64-40 - 441 LAFAYETTE STREET - CONSERVATION COMMISSION ' • p
a
i
Form 87 DEOE File No. 64-40
(ro be provided by DEOE) .
cityrrovm Salem
a Commonwealth
of Massachusetts ApplicantMarquis Magee
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Salem Conservation COmmiSSlon Issuing Authority
TO Marquis Magee 441 Lafayette-S Pet Salam MA
(Name) (Address)
Date of Issuance March 27 '1987 -
This Certificate is issued for work regulated by an Order of Conditions!issued to Marquis Magee
dated 3/27/87 !and issued by the rens—nation
Commission
1. U It is hereby certified that the work regulated by the above-referenced Order of Conditions has
been satisfactorily completed.
2. `❑ It is hereby certified that only the following portions of the work regulated by the above-refer-
enced Order of Conditions have been satisfactorily completed:(if the Certificate of Compliance
does not include the entire project, specify what portions are included.) .
m
3.; iO It is hereby certified that the work regulated by the above referenced Order of Conditions was
`- never commenced.The Order of Conditions has lapsed and is therefore no longer valid.IN future
work subject to regulation under the Act may be commenced without filing a new Notice of Intent
and receiving a new Order of Conditions.
..............._._............._
(Leave Space Blank) - -
8-1
4. h7 This certificate shall be recorded in the Registry of Deeds or the Land Court for the district in C
which the land is located.The Order was originally recorded on - (datey
at the Registry of Book ,Page .
5. ❑ -The following conditions of.the Order shall continue: (Set forth any conditions contained in the .
Final Order, such as maintenance or monitoring,which are to continue for a longer period")
Issued by Salem Conservation Commission
Signatures) _
•
when issued by the Conservation Commisjon this Certificate must be signed by a majority of is members.
On this 27 day of at h 19 Q�,7 before me
personally appeared the above named person. to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
.. Not:"y PUbEc
Aly Commission Expires [.i-,y 19, 1930
L
Notary Public My commission expires
Dalach on dotted line and submit to the
.. To - Issuing Authority
Please be advised that the Certificate of Compliance for the project at _
File Number 'has been recorded at the Registry of
and has been noted in the chain of title of the affected property on 9
II recorded land,the instrument number which identifies this transaction is
II registered land,the document number which identifies this transaction is `
A -
Signature Applicant
8.2
' Z3
BK6. 602 PG615
� Ip`
ORDER 3�U C&tA ..
WETLAND PROTECTION ACT
•
G.L. C. 131 's. 40
FILE NUMBER: 64-40 PROJECT, LOCATION: 441 Lafayette Street
_ Salem, Mae.. '
TO: Marquis S.S. Magee _ . CERT. MAIL NO: 757143
8 Broad Street
Salem, Massachusetts
RE: NOTICE OF INTENT AND -PLANS DATED: DATE OF RECEIPT BY 4-6-79
4-2-79 (originally 11-1-78) CONSERVATION COMMISSION:
DATE OF PUBLIC HEARING:
4-10-79 _i.... ... i .-.....- ..
Pursuant to the authority'of G.L. C. 1311s. 40, the . Salem Conservation
�•� Commission ' has considered your notice of intent and plans
submitted therewith, "and has determined that. the area on which the pro-
posed work .is .to be done Ss signifi. ant to one or more of the interests
described in the said act. The alae Conservation Commission
hereby orders that the following conditions are necessary and all work
must be performed in strict accordance with said conditions and with the
Notice of Intent and PIans, unless modified by said conditions:
i
CONDITIONS
1. Failure to comply with all conditions stated herein, and'with all
related statutes and other regulatory measures, shall be deemed !
cause to revoke or modify this order.
2. This order does not grant any property rights or any exclusive
privileges; it does not authorize any -injury to private property or
invasion of private rights.
3. This order does not relieve the permittee or any other person of the
necessity of complyir_g with all other applipable federal, state or
local statutes, ,orditances, by-laws and/or regulations.
4. The work authorized hereunder shall be completed within one W year
from the date of this order unless otherwise stated below pursuant
to Regulation 6.7. The order may be ex-
tended by the issuing authority for one or more additional one-year
periods upon-application to the said issuing authority at least
thirty days prior to theexpiration date of the order or its extension.
S. Any fill used in connection with this project shall be clean fill,
containing no trash, refuse, rubbish or debris, including, without ,
limiting the generality of the foregoing, lumber, bricks, plaster,
wire, lath, paper, cardboard, pipe, tires, ashes refrigerators,
motor venicles or parts of any of the foregoing.
„D.,
_ 26 _
__ • - -� -- -- 8K 6602 M16
CONDMiO`: C^:3^II.U�D PAGE 2 FILE'NO. 64-40
6. No work may be commenced until all appeal periods have elapsed from -
the order of the Conservation Commission or. from a final order by -
.the Department of Environmental Quality Engineering. t
3
7. . No work.shall be undertaken .until the final Order, with respect to i
the proposed project,-has been recorded in the Registry of Deeds
for the district in which the land is located within-th'e chain of
title of the affected property. Copy to be .furnished to issuer of
this.Order showing book and page prior to commencement of work. •
S. Upon completion of the work described herein,-the applicant shall
forthwith request, in writing, that a Certificate of Compliance be
issued stating that the work has been satisfactorily completed.
9. A sign shall,be displayed at the-site not, less than two square feet
or more than three square feet bearing the words, "Massachusetts .
