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14-16 HODGES COURT - CONSERVATION COMMISSION I to ito of s urS -t Tat F- MOX 1 l - - - - - - - - - - - - - - - - - - - - - - NOI/RDA Status Sheet Address: IA- 16 th4� bt DEP#: Application Type: " Date Submitted: Contact Name: Phone: Proposed activity: Woplication Complete rrect Fee Received ❑ Abutters List Requested ❑ Received Evl,�eegal Ad Sent egal Ad Confirmed ff'Online wAdded to Agenda VAgenda to Applicant ff-Agent Comments to Commission ❑ DEP Comments Hearing Opened: bl I Continued: — Site Visit: i l 2-G4 l�- ❑ .JOutters Notice Confirmed iVPerm!pSent to Applicant and DEP � &'Confirmation of Delivery u4 ermit Uploaded to Salem.com ❑ EWiration date added to calendar 'Added to database ❑ Applicant Recorded OoC with Registry ' 1 Preconstruction Meeting. , ❑ Certificate of Compliance Sent to Applicant and DEP ❑ Applicant Recorded CoC with Registry Notes: "Italics indicate only required for NOI HACON COMMUdministrative\project status sheetW01 and RDA status sheet 2017-6-15.doc r SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. atu � ■ Print your name and address on the reverse X - le" so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpieee, B Receiby noted Name) C. Date of Delivery or on the front if space permits. vgtl t -ilk 7 1. Article Addressed toJ:� D. lyyey Lff rgnt a ❑Yes Ca/QUn t�„'L1 /f! 7 1�✓'t f_.ES.entgrtlelBeeryd3 t, 'ioIVo OCT 20 2017 ?twe 437V6(. ,�.rvyt Mft E)w� DEPT. (1F PLANN!NG$ I I I��I' ILII II I II IIIIi I II (III I III I II(III III 3.D Adult Sig atume 11 Rregisrst Registered M pm ss® 9590 9402 3271 7196 0030 87 D Adult Signature Restricted Delivery D Registered Mal Restricted R'Certlfled Mall® Delivery D Certified Malt Restricted Delivery D Return Receipt for D Collect on Delivery Merchandise, 2. Article Number(fransferfromservidelabeQ ,R'r'rD Collect on Delivery Restricted Delivery D Signature Confirmation' ='�r D Insured Mail D Signature Confirmation 7 017 14 5 0 '0 0 01' 5 9 3 6 8 6 0 7 1 D Insured Mail Restricted Delivery Restricted Delivery _ (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt f - - W:PG# First-Class Mail Postage&Fees Paid j VIII III I�Iflll I III I I Pe ms No.G-10 9590 9402 3271 7196 0030 87 United States •Sender: Please print your name,address,and ZIP+q®in this box- Postal Service --- - Salem Conservation Commission 120 Washington Street, 3rd Fl Salem, MA 01970 114- 1 (e t*40YL I'C� g« z x CITY OF SALEM CONSERVATION COMMISSION October 16, 2017 Salem Residential Rental Properties c/o Mike Becker 22 Hawthorne Blvd. Salem, MA 01970 Re: Determination of Applicability-14-16 Hodges Court Dear Mr. Becker: Please find the enclosed Determination of Applicability for the above-referenced project. This document is effective for three years from its date of issuance. If you have any further questions please feel free to contact me at 978-619-5685. Sinc ely, Ashley Green Conservation Agent Enclosure cc: DEP Northeast Regional Office William Manuell, Wetlands & Land Management 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 Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Salem Residential Rental Properties return key. Name Name 22 Hawthorne Blvd 'd Mailing Address Mailing Address Salem MA 01970 CilyRown State Zip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: 14-16 Hodges Court- Landscape Hardscape Concept and Landscape Plan No date Title Date Title Date Title Date 2. Date Request Filed: 9/28/2017 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): Contruction of new driveway and steps; removal and replacement of a tree and installation of a landscape border; repair/replace an existing patio in buffer zone to floodplain per Request for Determination filed 9/28/17 Project Location: 14-16 Hodges Court Salem Street Address Cityrrown 35 311 Assessors Map/Plat Number Parcel/Lot Number vvpator A=•Deteonimion of Applimbility•rev.12/14 Page 1 or 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.) 