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37 INTERVALE ROAD - CONSERVATION COMMISSION� �d 9-10-2001 3-27PM FROM P. 3 Massachusetts Department of Environmental Protection Salem & Bureau of Resource Protection -Wetlands cftyfro" WPA Form 1- Request for Determination of Applicability a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1 . a ProJ ect Location use maps and plans to identify the location of the area subject to this request) 37 Intervale Road Salem _ Street A,Mre� -... c tyfrovm 21 gg Ameamm M&FVPf umbw PetoWVLot Ndmbw b. Area Description(use additional paper,if necessary): Portion of the site is wrrenity cleared and rough-graded c. Plan and/or Map Reference(s): Exhibit Plan of Land in Salem, MA9/7/01 Date 2. a. Work Description(use additional paper and/or provide plan(s)of work, if necessary): The applicant proposes to construct a single family home,driveway and associated utilities.Work will be conducted within 100 fent of a bordering vegetated wetland located across the street. b. Idt nthy provisions of the Wetlands Protection Ad 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)_ N/A 9-10-2001 3:21PM FROM P 2 1 Massachusetts Department of Environmental Protection Salem Bureau of Resource Protection -Wetlands cayrrow WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G-L. c. 131, §4O A. Generallnformation important When tiling out 1- Applicant- forms on the Pada A.Connor computer, use only the tab key llama --..-- E-MaB Adm-ess(i(appli�se) to nwve your 47 Herschel Street Cursor-do not Mailing Address use the return A 01901 key. Mncayrtow„ 599-5688wale Zip code .. .. ...---- Plwafe Number 17 K Number{if applicable) .... .._.. 2_ Representative (if any): N" Hancock Environmental Consultants Fan, John G. Dick Contact Name EaNail Address(ft appile") 235 Newbury Street Malang Address ` -------u. fiver IAA 01923 eayiroa n state (978) 777-3050 Zip Coda Phone r __ (978) 774-4205 Fax Manber(a aWcable) B_ Determinations 1. 1 request the Salem make the following determination(s). Check any that apply: cmrservartlon commission ❑ a.whether the area depicted on plan(s)and/or map(s) referenced below is an area subject to jurisdiction of the Wettands Protection Act. ® b.whether the boundaries of resolute 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 Proterpibn 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 Name ofMunkVIOMnay ❑ e. whether the following scope of akematives is adequate forwork in the Riveirkont Area as depicted on referenced plan(s). N/A 9-10-2031 3:20PM FROM P i til 11 \ C0CK FACSIMILE LETTER Enwronmental Cowultants 235 Newbury�-.D omwem.MA 01923 DATE: ATTE ON: FAX NUMBER: Julie Parriro SUaJECT- TOTAL PAGES INCLUDING THIS COVER: DISPOSITION/REQUESTED ACTION: 0 Original to follow by mail 0 As requested QW r your use O Please review/ comment O Please call me MESSAGE: rv.. 1 J(. .7 r 7 rrl v)lil ATTACHMENTS: COPY TO: Please call us if this fax is not clear and complete: Voice (978) 777 3050, Fax (978)774 7816 The infortnatfon contakied in this oommunicaUon Is 00nWentlal and Is Intended only for the use of the addressee. Unauthorized use,disdosure or OOPYft is strictly prohibited. 11/97 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse so that we can return the card to you. - C. Signature 0 Agent ■ Attach this card to the back of the Tailpiece, X ❑Addressee or on the front if space permits. D. Is delivery address different nm item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No � A.Qy�'_�' lw�k�S 4LV �u�-..�.�,Mg�' 3. Service Type Loi\�;w.� ` 1 V `� U�1 Certified Mail ❑ Express Mail 1 UU 1 ❑ Registered ❑ Return Receipt for Merchandise pq ❑ Insured Mail ❑ C.O.D. OCT 04 2001 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number(Copy from service label) U OA VS� B51 PS Form 3811,July 1999 Domestic Return Receipt 102595-00-M-0952 ESTATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No. G-10 r n Cn Sender: Pleasetprlht your name, address, and ZIP+4 in this box ii r�, �, g F'ti !2: •�3 i — F`V aiIk Conservation Commission 120 WashinoWn Street 3rd R Salem,MA 01970 -• = I if} IILi„l,„fli ii„1,1,„},I,JLLI„i,l,,,,i,i} 1U.S. Postal CERTIFIED MAIL RECEIPT (Doni Mail Only;No Insurance Coverage Provided) u, Er C�'M� Z�y. KAT' CC1 Postage $ Certified Fee D Postmark Return Receipt Fee Here E3 (Endorsement Required) C3 Restricted Daiwa,Fee E3 (Endorsement Required) r3 Total Postage&Fees $ O Name(Please Pont Clearly)(to bNomplet�by mailer) M-��� Strom -..o.;or�GBox Nd_ ___________ ___________________________ Q- Apt.No.;or Po Box No. ErM qty Sian ZIP+ ...