Department Of Environmental Quality Engineering. Number 64-40 • ,
10. Where the Department. of Environmental Quality Engineering is
requested�to make a`determination and to issue a superseding order.
the Conservation Commission shall be a party to all agency pro=
.ceedings and hearings before the Department. ,
11. The-work shall conform,-to the- following described plans and
additional conditions.
s. The Salem Conservation significant
has determined that tpid
work on a coastal bank Ss by outcropping
utc oppi giock storm damage prevention.
The coastal.bink is,formed by PP "g .
b. The, site grading and foundation location.shall.be in accordance
with the Site Development Plan of Land in Salem, Massachusetts for
marquis Magee at al, prepared by Essex Survey Service, Inc., of Salem,
dated October 18, 1978 and revised March 12, 1979.
c. There shall be no Y111. or riprep placed on the.bank• Vegetation
on the bank shall not be disturbed except as required for foundation
Preparation at the location of the house.
d. The fall of the bank and the beach shall be kept free of construction
materials at all time.
i
-27-
!J P
_. OK6602 N617 2s
•CoIrDITIONS CONT.iMJM' PAGE 3
FILE NO. . jj:j9
The applicant, any person aggrieved by this order, 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 appeal this order to the Depart-
ment of Environmental- ouality Engineering provided the request is made in
writing and•by certified mail'to the Department within ten (10) days from the issuance
of this order.
ISSUED By Salem conservation Commisslon /
0
1
April 18, 1979 ,
Date of Issuance
i
On this day of 197/`, before me
personally appeared Co me known to be the
person described in and who executed the foregoing instrument and acknow= '
ledged that he executed the same as his free act and deed.
My Commission expires
e17C
�Cx ,,:
-28-
n-Svv SS FFCORDFD �.._c._ttt_...t�a� _M PAST /.rt T. INST. 4'J ,
IL._v
WETLANDS PROTECTION ACT
MASSACHUSETTS G.L. C.13.1 sec.40
NOTICE OF INTENT
ALL PARTS OF THIS FORM SHALL BE COMPLETED UNDER THE PAINS AND PENALTY OF PURJURY INCLUDING
THE ENVIRONMENTAL DATA FORM ATTACHED HERETO AND MADE A PART HEREOF OR THE FILING MAY BE
CONSIDERED INCOMPLETE.
April 2
p , 1979 .(original Notice of
DATE: Intent filed November 1, 1978)
1. Notice is hereby given in accordance with the provisions of G.L. C.131 s.40 that the
proposed activity as submitted herein falls within the jurisdiction of said statute,
and is located in the
City/Town Salem STREET Lafayette
Recorded at the Registry of Southern Essex Book 6526 Page 236
Salem, Mass.
Certificate (if registered) not applicable
2. The name(s) , address and telephone number of owner(s) of the subject land are:
NAME ADDRESS TELEPHONE NO.
Marquis S.S. Magee, et al 8 Broad Street, Salem, MA 745-4316
3. I have filed identical Notices and plans by Certified Mail with the following:
Conservation Commission (original) Date April 2, 1979
originally filed 11/1/78
Mass. Department of Environmental Quality Engineering
c/o Tewksbury Hospital , .Tewksbury., Massachusetts 01876 Date April 2, 1979
ATT'N: APPLICATIONS (3 .COPIES) originally filed 11/1/78
4. Have all permits, variances and approvals as required by C.131 s.40 been obtained ?
yes ( yes or no ) . Attach copies to original Notice of Intent.
5. Enclosed is Statutory Filing Fee of $25.00, Payable to City or Town.
Statutory filing fee of $25 .00 was forwarded to City of Salem on November 1, 1978.
6. The name, address and telephone number of the owner's representatives (if any) are
as follows:
NAME ADDRESS TELEPHONE NO.
Attorney J•' Patrick Burke 221 Essex St. , Salem, MA 744-0637
ENGINEER
AGENT Essex Survey Service, Inc. 47 Federal St., Salem, MA 744-3010
7. The purpose of the protect is. (Use additional sheets if necessary)
To construct one single family dwelling and appurtenances, on an existing lot of 27,168
square feet, more or less above high water line as per attached plan)
8. Owner s (or agents) signature
WETLANDS PROTECTION ACT
Environmental Data Form
1. All parts of this form are to be filled out by the applicant or,
his agent under the provisions of G.L. 'C.131 s.40.
2. Where a section is not relevant to the application in question, .
the words "NOT APPLICABLE" should be entered on the appropriate
line.
NAME OF APPLICANT
Marquis S. S. Magee, et al
ADDRESS OF APPLICANT
8 Broad Street Salem Massachusetts 01970
MUNICIPALITIES WHERE ACTIVITY IS PROPOSED AND NOTICE IS FILED.
Salem - Essex County - Massachusetts
DESCRIPTION OF PROPERTY INVOLVED
IN APPLICATION (including the dimensions
of any existing buildings,decks,marinas, .
existing cesspools) . Existing house lot of 27,168 Square feet (above high
water) with no construction thereon - see plan.
DESCRIPTION OF MODIFICATIONS PROPOSED
ON THE SITE, including grading, dredging,
removal of vegetation, ect. fill and grade lot to construct dwelling - removal
of vegetation in areas of construction - see plan.
A. SOILS
1. United States Department of
Agriculture Soil Types ( show on map )
Top and sub soils over ledge.