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 Munioipatity Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpafomldw•Determination of Applicability•rev.11/14 Page 2 of 5 D 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, g 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 of a Notice of Intent, subject to the following conditions(if any). ❑ 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. wpaformldw•Determination of APPlicability•m.12114 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) 2 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: [I by hand delivery on 2 by certified mail, return receipt requested on �D Itr 1�- Date Date T— 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 appropriate DEP Regional Office(see hftp://www.mass.gov/eea/a6e'ncies/masgder)/about/contacts/) and the property owner(if different from the applicant). Signatures: u�. 04� _ IDII 2Il�- Date wpafam2 Aw•Deteninabon of Applicability•rev.12114 Page 4 M 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://www.mass.gov/eea/a-qencies/massdep/about/contacts/)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. wpaform2.doc•Determination of Applicability•rev.12114 Page 5 of 5 L11Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a.Street Address b.Cily/Town,Zip c.Check number d.Fee amount Important: When filling 2 Person or party making request(If appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do Cityr om State Zip Code not use the return key. Phone Number Fax Number(if applicable) _Q 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions(Form 5), Restoration Order of Conditions(Form 5A), or Notice of Non-Significance (Form 6)): rma Name Mailing Address Cityrrown State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability—Fee: $120 ❑ Superseding Order of Resource Area Delineation—Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.dm•Request for Departmental Action Fee Transmittal Fonn•rev.12114 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP 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 htto://www.mass.gov/eea/agencies/massdeo/about/contacts/). 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. wpaform2AW•Request for Departmental Action Fee Transmittal Form•rev.17114 Page 2 of 2 CITY OF SALEM CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability for Salem Residential Properties c/o Mike Becker, 22 Hawthorne Blvd, Salem MA. Purpose of hearing is to discuss removal of a tree (after the fact) and proposed construction of a driveway and steps,replacement of a tree, installation of landscape border, and repair or replacement of existingpatio at 14-16 Hodges Ct within an area subject to protection under the Salem Wetlands=Protection & Conservation Ordinance. Hearing will be 10/12/17 at 6:30pm in City Hall Annex, 3 d floor conference room,-120 Washington St. Salem News publication date: October 5, 2017 Credit card payment to be arranged by: Salem Residential Properties c/o Mike Becker 22 Hawthorne Blvd Salem, MA 01970 (978) 590-4181 Request for Determination of Applicability Wetlands Protection Act and Salem Wetlands Ordinance 14-16 Hodges Court Salem, MA September 2017 Wetlands & Land Management, Inc. 100 Conifer Hill Drive — Suite 516 Danvers, MA 01923 Wetlands & Land Management, Inc. 100 Conifer H01 Drive-4516 Danvers, MA 01923 978-777-0004 Telephone