to the problem be reviewed. However , as far as the
Minutes of Meeting--June 10 , 1982 Page 2
Commission was concerned, there wasn' t a great deal we could do.
Because there is no point of reference , there is no wav to deter-
mine the amount of fill ,which has been placed.
Glenn ,Yale stated the regrets of the Commission. Unfortunately
we have no jurisdiction over an area after the fact. He added
the Commission is very much aware of problems such as these and
the Commission is now taking a tough stand regarding anv filling
such as has contributed to the Freeman Road problem. He
stated that the Commission will lend whatever support it can
to helping alleviate the problem and he urged Mr . Svlvanowicz
and Mr . Paradv to keep in close contact with their Councillors
to keep them abreast of the situation. Commission members will
also try to visit the property themselves '.to see if any other
solutions can be found.
There being no further discussion, the Sylvanowicz ' and Paradys
were excused with the Commission' s thanks .
FIORE
Once again Mr. Fiore did not attend the meeting as requested.
Susan will try once more to contact him and then if the matter
is not resolved , the Clerk Magistrate will be contacted.
TRAIL BIKE
Susan Madison has been requested to speak to Mr . Stafford re-
qarding this matter. He and the Clerk Magistrate will discuss
how best to handle this violation.
P. CLAYMAN & SONS
Upon the motion of Glenn Yale and second of Christopher Hagger,
an Order of Conditions was issued to P. Clayman & Sons for
construction of an outside elevator in a flood hazard district.
No special conditions were added beyond the assumption that the
construction would be according to the plans submitted with the
Notice of Intent. It was so voted.
There being -rip further business, a motion was made and seconded to
adjourn. Having passed unanimously, the meeting was adjourned
at 905 P.m.
Reesectfully submitted*
n
Dale E. Yale , Jerk
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