2. Permeability of soil on the site. (dates of testing)
Not applicable
3. Rate of percolation of water through
the soil. (Dates of testing)
Not applicable
B. SURFACE WATERS
1. Distance of site from nearest
surface water ( Date of measurement )
Salem Harbor - Easterly side of
2. Sources of runoff water.
surface run off from storms.
3. Rate of runoff from the site
1 c.f.s.
4. Destination of runoff water
Salem Harbor
5. Chemical additives to runoff
water on site.
None
C. GROUND COVER
1. Extent of existing impervious
ground cover on site
40 percent
2. Extent of proposed impervious
ground cover on site .
45 percent
3. Extent of existing vegetative
cover on the site
60 percent
4. Extent of proposed vegetative
cover on site
55 percent
D. TOPOGRAPHY
1. Maximum existing elevation on site
36.9 - see plan
2. Minimum existing elevation on site
9.5 (M.H.W.) - see plan
3. Maximum proposed elevation on site
36.9 - see plan
4. Minimum proposed elevation on site
9.5 (M.H.W.) - see plan
5. Description of proposed change in topography
Fill and grade to construct dwelling - see plan.
E. GROUND WATER
1. Minimum depth to water table on site (at time of filing)
Not applicable
2. Maximum depth to water table on site (at time of filing)
Not applicable
3. Seasonal maximum ground water elevation
Not applicable
F. WATER SUPPLY
1. The source-of the water to be provided to the site
Salem Municipal Water Supply System
2. The expected water requirements (g.p.d.) for the site
440 Gal. per day (Estimated)
3. The uses to which will be put
Domestic
G. SEWAGE DISPOSAL
1. Sewer disposal system (description
and location on the site, of system
Salem Municipal Sewer System
2. Expected content of the sewage
effluents (human waste, pesticides,
detergents, oils, heavy metals, other chemicals)
Human waste and domestic sewage
3. Expected daily volumes of sewage 440 gal. per day (estimated)
H. SOLID WASTE
1. Estimated quantity of solid waste -
to be developed on the site
Not applicable
2. Method for disposal of solid waste Municipal Collection
3. Plans for recycling of solid waste None
I. BOAT YARDS,DOCKS AND MARINAS
1. Capacity of marina (number of boats running feet)
Not applicable
2. Description of docks and floats
(site, dimensions)
Not applicable
3. Description of sewage pumpout
facilities (type of waste disposal)
Not applicable
4. Description of fuelling facilities
and fuel storage tanks
Not applicable
5. , Description of fuel spill prevention
measures and equipment
Not applicable
J. IMPACT OF PROPOSED ACTION APPLIED FOR
1, Effects on plant species
( upland and marine )
Upland - removal in construction areas - Mariner None
2. Effects on marine species (shellfish, finfish)
None
3. Effects on drainage and runoff
Minimal
4. Effects on siltation of surface waters
Temporary during construction to be controlled by approved methods.
5. Effects on groundwater quality
- t
None.
6. Effects on surface water quality
None
K. ALTERNATIVES TO PROPOSED ACTION
1. Discribe alternatives to the
requested action
No construction
2. Describe the benefits of the requested
action over the alternatives
Owner has full use of property - City has full assessment value of
Property.
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SCALE 1:24000)
0 1 MILE
MH 1000 0 1000 7000 3000 4000 5000 6000 7000 FEET
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DEPTHCURVES AND SOUNDINGS IN FEET—DATUM IS MEAN LOW WATER
SHORELINE SHOWN REPRESENTS THE APPROXIMATE LINE OF MEAN HIGH WATER
THE MEAN RANGE OF TIDE IS APPROXIMATELY 9.2 FEET
Cfe,7� D
NOV 3 997E
FORM 3 SALEM CONSERVATJQK COMM l
WETLANDS P7MTF.CTION ACT
MASSACHUSETTS G.L . C . 131 s . 40
NOTICE OF INTENT
11 parts of this form and the attached Environmental Data Form shall be
c,arpleted under the pains and penalties of perjury. Incomplete filings
may be rejected.
DATE : //7F
Conservation Commission of (City/Town) ;.. Set eM, M�a3s
-Jotic-e-is, hereby given in accordance with the provisions of Massachu-
s= _. ts G .L . c . 131 , s . 40 that theproposed activity described herein is
ui-11yn. the jurisdiction of
'City/Town) .S4GEMat GAFvYETrE Street
lost recent recording at�the Registry of ,ra Book, 6_5e6 Page P36
ertificate (if registered)
The land on which the work is proposed to be done is owned by:
i'•IADiE 1-1,e7c,-C,-e �rJ[ ADDRESS CYC , Sg oq o
a S,-
7
fhe. Applicant submitting this Notice/ is :
n'A4IL 1yIejge /J SS A-/sTyE& 1 ADDRESS Pj fjeagp S7-eEET
TELEPHONE 745-4gja SyCEM, Moss O/97o
(.Optional) T'ne following-,person is hereby designated to represent
the applicant in matters arising hereunder:
Name Add7ess
Telephone
4 . Plans describing and defining the work, included herewith and made a
t hereof, are titled and dated:
.S/TE DE✓ELoPME/�T OCT /8, /qTB
PLAN FSSEx , /,VC
S<7LE" , M.4 sS 47 ljw7-4-.4c S;ear
role S9LEM, Mq�s,
Mq.eQu�s M.ac�E �,�..ac SGFJLE•" / =fid ,
Identical material has been submitted by certified mail as follows :
Original to Conservation Commission (Date) _11J
Three copies to appropriate regional office of the Department of
Lnvironmental Quality Engineering (see map for regions and add-
resses) ,
Date Northeast t" Southeast Central Western
a
�a
(Form 3, continued)
- 2 -
1 �
6 . Has the required $25 . 00 filing fee, payable to the city or town, been
included with the submission to the Conservation Commission? y%y
----" . Has the Environmental Data Form been completed and submitted with each
copy? ies A
8 . Has a locus map (8h" x 11" copy of USGS topographic sheet with the site
marked) been included with each copy? yres i
(A) Have all obtainable permits , variances , and approvals required by local
by-law been obtained? yea
(B) If they have not been obtained, have they been applied for?
if yes , include with this Notice of Intent any information whichas—been—
.submitted with such applications which is necessary to describe the effect
of the proposed activity on the environment .
