Loading...
19 HERSEY STREET - CONSERVATION COMMISSION 179 ey St. P L� iz Conservation Commission Salem. Massachusetts 01970 '_aass `` At a regular meeting of the Salem Conservation Commission to be held on Thursday, May 10, 1984, at 8:00 p.m., a Determination of the significance of storing fill material in a.wetland area located at �I Hersey Street. This determination shall be made in accordance with the Wetlands Protection Act, Mass. G. L. Chap. 131, Section 40. �vJ Philip D. Moran Chairman - May 4 RECEIPT FOR CERTIFIED MAIL-300 (plus postage) .a. SE t T n POSTMARK OR DATE 00 L� 1 STREJ:T AND N llYn�T _'_ P.O., S TE,ARD ZIP COD i�1 q OPTIONAL SERVICES FOR ADDITIONAL FEES RETURN t. Shows to whom and date delivered ...........: 154 RECEIPT With delivry to addressee only............ 65d 2. Shows to whome,date and where delivered.. 350 SERVICES With delivery to addressee only:...........65V e DELIVER TO ADDRESSEE ONLY ..............:....................................... Slid Q SPECIAL DELIVERY (extra fee required)•• ............................. ZQ PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other Fide) Apr. 1971 NOT FOR INTERNATIONAL MAIL <cro:ie„o........ STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED•OP71ONAL SERVICES.(see front) 1. If you want this receipt postmarked,stick the gummed stub on 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 on a-return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4. If you want the article delivered only to the addressee, endorse it on the front DELIVER TO ADDRESSEE ONLY. Place the same endorsement in line 2 of the return receipt card if that a service is requested. 5. Save this receipt and present it if you make inquiry. Form 2 GEQE FIe No. (To be provided by DEQQ r'--- Commonwealth Citylrown SALEM of Massachusetts Applicant Mrs. Margaret DeFrancesco Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From SALEM CONSERVATION COMMISSION - Issuing.Authority To Attorney John Seraf;ni Mrs. Margaret DeFrancesco (Name of person making request) (Name of property owner) 63 Federal Street, Salem Address 96 Margin Street, Salem Address This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) 32 by certified mail, return receipt requested on (date) t 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 . ❑ The area described below,which includes all/part of the area described in your request,is an Area Subject to Protoction Under the Act.Therefore, any removing,filling,dredging or'altering of that " area requires the filing of a Notice of Intent. v. .may, A 2. ❑ The work described below, which includes all/part of the work described in your request, is within an Area Subject to Protection Under the Act and will remove,fill, dredge or alter that area.There- fore,said work requires the filing of a Notice of Intent. C 21 3. ❑ The work described below, which includes alilpart 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 . 2SK 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 SALEM Conservation Commission Signature(s) ` This Determination must be signed by a majority of the Conservation Commission. v; On Chi11 October 19 84 before me s day of personally appeared the above-named persons ,`o me known to be the person dFscribed,in, and who executed, the foregoing instrument,and acknowledged that he/she executed the sa a rs his/her f ee act d deed. 9-9-88 Notary Public / My commission expires This Determination does not relieve the applicant from complying with all other applicable federal,state 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 this Determination,any ownerof land abutting the land upon which the proposed work is to be done,or any len residents of the city or town in which such land is located.are hereby notified of their right to request the / Department of Environmental Oualily Engineering to issue a Superseding Determination of Applicability,providing the request is made l 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 r. ( OILD )/O ) al1N i F+c )IT l/rmsrsco �u G� i it October 29, is i. n ;I h To whom it may concern, On October 11, 1986, the home owners protested a posal to clear and grade a parcel of wet land, Lot 1 3 between Hersey Street and