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74 LEAVITT STREET - CONSERVATION COMMISSION X74 4a—J� S�{. �/-�,(,�� C�✓� �o�lhci„S Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 5 a (e WPA Form 1 - Request for Determination of Applicability Cityrrown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms the ?OA lM e v- C o v e Y!,c�r only the computer,tab key Name Otuse --.. _ E-Mail Address to move your -1 Leo— V t l i S 1 cursor-do not Mailing Address use the return S C >\ e W\- M R O t y'1 O key. City/Town State Zip Code CV-k-8—1 1.1,4 9 Z2 Phone Number Fax Number(if applicable) 2. Representative(if any): -— wa — Firm Contact Name E-Mail Address Mailing Address PcvLav -k S• CitylTown State Zip Code ® Sw,a wL Phone Number .—I 8 t Z 8 5 3 9 Fax Number(if applicable) Ili C.N o B. Determinations VL f 9 a o 2 1. 1 request the S n\e N., make the following determination(s). Check any that apply: �d Conservation Commission .1 [�a. whether the area depicted on plan(s)and/or map(s) referenced below is an area subject to Lim 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_lIai�`s) retelenced'below isrsubjecifo&a Wetlands Protection Act. Uv d.whether the alrea and/or work depicted'on'plari(s)"referee rced below'is subject to the jurisdiction of any municipal Wetlands ordinanceior bylaw of: .. Eo-k e trw Name of Municipality ❑ e.whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpafartnl.tloc - - Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands / City/Tom 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): -1 W \- e0. ►T sT- sa\--- VV'- Street Address CitylTown 3 Lt- 116 UO Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): Tine Ty, aor� c�\\icltiT\tle sTrv �� uve will be. \awe t 5 4twV4 e o,ck ed a VoLVerxl dirT. T \ne ateo Inas 10'�eYLuSN� �rar SToii-a ; e � T\ne o.v%'a too-\r-le- �"ng Vklie 5 LJLYaMer . FAI Me { c. Plan and/or Map Reference(s): Skerch(' \ov, d land lter»red C=or 2. /yloI Title Date Title Date U- \/ I�ICM•r -1n.U– 1'rfS Q[.I 4L Te-S —f> P.lr e��( Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): T�\e work To be t, -t� orkn-cd is The ctoh sT,- uc,'T aF a Fwee 1STvv\a �vta STc)MA4C sykea w�nicy, t ;k11 be Alo. cPd C(AQY\ cc Our �lnclnTh\ e Ska h al levet. SLtepo. rTea . t1or1 1nVCk Ve Canc.rele 12rers our �ecT deep _ Tie �n��es �o>r T 4L e s Te r s w'k\\ 6c* Ir\o. "a duo To tvit v> i cn t wpWomtdoc Page 2 d 4 \ Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands S,le wt � WPA Form 1- Request for Determination of Applicability City/iown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 ❑ Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project,where the applicant owned the lot before 8!7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision; institutional, industrial, or commercial project ❑ Municipal project ❑ District,county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an aftematives 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.) ypepntdw Pegg 3 d4 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands 1 WPA Form 1- Request:for Determination of Applicability cityrrmn ` 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, 'rf 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: Name- _ 1k (_ e0. yi TT 5r Mailing Address S q e Yv\. Cityrrown to 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. Signature of.AppliceM Date Signatureaf Representative Of any) Date wpafo I.dm Page 4 d4 Project Status Sheet Address: ��{ �'� S� • �P Vk )DEP #: Application Type: Q\)A Date Submitted: S (0 - Contact Name: Soh a-/ Phone: Proposed activity: S�- ❑ Application Complete i�Correct Fee Received 9 Abutters i eceived Legal Ad Sent ❑ Legal Ad Confirmed 50nline Added to Agenda ❑ Agenda to Applicant -Agent Comments to Commission