(A)–Is the site of the proposed work subject to a wetland restriction order
recorded pursuant to G .L . c. 131, s . 40A, . or G.L. c. 130 , S . 105, by the
Department of Environmental Management? Yes No 1/ Do not know
(B) Is the site of the proposed work in, or within 100 feet of: a coastal
uie /yo coastal bank y/es coastal beach yea ;salt marsh
o ,wand under the ocean eJ a salt pond o ; anadromous/ cata-
romous fish run //o do not now ?
11 . Signature(s) of owner(s) of the land f by .agenJ pr_ppt�older,
written authorization must be attached) �/ YJ(
2 . What is the purpose of the prop
osed prof ct?
To C•o 7_T r-cic7`
1
/O�/dui^T�rlO/7G!'''-CO/sr
C 4/JO f/C 110?`1 Iva'
13 . I HEREBY CERTIFY UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE FOR-
GOING NOTICE OF INTENT AND ACCOMPANYING ENVIRONMENTAL DATA FORM ARE
TRUE AND COMPLETE .
rn ure o AI p cant /Date!
.S/1/�1,'A/ /
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* 1 . . . .. _. ) ... . 0 - 1 MILE ;
1000 0 1000 2000 3000 4000 5000 6000 7000 FEET
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1 SHORELINE SHOWN REPRESENTS THE APPROXIMATE LINE OF MEAN HIGH WATER -
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THE MEAN RANGE OF TIDE IS APPROXIMATELY 9.2 FEET
-r
WETLAND PROTECTION ACT
ENVIRONMENTAL DATA FORM
x .
AIT parts of this form are to be filled out by the applicant or
his agents under the provisions of G .L. Ch. 131 s . 40 .
2 , e1here a section is not relevant to the application in question,
tile words ":dot applicable" should be entered on the appropriate
line .
NAME OF APPLICANT
{
Mgc7 e!7-EgG i
ADDRESS OF APPLICIA14T — {
e BQD.40
b1'UiJICIPALITIES WHERE ACTIVITY IS PROPOSED AND NOTICE IS FILED,
.�4G EM - ESSEX CO uN T - i1i/cl-3 sACf/cJJE77',7
DESCRIPTION OF PROPERTY INVOLVED
IN APPLICATION (including the dimensions,
of any existing buildings decks , marinas ,
existang cesspools) Exii,7 6/ouaeLo� o/' 27 t6B 3 �ofzve
411,?h h/7/er9 W/{li
DESCRIPTION OF '.y1ODIEICATI HS- -'RGPOS"YD
ON THE SITE, =ncluding grading] dredging, ]
removQaQ Qo egeta ion, etc.
/ �` �e o.v /%� epi^e4S o�!' cols a�rucfioi/ - .�� /pl4ro.
A. SOILS a
—united States Department of
Agr_iculture Soil Types (show on map)
To,o .4Z--3e6 ,fie,/o a ve,- /ed9e
2 . Permeability of soil on the site . (Dates of testing)
3 . Rate of percolation of wAter through
the s il.
B . SURFACE lATERS
I . Distance of site from nearest
surface water (Date of/ measurement)
.S,CJG�M /�A.e.Bo.e - �o�Ycr/c/ She o�
2 . Sources of runoff water
3, Rate of runoff from the-_s
4. Des tinat.ioi__o#--rung€f-water'
5 . Chemical additives to runoff
water on the site
Nonce � i
C . GROUiVD COVER
1 . Extent of existing impervious
ground cover on the site
0
2 . Extent of proposed impervious
ground cover on the site p
3. Extent of existing vegetative
cover on the site
4 . Extent of proposed vegetative
cover on the site
55:y
5% a
:,. TOPOGRAPHY
1 . Maximum existin Ielevation on
2 . _-Minimum existing elevation cof site
`J•5 (M•,�/.r/,) - .IGC /cr.-/
3 . Maximum proposed elevation of site
310.1 - J'ca /on
4 . Minimum proposed elevation of site
5 Description of proposed chang in topogra by
/ei// -�7rc�Cle �o consuc7� c%uc/�i�
T-
GROUND D WATER
1 . Minimum depth to water tableonsite '
Na� ll op/�ca6/e (at time of filing)
'f
2 . Maximum depth to water table on site (at time of filing)
3 . Seasonal
/maximum ground water elevation
r
VATE'tt SUPPLY
1 . The source of the water to be provided to the site
2 . The expected water requirements (g.p. d. ) for the site
440 4f4l�71 D2r c/per/ �E7iit��eo/�
s . The uses to whic water will be put
SEtiVA'L DISPOSAL
1 . Se-,Yag_e disposal system (description '
a:.d location on the site , of system)
SACC—M MUNiC�,oi9G .S'E.W�2 -S'S�3'�GM
2 . Expected content of the sewage - - --
effluents (Human waste, pesticides , -
deteroents , "oils , heavy metals ,'
other chemicals)
-- A41Mnrr Q��e Oorr1��f,c S2r�oq¢
3 . Expected daily volumes of sewage -- -
- r� c�Oc/ lEa�mo�a'cs/J
SOLID iVASI'E
1 . Estimated quantity of solid waste -
to be dev loped o the site
-- /SMa� Arop/i cn6/2
l. . Method for disposa o soli waste
-- - - - - - Mur�ici , Co%/e-. '
3 . Plans for recycling of solid waste
/yah2
. DAT YARDS , DOCKS , iFARINAS -
1 . Capacity of 'Marina (number of -
boats , running feet) .
