46 MARLBOROUGH ROAD - CONSERVATION COMMISSION (2) McGrath Park-
46 Marlborough Rd.
t
w
L. -
10 CMR 10.99 DE2. allo.
Form 2 (TO be PMW-ed by DEP)
cfty/r. SAI,M
APF�� i y o a em
Commom+ealth
of Xaaaachusetts Dift Regaer Filed-_L/IQ/L4
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
From Salem Conservation Commission Issuing Authority
To City of Salem Same
(Name of Person making request) (Name of property owner)
Address McGrath Park, 46 •Marlborougk 1adress Same
This determination is issued and delivered as follows:
® by hand delivery to person making request on June 28, 1994 (date)
❑ by certified mail, return receipt requested on (date)
Pursuant to the authority of G.L. c.131, 540, the Conservation Commission
has considered your request for a Determination of Applicability and its sup-
porting documentation, and has made the following determination (check whichever
is applicable) :
Location: street Address McGrath Park, 46 Marlborough Road
Lot Number:— 38, Map 9
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, filing, dredging or altering _ ?-f that area
requires the filing of a Notice of Intent.
2. ❑ The work described below, which includes all/part 'of the work described
in your request, 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.
2-1
Effective 11/10/89
3. ❑ The work described below, which includes all/part of the work described
.n your renue-it, is wi�h'.n the euf er Tons as defined is the regulation,.
and will alter an st^s su),)t-�L to Proieet '4on Cndnr tae Act Therefore,
said work requires the filing of a Notice of intent.
This Determination is negatives
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. SEE ATTACHED CONDITIONS
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 specifried in the Act and the regulations, no
Notice of Intent is required:
Issued by Salem conservation commission
Signature(s)
CIS _
CA
This Dete a i must be sgns ed by a ma3arity of _te cunserva`ion onrmni�sioa.
on this 23rd day of June 19 94 , 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 the same as his/her free act and deed.
July 15, 1999
Notary Public my commission Expires
This Determination does not relieve the -applicant frau co mlying with sit other applicable federal, state or
local statutes, ordinances, by-laws or regulations. This Determination shall be valid for three years from the
date of issuance.
The applicant, the owner, any person aggrieved by this Determination, any owner of lard abutting the lard upon
which the proposed work is to be done, or any ten residents of the city or town in which such lard is located,
are hereby notified of their right to request the Depertment of Environmental Protection to issue a Superseding
Determination of Applicability, providing the request is made by certified mail or hand delivery to the
Department, with the appropriate filing fee end Fee Transmittal Fames provided in 310 CMR 10.03(7) within ten
days Iran the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hard delivery to the Conservation Commission and the applicant.
2-2A
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 Acta .Therefore,
gai.d work raquiros 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.
6. ❑ 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 .requiredt
Issued by the Department of Environmental Protection
signature
on this day of 19 before me
personally appeared 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.
Notary Public my commission Expires
This Superseding Drtcrmination does not relieve the nnplicant iron eomnlving with -!l other applicable federal,
state or local statutes, o,?inances, by-laws or reguiations. This Superseding Determination shed be valid for
three years from the date of issuance.
The applicant, the owner, any person aggrieved by:the Superseding Determination, any owner of land abutting the
lard upon which the proposed work is to be done,.or any ten persons pursuant to G.L. c. 30A, §10A, are hereby
notified of their right to request an adjudicatory hearing pursuant to G.L. c. 30A, §10, providing the request
is made by certified mail or hand delivery to the Department, with the appropriate filing fee and fee..
Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Superseding..
Determination, and is addressed to: Docket Clerk, Office of General Counsel, Department of Environmental
Protection, One Winter Street, Boston, MA 02108. A copy of the request shall at the same time be sent by
certified mail or hard delivery to the conservation comnissim, the applicant, and any other party.
A Notice of Claim for an Adjudicatory Hearing shall comply with the Department's Rules for Adj�x':atory
Proceedings, 310 CMR 1.01(6), and shall contain the following information:
(a) the DEP Wetlands File Number, name of the applicant, and address of the project;.
