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36 MARCH STREET - CONSERVATION COMMISSION 3� ��� �� - �JCA ,/ 6 j v CITY OF SALEM R CONSERVATION COMMISSION September 9, 2011 Terryanne St. Pierre and George Fallon 36 March St. Salem, MA 01970 Re: Determination of Applicability,36 March St., Salem,MA Dear Ms. St. Pierre and Mr. Fallon: Enclosed, please find the Determination of Applicability for the above referenced property- If you have any further questions or concerns, please feel free to contact me at 978-619- 5685. Sincerely, Tom evin Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Salem computer, use only the tab Conservation Commission key to move To: Applicant your cursor- Property Owner(if different from applicant): do not use the Tem/anne St. Pierre return key. Name Name 6 -11 36 March St. °0 Marring Address Matting Address Salem Mat 01970 City/TownState Zip Code City/Town State Zip Code ma 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: PLOT PLAN OF LAND LOCATED IN SALEM MASS. with undated edits 2/26/2008 rine Date Title Date TRIe Date 2. Date Request Filed: 8/25/2011 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): Replacement of existing deck(3.5'x 8')with with larger one(8' x 10') within riverfront area Project Location: 36 March Street Salem Street Address Cdylrown 36 216 Assessors Map/Plat Number Parcel/Lot Number wwrormZ. •DetamWation a npph abr*•"..10AW 0 Page t as l_ Project Status Sheet Address: 3� vw'c �� DEP #: Application Type: Contact Name: GQ^ - f Phone: ql� >W � Date Submitted: L/l Application Complete 'Correct Fee Received � "��rba.*e`�cr��t-Re�uestgd � �tPceiyed I egal Notice Sent Legal Notice Confirmed -Wnline ,'I Added to Agenda ❑ Agenda to Applicant ❑ Agent Comments to Commission ❑ DEP Comments Hearing Opened: � Continued: Site Visit: ❑ Abutters Notice Confirmed ❑ Order of Conditions Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Applicant Recorded OoC with Registry Preconstruction Meeting: ❑ Certificate of Compliance Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Applicant Recorded CoC with Registry Notes: SENDER: COMPLETE THIS SECTION aOMPLETE THIS SECTION ON DELIVERY I ■ Complete items 1,2,and 3.Also complete item 4 if Restricted Delivery is desired. 0 Agent ■ Print your name and address on the reverse "0 Addressee so that we can return the card to you. R. Received b Name 16.­Date`of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permit EM MA 1. Article Addressed to: 5 )� D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No -,A U ce Type `SPS Certified Mail 0 Express Mail C Ll 7 U Registered 0 Return Receipt for Merchandise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number I 701 ''--r'`' --"--- - = IiI 078 '➢002' 4126 7472 It (transfer from service label) f PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES`�,e9 h...q., "7sr �" ,Pewmitt�o'CT.,'�6y� id I yi,k` a. �R .�,�y1 •iw.a h.v,. • Sender: Please print your name, address, and ZIP+4 in this box Salem Conservation COMMiSSIOn 120 Washington Street,3rd FI Salem,MA 01970 f� O o 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.) 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 thejurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing, filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ❑ 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent or ANRAD Simplified Review (if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation wpalorm2.doc-Dele,m nasion o1 Applicabillly-rev_1616,04 Page 2 u15 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.) 1 ❑ 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. r wpafonn2.dac-Determination of Applicability•rev.10/6/04 Page 3 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlar'ds 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: i ❑ by hand delivery on by certified mail, return receipt requested on I- d- � � I 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 http://www.rylass..qov/debout/reciion,findvai.ir.htm) and the property owner ifdiffare nt from the applicant). r s: Date wpoform2.doc•Delermmalion of Applicability•rev.10/6/04 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see http://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. wpaforn2 der:-Deer mina lion of Applicability•rev.1016104 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1. Person or party making request (if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town -- State Zip Code rd Phone Number Fax Number(if applicable) Project Location Mailing Address Clty/Town State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability(Form 1)): Name Malling Address -- City?own State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for (check one): ❑ Superseding Order of Conditions ($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpafonn2doc•Request for Departmental Action Fee Transmittal Form•rev.1016/04 Page I of 2 LE Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 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:liwww.mass.gov/dep/about/region/findyour,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. wpalmm2 doc•Request for Departmental Action Fee Transmittal Farm•rev.10/6104 Page 2 of 2 RECEI��® Massachusetts Department of Environmental Protection Bureau of Resource Protection - WetlandsAUG - from 11 WPA Form 1 - Request for Determination of Applicabil DFK°PLANNING a Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 MMUlYin'DEVELOPMENT A. General Information Important: Whenfilling out 1. . Ap ' _ nt: forms forms on the computer, use only the tab key Nar9Q� �� E-Mail dress l to move your �,1C cursor-do not Mai' ddress M� use the return Q I v 019 key. 