'No� 4pP/ico6/e
2 . Description of docks and floats
(site , dimeppBions)
Olaf Qp/�/i�"al✓'/a
Description of sewage pumpout --- - -
facilities (type of waste disposal)
No/ d o/,'co6/C
4. Doscription of fuelling facilities
-,-i:;l storacc ' tanks
/V,I/ Jop/icca6le
Description of fuel spill prevention -. ---
measures and equipme/nt
_ MyO�/.foPtiCc�4lE
I :PACT OF PROPOSED ACTION APPLIED FOR
Effects on plant species gLM7,7,1- Rerreuo/ �� Cone Greos.
Cupland and marine) �/cz/Yi72 - Mone
L . Effects on marine species s ell ish, finfish
3. Effects on drainage and runoff
/fir!//l70
4. Effects on siltation of surface //waters
T2/Y7 cgpry 9�c/riro9 Carr �`a �j¢ Ca�fic���iy o���r^oei¢c/rn¢ /ac%.
� . Effects on groundwater quality
/1017e
6 . Effects on surface water quality
C , ALTERNATIVES TO PROPOSED ACTION
1 . Describe alternatives to the
A/requested/ action
N C.�s�rC/CYlO/7
2 . Describe the benefits of the requested
action over the alternatives .
Gwrr�r Lias �/li�sc o��ro�r�rj - C��y�ips�/�o�scss�cn�,,n�ue Q�
�✓eyoc�if
a0
Form 2 DECE File No.F
(So be provided by OECE)
... ... . . .... .. City/Town Salem
Commonwealth
of Massachusetts Apply Marquis Magee
Determination of Applicability
Massachusetts Wetlands Protection Act,G.L C. 131, §40
FroSalem Conservation Commission v Issuing Authority
Robert,LeDeu�- :'':r Marquis Magee :
To _
(Name of person making request) (Name of property owner)
Address 49 Federal' Street, Salem, MA Address 441 Lafayette Street, Salem. MA
This determination is issued and delivered as follows:
D by hand delivery to person making request on rdate)
D by certified mail,return receipt requested on (date)
Pursuant to the authority of G.L e. 131, §40,the Conservat;on t omm;G c;nn
has considered your request for a Determination of Applicability and its supporting documentation, and has
made the following determination(check whichever is applicable):
This Determination is positive:
• 1• ❑ The area described below,which includes all/part of the area described in your request, is an Area
Subject to Protection Under the Act.Therefore, any removing, filling, dredging or altering of that
area requires the filing of a Notice of Intent.
2 , D The work described below,which includes alVpart of the work described in your request,is within
an Area Subject to Protection Under the Act and will remove,fill, dredge or after that area There
fore, said work requires the filing of a Notice of Intent.
2.1
S1
3. ❑ The work described below,which includes all/part of the work described in your request;is within
the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under
the Act.Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative:
1. ❑ The area described in your request is not an Area Subject to Protection Under the Act.
2. ❑ The work described in your request is within an Area Subject to Protection Under the Act,but will
not remove,fill, dredge,or alter that area.Therefore, said work does not require the filing of a
Notice of Intent -
3. ® The work described in your request is within the Buffer Zone,as defined in the regulations, but will
not alter an Area Subject to Protection Under the Act Therefore,said work does not require the
filing of a Notice of Intent
4. ❑ The area described in your request is Subject to Protection Under the Act, but since the work
described therein meets the requirements for the following exemption,as specified in the Act and
the regulations,no Notice of Intent is required:
- Issued by Salem Conservation Commission Conservation Commission.
Signature(s) �,
LIZ�9
I t /
-This Determination must be signed by a majority of the Conservation Commission.
• On this 26 day of March 19 97 before me .
personally appeared The above named ,to me known to be the'
person described in,and who executed, the foregoing instrument, and acknowledged that he/she executed
theq�s�/fie as his/her free act an eed, r
fly Coi,.rrli.,sicn
Notary Public My commission expires
This Determination does not relieve the applicant from complying with all other applicable federal,state or local statutes,ordidanca_+,'.`.
fry-laws or regulations.This Deterninalion shall be valid for three years forth the date of issuance.
The applicant.the owner,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed
work is to be done.or any ten residents of the city cr:own in which such land is located,are hereby notified of their right to request the
Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability,providing the request is made
by certified mail or hand delivery to the Department within ten days from the date of issuance of this Determination.A copy of the request
shall at the same time be sent by certified mal or hand celivery to the Conservation Commission and the applicant.