DEP Comments Hearing Opened: 1c�-, ,L- Continued: ---Site Visit: _"butters-Notice Confirmed ❑ Order of Conditions Sent to Applicant and DEP nfirmation of Delivery ❑ Expiration da e a endar ❑ Added to database ElApplicant rded OoC with Registry Preconstruction Meeting: ❑ Certificate of Compliance Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Applicant Recorded CoC with Registry Notes: � ktAf;gF -11TY OF SALEM CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability under the Wetlands Protection Act, Mass. General Laws c.131§40 and Salem Wetlands Protection and Conservation Ordinance for Palmer Cove Yacht Club, 74 Leavitt St, Salem MA. Purpose of hearing is to discuss Proposed construction of a 14' x 20' storage shed within land subject to coastal storm flowage and buffer zone to coastal bank at the aforementioned property. This hearing will be held on Thursday, May 24, 2012 at 6:00 p.m. in City Hall Armex, Rin 313, 120 Washington St. Please print legal ad on: May 17, 2012 Please invoice: Johne Burke Palmer Cove Yacht Club 74 Leavitt St. ,Salem, MA 01970 978-744-9722 UNITED STATES POSTVV9LtWCE-}' '-,- c '" `"*• r�sflass'TAeil.°`� ` • Sender: Please print your name, address, and ZIP+4 in this box I i I I Salem COnSONation COmmission 120 Washington Street,3rd Fl !I Salem,MA 01970 I SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signa Rem 4 if Restricted Delivery is desired. --l]-Agent ■ Print your name and address on the reverse X 0 Addressee so that We can return the card to you. B. Received by(Printed Name) C, ate of Delivery ■ Attach this card to the back of the mailpiece, 3 or on the front if space permits. D. Is delivery address different from item I? ❑Yes 1. Article Addressed to: J If YES,enter delivery address below: 0 No -W� L_"'iu� < '�/� CJ [ 3. Service Type Certified Mail ❑Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2.,Arfiole Number (rransferfrom service(abel) . 7010 2780' 0002 0162-1669- '" PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 �t 0V9ITq1r 1 CITY OF SALEM 9p _ �R CONSERVATION COMMISSION May 29, 2012 John Burke Palmer Cove Yacht Club 74 Leavitt Street Salem, MA 01970 Re: Determination of Applicability—Palmer Cove Yacht Club Dear Mr. Burke: Enclosed, please find the determination of applicability for the above-referenced activity. This document indicates that no further permit is required for this work under the Wetlands Protection Act or Salem's local wetlands protection ordinance. Following the 10-business-day appeal period and provided that this determination is not appealed, you may proceed with the permitted activity. This determination is effective for three years from its date of issuance. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, Tom Devine Conservation Agent/Staff Planner Enclosures CC: DEP Northeast Regional Office 1 t 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 Palmer_Cove_Yacht_Club _ return key. Name Name 74 Leavitt Street Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code wren t+y 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Untitled_plan submitted with May 10, 2012 Request for_Determination______ None Title Date Title Date Title Date 2. Date Request Filed: May 10, 2012 B. Determination Pursuant to the authority of M.G.L. c. 131, § 40, the Conservation Commission considered your Request for Determination of Applicability, with its supporting documentation, and made the following Determination. Project Description (if applicable): Construction of 14' by 20' shed on slab approximately 70' from the coastal bank. Project Location: 74 Leavitt Street Salem Street Address City/Town - 34450 - --- -M---_..