204 HIGHLAND AVENUE - CONSERVATION COMMISSION (2)�� � ;gwl��d h-.c. RQIJ /
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Wetlands & Land Management, Inc. 100Conifer Hill Dr;,.e-#516
Danvers,MA 01923
978-777-0004 Telephone
978-539-0005 FAX
January 11, 2013
Tom Devine, Conservation Agent
Department of Planning and Community Development
120 Washington Street
Salem, MA 01970
RE: Tree cutting at 204 Highland Road, Salem
Dear Mr. Devine and Conservation Commission Members:
Bob Tyack of Markham Tree Service asked me to view several trees marked for removal
at the New England Veterinary Clinic site at 204 Highland Avenue. I viewed the site on
January 11, 2013.
Mr. Tyack provided me with the information he presented to your Commission, and then
showed me each tree to be removed. There were 12 trees on the original list. Mr. Tyack
informed me that the Commission already denied the removal of tree number 1, a white
ash. I examined the remaining trees to determine if any of the trees occurred within the
wetland area adjacent to this building.
The wetlands in the vicinity of the tree clearing occurred within a topographic swale
between the veterinary building and the adjacent property. The wetland boundary
occurred at the bottom of a well defined slope. Tree number 5 —a 9-inch silver maple,
was indeed on the wetland boundary. Had I been flagging the boundary, I likely would
have tied a flag onto this tree. All other trees were outside of wetlands.
Feel free to contact me if you have any questions regarding my field visit or this letter.
Sincerely,
Wetlands&Land Management, Inc.
WL4 M 0'-41,1
William J. Manuel]
Wetland Scientist
CC:,Bob Tyack—Markham Tree Service �� ��
Project Status Sheet
Address: ��( ���� ` DEP #:
Application Type: Date Submitted:
Contact Name. P� rya�� _ Phone..
Proposed activity:
Application Complete
LKCorrect Fee Received
d � _rL
legal Ad Sent Legal Ad Confirmed iWnline
Added to Agenda Agenda to Applicant
� Agent Comments to Commission
Hearing Opened: Continued Site Visit: ;_JI,
—�Abkt#ers-Netice ['onfirmed
'Vrder of Conditions Sent to Applicant and DEP
❑ Confirmation of Delivery
�lendar
Added to database
❑ A Io wi
Preconstruction Meeting:
Certificate of Compliance Sent to Applicant and DEP
❑ Confirmation of Delivery
11 Applicant Recorded CoC with Registry
Notes:
SENDER: COMPLETE THIS SECTION COMPLETE'THIS SECTION ON DELIVERY
■ Complete items 1,2,and 3.Also complete A. Signature
item 4 if Restricted Delivery is desired.. � ElAgent I
III Print Print your name and address on the reverse AcWresses,
so that we can return the card to you. B. Rec v b rinted Name--b.�
■ Attach this card to the back of the mailp iece,
or on the front if space permits.
D. Is delivery add different from item 1?11, ❑ %s
1. Article Addressed to: L.If.YES,enter delivery address below: ❑ No
R-O� �� CE, v� ;i
0 1 Q 3. Service Type
Wf:ertlfled Mail ❑Express Mail
❑ Registered ❑Return Receipt for Merchandise
❑ Insured Mail ❑C.O.D.
4. Restricted Delivery?(Extra Fee) ❑Yes
2. Article Number ;`f 1701Q '2740'HbOO 0159 1-T'- A6
(transfer from service label)
i.
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE First-Class Mail
US Sga&Fees Paid
Permit No.G10
• Sender: Please print your name, address, and ZIP+4 in this box
V'\1 Ve'0®
COnservation COt11missiOn
CPN � 120 Washington Street,3rd FI
0
,"AG Washington
MA 01970
rip.
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Y CITY OF SALEM
CONSERVATION COM
MISSION
January 14, 2013
Robert Tyack
65 Pond Street
Essex, MA 01929
Re: Determination of Applicability-204 Highland Avenue
Dear Mr. Tyack:
Enclosed, please find the determination of applicability for the above-referenced project.
This permit is effective for three years following a 10-business-day appeal period.
Your November 26, 2012 Request for Determination proposed removal of 12 trees. The
Conservation Commission approved your request with the following modifications and
conditions.
1. Tree#1 shall not be removed.
2. A professional wetlands scientist shall determine whether any of the remaining 1 I
trees are within wetlands. Any tree found to be within wetlands may not be
removed under this determination.