Forest Avenue. I" �! We feel we have been paying our property taxes and have received no representation from our counselor, Ns. Nutti^. . t This area is constantly flooded even during light rain slow- ors. This lot of land is the last of the wet land left in this area. The city of Salem Conservation Commission states the land is to small to be under the Wetlands Protectio; Act. Why is the City allowing this last parcel of wetland to be used for business purposes? These businesses are now grading their land higher because of excess water. The City Engineer suggests to the owner to grade the land so the water will run towards Alyce's Ice Cream. This is not the s,- lution, because when the water basins are filled, flood ng begins and our cellars absorb this back up. The sump pu:. p in our homes cannot adequately handle this recurring flood- ing problem. . Until the flooding problem is solved this last pa-ce? + of wet land should be seized by eminent domain by the of Salem, to protect the home owners in this area. Otherwise, perhaps, the homeowners in the area should i, withhold their property taxes and use the money to finance flood protection premiums. We request your prompt attention on this matter. I ii Sincerely yours.. The Neighbors / :Letters to the Editorcc Mayor Anthony Salvo Councilman John Nutting i' Council President Jean Marie Rochna peeoa6l Planning Board Mr. Kavanaugh � �,�.d_t.{/ Board of He�th Air. Blenkhorn `` � A U Salem. Massachusetts 01970 October 19, 1984 Mr. Paul Niman, City Engineer City of Salem One Salem Green Salem, I-IA. 01970 RE: DeFrancesco Property--Hersey Street Lear Paul: At the last meeting of the Conservation Commission, the matter of a proposal to fill a small depression on the DeFrancesco property on Hersey Street was discussed. The Commission determined that the area in question was not subject to protection under the Wetlands Protection Act. However, they recognize that serious flooding problems do exist in the area and have been the subject of concern to the neighbors for some time. Therefore, the Commission would respect- fully request that your Department look into the area to determine if anything could be done to alleviate the flooding problems that periodically occur in the area. Mr. DeFrancesco has agreed to grade the area away from the abuttors ' and towards the appropriate catch basins in the hope that his proposed work will not exacerbate the drainage problems any further. Thank you for your attention to this matter. Sincerely yours, Philip D. Moran Chairman dey cc to Councillor Nutting `t b� • • • {r^ z Conseion� r; Salem. Alassachucctts 01970 f J -IfAss. DEQE File 4i None Date: 10/10/84 PROPOSED PROJECT SUMMARY Applicant : Mrs. Margaret DeFrancesco Address: 96 Margin Street Phone: c/o 744-0212 John Serafini, Atty. Location of Property: 36 Forest Ave.--Lot 35, Map 33, Assessors Project Description: Clear, race, and pave lot with a gentle slope toward abutting streets to direct storm water to City drainage. I. Type of Action: XXX Determination of Applicability _ Modification of Order _ Notice of Intent Extension of Order Abbreviated Notice of Intent Certificate of Compliance II. Interest(s) in the Wetlands Protection Act, M.G.L. c. 131, s. 40 affected: _ Public or private water supply XXX Ground water supply gxX Storm damage prevention _ Prevention of pollution Protection of land containing shellfish Protection of fisheries III. Resource areas subject to protection: _ Bank Ocean _ Fresh water wetland _ Estuary _ Coastal wetland Creek Beach River bordering on: Stream _ Dune _ Flat _ Pond Marsh _ Lake Swamp Land under any of the water bodies listed above Land subject to tidal action Land subject to coastal storm flowage XXX Land subject to flooding IV. Comments: Proponent currently has an enforcement order which was given to stop the fill operation on the site. Dr. Hugh Muligan is representing the proponent 'arguing that the wetland is not an isolated wetland and is not subject to protection under the act. If the Commission feels it is not subject to protection, I suggest that this Determination be conditioned as follows: 1. The entire paved area of the site shall slope in a manner to direct storm water to storm drains on Hersey Street and Forest Street. Storm water shall be directed away from abuttor's property east and west of the lot. f Conservation Aide October 15, 84 - Date Jam. ATTACHMENT 1 Mrs. Margaret DeFrancesco of 96 Margin. Street, Salem, Massachusetts wishes to clear and grade her property (Lot 35A at Forest/Hersey Street in Salem ) . There is a question as to the status of a small depression at the Eastern portion of the property, (estimated by Charles Frederickson of the Salem Conversation Commission to be Two thousand (2,000) square feet) . Dr. Hugh F. Mulligan of the Gulf of Maine Research Center; Inc, at 30 Church Street, Salem evaluated the lot and reached the conclusion that no wetland are present on the site. The location the DeFrahcesco property and its characteristics are displayed in Figures 1 ,2 and 3. The lot contains Nineteen thousand six hundred (19,600) square feet and is bordered on the North by Hersey Street, on the South by Forest Street, on the West by Alice's Homemade Ice Cream, Inc. / The Batting Cage and.on the East by residences. The lot is situated at an elevation of 10-20 feet above mean high water, is not located within a 100 foot buffer zone of a designated wetland, w- and is outside the 100 year flood zone. The small depression on the Eastern portion of the lot was likely created by action of the City of Salem Sewer and Water Department in installing drain and sewer pipes through the property and unproper grading after the pipelines were installed. The small depression created by this disturbance retained water and supported a small stand of aquatic plants. Since this depression has no inlet or outlet; and is an isolated basin serving as a ponding area for runoff, this depression might be included within the Massachusetts Wetland Regulation Category called "Isolated land subject to flooding". However this lot does not satisfy the requirement in the Massachusetts Wetland Regulations, 310 CMR 10.57(b)1, which states, "It is an area which at least once a year confines standing water to a volume of at least 1/4 acre-feet (10, 890 cubic feet) and to an average depth of at least six (6) inches. The test to demonstrate this exclusion follows: If the retention area is considered to be Five thousand (5,000) square feet (which conservatively assumes an additional fifteen (15) foot retention band around the Two thousand (2,000) square foot depression: and the entire volume of rainfall received is that of the design storm of seven (7) inches in 24 hours (which is called out in the Massachusetts Wetland Regulations 310 CMR 10.57(2) 63) then the total volume retained in the depression equals Two thousand nine hundred (2,900) cubic feet, less than 1/3 the amount of water required to be classified as a wetland under the Massachusetts Wetland Regulations. When the land is properly sloped and graded with the Northerly portion of the lot gently sloping toward Hersey Street and Southern portion gently sloping toward Forest Street, no water retention problems will be created. We request that you reach a negative determination of applicability andconclude with item 1 on Form 2 Determination of Applicability: "The area described in your request is not an area subject to Protection Under the Act". HE-,e,5E- y Tie Er 7- /50.00 - SIo' o 1. Al Sr. V n � m o L o T 35 �v`ep�a° `ice 's Home Mode o A = 19, 600 t re Cream /nc. �too 2/1 } o 585'3000"E-- �,.. 50.00 -•-.. R. /. .i;+; 0. 00 AA�5Jr04:9'Al 7- tr / � W.3.720yS. � m � � v � I • I Qo ,4 01 �1 Orn a � Az Q b � a /40.00 50.001 •-• 760' ro •-•• / 0.00 --�.VBS'30'00'" /,R. ""'6R. Er TR - Business 4 APProval under the Subdivision o% EAutomot/ve Control Lar✓ not repired. SALEM PLANNING BOARD Figure 3 Salem Planning Board Map ;ilia plan Alas prepared I>Arc I RSe �i sT eEE -r /a 13 �press�o� Lot 3S A a /z jAea, t e„�r I�.raSOn FOREST sTReET PZAA/ OF D C RAi C sco �Ropckr trparod b (�ug4F• Aall an _ _3o G�ivrchSt S;&(em Kko ps Ocf u, mt+ o Rye STie � � T 13 j�p resSiO� Lm t 3s /4 a /z —Soy-- � —So• �teva�-oov�s i n �+ above o°p � M&L, Lew I�.ta�xdn t -5o — i FOREST -3TReE' T PLAN voc A EFR4VcEsco pRoPFRry � Mparod b ku9 b F• 1/7'a n 3o Chur4St Salem VVlaps Od- u, Mt+ 01 Z v C 10-4 Salem. Massachusetts 01970 f� 5" S3���� DEQE File 9i None Date: 10/10/84 PROPOSED PROJECT SUMMARY Applicant: Mrs. Margaret DeFrancesco Address: 96 Margin Street Phone: c/o 744-0212 John Serafini, Atty. Location of Property: 36 Forest Ave.--Lot 35, Map 33, Assessors Project Description: dear, grace, and pave lot with a gentle slope toward abutting streets to direct storm water to City drainage, I. Type of Action: XXX Determination of Applicability Modification of Order Notice of Intent Extension of Order Abbreviated Notice of Intent Certificate of Compliance II. Interest(s) in the Wetlands Protection Act, M.G.L. c. 131, s. 40 affected: Public or private water supply XXX Ground water supply XXX Storm damage prevention Prevention of pollution Protection of land containing shellfish Protection of fisheries III. Resource areas subject to protection: _ Bank Ocean _ Fresh water wetland _ Estuary _ Coastal wetland Creek _ Beach River _ Dune bordering on: Stream Flat _ Pond Marsh _ Lake Swamp Land under any of the water bodies listed above Land subject to tidal action Land subject to coastal storm flowage Land subject to flooding IV. Comments: V. Proposed conditions: Conservation Aide Date Land under any of the water bodies listed above Land subject to tidal action Land subject to coastal storm flowage XXX Land subject to flooding IV. Comments: Proponent currently has an enforcement order which was given to stop the fill operation on the site. Dr. Hugh Muligan is representing the proponent arguing that the wetland is not an isolated wetland and 11s .not )subject to protection under the act. If the Commission feels it is not subject to protection, I suggest that this Determination be conditioned as follows: 1. The entire paved area of the site shall slope in a manner to direct storm water to storm drains on Hersey Street and Forest Street. Storm water shall be directed away from abuttor's property east and west of the lot. LLAConservation Aide October 15, 1994 Date XON Cp�� �i J� Con � _v C O �FO.Y�1 Sl OV` 't Salem. Massachusetts 01970 f 'Ass^cN� DEQE File li Date: PROPOSED PROJECT SUMMARY Applicant: Address: Phone: Location of Property: Project Description: I. Type of Action: Determination of Applicability Modification of Order Notice of Intent Extension of Order Abbreviated Notice of Intent Certificate of Compliance II. Interest(s) in the Wetlands Protection Act, M.G.L. c. 131, s. 40 affected: Public or private water supply Ground water supply Storm damage prevention Prevention of pollution Protection of land containing shellfish Protection of fisheries III. Resource areas subject to protection: _ Bank — Ocean _ Fresh water wetland Estuary _ Coastal wetland Creek _ Beach — River _ Dune bordering on: Stream _ Flat _ Pond Marsh Lake Swamp 7s Form 1 _ DEOE Flls No. (To bo provided by OEQQ Commonwealth Qty/T~ c=to.,, of Massachusetts Appkam Mrs. Margaret DeFrancemc 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 as to whether the area,described below,or work to be performed an 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.) Indicated as lot 135 A on the Salem Planning Board Map situated between Hersey and Forest Streets in Salem. (see figures 1,2 and 3) 3. The work in said area is described below. (Use additional paper,if necessary, to describe the proposed work.) p Clear and gradeAehe —property providing a gentle slope toward Hersey Street for the Northern portion of the property and to Forest Street for the Southern portion. (see Attachment 1) 1.1 79 4. The owner(s)of the area,if not the person making this request,has been given written notification of this requeston (date) The name(s)and address(es)of the owner(s): Mrs. Margaret DeFrancesco 96 Margin Street Salem, Massachusetts 01970 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Quality Engineering on gPpfPrnhPr 91 1qR4 (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 8. I understand that notification of this request will be placed in a local newspaper at my expense in accor- dance ccondance with Section 10.05(3)(b) 1 of the regulations by the Conservation Commission and that 1 will be billed accordingly. Signature �ame Mrs. Margaret DeFrancesco Address 96 Margin Street, Salem, MA 01970 Tel, c/o 744-0212 1.2 ATTACHMENT 1 Mrs. Margaret DeFrancesco of 96 Margin Street, Salem, Massachusetts wishes to clear and grade her property (Lot 35A at Forest/Hersey Street in Salem ) . There is a question as to the status of a small depression at the Eastern portion of the property, (estimated by Charles Frederickson of the Salem Conversation Commission to be Two thousand (2,000) square feet) . Dr. Hugh F. Mulligan of the Gulf of Maine Research Center; Inc, at 30 Church Street, Salem evaluated the lot and reached the conclusion that no wetland are present on the site. The location the DeFrancesco property and its characteristics are displayed in Figures 1,2 and 3. The lot contains Nineteen thousand six hundred (19,600) square feet and is bordered on the North by Hersey Street, on the South by Forest Street, on the West by Alice's Homemade Ice Cream, Inc. / The Batting Cage and on the East by residences. The lot is situated at an elevation of 10-20 feet above mean high water, is not located within a 100 foot buffer zone of a designated wetland, and is outside the 100 year flood zone. The small depression on the Eastern portion of the lot was likely created by action of the City of Salem Sewer and Water Department in installing drain and sewer pipes through the property and unproper grading after the pipelines were installed. The small depression created by this disturbance retained water and supported a small stand of aquatic plants. Since this depression has no inlet or outlet; and is an isolated basin serving as a ponding area for runoff, this depression might be included within the Massachusetts Wetland Regulation Category called "Isolated land subject to flooding". However this lot does not satisfy the requirement in the Massachusetts Wetland Regulations, 310 CMR 10.57(b) 1, which states, "It is an area which at least once a year confines standing water to a volume of at least 1/4 acre-feet (10,890 cubic feet) and to an average depth of at least six (6) inches. The test to demonstrate this exclusion follows: If the retention area is considered to be Five thousand (5,000) square feet (which conservatively assumes an additional fifteen (15) foot retention band around the Two thousand (2,000) square foot depression: and the entire volume of rainfall received is that of the design storm of seven (7) inches in 24 hours (which is called out in the Massachusetts Wetland Regulations 310 CMR 10.57(2) 63) then the total volume retained in the depression equals Two thousand nine hundred (2,900) cubic feet, less than 1/3 the amount of water required to be classified as a wetland under the Massachusetts Wetland Regulations. When the land is properly sloped and graded with the Northerly portion of the lot gently sloping toward Hersey Street and Southern portion gently sloping toward Forest Street, no water retention problems will be created. We request that you reach a negative determination of applicability andconclude with item 1 on Form 2 Determination of Applicability: "The area described In your request is not an area subject to Protection Under the Act". Hr TR 7- /So-00 sIo 0 I L/NGEN ST. / V 0 tF o o L ® T .35 l ryce s Home Mode A = /9, 600 t S. ce Creom Inc. O. o0 /40.00; 3 � 3.7120 " S�F vZ Q � � O /40.00 SO.00 - y6o' 7o L/NDaST. F®eEsr STR T q - Business 4 Approval under the Subdivision o% Automotive Control Lor✓ not required. SALEM PLANNING BOARD Figure 3 Salem Planning Board Map lhis plan I✓as prepored OA-r6 : h the /Fides Y Requlations FOX A S�l e M oT – ; , -SI d r, �T I "17 M b. 1:S1 ke 'N ton s h o-n-o-W' s L Hilt", F SALP, 10 32 _j it sulert.— Sa V ubst c t. 'vPale. L :4 C ker, g C Pt e, 75" it A 46 \SA k- 5TA oLDJ ✓ Golf Course 1V J;1 RK\ -i`07M .._55 34 344 J1• ...,o .1,.C A L I I I D C U 5 1 F C AT N -21 i ell E I O Primary highway, Jghtcli,77 road. hara or hard surface 7pro,,ec surface oe lizo"(li. Secondary highway, to YLJET hard surface Urrmpr-.ed road Interstate Ro�re li S Route t State Route 1-4)4AM" 4S MEAN LOW W.,TLij Ass Alilil .Wits- ;I �Atieia I 1—tr VIC W oar MAP ACCURACY STAWWIUS QUAUkANGLE LOCA110N SALEM, MASS. WVEY.RES!ON.VIRCUNIA 221U92 N4230—W7052.5/7.5 ]Figure 1 ,`D SYMUOLS 1b AWAfLAJjfL OM OfQULS; oils shown it, purple compiled in cooperation with State of %i,��Chu"Its agenc,,,s from aerial photographs taken 1977 ml other 1970 Salem Quadranje TIW, "ItOr"M11111 1101 fivid fineCked. ,J,,, 1979 PHOTOREVISED 1979 USGS AMS 6969 [11 SW–SERIES V814 topography map / 'tel- LS,G'o3 4,131 E,2p0. Li f._1 . .P U — 1 S , 66 67 68 69 71 �" 1 64n 70 su 1e, 5,2190 Q ro 5,;G0 10.500 3,092 .e 3,50 5 0 o so too ro 08 I 4-L2 � i\°, U.9 s �4Sib �j2• so oz.z'ex so za...o n 60 f M24 - 1 ,. ^I. C E A N j3 99 °a-6a 2 50 so e.,a . so AYE. ,�. a so so so OCEAN p1.1e,7z ao (fib 1 a 52 >ae �1 LJ ,aa B3' a 56 5,890 51 x58 : 5T saoo 55 570n 4500 4,9c IOb—a _ 62' 61 60 4,90Q 4,900„ 4,900 54 44 45 94 653 ,i00 4,660 .. 43 x0895 $ a 39 0 41 4 oa 4, 00 5,890 - r - 7 38 4,900 4,900 4,000 � 4,900 36 3 ao a a soit O �. a 9408 . 9!1000 4'9Q �O ,a " Ia ,� uy -t• a D oo a > xo E: y ,a u� so sc n to H . E R `� IT to ao ' S xa yb io ti so all 1ao-a 32 31 29 4Z 34 t� 4' 4.900 N {� 28.430 4,900 4>9oo 4'9 0 514,900 4,900 4900 18 15,54,? 14 17 N 33.320 n 15 16 as 900 `. 2 i a !I 900 "!"3" uc '—�J 4.90 4,900 4 90 rw 10,000 20,983. a 7805 IPO xa0'REST xa ao. , 54 9,50O N -G 762,500E 's f Figure 2 PREPARE D UNDER THE DIRECTION OF. THE m . —SAiE�yl Salem Assessor WARD OF ASSESSORS Map #33 13Y oil 0 O'%'L _&,YAjr:'71T1EE.--. HARr,�j2r - v Form 9' DEOE File No. (- ll (To be Provided by DEQE) Commonwealth city/To" Salem. MA of Massachusetts Applicwt M. .DeFrancesco Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From The Salem Conservation Commission pssuingAuthority To Ms. Margaret DeFrancesco, 96 Margin St. , Salem MA 01970 Date of Issuance August 30. 1984 Property lot/parcel number,address 19 Hersey St. , Assessors Map 33, Lot 35 Extent and type of.activity: A wetland which was determined to be significant and subject to protec- tion under the Wetlands Protection Act, M.G.L. c 131, _ Section 40, has been filled without notification to the Salem Conservation Commission. The area filled amounts to approximately 2000 square feet of vegetated wetland. The Salem Conservation Commission 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: 0 Said activity has been/is being conducted without a valid Order of Conditions. ❑ Said activity has been/is being conducted in violation of an Order of Conditions issued to ,dated File number ,Condition number(s) ❑ Other(specify) The Salem Conservation Commission h ereby 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. i Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9-1 4 Completed application forms and plans as required by the Act and Regulations shall be filed with the Salem Conservation Commission onorbefore 9/10/84 (date), C 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: One Salem Green, 2nd floor The property owner shall take.every reasonable step to prevent further violations of the act. O 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 constitute a separate offense. Questions regarding this Enforcement Order should be directed to: Charles Frederiksen, Conservation e, ann ng ep m Issuedby Chnrics Ergderiksen, Conservation Aide Green 11 Signature(s) �,,,�, . (U l :, C - Charles Frederikken (Signature of delivery person or certified mail number) 92 is Form 2 - DECE FileNw (To be provided by DEQE) Commonwealth CityRowr. SALEM ? of Massachusetts Applicant Margaret DeFrancesco Determination of Applicability Massachusetts Wetlands Protection Act, G.L.c.131, §40 From SALEM CONSERVATION COMMISSION Issuing Authority - TO Mrs. Margaret DeFrancesco same - - - (Name of person making request) (Name of property owner). 96 Margin Street, Salem 19 Hersey Street, Salem Address Address This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) 43 by certified mail,return receipt requested on May 23, 1984 (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. ❑ The area described below,which includes all/part of the area described in your request\.Jsari Arta. Subject to ProtcctionUnder the Act.Therefore,any removing,filling,dredging or altering of that area requires the filing of a Notice of Intent. t ` 2. ❑ The work described below,which includes ali/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. O The work described below,which includes all/part of the work described in your request,iswithin 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: 'y 1. ❑ The area described in your request is not an Area Subject to Protection Under the Act- 2. ct2. The work described in your request is within an Area Subject to Protection Under theAct,butwill not remove,fill,dredgei or after that area.Therefore,said work does not require thetding of a Notice of Intent. 3. IM 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 tiling 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 �� Conservation Commission Signature(s) C I ` i N4 Determination must be signed by a majority of the Conservation Commission. - \'Crthis 10 day of May 19 84 before me Oersonally appeared the above-named tomeknown tobethe. person described in,and who executed,the foregoing instrument,and acknowledged that he/she executed' the sam as his/her free act nd deed. C 9-9-88 Notary Public My commission expires This Determination does not relieve the applicant from complying with all other applicable federal,stataorlocal 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 land upon which the proposed work is to be done,or any len 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 (\ by certified mail or hand delivery to the Department within ten days from the date of issuance of this Determination.Aeopy of the request shall at the same time be sent by cerlilied mail or hand delivery to the Conservation Commission and the applicant 2-2A Form 1 DEOE File No. (To be provided by DEQE) Commonwealth cityrtown_Salem. MA of Massachusetts Applicant Margaret DeFrancesco Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 1319 §40 1. I,the undersigned,hereby request that the City of Salem, Massachusetts 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.) Map 33, Lot 35, Salem Assessors Maps. Between Forest Avenue and Hersey Street. C 3. The work in said area is described below.(Use additional paper,If necessary,to describe the proposed work.) The Northeast corner of the site contains a low lying area with approximately 1;500 square feet of wetland vegetation. This area was created when owner escavated area for fill several years ago. It is not designated as a wetland on the Salem Wetland Maps. Owner intends to fill this area and grade it off. At a later date the site is intended to be used as either a buildable lot or as parking. C 1-1 4. The owner(s)of the area,if not the person making this request,has been given written notification of this requeston May 1 , 1981 (date) The name(s)and address(es)of the owner(s): Mrs'. Margaret DeFrancesco 96 Margin Street Salem, Massachusetts 01970 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Quality Engineering on__ May 1, 1984 :(date) XX Northeast Southeast 323 New Boston Street Lakeville Hospital Woburn,MA 01801 Lakeville,MA 02346 k 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 Margaret DeFrancesco Address 96 Margin Street, Salem, MA 01970 Tel, 744-4618 12 71& Form 9' DEOE FRe No. ---1 (To be provided by DEQE) Commonwealth - City/Town SALEM of Massachusetts Applicant Enforcement Order Massachusetts Wetlands Protection Act, G.L. a 131, §40 From SALEM CONSERVATION COMMISSION - - Assuing Authority To Margaret DeFrancesco Date of Issuance Property lot/parcel number,address Extent and type of.activity: The 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 310lCMR 10.00,because: ❑ Said activity has been/is being conducted without a valid Order of Conditions_ ❑ Said activity has been/is being conducted in violation of an Order of Conditions issued to dated .- File number ,Condition number(s) ❑ Other(specify) - The 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. ❑ Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9-1 ❑ Completed application forms and plans as required by the Act and Regulations shall be filed with th ` f on or before (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: ❑ The property owner shall taka 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 constitute a separate offense. Questions regarding this Enforcement Order should be directed to: Issued by Signatures (` (Signature of delivery person or certified mail number) 9-2