�...._v_.......___..................................._ 1— .rr Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders; ■ Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailpiece to Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If apostmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999(Reverse) 102595-99-M-2087 U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Oniy;No Insurance Coverage Provided) Call W Postage $ Cal Certified Fee 0 Postmark Return Receipt Fee Here —17 (Endorsement Required) O p Restricted Delivery Fee (Endorsement Required) Total Postage&Fees $ O T Name(Please Print Clearly)(to be completed by mailer) M Er Street,ltot.No.;or Po Sox No. IT - ----------------------_--— -_-----"----------- _---------------- _----- O City,Slate,ZIP+4 r Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A signature upon delivery ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider.lnsured or Registered Mail. j ■ For an additional fee,a Return Receipt may be requested to provide proof of delivery;To obtain Return Receipt service,please complete antl attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece 'Return Receipt Requested".To receive a fee waiver for a duplicate return receipt, a USPS postmark on your Certified Mail receipt is . required. . III'I=oi an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail ^ receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it when making an inquiry. PS Form 3800,July 1999(Reverse) 102595-99-M-2087 L 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 Patricia A. Connor Same return key. Name Name 47 Herschel Street Mailing Address Mailing Address Lynn MA 01901 City/Town State Zip Code City/Town State Zip Code 1. Title and Date of Final Plans and Other Documents: Exhibit Plan of Land in Salem MA Prepared for Patricia A. Connor September 7, 2001 Title Final Date(or Revised Date if applicable) 2. Date Request Filed: September 11 2001 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): Construction of a single family home, driveway and associated utilities. Work will be conducted within the 100 foot buffer zone to a bordering vegetated wetland located across the street. Project Location: 37 Intervale Road Salem Street Address Cityfrown Map 21 Lot 68 Assessors Map/Plat Number Parcel/Lot Number WPA Form 2 Page 1 of 5 Rev.02100 e .} 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) 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. ❑ 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 WPA F..2 - Page 2 of Rev.02/00 c� Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Y 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 owners 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 of a Notice of Intent, subject to the following conditions (if any). 1. Haybales and silt fence will be installed at the edge of the BVW& Drainage Outlet. 2. Construction fence shall be installed along the property line of Lot 410 (Conservation Land). 3. The Conservation Commission shall be notify upon completion work in order to remove the haybales and silt fence. ❑ 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. A PIm 2 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(side applicable statuatory/regulatory provisions) ❑ 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: ❑ by hand delivery on by certified mail, return receipt requested on Date 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 appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). Signatures: CI Jt� c� AAI cam. A� Date NRA Farm 2 P"4 075 Rev.02= - itMassachusetts Department of Environmental Protection IIJBureau 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 Appendix A) 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 Appendix E: 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. WPA Farm 2 Page 5 of 5 Rev.07/00 