3. A total of 12 Speckled Adler shrubs shall be planted roughly in the location of the
removed trees. Evidence of two inspections of these shrubs after the first and
second growing seasons shall be submitted to the Conservation Commission. Any
plantings found to be failing shall be replaced.
The Conservation Commission subsequently received a letter from Wetlands Scientist
William Manuell determining that tree #5 is on the wetlands boundary. Therefore, this tree
shall not be removed. However, pruning existing trees using best professional practices
requires no further approval from the Commission.
If you have any further questions, please feel free to contact me at 978-619-5685.
Sincerely,
To Devine
Conservation Agent/Staff Planner
Page I of 2
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the Salem
computer, use
only the tab Conservation Commission
key to move To: Applicant Property your cursor- p y Owner (if different from applicant):
do not use the Robert Tyack Robert Kart
return key. Name Name
65 Pond Street
r� _ 30 Cypress Hollow
Mailing Address Mailing Address
Essex _M_A_ 01929 _ Bluffton SC 29909
l 11' City Town State Zip Code City/Town Stale Zip Code
Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
_204 Highland Plot Plan 11/19/2012
Title Date
Title Date
Title Date
2. Date Request Filed:
11/26/2012
B. Determination
Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your
Request for Determination of Applicability, with its supporting documentation, and made the following
Determination.
Project Description (if applicable):
See attached_
Project Location:
204 Highland Avenue Salem
Street Address City/Town
13 1
Assessors Map/Plat Number Parcel/Lot Number
.vpommV doc•Determination of Applicability•rev.10/6/04 Page I of 5
'wl M1111111111111
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of
Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority (i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a: The boundary delineations of the following resource areas described on the referenced plan(s)are
confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name
Ordinance or Bylaw Citation
wPatoru12.doc•Determination of Applicability•rev.1016104
Page 2 of 5
r
Massachusetts Department of Environmental Protection
= Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
❑ 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
® 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing 1o1flI a Notic of Intent, subject to the following conditions (if any).
�t t'7do. ( . .T
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
wp3form2.doc•Determination of Applicability•rev.10/5/04
Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 5. The area described in the Request is subject to protection under the Act. Since the work
described therein meets the requirements for the following exemption, as specified in the Act and
the regulations, no Notice of Intent is required:
Exempt Activity(site applicable statuatory/regulatory provisions)
6r. The area and/or work described in the Request is not subject to review and approval by:
&�U�
Name of Municipality
Pursuant to a municipal wetlands ordinance or bylaw.
� ealn„j < J� �fb t 18rcCtP U < b
Ordinance or Bylaw Citation
C. Authorization
This Determination is issued to the applicant and delivered as follows:
❑ by hand delivery on ( by certified mail, return receipt requested on
Date
This Determination is valid for three years from the date of issuance (except Determinations for
Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not
relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances,
bylaws, or regulations.
This Determination must be signed by a majority of the Conservation Commission. A copy must be sent
to the approp ' e D egional Office (see http://www massgov/de /about/r on find our.htm)and the
property own r (if differe t from the applicant).
Signatur
C
I- (o
Date
wpalorml.coc neterminalion of Applicability-rev.1016104
Page 4 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Appeals
The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land
upon which the proposed work is to be done, or any ten residents of the city or town in which such land is
located, are hereby notified of their right to request the appropriate Department of Environmental
Protection Regional Office (see http:// ww
ttp//www mass gov/dep/about/region fin dvour htm) to issue a
Superseding Determination of Applicability. The request must be made by certified mail or hand delivery
to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for
Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days
from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the
appellant. The request shall state clearly and concisely the objections to the Determination which is being
appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the
Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has
no appellate jurisdiction.
.vpaform2.0oc Delerminali on of Applicaoilily-rev.10/6/06
Page 5 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request (if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town
State Zip Code
fir..
r'� Phone Number Fax Number(if applicable)
Project Location
lemn
Mailing Address
Clty/Town State Zip Code
2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
City/I own State
Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for (check one):
❑ Superseding Order of Conditions ($100 for individual single family homes with associated
structures; $200 for all other projects)
❑ Superseding Determination of Applicability ($100)
❑ Superseding Order of Resource Area Delineation ($100)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
npaform2.doc Request for Departmental Action Fee Transmittal Form-rev.1016104
Page 1 cf 2
f l "
( E30 Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Instructions (cont.)
2. On a separate sheet attached to this form, state clearly and concisely the objections to the
Determination or Order which is being appealed. To the extent that the Determination or Order is
based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations,
the Department has no appellate jurisdiction.
3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding
Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see
http://www.mass gov/dep/about/region/findvour.htm).