September 26, 2017 Ashley Green Salem Conservation Commission 93 Washington Street Salem, MA 01970 RE: Request for Determination of Applicability Application New driveway and grounds improvements 14-16 Hodges Court Dear Ms. Green and Conservation Commission Members: On behalf of the applicant, Wetlands & Land Management Inc. is submitting this Request for Determination of Applicability for the installation of a driveway and other landscape improvements at 14-16 Hodges Court. The drive will be in the area of what used to be the side yard of the building on the lot. The applicant is seeking a negative determination that the work is not subject to the Wetlands Protection Act regulations and the work is in the jurisdiction of the Salem Wetlands By-law,but work can continue under a negative determination. Excavation work has already started, but work is on hold pending review and receipt of the negative determination from the Conservation Commission. The property is located at 14-16 Hodges Court. The site is developed with the existing house, backyard patio and landscaping on the property. The house is on the corner of Derby Street and Hodges Court and faces the east with the water and historical Wharfs to the south. The property is situated just outside of the 100-year flood line but a portion of the site and the proposed work is within the 100-ft. buffer to flood line. This project will include: • Removal and replacement of a hazard tree (due to insect damage and rotting) • Install new driveway with connecting steps to the existing patio • Repair/replace flagstone patio in the rear of the home • Regrade side yard, replace grass, repair/replace the existing fence along Derby Street. • Install landscaping border along Derby Street Wetland Resource Areas There are no coastal wetland resource areas on the site. Salem Harbor is on the opposite side of Derby Street. The nearest coastal resource area is the coastal bank along the wharves on the other side of Derby Street. The closest corner of the closest wharf is over 200 feet from the corner of the subject property. The subject property and all work is outside of any wetland resource area or buffer zone pursuant to the Wetlands Protection Act Regulations. Land Subject to Coastal Storm Flowage The attached FEMA flood map shows the 100-year flood line approaches the site from the harbor across the street,but does not encumber any portion of the property. The Salem Wetlands By-law establishes a buffer zone from the 100-year flood line. The property and the proposed work is within the buffer zone to the 100-year flood elevation. Rare Species A review of the 2017 MassGIS Oliver Viewer indicates there are no certified vernal pools, estimated habitat of rare wetlands or priority habitat of threatened or endangered species on the project site. Proposed Work Work has already started on the site. The owner has stopped work pending review of this RDA. To date,the applicant removed an insect damaged tree, grubbed and removed top and subsoil from a portion of the proposed driveway. The applicant informed me he would install a straw wattle across the edge of sidewalk to prevent sediment migration off the property. When work resumes, this wattle will be temporarily removed during the work day and re-installed at the end of each day. The remaining work includes completing the proposed driveway area,possibly repairing or replacing the existing flagstone patio at the rear of the building, re-grade and restore the grass side yard area of the property and install landscaping and a replacement tree within the side yard of the property. The driveway construction requires minimal additional