- -- — -- - — ----_ - -- - . - ---- Assessors aplPlat Number Parcel/Lot Number wpaforroldoc-eelei ruination of ApphceUihry-rev 1016104 Page 1 of 5 ' r Massachusetts Department of Environmental Protection i 6 Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability o" 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: -----o—f—Mun—ic—ipality-- -- -- - — —— --- - - - — - - - ----- --- Name Pursuant to the following municipal wetland ordinance or bylaw: ------------------------- Name Ordinance or B law Citation +p a form2.Uoc-DeIo,,nlnaI, o of Appllcability-rev-1016104 Page 2 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.) ❑ 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). ❑ 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. ,,f.,,n2 doo•Date mvnz lion of Appl,aU, ,-rev. 1016104 P09B 3 of 5 `r P,, A —� 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: SJ� Name of Municipality Pursuant top a municipal wetlands ordinance or bylaw. co p, i[1_4v1C_ li - C� _ Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ER by certified mail, return receipt requested on S~-- o a e,La 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 httpi//www.mass.gov/dep/about/regiori.findyour.htm) and the property owner(if different from the applicant). l 4naa Date .vpatorm2 Goc-Determination cr Applicability•rev.1016104 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands `i 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/dep/about/region.findyour.htm) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpalorm2.dor.•Oelerminalion al A,pkl bflkly rev.1MAN Page 5 of 5 ' Massachusetts Department of Environmental Protection S' Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form na Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request (if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the _ return key. City/Town State Zip Code '�^ Phone Number Fax Number(if applicable) - - Project Location renin f{, _ Mailing Address City/Town State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Mailing Address CitylTown State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions ($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 •npaeim2.doc-ReLTiesl for pepatlmenlal Action Fee Tr9nsmntal Form-rev 1016/04 Page I of 2 Massachusetts Department of Environmental Protection L7, Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/dep/aboLit/region/findVOLir.htm). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. w,forin2.Coe-Request for Departmental Action Fee Ttansin u I Fann•rev. 1016/04 Page 2 of 2 _ 6"X6" SBDH 6"X6" SBDH N725330"W 6"X6" SBDH FND FND L(HDJ) 1 FND 0. 1 ' A.G 39,87'(M) 0. 1' B.G. (HELD) S7257'56"EFLUSH — — (SUR VE) TIE) 160. 70' (M) O ;EA VITT i o (PUBLIC - 40' W/DE) STREET (SEE DETAIL) o I 30.gg� o, (SEE DETAIL) S72'57'56T 7.00' 1` 50.00 6.24' OPENING 167.26' 6' CLF GATE JI 137. 7,: ?IGHT OF WAY I IN FENCE S7255'18"E JR TENANT TO THE No. 72 �)BJECT PARCEL I q NOW OR y ,4CRIRFn IN DFFn c? FORMERLY, 4.05' ONE f 11074, PAGF .318 I v; STEVEN STORY �LY I LLOYD 4- WOOD LOT B-2 L( C. 4.00' KENT v LC"CASE 53288 8' CLF I S72 59'17'E °p RECORD AREA= U 0 38,921tS.F. o Stu � ZO L L 0 7' B N•"" BIT. CONC. PAVEMENT BOA T �u PLAN BOOK 272, PLAN 3 ca 0 RECORD AREA= ^ _ STORAGE 3 'N 9,522±S.F. �o r-_ BOAT Z z of 2 STORAGE - Q ONE Li STORY LIX14 WOOD � .�---o----o ONE STORY O ?JD . .9> S No. 78 0 C OONE S7� STORY EXISTING WOOD ONE STORY 8' VINYL-SIDED WOOD 83' BOAT FRAME BUILDING STORAGE .* NSps\ F I �98sss'6Y o ALKWAY CONCi AND WOOD DECK CONC. I PAD' o I APPARENT ENCROACHMENT 5' WIDE W l OF ONE STORY WOOD D GANGWA Y BUILDING AND DECK V 0 r� �s0 �\ lWoop WOOD DOCK- Q U O NOW OR FORMERLY \ pOGK CITY OF SALEM \ REFERENCE /S MADE TO DEED o \ AND DEED BOOK 10713, PAG N N \ MAINTAIN CERTAIN STRUCTURE \ PROVISIONS OF CHAPTER 91 \ APPARENT EI 0 0 \ DOCKS ONTO \ OF NAUMKEA W W \ o \ RE \ USI