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 Patricia A. Connor Same return key. Name Name 47 Herschel Street rm Mailing Address Mailing Address Lynn MA FnnA CiryZip Co/Town State Zip Code City/Town State Zip Code 1. Title and Date of Final Plans and Other Documents: Exhibit Plan of Land in Salem MA Prepared for Patricia A. Connor September 7, 2001 Title Final Date(or Revised Date if applicable) 2. Date Request Filed: September 11 2001 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): Construction of a single family home, driveway and associated utilities. Work will be conducted within the 100 foot buffer zone to a bordering vegetated wetland located across the street. Project Location: 37 Intervale Road Salem Street Address Citylrown Map 21 Lot 68 Assessors Map/Plat Number Parcel/Lot Number WPA Form 2 Page 1 of 5 Rev.02/00 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability by 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) 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. ❑ 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 WPA Forth 2 Page 2 cf 5 Rev.02100 Massachusetts Department of Environmental Protection ti Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability 5 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 W 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 of a Notice of Intent, subject to the following conditions (if any). 1. Haybales and silt fence will be installed at the edge of the BVW& Drainage Outlet. 2. Construction fence shall be installed along the property line of Lot 410 (Conservation Land). 3. The Conservation Commission shall be notify upon completion work in order to remove the haybales and silt fence. ❑ 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. WPA Farts 2 Page 3 of 5 Rev.02100 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) ❑ 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: ❑ by hand delivery on by certified mail, return receipt requested on Date 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 appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). Signatures: Date wPA Fo 2 Page4of5 Rev.02M Massachusetts Department of Environmental Protection .� Bureau of Resource Protection - Wetlands m WPA Form 2 — Determination of Applicability �4 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 4 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 Appendix A) 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 Appendix E: 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. NPA Form 2 Page 5 of 5 Rev.02100 - Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability �V 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 Patricia A. Connor Same return key. Name Name Herschel Street Ma � Mailing Address Mailing Address Lynn MA Zip 01 Co City/Town State Zip Code City/Town State Zip Code �a 1. Title and Date of Final Plans and Other Documents: Exhibit Plan of Land in Salem MA Prepared for Patricia A. Connor September 7, 2001 Title Final Date(or Revised Date if applicable) 2. Date Request Filed: September 11 2001 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): Construction of a single family home, driveway and associated utilities. Work will be conducted within the 100 foot buffer zone to a bordering vegetated wetland located across the street. Project Location: 37 Intervale Road Salem Street Address City/Town Map 21 Lot 68 Assessors Map/Plat Number Parcel/Lot Number WPA Form 2 Page 1 of 5 Rev.02/00 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) 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. ❑ 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 WPA Form 2 Page 2 of 5 Rev.02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability b 4" 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 of a Notice of Intent, subject to the following conditions (if any). 1. Haybales and silt fence will be installed at the edge of the BVW& Drainage Outlet. 2. Construction fence shall be installed along the property line of Lot 410 (Conservation Land). 