2.2A
310 CMR: DEPARTMENT OF ENVNICN1,1ENTAL QUALITY I:,N'GIN(TRING
10.99: Forms _
s
Form 1
i
Form t DEC&
l� lie b. DECEI
� �� Cemmonweallh 1
G of N.assachusetta Ao x
VVMW
Request for a Determination of Applicability j
Massachusetts Wetlands Protection Act, G.L c. 131, §40 i
1. 1,ttie undersi--yned,hereby request riz:ne
Co !Jon CommissUn mike a delem,nation ms-o whether the erea,descibed below,or work to be
performed on said uea,also descibe f below,is subject to the jurisdiction of the Webaa ds Prole-tion i
AcC G.L a 131, §40.
2- The are--is desc—bed ss follows.(Use rraas or plans,if necessary,to provide a descnplion and the'
b=5on of the wean scQbjr=to this request)
VVV
i
i
I
3. 111e wcrk in szd area is cescnted below.(Use add Tonal p2per,if nece�ry,to Ceso-be the
proposed w0f )
6/30/&3 Vol, 12 - 222.1
I
f
.. 310 DCF:RT"';E-NT Cr ': ENGINEER LidG
10.99: c�ntnJed _
Fc-- t : continued
d. T.'e cwne Vis!<f'he uez_i;nAot:he Ce.'sx makin;:his rrues t,has Leen;ven wr;:en nc;i:iratica cl:his
(Cate)
i ,e(s;znC actress(es)Ci t e owne:(s):
e
5. I have r--a a-piete ecpy cf tis rem••est with','to azpmprizto re;ict-w ot`re of tie Maasaeh,Zwtb
De;z•,eni c'EnvronmertrJ Ce22iy_.;vneerin;cn 'C'afa)
Ns--mu; - Scut)eu:
.23 Ner S=.1 '1 Street L-Ye,we Hos>;ta.'
wobam,WA 01601 _ Lakevwe,MA C2346
J �
Ce^.:al westem
75 Grove Sbeet Pubis Heald een:et
%I; a-,e,MA 61605 Univesity of Wa Cra uaem
Amherst.MA 01 DC3
nc'ifica Ii-n of th¢rep,,est w1M be paced in a local rewsoaper at r..y expense ir,arpr
Cz.nca wish Sec::on 1 0.C 5(3)ib)1 e;ne Iesu:arns by the ConsenaCon Comm;as;en and t,at I w7,be
Fc^a Y7 7 F—,7"&j ✓ ' 1 '�' C.�M, /r"�` Tel
2
6/30/£3 \ - Vol. 12 - 222.2
HAYES, LEDOUX, WHIPPLE & KING, P.C.
ATTORNEYS AT LAW
49 FEDERAL STREET
SALEM,MASSACHUSETTS 01970-3469
AREA CODE 617
745-3363
GEORGE H.W.HAYES,11
ROBERT A.LEDOUX IPSWICH OFFICE:
JOHN A.WHIPPLE 25 MARKET STREET
JOHN G.KING P.O.BOX 206
DONALD M.GREENOUGH IPSWICH,MASSACHUSETTS 01938
CELESTE R.NIARCHOS (617)356-2933
LISA A.JACOBOWITZ
PAUL A.PRISBY March 13 , 1987
LAURA A.TILARO
City of Salem Conservation Commission
City Hall
Salem, MA. 01907
Re: 441 Lafayette Street, Salem, MA.
Dear Committee Members:
It is hereby requested that a Negative Determination of
Applicability of the Wetland' s Protection Act, as to the deck at
the above captioned address, be made at your convenience.
The building and deck were constructed in accordance with a
valid building permit issued by City of Salem.
The Order of Conditions issued from the Conservation
Commission indicated that the construction would be in accordance
with the Foundation Plan. Through mistake and error the
Foundation Plan did not show the location of deck.
I would also request a Certificate of Compliance Issue
Certificate to said Order of Conditions.
Very truly yo s,
ROBERT A. LEDOUX
RAL:jar
��ooxor4�o
Ctv of *Ulm, flffissar4usdts
F�Nix � �' �nildixl� �e�tttx#men#
�64n 13_ Ida(ners
One Su[em Green
745-0213
August 7, 1979
Salem Conservation Commission
Bradford C. Northrup, Chairman
RE: 441 Lafayette St.
Foundation Permit
Gentlemen:
I wish to advise we have issued a foundationP ermit at the
above referenced address. The construction documents furnished in
conjunction with the application, including a "Site Development"
plan prepared by Essex Survey (dated March 12, 1979) raise some
doubts in my mind as not being in conformance with your Orders of
Conditions.
The site plan calls for a "Finish First Floor El. 30.00"
which I am informed is in reality an upper basement level at
elevation 28.3' . There is also a lower basement level at elevation
25.8' on the rear of the house.
The grades shown with solid lines and circled numbers are
meant to be existing grades and not finished final grades as is the
usual practice. Since the entrance foyer will be at elevation 37.00'
six to seven feet of fill will be required at the front of the house to
bring the grade to ± 35.001 . Just how this will be placed in relation
to the "bank" referred to in paragraph ll.c of your Conditions is
unclear.
I bring this to your attention to avoid any possible questions
or misunderstandings at a later date, and to give you an opportunity
to review the situation before we issue a superstructure permit.
The plans for the permit are on file in our office should you
wish to avail yourself of them.