(b) the complete name, address and telephone number of the party filing the request, and ; if represented by
counsel, the name and address of the attorney;
(c) the neves and addresses of ell other parties, if known;
(d) a clear and concise statement of (1) the facts which are grounds for the proceeding, (2). the objections
to this Superseding Determination, including specifically the mercer in which it is alleged to be
inconsistent with the Department's Wetlands Regulations, (310 CMR 10.00) and (3) the relief sought through
the edjudicatory hearing, including specifically the changes desired in the Superseding Oetemination;
(e) a statement that a copy of the request has.been sent to the applicant, the conservation commission and
each other party or representative of such party, if kncwn.
Failure to submit all necessary may result in a dismissal by the Department of the Notice of Claim for an
Adjudicatory Hearing.
2-2B
SPECIAL CONDITIONS
McGRATH PARK
1. No cleaning or washing concrete from construction vehicles or equipment within the
Buffer Zone or Resource Area.
2. Any stockpiled material shall be placed upgradient of the installed haybales and shall be
located in an area which best prevents sediment from surface runoff entering the
wetlands.
3. Work shall be halted if anything of suspicious nature is found and the Conservation
Commission is to be notified immediately.
jm/dh/mcgnt6p.w
CITY OF SALEM
CONSERVATION COMMISSION i
The Salem Conservation Commission will hear a Request for a Determination
Of Applicability, under the Wetlands Protection Act, Massachusetts General
Laws,Chapter 131,Section 40,at the request of the City of Sale.).The proposed
work,located at McGrath Park,46 Marlborough Road,consists of the excavation
of a,play area for site preparation to allow for the installation of children's
play equipment. The Request will be heard on Thursday, June 23, 1994 at
7:00 p.m., One Salem Green, second floor conference room. -
June 16, 1994 BETSY HORNE,Chair
_. SN26707
10 CHR 10.99 097.T&No.
Form 2 Cro be PmMed by DFP)
ckyn.Mn SALEM
i y o a em
Coossonveal th
of Massachusetts Dene Rages wed 6/10/94
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
From Salem Conservation Commission issuing Authority
To City of Salem Same
(Name of Person making request) (Name of property owner)
Address McGrath Park, 46 -Marlborougk i�dreae Same
This determination is issued and delivered as follows:
® by hand delivery to person making request on June 28, 1994 (date)
❑ by certified mail, return receipt requested on (date)
Pursuant to the authority of G.L. c.131, 540, the Conservation Commission
has considered your request for a Determination of Applicability and its sup-
porting documentarion, and has made the followirg determination (check whichever
is applicable) :
Location: street Address McGrath Park, 46 Marlborough Road
Lot Number:— 38, Map 9
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, filing, dredging or altering 7f that. area
requires the filing of a Notice of Intent.
2. ❑ The work described below, which includes all/part of the work described
in your request, 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.
2-1
Effective 11/10/89
3. ❑ The work described below, which includes all/part of the work described
:.n your request, ie wi�h=.n the suf --er Zone as (Wined is the regulations.
and will aitcr an 3^ s su).j� �L to Pruiacti.on t.nd?�r the Act "herefore,
said work requires the filing of a Notice of Intent.
This Determination is negatives
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. SEE ATTACHED CONDITIONS
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
Signature(s)
J
T11 s rice /' a i must be s gned by a naiarity of tte cunserya`ion 'onuni..sioo-
on this 23rd day of June 19 94 , 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 the same as his/her free act and deed.
--s- ' July 15, 1999
Notary Public My commission expires
This Determination toes not relieve the -appi mant from covvkying with all other applicable federal, state or
local statutes, ordinances, by-laws or regulations. This Determination shall be valid for three years from the
date of issuance.
The applicant, the owner, any person aggrieved by this Determination, any owner of lard abutting the lard upon
which the proposed work is to be done, or any ten residents of the city or town in which such lard is bested,
are hereby notified of their right to request the Department of Environmental Protection to issue a superseding
Determination of Applicability, providing the request is made by certified mail or hand delivery to the
Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten
days from the date of issuance of this Determination. A copy of the request shell at the same time be sent by
certified mail or hand delivery to the Conservation commission and the applicant.