'r��f�' C�rTo_nn ��� State Zip Code � Pho7netA�1++Number Fax Number(if applicable) 2. Repre t ti ve(if any): ,ems r. Firm r^`— G�OrC,E S� �or. J IZoo Contact Name ail Addreed Mailing A dres City/Town ( SState Zip Code PhoneNtImber Fax Number(if applicable) B. Determinations �^ 1. I request the I v `c, 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: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as w ,depicted on referenced plan(s). wpafonnl.aoc Page t of 4 A Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands cityTown 4 WPA Form 1 - Request for Determination of Applicability Massach etts Wetlands Protection Act M.G.L. c. 131, §40 C. Pr ject Description 1. Project Location (use maps and plans to identify the location of the area subject to this request): -� MUA-C, t �e"" 1 Street ddSEss�_� 7 City/Town Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): ` �p &!ad' MCS I.-D4t, t MtO 8t-IVGI'x`'�/ c. Plan and/or Map Reference(s): Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessalaryl): GOP. Z \�fi/� C�1CArn� Inr��es ( �1G�1CIS'T1 �'�c, �,� rr t�corks' c,1 v t✓�c,_,tj � —�-4 �- t�t?� -�-b�r,o r fru rv,►1S G ,� eG rare wpefo.I.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands cityTown WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (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 7Riverf nt 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.) wpeo ml.Eoc Page 3&4 Massachusetts Department of Environmental Protection ," 'i Bureau of Resource Protection - Wetlands City/Town WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request(including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Name ems C/� �^� Mailing Address - .r\erA CilyrFown Stale Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordance a tton=10.05 )(b) of the Wetlands Protection Act 7/711 .� � Sig ture of licant Da Signature f Repr n tive ny) Dat I , I I wpefo"I'doc Page 4 of 4 N r SSy� _yy ? :�. +\ ♦ s w r' • i ' S 's r r \�v PLOT PLAN OF LAND LOCATED IN �Q SALE-)4 MASS. N� 5tA"L 8 g t str . l k�i! sir�ti I3 2L �Sf &tilt �!7 SHfn o �A w m-Atzy M lyse i (� l/a7G-A4 ' ia""L1C C1Qc6 goM / 3%.SC < -So 45x in l -Fwk� .3isTi�G A� 3G I hereby certify to X22%�r✓/b[� ST P/G ezc- tha ,fitae. .,., buildings are located ME�' ` ground as shown. cr it tial CHRISTO°NEr SCALE: / : 2G R. _ MELLO DATE: FI.Eg ZG ZDD F9 No.3131-1 /STEj REFERENCE: BK PG 6Gt &Yor ITIS- stooher R. Mello . .4h4 Y eTp � • o ria/ ? v r seed�'.SLy,s�. ) 44 ., Ile . c•�41 p , Ar e + I/ City of Salem, MA 8/16/2011 Parcel Map 37_0013 WATER 360485 _021 36_0214 0219 36_0216 36_0217 30 36_02 36_ 212 40q 58 40 4 B 0 38 S5:43 N .�-•..•,f�3 0 36_0215 41 MAHCHST q 06 36_0220 3, ISO �y0 65 30QG 1 3 36_02 5 _0223 33 36 Property Information ❑ Surrounding Towns Property ID 36_0216_0 13 Town Boundary Location 36 MARCH STREET Ocean — Streams MAP FOR REFERENCE ONLY O Water Bodies NOT A LEGAL DOCUMENT ❑ Parcels Easement Buildings Because of different update schedules,current property Selection:Parcels assessments may not reflect recant changes to property boundaries,Check wit the Board of Assessors to confirm boundaries used at time of assessment. PLOT PLAN OF LAND LOCATED IN SAL E A) MASS.5eA"IL _ 5ar�r�li la 1�� 6 1O !/Cbl/ srr 2Cl6 )Y QIII SN�a i �A w M-Atz�) M A')(YA i , �cPa^^cR aQac6 worn 3%y X � 40 arc in l l StJSOut iit ���r, IM 527- I 2TI hereby certify to 7L 221 1�1,i/GL ba l ;RMiel ed p[jrt- ` ��l Y ; � it CHRISTO=YEr SCALE: R. _ G MELLO DATE: f"Eg A ZDO9 No.31317 \ �c1sr j REFERENCE: BK PG PZWZ.13Or ITIS' o PL 1 2 City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received n Amount Received Form of Payment ,Check ❑ Cash Client Information CASH PAYMENTS: client initials w.1 ❑ Sign Permit Application Fee 9 Conservation Commission Fee ❑ Planning Board Fee / ZBA Payment received for what service? ❑ SRA/DRB Fee ❑ Copies ❑ Other: Name of staff person receiving \ payment l Q (/ Additional Notes GEORGE FALLON e3-179/113 - 36 MARCH ST. AF, 284 I SALEM, MA 01870 - - •. c DATE C—• I I PAY IYJ 11111 ,. - . BORDER OF `L ® DOLLARS Fastem k .. 6mbn.M,102110 eastemCenk.mm - I.gp0.G51ERN - _ MEMO 'A:0 i i 30 1 7981: 04 04 70 1 286ii' 02 Original Check and Form: DPCD Finance Copy 1: Client Copy 2: Application File ,,tii';�'tiC)7;q, l'� SG�¢v.il /(/A...✓S �/�'l/C( .. .� I xf h CITY OF SALEM CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability under the Wetlands Protection Act MGL c131§40 and Salem Wetlands Protection and Conservation Ordinance c50 at the request of Terryanne St.Pierre,36 March St Salem MA. The purpose of the hearing is to discuss proposed replacement of existing deck with a larger one(8'x 10')within riverfront area at 36 March St. Hearing will be Thurs. 9/8/11, 6:00pm in City Hall Annex Rm 313, 120 Washington St. Julia Knisel Chair Please print legal ad on: September 1, 2011 Please remit bill to: Terryanne St. Pierre 36 March St. Salem, MA 01970 978-741-8677