Resp ctfully,
Daniel F.xMansur,
Asst.Building Inspector
DFM:tc
cc: R. Swenson, Asst. City Engineer
Naumkeag Trust Company Building ;fit
ROBERT W. WELCH 221 Essex Street • Salem, Massachusetts 01970
WILLIAM J. LUNDREGAN 617-744-06$7
DANIEL W. RIORDAN
JANE T. LUNDREGAN
J. PATRICK BURKED �� V D WILLIAM B. WELCH(1929-1975)
ROBERT C. McCANN
)NOV 1 19,
November 13, 1978
SALEM CONSERVATION COMF;Ea
Mr. Bradford Northrop, Chairman
Conservation Cciwission
Salem, Massachusetts 01970
Dear Mr. Northrop:
Please be advised that I wish to withdraw the Notice of Intent submitted
November 2, 1978 on behalf of Mr. Marquis S. S. Magee with respect to his
property located on Lafeyette Street, Salem, Massachusetts. The additional
information requested by the Conservation Cmimission will be submitted when
ccopleted and Mr. Magee's application will be renewed at that titre.
Thank you for your attention to this matter.
Sincerely,
J. Patrick Burke
cc. Marquis Magee
8 Broad Street
Salem, Massachusetts 01970
ON Cot
Conservation Commission
V
Salem, Massachusetts 01970
Fy�) vy Telephone 161") 745-5056
yASSPC�
November 7, 1978
Mr. Patrick Burke
221 Essex St.
Salem, MA 01970
Dear Mr. Burke:
As we discussed on Sunday, November 5th, you client should file drawings
of the proposed structure, certified by a registered civil engineer, in order
to complete the information necessary for the Notice of Intent.
Please advise whether you would like to withdraw the Notice of Intent
submitted November 2, 1978, in order to give Mr. Magee time to comply.
Thank you for your cooperation in this matter.
Sincerely,
,J
BradforGd/ Northrup
Chairman
BCN/sm
.��ON COM,
Conservation Commission
Salem, Massachusetts 01970
.,4ASS.
MEMO TO: %� rLFs> .�,�'� DATE:
FROM:
RE:
'moi�•�-��>/�
L.
REPLY:
""� e../2"_.f'' �jG�_�G� - .rvz,•� [yds-�G..:� .��C�..tea'. f�, /
j
r
i
EXGCUCxcr OFPICIi OP T.NVIRON+IENYAT, AFFAIRS
DEP, IMIENT of ENVIR(P MENTAL QUALITY EN,GIiciiEPIX
DIVISION OF WATERWAYS
loo r:ashua Street Poston, 14A 02114
February 26, 19.79
Marquis S.S. Magee Re: Notice of Intent .
8 Broad Street Ma-rquis S.S. Magee.
Salem, MA 01970 Salem
Construct single family dwelling
This will acknowledge receipt' of your Notice of Intent to perform work subject to '
Chapter 131, Section 40 of the Ceneral Laws (as amended by Chapter 818 of the Acts ' .
of 1974)_ From your plan, Notice of Intent and investigation by this Division, it
has been determined that:
(x ) Additional inf8rmation will be required before a proper determination, can
be made. Please submit a sub-sketch on a small scale showing the general.
location of the proposed Mork, Hamas of the pond or stream and roads iu the
area, etc., in order that we can properly orient the location of the project.
A United States Geological 2-lap is ideal for this purpose.
( ) A license will not be required at this tine under the provisions of Chapter
91 of the Ceneral Laws; however, a permit may be necessary from the local.
Conservation Commission subject to Chapter 131., Section.40-, also, if a
United States Army,. Corps of Engineers permit is required, the applicant
must apply to the Division of Water Pollution Control for a 1-Tater Quality
Certificate.
( ) A license'will be required at this tins under the provisions-of Chapter 91 .
of the General Lairs. Enclosed are rules and regulations for filing tinder
said provisions. License applications, will not be accepted unless accompanied
by an Order of Conditions issued by your local Cons ervation'Commission.
All tiork shall be stioject to all other related provisions of law, by-laws, ordinances
and regulations that may pertain.
Very truly yours.,
JOHN J. 11ANNON, P.E.
Chief Engineer .
cc: Division of Wetlands
Conservation Commission for Salem
DEQE - Region III
` Additional information is required, a locus plan, showing the exact location off
Lafayette Street and the unnamed street designated westerly of property, Also,.
under what authorization was the existing rip-rap placed?
VON Co
z Conservation Commission
Salem, Massachusetts 01970
Telephone (617) 745-5056
M ASSPC�J
CITY OF SALEM
CONSERVATION COMMISSION
WETLANDS HEARING
A public hearing will be held as required by the Wetlands
Protection Act, G.L. Chapter 131, Section 40, at the request of
Marquis S.S. Magee, 8 Broad Street, Salem, Massachusetts. The
purpose of the hearing is to explore the effects of constructing
a house at 439 Lafayette Street, Salem, Massachusetts. The hearing
will be held on Tuesday, April 10, 1979 at 8:00 P.M. , on the Third
Floor of One Salem Green, Salem, Massachusett
s.
/X//
114
BorNorthrup
Chairman
AoN c�����.
Conservation Commission
v I Salem, Massachusetts 01970
FI� Telephone )617) 745-5056
S
November 7, 1978
Mr. Patrick Burke
221 Essex St.
Salem, MA 01970
Dear Mr. Burke:
As we discussed on Sunday, November 5th, you client should file drawings
of the proposed structure, certified by a registered civil engineer, in order
to complete the information necessary for the Notice of Intent.
Please advise whether you would like to withdraw the Notice of Intent
submitted November 2, 1978, in order to give Mr. Magee time to comply.