excavation to remove the topsoil layer. This soil is being taken off site as it is excavated. With the ground surface cleared and grubbed, the contractor will import suitable sub-base material on which to construct the brick paver driveway. The subbase material is install and compacted. The brick driveway surface is installed on top of the compacted subbase material. The rear yard will be graded and smoothed. Landscape plans included with this submission illustrate installation of a replacement tree for the one that was damaged and removed. Other screening vegetation along the Derby Street side of the site will be installed as well. 2 The work is suitable for a negative determination pursuant to the Salem Wetlands By- law. The project does not alter or fill any coastal flood plain. The work is over 200 feet from any adjacent coastal wetland resource areas on the opposite side of the street. Proper erosion controls will be installed at the end of each work day. The insect damaged tree will be replaced with another tree. On behalf of the applicant, we respectfully request to receive a negative determination for the proposed work. Would you please schedule this matter for your October 12, 2017 meeting? I will attend to discuss the project and answer any questions. Sincerely, Wetlands &Land Management, Inc. William J. Manuell For the Applicant 3 F & 1 a P 4. �yw � M i r r � S i 1 f.r s "y PON, p} l r Picture 3: View from the comer of the closest wharf facing the house. —September 25, 2017 1 t b - Picture 4: View from the southwest corner of the house facing the proposed driveway area. — September 25, 2017 5 Locus Map Source: United States Geological Survey �a �. .?G YAM 4 v1 ,g BE � '�,� —•fig• rt^'1 c� I( _ �; .;.� �'•O R r b��� ����� �t"-;�✓ _ 41 I n� i�\\,\`�1\,'�II ��� �"`-`ice ,:yb . \raM► qb♦ IIS. vv hgi rr � 0 � ice. rel �•- �. � �� � & fps .�-�.is' 111 N Wetlands & Land Management, 11 Conifer Hill Drive - #516 Danvers, MA 01923 1978-777-0004 .� �vtP F / � r On Rt M'f'r em`ti ;'•" -, y. �SBROW�N 9 COl1RT< ' O a � ���•'y-- �? INDIA �? m .�4 y s9� FT ?'sTREETt� MAP SCALE 1" =500' s� OURT ' I { •_, 14-16 Hodges ' N&I " 50 0 SoD 1006 TETREET FEET COU WASHING N� Court ET . " 'AN ' A kaCTGQ v'1N a z SGUARE SOUTH F•RR TER �Q`�FL � gSPEET m�0 s•L4t�v �'�� ST EET � F""gTREETo '� '"` .«« 5i. r aZ ESSEXSTREET r + r .,•e• I, yam• <, + `N�. s `9 c+19� yN in' y mL PANEL 0419G t9 N�0`9. N•. (0y \y`�b'' i.. ! i` r � ,r ",a - ��° FIRM ��' 912 tR9.1 r•6 »,•.i „ ' � rr77��p f 4�,,,,. o m = a� ,�,,�,�,� ,, ,��j�: i �f•• not FLOOD INSURANCE RATE MAP TAjEETiO ESSEX COUNTY, SCN �`k: .:� r ?J.•. .;,•.. ® MASSACHUSETTS t"lt 1A P i. ` .r ,. it (• -. DANIELS STREET nm (ALL JURISDICTIONS) x cAit F ,4 ., EOURT n i • t�J01 • 4 t!, PANEL 419 OF 600 '• �6_r • •_ i (SEE MAP INDEX FOR FIRM PANEL LAYOUT) , �.ti'• ZONE'AE ' CONTAINS (`DERBY • r • a coMuurvin NUMBER PANEL SUFFIX r } f ((EL 10) •" 1MgBL On'OF OF x5008, Ni. G N.• yam,gSTREET I • \1' � n suaa.an or aomx we G r PEABrO•DY ��• yy . .. SOUT•HRL `t 5' Y PEABO T� [' WARD eBRID�iE+� 1 „y *y„4 r' �•' Tf� TSTREET • ` '�' R a., •v ZONE E .�� CVD HARBOR STREET.K 9cKh51�' tir Notice to User: The Map Number shown below rT W.9 PRINCE {� LYNOH'STREET INR ♦•d! should be used when placing map orders; the Community Number shown above should be ` l map STRE•E�T _W6 n • i a+: ••�.. usetl on Insurance applications for the subject ;;'g us 'PLACE n: k' Y W # •- •yri. we .�•yy �l I d �2 2 7[ 1 ayy� •. •.r^fx MAP NUMBER ••� '�' 25009C0419G *?>in STREET k �..;' BEET HARRISON •' Utz e- j ¢ • ;:n •' s�4rvZ MAP REVISED 4 rAVENU7 it mO y �. JULY 16,2014 R r� • ,.{fn Zy ,tQ PALME • �• '�, Federal Emergency Management Agency I a N STiRW... a 5 cc..