2-2A
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,
gai.d work raquirre 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 the Department of Environmental Protection
Signature
on this day of 19 before me
personally appeared 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.
Notary Public My commission Expires
This Supers-ding Drtormination does not relieve the erPlicant iron romplving with Ill other applicable federal,
state or local s•atutes, or?mnances, by-laws e.r reguiations. This Superseding Determination shed be valid for
three years from the date of issuance.
The applicant, the owner, arry person aggrieved by:the Superseding Determination, any owner of lard abutting the
lard upon which the proposed work is to be done, or any ten persons pursuant to G.L. c. 30A, 1110A, are hereby
notified of their right to request an adjudicatory hearing pursuant to G.L. c. 30A, 410, providing the request
is made by certified nail or hard delivery to the Department, with the appropriate filing fee and fee,
Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Superseding...
Determination, and is addressed to: Docket Clerk, Office of General Counsel, Department of Environmental
Protection, One winter Street, Boston, MA 02108. A copy of the request shall at the same time be sent by
certified mail or hard delivery to the conservation commission, the applicant, and any other party.
A Notice of Claim for an Adjudicatory Nearing shall comply with the Department's Rules for Adjok':atory
Proceedings, 310 CMR 1.01(6), and shall contain the following information:
(a) the DEP wetlands File Number, name of the applicant, and address of the project;.
(b) the complete name, address and telephone number of the party filing the request, and ; if represented by
counsel, the name and address of the attorney;
(c) the names and addresses of all other parties, if known;
(d) a clear and concise statement of (1) the facts which are grounds for the proceeding, (2) the objections
to this Superseding Determination, including specifically the mercer in which it is alleged to be
inconsistent with the Department's wetlands Regulations, (310 CMR 10.00) and (3) the relief sought through
the adjudicatory hearing, including specifically the charges desired in the Superseding Oetenaination;
(e) a statement that a copy of the request has.been sent to the applicant, the conservation commission end
each other party or representative of such party, if known.
Failure to submit all necessary may result in a dismissal by the Department of the Notice of Claim for an
Adjudicatory Nearing.
2-2B
SPECIAL CONDITIONS
McGRATH PARK
1. No cleaning or washing concrete from construction vehicles or equipment within the
Buffer Zone or Resource Area.
2. Any stockpiled material shall be placed upgradient of the installed haybales and shall be
located in an area which best prevents sediment from surface runoff entering the
wetlands.
3. Work shall be halted if anything of suspicious nature is found and the Conservation
Commission is to be notified immediately.
jWdw=srWhv.w
310 CMR 10.99 D1�P8e dW 0 DEP)
(To be p,wi y
Form 1
co®onvealth
of Xaaaachaaettm
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L c. 131, §40
1. I, the undersigned, hereby request that the
Salem
conservation commission make a determination as to whether the area,
described below, or work to be performed on said area, also described below,
is subject to the jurisdiction of the wetlands Protection Act, G.L. C. 131,
S40.
se
s or
if
2. The area is described
provide a description and sthe location uof the area subject to this request.)
Location: Street Address b1r( rarhy rt 46 Marlboroue
Lot Number: Map 9 Lot 18
3. The work in said area is described below. (use additional paper, if
necessary, to describe the proposed work. )
Excavation of a play area to allow for the installation of drainagestone,
resilient wood fiber surfacing and a timber curb. A wood play
structure
and metal swings will be installed following the completion of the curb
and surfacing. Haybales will be placed between the play area and the resource
area. See attached drawings.