3. The Conservation Commission shall be notify upon completion work in order to remove the haybales and silt fence. ❑ 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. ZA Form 2 Page 3 of 5 .07/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability 5 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) - ❑ 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: ❑ by hand delivery on by certified mail, return receipt requested on Date 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 appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). Signatures: �—y !Z1 2-_QN Date WPA Fa 2 Pepe 4 of Rev.02= _ Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Y 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 Appendix A)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 Appendix E: 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. WPA Form 2 Page 5 of 5 Rev.02100 l Request for a Determination of Applicability i For 37 Intervale Road Salem, MA ! I, x- HAN CIS j Prepared by: i HANCOCK ENVIRONMENTAL CONSULTANTS 235 Newbury Street, Danvers, MA 01923 (978) 777-3050 Fax: (978) 774-7816 HSA@hancockassociates.com Massachusetts Department of Environmental Protection Salem - Bureau of Resource-Protection Wetlands Cryfrown WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the Patricia A. Connor computer, use Name E-Mail Address(if applicable) only the tab key to move your 47 Herschel Street cursor-do not Mailing Address _ use the return Lynn MA 01901 key. Cityrrown State Zip Code (781) 599-5688 "6 Phone Number Fax Number(if applicable) 2. Representative (if any): Hancock Environmental Consultants Firm John G. Dick Contact Name E-Mail Address(if applicable) 235 Newbury Street Mailing Address Danvers MA 01923 Cityrrown State Zip Code (978) 777-3050 (978) 774-4205 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 Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). N/A u � Massachusetts Department of Environmental Protection Salem `4 Bureau of Resource Protection -Wetlands c"y�0N/1 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): 37 Intervale Road Salem Street Address c@yrrown 21 68 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): Portion of the site is currently Geared and rough-graded. c. Plan and/or Map Reference(s): Exhibit Plan of Land in Salem, MA 9/7/01 TRIe Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The applicant proposes to construct a single family home,driveway and associated utilities.Work will be conducted within 100 feet of a bordering vegetated wetland located across the street. 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). N/A . Massachusetts DepartmentofEnvironmental Protection Salem a Bureau of.Resource Protection -Wetlands _ cwrgw a WPA Form 1 - Request for Determination of Applicability q Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) 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.) , : Massachusetts Department of Environmental Protection Salem r Bureau of Resource Protection -Wetlands c@prrown WPA Form 1 - Request for Determination of Applicability x r 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(see Appendix A)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: Thomas P. Blackler Name 208 Green Street Mailing Address Marblehead Citylrown MA 01945 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. Signa ure of App scanty� re o presentative(ii any) Date 70*5540'W b.lpb..d.199?Ly.Qmlm*-C..(9017)Motel WG58471r5778-w, 1h 8'N bnt winq loint tftkerft, .,Point v ........... z . Sewage Disposal. ties 7(M40"W WC;SB4'M'57M'W �=.�Cot) HMIa f.m TOPOI 01999 Wildfl.,Fd,,-Lk, t.pt,cortp HANCOCK -- Environmental Consultants ,f rkM kV 215 Newbury Street,Danvers,MA 01921 (978)777-3050 Fax(978)7747816 ° zD 12 Farnsworth Street ❑626 Main Street ca GATE JOB NO Boston.MA 02210 . * Bolton MA 01740 a . ^ eJ(617)350-7906 .t• t (978)779 6767 i , ATTENTION TO �' r; �s ,t, i x �.. e eE Baa°,. ,. .J3 ng n"a O,` Y-'J' �E W'' •t I /M .. 3 Y g ` 0. T3Sy f h t 0 3 k S ,,g ) ✓ .� x xs4 WE ARE SENDING YOU �_❑ Attached n ❑Under separate cover-via the following items: ❑ Shop drawings '" ❑ Prints',.