• I :• •', ITT T1im Nt I• tl Thi.is an•'•ZONE AE �'• was ex[rac[eC'usin°py of a portion of the above referenced flood map It %�lT •... ¢ g MIT On-IJ neThis map does not res act changes W.. P �g{ •+ _ '.•;r .w.w,•., (EL 16)• or amentlmema which may hale been made subaequeM to the date on the s,1 4 i'•• y• ••• • title block. For the latest product Information about National Flood Insurance Vt1T y •R• 7.'!� •.,p, .'A.4••�'•'•!s• Program Aood maps check the FEMA Flood Map Store at yww,mac.Mm a.goy Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 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 Salem Residential Rental Properties, Mike Becker computer, use Name E-Mail Address only the tab key to move your 22 Hawthorne Boulevard cursor-do not Mailing Address use the return Salem MA 01970 key. Citylrown State Zip Code 978-590-4181 � Phone Number Fax Number(if applicable) 2. Representative (if any): LD1° Wetlands & Land Management Finn William Manuell bill@wetlandslm.com Contact Name E-Mail Address 100 Conifer Hill Drive, Suite 516 Mailing Address Danvers MA 01923 CityrFown state Zip Code 978-777-0004 Phone Number Fax Number(if applicable) B. Determinations 1. I request the 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: Salem Wetlands By-law Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wraforml doc Page 1 014 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands cityTown WPA Form 1 - Request for Determination of Applicability 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): 14-16 Hodges Court Salem Street Address City/Town 35 311 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): Existing multi-unit residential building. c. Plan and/or Map Reference(s): 14-16 Hodges Court—Landscape Hardscape Concept and Landscape Plan No date Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): Construct a new driveway and steps, Remove and replace a tree and install a landscape border, repair/replace an existing patio in buffer zone to floodplain-a Salem By-law Resource area w Paforml.doe Page 2 of 4 Massachusetts Department of Environmental Protection -7 Bureau of Resource Protection - Wetlands WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor 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). All work is more than 100 feet from the nearest coastal bank/edge of wharf. 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.) wpaforml do Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 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: Mike Becker-Salem Residential Rental Properties Name 22 Hawthorne Boulevard Mailing Address Salem CityTown MA 01970 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. J Sigfi6tureo pplicant Date 1 27 -?Of7 Sig� .atpreAtive(if any) D a wpaforml.doc Page 4 of 4 r. t ! Write - description f• • .• o ' Cr"" }� r • �.� a _;r , . +c ►Y }..R 74 I , t ' -.. � .. v ��te"""""e"'W J�"� 4 � • F"sA_— •r� � }� _� �) I. . ^ '�-j�Niru, •�,P J•� _ +i?. �.., _.. ,y �''. i A .�k� f "'" r _ '" _,� . .. '�"-" t i „�'•""'!ail = ?�J �.-�.� e, c r ,�i iTT_ r•._,�:�-m...•' ' 1 ..� �4n tr ri �.-..-•r-'r .�5. J' `� F' � � _- ' 13 El 35 buffer to flood line LI r 13 M to ••• x—• { 14 es Ct 9 1 r 'Hddges ' ..- ,� ' jj �` _ a : y• ....tea "� ,,-•----rte••.^ - 11 � 91 El Edge of wharf closest water to �.' j � � _ .rte . 4,.,..�•-a.- { r "<f� � y r � � � 'k• , .. . t wr.r tc* e #�y.p .T', y,:� � �.•. y ���` 'Y _ Lir hJ Q LI GoogleE�arth ` - =tr. - u o ©2017 Google t',.` ;rk+i. .� ra t=e'ay :x r^"+� .`�O t -t ��o ft . �I Landscape Architect Plans / FENCE SCALE 1/8"=1'O" 9g EXISTING TREE TO REMAIN 16' 8' 0 8' 16' EXISTING PATIO TO REMAIN ' / L4 (TW 95.7) l� BW 95J 'gb' I TW 98.8 V ' % LEVEL RECLAIMED GRANITE WALL 463 CO ) (TW 94.7) BW 94.7 95 / NEW GRANITE STEPS WITH HANDRAIL; �Yl t % '{ 95.0 MEET EXISTING GRADES -) 6"X6"CURB a f (92.9)% BRICK PAVIN6IN HERRINGBONE AT WALKWAY (TW 94.7) %` --1:6%' c 95.0 BW 94.59 —,t EXISTING WALLTO REMAIN; �� ( 0 a ++ — BRICK PAVING IN HERRINGBONE NEW WOOD FENCE ON TOP 1' 'i cl G, PATTERN AT DRIVEWAY L G 9 45 EXISTING CURB I ,� FW9g69 1 lr q7q TRANSITION ZONE ENDS �2°l0 o +~• '94 U. 949 "If NEW ASPHALT SIDEWALK 1 n RECLAIMED GRANITE WALL (TW 94_g) .3 a T° GATE TO MATCH EXISTING ' (BW 92.7) (BW 95.2) --- — EXISTING WALL TO REMAIN;SAW CUT AT N EW WORK SAW CUT \\ 1 6Iw la ' `— SAW CUT B'L- T A' 1 TRANSITION CURB TRANSITION CURB CL _ _ _ _ _ _ _ _ _ _ JC' FLUSH CURB LANDSCAPE HARDSCAPE CONCEPT (X)—EXISTINGGRADE 1 SCALE:}"=i'-o° MDL A 14- 16 HODGES COURT CONCEPT SALEM, MA rnmenei DINGILO fT0/�c7 t-jr CGV/Lr 02 EXISTING TREE TO REMAIN G SEED DISTURBED AREAS II EXISTING SHRUBS TO REMAIN I AMELANCHIER'AUTUMN BRILLIANCE' MULTI-STEM,6-8'TALL $ 25 CA OS FOERSTER'2 GALLON I Q CONTAINERS SERVICEBERRY fN l ^W [V l SCALE I/8"=1'-0" 16' 8' 0 8' 16`— — 14- 16 HODGES COURT M D LA SALEM, MA MiCHAeLDANcem111d,lupe.n'ehl¢emm 03 Imgesn Q �' r n Mnfsac�ufmf ` w fVew5ep 2013 vvtt Ilk 4c� MAI w . I � BEFORE 1 . goo ie ^rte ��. 'f T, f.f N •. � IV- 1 .X •a 4.v If(J« Oro* "''` : fix,, '-w 1 f s. '3 •V \ I T At NOW r A..L. 1 sw r 1tf • • Q'�A' �r(iGIIn�IIN'C��f,�,C30OG;VV�1.�'�E!13E?s� , \ � = t+� ,�t4�f ee �) CITY OF SALEM • ` g%' CONSERVATION COMMISSION SITE VISIT FORM PROJECT LOCATION: U,_ DATE OF SITE VISIT* I� PROJECT PROPONENT: Ile— DEP FILE NUMBER: \ PROPOSED WORK: G� IUPuJ V� "I% IN ATTENDANCE: Commission Members/Agent: � \ Abutters: Applicant/Property Owner/Representative: • SITE VISIT PURPOSE: L". V� SITE VISIT DOCUMME{'NTATION: Photos - Site Map ❑Other: OBSERVATIONS; 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 uses. avyl RECOMMENDATIONS: • r 2j CITY OF SALEM q 4i CONSERVATION COMMISSION September 27, 2017 Michael Becker Atlantic Coast Homes 22 Hawthorne Blvd Salem, MA 01970 Certified Mail 9'1017 1450 0001 5936 8553 Re: Wetlands Violation at 14-16 Hodges Court— Dear Mr. Becker: Thank you for speaking with me regarding the wetlands violation of removal of a tree and ground disturbance without a valid permit at 14-16 Hodges Court. I look forward to working _ with you to resolve the violation. As we discussed, the property is within 100 feet of the 100-year floodline,which is an area of jurisdiction under the City of Salem Wetlands Protection &Conservation Ordinance(ch.50-2). The Ordinance states that a jurisdictional area may not be altered, dredged, filled, or removed without a valid permit from the Conservation Commission. Any violation of the Ordinance may result in enforcement actions including up to a$200 fine per day, per violation. Furthermore, the responsible party may be required to restore any unlawfully altered protected areas. hi order to resolve this violation,the Salem Conservation Commission requires the following actions: 1. Submit a Request for Determination of Applicability or Notice of Intent no later than November 2, 2017 to be reviewed at the November 16`b Conservation Commission meeting(or you may submit by September 28`s for the October 12th meeting). 2. Provide any information the Commission requires to review the application in a timely manner and implement any mitigation the Commission requires on the Commission's selected timeline. The Conservation Commission reserves the right to issue a subsequent violation letter requiring further actions to resolve this matter, such as implementation of any mitigation or restoration required as a condition of a Determination of Applicability or Order of Conditions issued by the Commission. The Salem Conservation Commission appreciates your cooperation in this matter. Please contact me at 978-619-5685 with any questions. 1 Sincerely, � " n �, 0�- shley Crreen Conservation Agent CC: DEP Northeast Regional Office Elizabeth Rennard, City Solicitor 2 r Ashley Green From: Ashley Green Sent: Tuesday, September 26, 2017 8:37 AM To: 'mike@atlanticcoasthome.com' Subject: RE:Conservation Commission process Hi Mike, I talked with Bill Manuel this morning regarding the project and let him know what the Chair said, but I wanted to communicate with you directly as well. The Chair said all work must stop until after approval is received. He also said either silt fence or straw bales must be installed immediately to prevent erosion. Let me know if you-have any questions. — Thank you, — Ashley -_ Ashley Green I Staff Planner/Conservation Agent City of Salem Department of Planning & Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 978-619-5693 1 (F) 978-740-0404 agreen(aDsalem.com I www.salem.com From: Ashley Green Sent: Monday, September 25, 2017 12:36 PM To: 'mike@atlanticcoasthome.com' Subject: FW: Conservation Commission process Hi Mike, Thank you for talking with me this afternoon regarding the permitting process for 14-16 Hodges Court. The checklist is at: www.salem.com/conservation-commission/files/checklist-file-request-determination Again,the deadline for the October 121h hearing is on September 28th. I'm reaching out to the Chair right now and will get back to you on how to proceed until the hearing. Thank you, Ashley Ashley Green I Staff Planner/Conservation Agent City of Salem Department of Planning & Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 978-619-56931 (F) 978-740-0404 acreen(@salem.com I www.salem.com t From: Tom Devine Sent: Wednesday, April 12, 2017 1:11 PM To: 'mike@atlanticcoasthome.com' Subject: Conservation Commission process Mike, Thanks for speaking with me a moment ago. Here is a checklist for submitting an application to the Conservation Commission for your Hodges Court project: http://www.salem.com/sites/salemma/files/uploads/`rda checklist.pdf Please feel free to contact me with any questions. Best, Tom Tom Devine, AICP I Senior Planner City of Salem Department of Planning &Community Development 120 Washington St., 3rd Floor I Salem, MA 01970 978-619-5682 1 Fax: 978-740-0404 1 tdevineasalem.com 2 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse Xnt so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the-mailpiece, B. Re b P ame) C. Data of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item es /VAQ el ! &key If YES,enter delivery address below: �1�0 A lawfir, L W84- tfvv,/-s 21 #A"4Uo01-p— $IJd- SaltAA&l Mk o�q� 111111Jill III 11111111 III II 11111111111111111 9AAAd°du s9tureervice BRestricted Delivery 0Registe Register0 Priority Mail ed 9590 9402 3271 7196 0030 32 Unified Mail® Delivery ❑Certified Mail Restricted Delivery 0 Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery O Signature Confirmation^" ❑Insured Mall O SignatureConfirmation 7 017 1450 0001 5936 85531 0 Insured Mail Restricted Delivery Restricted Delivery (over$500 PS Form 811,July 2015 PSN 7530-02-000-9053. Domestic Return Receipt f USPSMACM1310 � VIII III IIIIIIII I I IIIIIIIIIIIIII PS St No.G-10 Paid I I 9590 9402 3271 7196 0030 32 United States •Sender:_Please.print your name,address,and ZIP+q®in this box• Pos rSffjt E EaConservation Commission 120 Washington Street,.. 3rd FI OCT 10 2017 Salem, MA 01970 I DEPT. OF PLA mini Gia - — -- -—- — ---� COMMUNITY DE FLOP - 7 I