4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the
Conservation Commission and to the applicant, if he/she is not the appellant.
wpaform2.doc-Request for Departmental Action Fee Transmttal Form-rev.10/6104
Page 2 of 2
SPECKLED ALDER
Alnus incana (L.)
Description
Speckled alder is usually a large shrub but sometimes may attain a height of 30 ft. and a diameter
of 4 to 5 in. It is exceedingly common along streams or swamps of the northeast. This alder
growing in such abundance along streams serves to protect the banks from excessive erosion and
also furnishes cover for small game birds.
Alternate Names
Tag alder, gray alder, hoary alder, hazel alder, swamp alder;Alnus rugosa(Du Rois) Spreng.;
Alnus americana(Regel) Czerp.
Uses
Rapid growth in open habitats, wide tolerance to soil types, and potential for soil conditioning
make it useful in rehabilitation of disturbed sites, including old mines.
Alders are beautiful and functional plants and deserve to be more widely grown in gardens and
nurseries. They are fast growing and can easily be trained to a tree-like form by removing lower
branches.
Wildlife
Speckled alder thickets provide cover for moose, white-tailed deer, rabbits, and others. Moose,
muskrats, beavers, and rabbits browse the twigs and foliage. Songbirds, including redpolls,
goldfinches, woodcock, and grouse eat the seeds, buds, and catkins. Beavers build dams and
lodges with speckled alder.
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AFFIDAVIT OF SERVICE
City of Salem provision M.G.L., Chapter 39, Section 23D.
(For a City Councilor, Board, or Commission Member, to sign upon listening to the
audio of a missed meeting and examining all evidence.)
Per the City of Salem provision M.G.L., Chapter 39 Section 23D, I, jc,�A �
hereby certify under the pains and penalties of perjury that I have examined all evidence
pertaining to Request for Determination of Applicability for 204 Highland Avenue
which was distributed at the single missed session on December 13, 2012 which
evidence included an audio recording of the missed session. This certification was
submitted prior to the undersigned's participation in a vote on the matter and shall
become part of the record of the hearing.
Name: I XA Date: /0 h o /3
Board or Commission: Salem Conservation Commission
AFFIDAVIT OF SERVICE
City of Salem provision M.G.L., Chapter 39, Section 23D.
(For a City Councilor, Board, or Commission Member, to sign upon listening to the
audio of a missed meeting and examining all evidence.)
Per the City of Salem provision M.G.L., Chapter 39 Section 23D, I,
hereby certify under the pains and penalties of perjury that I have examined all evidence
pertaining to Request for Determination of Applicability for 204 Highland Avenue
which was distributed at the single missed session on December 13,2012 which
evidence included an audio recording of the missed session. This certification was
submitted prior to the undersigned's participation in a vote on the matter and shall
become part of the record of the hearing.
Nam Date:
Board or Commission: Salem Conservation Commission
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
' WPA Form 1- Request for Determination of Applicability city/Town
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out 1. Applicant:
forms on the Robert Tyack btyack@comcast.net
computer, use Name
only the tab key E-Mail Address
to move your 65 Pond Street
cursor-do not Mailing Address
use the return Essex MA 01929
key. Citylrown State Zip Code
Q Phone Number
36-7179
V� Phone Number Fax Number(if applicable)
2. Representative (if any)
Firm
Contact Name E-Mail Address
Mailing Address
Citylrown State Zip Code
Phone Number Fax Number(if applicable)
B. Determinations
1. I request the City of Salem make the following determination(s). Check any that apply:
Conservation Commission
® a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to
jurisdiction of the Wetlands Protection Act.
❑ b. whether the boundaries of resource area(s) depicted on plan(s) and/or map(s) referenced
below are accurately delineated.
® c. whether the work depicted on plan(s) referenced below is subject to the Wetlands Protection Act.
® d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction
of any municipal wetlands ordinance or bylaw of:
City of Salem
Name of Municipality
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wparorml.doo Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
WPA Form 1- Request for Determination of Applicability City/rown
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description
1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
204 Highland Ave Salem
Street Address City/Town
Map 13 Lot 1
Assessors Map/Plat Number Parcel/Lot Number
b. Area Description (use additional paper, if necessary):
Existing building (New England Veterinary Clinic)and tree bordering wetlands
c. Plan and/or Map Reference(s):
204 Highland Aerial Photo 11/19/2012
Title Date
204 Highland Plot Plan 11/19/2012
Title Date
Title Date
2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary):
Removal of 12 trees within the inner buffer zone. The trees are shading the roof leading to excessive
moss growth. Three of the trees are large, fully mature, and a potential threat to the building. The
proposed work will be done using rigging techniques designed for no soil disturbance. The stumps will
remain in place with no proposed excavation. Wetland-friendly vegetation will be planted to replace trees.
wpaforml.doc Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
WPA Form 1 - Request for Determination of Applicability caYrrown
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description (cont.)
b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work (use additional paper, if
necessary).
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the
Riverfront Area, indicate the one classification below that best describes the project.
❑ Single family house on a lot recorded on or before 8/1/96
❑ Single family house on a lot recorded after 8/1/96
❑ Expansion of an existing structure on a lot recorded after 8/1/96
❑ Project, other than a single family house or public project, where the applicant owned the lot
before 8/7/96
❑ New agriculture or aquaculture project
❑ Public project where funds were appropriated prior to 8/7/96
❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
❑ Residential subdivision; institutional, industrial, or commercial project
❑ Municipal project
❑ District, county, state, or federal government project
❑ Project required to evaluate off-site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an
application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality
Certification from the Department of Environmental Protection.
b. Provide evidence (e.g.. record of date subdivision lot was recorded) supporting the classification
above (use additional paper and/or attach appropriate documents, if necessary.)
wpafonni.doc
Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
�
WPA Form 1- Request for Determination of Applicability City/Town
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
and accompanying plans, documents, and supporting data are true and complete to the best of my
knowledge.
I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office were sent a complete copy of this Request(including all appropriate documentation)
simultaneously with the submittal of this Request to the Conservation Commission.
Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for
Determination of Applicability.
Name and address of the property owner:
Robert Kart
Name
30 Cypress Hollow
Mailing Address
Bluffton
City/Town
South Carolina 29909
State Zip Code
Signatures:
I also understand that notification of this Request will be placed in a local newspaper at my expense
in accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations.
CJ Z
Signature of Applicant Date
Signature of Representative(if any) Date
wpaforml.doc Page 4 of 4
f
Robert Tyack
65 Pond St
Essex, MA 01929
Phone (978) 836-7179
Email btyack@comcast.net
Request for Determination of Applicability
204 Highland Ave Salem,MA
Overview
The property owner requests permission to cut 12 trees within the wetlands buffer zone. Some of the trees are posing
a risk to his building(New England Veterinary Clinic) due to their size, proximity, and the unstable hydric soil.
Others are shading the roof causing excessive moss growth and deterioration of the shingles.
Diameter and species (refer to aerial photo)
Species Diameter(at breast height) Distance from wetland boundary
1. White Ash 29" 10'
2. Sycamore 28" 8'
3. Sycamore 27" 3'
4. Sycamore 6" 8'
5. Silver Maple 9" 1'
6. Silver Maple 8" 6'
7. Silver Maple 10" 10'
8. Black Cherry 16" 10'
9. Black Cherry 12" 15'
10. Black Cherry 12" 17'
11. Norway Maple 10" 18'
12. Black Cherry 10" 18'
Mitigation Plan
The trees would be removed using rigging methods that will have little or no soil disturbance. The stumps and root
systems will be left intact; there will be no excavation or stump grinding.
I propose replanting wetland-friendly species of shrubs (as opposed to trees) so that the current and future owners are
not in the position to deal with the current predicament. I suggest a total of 18 shrubs be planted to replace the 12
trees.
The following species are all classified as Facultative Wetland Species (species that usually grow in wetlands) and
provide excellent soil stabilization on shores and wet meadows:
• Red Chokeberry
• Silky Dogwood
• Re-osier Dogwood
• Speckled Alder
If shrubs are not acceptable to the Commission,the following tree species are recommended:
• Red Maple
• Silver Maple
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11, 2013
Tom Devine, Conservation Agent
Department ol'Planning and Community Development
120 Washington Street
Saiem., t19A.01970
RE: Tree cutting at 204Highland Road, Salem
Deur Mr. Devine and Conservation Commission Members_
Bob Tyack of Markham Tice Service asked me to view several trees marked for removal
at the New England Veterinary Clinic site at 204 Highland Avenue. I viewed the site on.
January I1, 2013,
Mr Tvack provided me with the information he presented to your Commission, and their
showed me each tree to be removed. There were 12 trees on the original list. Mr_Tvack
informed me that the Commission already denied the rctnoval o@tree number 1, a white
ash. 1 examined the remaining trees to determine il'any of the trees occurred %vithin the '
wetland area adjacent to this building
The wetlands in the vicinity of the tice clearing occurred kvithin a topographic Swale
between the veterinary building and the adjacent property. The wetland boundary
occur ed at the bottom of a well defined slope. Tree number 5 —a 9-inch silver maple,
was indeed on the wetland boundary. Had I been flagging the boundary, I likely would
have tied a flag onto this tree, All othertrees were outside orwetlands.