-'i4 Plans � ❑ Samples ❑ Specifications ❑ Copy of letter f ❑ Change,order .60PIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: 1/rcr approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FORBIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMA� COPY TO - - SIGNED: 2/G2r�7�) •` If enclosures are not as rioted, kindly notify us a once. E 'ON r', Conservation Cone ission y R Salem, Massachusetts 01970 City of Salem Conservation Commission Will hold a public hearing for a Request for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of Patricia A. Connor, 47 Herschel Street, Lynn, MA 0 190 1. The purpose of the hearing is for a determination regarding the construction of a single-family home, driveway and associated utilities at 37 Intervale Road. This hearing will be held on Thursday, September 27, 2001 at 7:00 p.m. in Room 313, Third Floor, at 120 Washington Street. Debra A. Hurlburt Chairperson September 20, 2001 Please send bill to: Patricia A. Connor 47 Herschel Street Lynn, MA 01901 1-781-599-5688 w HANCOCK SURVEY ASSOCIATES, INC. DANVERS SAVINGS BANK 2392 REGISTERED LAND SURVEYORS&CIVIL ENGINEERS DANVERS,MA 01923 r' 235 NEWBURY STREET,ROUTE 1 NORTH 53-7116-2113 DANVERS,MA 01923 19 /T( C CK NO. AMOUNT 3a, $ PAY eC ��. TO THE -2; ORDER OF 11902332211' 1: 21i371i621: 35 7002i6a• CITY OF SALEM CONSERVATION COMMISSION Will give a public hearing under the Wetlands Protection Act, Mass. G. L. Chapter 131 , Section 40 at the request of J. Sertini. The purpose of the hearing is to discuss the applicants proposal to construct a new storm drain within a wetland buffer zone. The hearing will be held on Thursday, March 24, 1988, 7:30 p.m. , One Salem Green, second floor conference room. Philip D. Moran Chairman March 17, 1988 UNITED STATES POSTAL SEnES - ssCl '" M_a�I Postage'&` eek s Pad • Sender: Please pri d2,Fal 0 e, address, i Salem Conservation Commission 120 Washin&n Street 3rd Fl i Salem,MA 01970 I i I I j. COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Received by(Please Print Clearly) B. Date of Delivery item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse IV C. Si ature so that we can return the card to you. ■ Attach this card to the back of the mailpiece, ❑Agent or on the front if space permits. ❑Addressee 1. Article Addressed to: n,) D. Is delivery address different from item 1? ❑Yes Lri f— If YES,enter delivery address below: ❑ No i"4YNh i� ` C �'+'��� 3. Servi eT e ,� L� <_a ifi ari� E res ail C7 ❑ eg t r etur eceipt for Merchandise ❑ Insure aikS ❑C. . a.? Q - 4. Restricted Delivery. (Extra Fee) 11 Yes 2. Article Number(Copy from service label) '1o55 Q34ob o6OG 01Kbr PS Form 3811,July 1999 Domestic Return Receipt . 102595.00-M-0952 �I CITY OF SALEM CONSERVATION COMMISSION will give a public hearing under the Wetlands Protection Act, Mass. G.L. Chap. 131 , Sec. 40, at the request of Extra Space Storage Associates, Cambridge, MA. The purpose of the hearing will be to explore the effects of their proposal to construct two building with associated parking, within a wetland buffer zone. The project is proposed for the site at 471 Highland Ave. This hearing will be held on Thursday, March 24, 1988, at 7:30 P.M. , One Salem Green, second floor conference room. Philip D. Moran Chairman March 17, 1988 J1601 ASSESSORS: MAP 21, LOT 68 bVETtpUD RAG ZONING: T) Iri�G2TICnl yy 'U` V� 4 R-1 g4 a2 �` a REFERENCES: NOTES: AL 36, PLAN 17 NOTES: AL >� 0 1) WETLANDS SHOWN HEREON WERE INTERVALE ROAD 1IE P DELINEATED BY HANCOCK ENVIRONMENTAL gs e CONSULTANTS AND LOCATED BY FIELD (40' WIDE) Py SURVEY ON 9/6/2001. (F.K.A. RIVERVIEW STREET) INV.--97.8 2) ELEVATIONS SHOWN HEREON ARE BASED •� Pi20POSED—SILT FEN.CE gay ON AN ASSUMED DATUM. • 99.5 99.5 99.6 BIT. CONC. ROAD /° u 99.5 99.6 99.7 50' WETLAND 1` 50.0JA INV.=98.7 z BUFFER ZONEPROPOSED o}{ zSILT FENCE H vZPRBIT1 DRt EXISTING \SPOT GRADE (TYP.) 9 4. z '\02$ PROPOSED /0 1za A 36" FOUNDATION N A 10 O 10gy 1 A 11'1 n 10.0'(MN.) 0`�q2. µ 10.0'(MIN.) Ro20co NE O - O v 11y0+ 1� L4 11N m C) 1221 + 1222 a ~ 0 J X21 J 1�g 9 126 6 LOT 409 7,973± S.F. ° VACLAV V, '�yG c TALACKO m - #34026 'j 9 �FCivil �J Q Of T6'' T' NIAL 0� 00 '-o n 50.17' EXHIBIT PLAN OF LAND IN LOT 428 LOT 429 SALEM, MA PREPARED FOR X81PATRICIA A. CONNOR G SCALE: 1 " = 20' SEPTEMBER 7, 2001 No.M18 0 10 20 40 80 HANCOCK SURVEY ASSOCIATES, INC. jD O/ HSA 235 NEWBURY STREET, DANVERS, MASSACHUSETTS 01923 PROFESSI NAL LA D SURVEYOR VOICE 978-777-3050 FAX 978-774-7816 www.hancockassociates.com CHECKED BY: 9170 x: