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204 HIGHLAND AVENUE - CONSERVATION COMMISSION (2)�� � ;gwl��d h-.c. RQIJ / -- -- \ i 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. h 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. 4 _ 4 � r a� . i � i5 r W;f tY T 4 �1 1/��/JejF /t• � !�i`Y�S x � `�",�' ' .: x`��`����l,� z' f .•" �, s ;Ski A. 2i . . , , ailIV a„ CW W11 IA ! 1 U h r .. 0 1 _ �-�"- .. _ v O N CB O 0 O O ) r4 N Q y 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 : { `S t eft � tt: } F. a s= 7 a e 4 r-�- €�u a I O �W '�13 60 N Oq 303 OZ 150'fal— f O19 EM Ns d ZOCl/5 A-Id� 16q l3 ZONING 91S7ZIC7-5. 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T'Y..� 1 ,IK i,%,�. r,ICr ✓'lav• Ap '_'"Je,.. .. /l;t J� a 'H";,�,J1 a �i 5± '�Y' x✓ .. ,'.P..a _ ,� .r ` r t.r„�Ir•r;YL�r���4- 1 � :. "�Yq�v, l • � ss r ) " �// � r . ��. - G sem, � -awi,� �� '''r�"d�"'� � 'P :.. f{1'. • '`; .-��.,d,�x r Wetlands & L11nd ix4" FC€ a t`E'il1E.nt, .(t1C. Cent r Ii;3lxree- >1<< {:+9Ji*�3S.IL^trS C}f'Sv ?w-"194uD5 1':y1 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 c� - 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 / \ r ;1A lV City of Salem, MA 10/31/2012 Interactive Map ♦♦T j. r $r y d�k I Me � c CIO, I � a x` a}'Y vJJT AAA, 4eK 1 01 r N� r d k �•: 0 166 feet 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