Thank you for your cooperation in this matter.
Sincerely,
Bradford Northrup
Chairman
BCN/sm
Naumkeag Trust Company Building
ROBERT W. WELCH 221 Essex Street • Salem, Massachusetts 01970
WILLIAM J. LUNDREGAN 617-744-0637
DANIEL W. RIORDAN
JANE T. LUNDREGAN
J. PATRICK BURKE WILLIAM B. WELCH(1929-1975)
ROBERT C. McCANN
March 23, 1979 �017
Mr. Bradford'Northrup, Chairman
Salem Conservation Commission
One Salem Green
Salem, Massachusetts 01970
Dear Mr. Northrup :
Please be advised that Mr. Marquis S. S. Magee of Salem, Massachusetts
wishes to resubmit the Notice of Intent, which was originally submitted to the
Conservation Commission on November 2, 1978, with respect to this property
located on Lafayette Street, Salem, Massachusetts.
On November 10, 1978, Mr. Magee had withdrawn the Notice of Intent
in order that drawings of the proposed structure, certified by a registered
civil engineer, could be completed and filed with the Commission.
Enclosed herewith is the foundation plan of the structure proposed
on the Lafayette Street site. Also enclosed is a revised site development
plan showing the location of the proposed dwelling. It is intended that
these documents be filed with the Environmental Data Form and the Notice of
Intent, previously submitted and which have remained with your records.
Copies of the foundation plan and revised development plan have
been forwarded to the State Department of Environmental Quality Engineering
in Tewksbury, Massachusetts.
Would you please inform me of the date for public hearing on this
matter.
V tr yours,
J. Patrick Burke
JPB/lkp
enclosures
CC: Mr. Marquis S. S. Magee
8 Broad Street
Salem, Mass. 01970
y ,
w /�. luttui►t� Dartl
One Opalem (6reen
November 7, 1978
MEMO
TO: John Powers
Building Inspector
FROM: Michael Moniz
Planning Board Aide
RE: Property of Marquis Magee
441 Lafayette St.
Plans dated Oct. 18, 1978
Essex Survey Co.
The Flood Hazard Districts affected by coastal flooding (zones A3, V3) are
Boundary
based on elevation 15. 36 feet Mean Low Water (11.0 Mean Sea Level) .
lines trace this elevation contour. Where it can be properly shown that
land is above this elevation, that land shall not be considered as being
included in the District .
Any proposed use to be located within the limits of these Districts as
determined the allretor of ulations1ofsthiseSection aslwell asX of lallrotherce
shall be governed
by by g
applicable provisions of this Ordinance.
The proposed building; it 441 Lafayette St. will be located above the
15.36' mlw elevation. The first floor elevation will be at 30' mlw.
Site Plan attached.
c
= LID 'fes - 37 a,-CLtoa
.-
Tel.617-851-7281 ��, ..Clanaao�uuetln 09896 -
r
-- -` Date: April 18, 1979
Re: SALFM
FILE # 64-40
This Deparlmenr i in.-receipt of an application under General Laws, Chapter 131,
Sectioa_ 40, filed in the name of.:
Marquis Magee
8 Broad. St.
Salem, Massachusetts 01971
Owner of Land (if different)
This project is in the City/Town of and
is located SALEM
LafayettC
( x) This project has been assigned the File Number
Shown above.
( ) No File number has been assigned, since LI fil_ag ,
as received is considered incomplete. coc.riete
requirements for filing,q g, please submit the fol.:vwingr-``
Notice of Intent ( )
k`
Plans ( )
Locus Map ( )
Thomas F. McLoughlin
Regional Environmental Engineer.
Metropolitan Boston/Northeast Region
TFM/Ekat/lkw i --
CC: Conservation Commission
Naumkeag Trust Company Building
ROBERT W. WELCH 221 Essex Street • Salem, Massachusetts 01970
WILLIAM J. LUNDREGAN 617-744-0637
DANIEL W. RIORDAN
JANE T. LUNDREGAN
J. PATRICK BURKE WILLIAM B. WELCH(1929-1975)
ROBERT C. McCANN
April 6, 1979
Ms. Susan Madison
Salem Conservation Commission
One Salem Green
Salem, MA 01970
Re: Notice of Intent -
Marquis S. S. Magee
Dear Ms. Madison:
Enclosed please find the Notice of Intent and Environmental Data Form,
which has been prepared on the revised form with respect to the application
of Marquis S. S. Magee of 8 Broad Street, Salem, Massachusetts, regarding
his property on Lafayette Street, Salem, Massachusetts. Also enclosed
is the original Notice of Intent and Environmental Data Form, which was
originally filed with the Salem Conservation Commission on November 3,
1978.
A copy of the revised site Development Plan, dated March 12, 1979 and
the Foundation Plan of the proposed structure were forwarded to the
Conservation Commission on March 23, 1979 by certified mail.
I have also enclosed for your reference a copy of the memorandum dated
November 7, 1978 from Michael Moniz to John Powers, Building Inspector,
stating that the proposed building at 441 Lafayette Street will be
located above the 15.36 feet Mean Low Water Elevation. Because the site
Development Plan was revised (dated March 12, 1979) the Building Department
will need a memorandum based on the revised plans with respect to the
site elevation.
Thank you for your cooperation in this matter.
Yours very truly,
J. Patrick Burke
jak
encls.
cc: Mr. & Mrs. Marquis S. S. Magee
8 Broad Street
Salem, MA 01970
LL—_ i