Feel free to contact nue if you have any questions regarding my field visitt or this letter..
Sincerely,
Wetlands &Land,Management, Inc.
i✓t1 Civ— °u
William J. Manuell
Wetland Scientist
CC:: Bob Tvack-- Markham 'Tree Service
Robert Tyack
65 Pond St
Essex, MA 01929
Phone (978) 836-7179
Email btyack ,comcast.net
November 20, 2012
Mr. Tom Devine
Conservation Agent/Staff Planner
City of Salem
Department of Planning & Community Development
120 Washington St., 3rd Floor
Salem, MA 01970
Dear Mr. Devine,
I enclose WPA Form 1 and supporting materials for a tree removal project at 204 Highland Ave
in Salem.
I request that this be heard at the December 13, 2012 meeting of the Conservation Commission.
Sincerely,
Robert Tyack
cc: Mass DEP
ti
V ar V
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-
City of Salem Department of Planning & Community Development
Check/Cash Receipt and Tracking Form —
Please complete form and make two copies.
Date Received
Amount Received
Form of Payment Check Cash
Client Information
CASH PAYMENTS: client initials
Sign Permit Application Fee
Conservation Commission Fee
Planning Board Fee/ ZBA
� Payment received For what
service? ❑ SRA/DRB Fee
Copies
❑ Other:
Name of staff person receiving ,
payment
Additional Notes
TNB FIRST NATIONAL BANK 4074
OF WSW"
MARKHAM WOOD PRODUCTS LLC 53-471/113
BA MARKHAM LUMBER COMPANY uz
127 WESTERN AVE. 11/20/2012
SSEX,MA 01929
PH.978-768-1144
PAY TO THE City of Salem I @ !!25.00
ORDER OF
Twenty-Five and 00/100iifflf4rtrtifk4#µ#f114f1rt#µ#iµif#Hfifflfrtkrtrtrt#fµfiflll4#4µµ#fifi4#iµfifflf##µ#Hfflfkµiffifllllrtrt#ffif
DOLLARS e
City of Salem 3
Department of Planning & Co
120 Washington St. 3rd Floor
Salem, MA 01970
MEMO LL
ConCom filing fee - r
SIGN------ -- ---
AUTHORIZED SIGWCiURE w
118004074ii' 1:01 13047 L L1: 2000[ 8aaGB LiiF
Copy L
Copy 1: \I'UIn' Ifhll: i I!, .
40"in
CITY OF SALEM
CONSERVATION COMMISSION
SITE VISIT FORM
PROJECT LOCATION: DATE OF SITE VISIT'
PROJECT PROPONENT Qh P FIL1E NUMBER:
PROPOSED ORK: Lg�-0UL ♦e� —�� 6f, �r�S �� l�u��
1 ry
Commission Members/Agent: � Abutters:
Applicant/Property Owner/Representative: ai
• SITEyISITPURPOSE,
❑Photos ❑ Site Map ❑Other:
OBSERVATIONS: . m
Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution;
topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species
habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas;
adjacent land pses. p
P.. V�- wiI
`RECOMMENDATIONS.: 9 : :. : s ,
WE
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;1A lV
City of Salem, MA 10/31/2012
Interactive Map
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Pr
Property Information
Property ID -t3-0006_"
Location -$042-rlRST
MAP FOR REFERENCE ONLY
NOT A LEGAL DOCUMENT
Because of different update schedules,current property
assessments may not reflect recent changes to property
boundanes.Check with the Board of Assessors to confirm Elboundanes used at time of assessment.
CITY OF SALEM
CONSERVATION COMMISSION
Salem Conservation Commission
978-619-5685
Will hold a public hearing for a Request for Determination of Applicability under the Wetlands
Protection Act MGL c 131§40 and Salem Wetlands Protection&Conservation Ordinance for Robert
Tyack, 65 Pond Street,Essex MA.Purpose of hearing is to discuss removal of trees within buffer
zone to a wetland resource area at 204 Highland Ave. Hearing will be held 12/13/12 at 6pm in
City Hall Annex, Rm 313, 120 Washington St.
Please print legal ad on:
December 6, 2012
Please invoice:
Robert Tyack
65 Pond Street
Essex, MA 01929
978-836-7179