1-1
Effective 11/10/89
4. The owner(s) of the area, if not the person making this request, has been
given written notification of this request on June 10, 1994 (date)
The name(s) and address(es) of the owner(s) :
City of Salem
One Salem Green
Salem, MA 01970
5. 1 have filed a complet6 copy of this request with the appropriate regional
office of the Massachusetts Department of Environmental Protection mailed
June l0. 190L _(date)
DEP Northeast Regional office DEP southeast Regional Office
10 commerce way Lakeville Hospital
Woburn, MA 01801 Route 105
. Lakeville, MA 02347
DEP central Regional office DEP western Regional office
75 Grove street state House West, 4th Floor
Worcester, MA 01605 436 Dwight Street
Springfield, MA 01103
6. I understand "that notification of this request will be placed in a local
newspaper at my expense in accordance with section 10.5(3) (b) 1 of the
regulations by the conservation commission and that I will be billed
accordingly.
Signatq ljF/�a�A�--Name Juli Riemenschneidpr
Address One Salem Green, Salem, MA Tel. 508-745-9595, ext. 311
1-2
'`
\ SCIS Co
� o �
o
e
OMMINO05 C NC:gl \
e�Y
f
e ,
9° o Nra�r�w�ffvtecT
fy,167.1 WA
e _
• MBRRY-Go-IND
\ 81 �/ NO UT
4eMCLEDOR
uMrT � �i
i CLNTF�OL_ Ft;NC-�
Mrf�TH• �Zh`
111" Droll
r-aW,6N1 ArAN N I N6 DEPAR71"R' 'r
{clr4
lz
0
F oC E S
v1=
„ N
Z LP
:00 K
U
V ��
Ib 3-u" Tvp '-v" TY
MIN. T`rp
l ILEO-
1�II III IMI l fII I�/TE: I-YJLFS -Tl'G Tlr'If7El�m STAgr�_R 1lJI rFTS 4S SHO�./r+
16 U MIN. 2 KFJ r_ "2K Tl-tAt-A
(i MIN. MVArC for TI MGEy,--� GrK -rE.r- -rHAhF Io' L.O NGr
PLAY AREA CURB ELEVATION
�--- 6''x(on L�ipaGAPE
TI M PSF.lCS
I
!L.
CORNER DETAIL
JoN Cp��
`i yid
C z Conservation C,,ommission vi 13
Salem. Massachusetts 01970
Fy M
ASS
4
4
rirr�S
CITY OF SALEM
CONSERVATION COMMISSION
The Salem Conservation Commission will hear a Request for a
Determination of Applicability, under the Wetlands Protection Act ,
Massachusetts General Laws , Chapter 131 , Section 40 , at the request
of the City of Salem. The proposed work , located at McGrath Park ,
46 Marlborough Road, consists of the excavation of a play area for
site preparation to allow for the installation of children ' s play
equipment . The Request will be heard on Thursday, June 23 , 1994 at
7 : 00 p.m. , One Salem Green, second floor conference room.
� j °semY 0-47-�,
Betsy Horne
Chair
June 16 , 1994
Thisnotice posted on "Official Bul In Board"
at
CitYH a f AA Salam, Mass. on L _,e
/ yy
23A $ 2313 of M In.G wfth hap• 39 Sec.
310 CMR 10.9 9 DPP Pik Nn J
(ro b,pr ded by DFP)
Form I
APPS
com nveslth
of Massachusetts
Request for a Determination of Applicability
Massachusetts Wetlands protection Act, G.L c. 131, §40
1. 1, the undersigned, hereby request that the
Salem
Conservation Commission make a determination as to whether the area,
described below, or work to be performed on said area, also described below,
is subject to the jurisdiction of the wetlands protection Act, G.L. C. 131,
540.
se
s or
lans, if
to
2. The area is described follows-
provide a description ands the locationUof the area subject to this requ/est.)
Location: Street Address
McGrath y t 46 Marlborou2b Road
Lot Number: map 9 Lot 39
3. The work in said area is described below. (Use additional paper, if
necessary, to describe the proposed work. )
Excavation of a play area to allow for the installation of drainage stone,
resilient wood fiber surfacing and a timber curb. A wood play
ture
and metal swings will be installed following the completion of the curb
and surfacing. Haybales will be placed between the plav area and the resource
area. See attached drawings.
1-1
Effective 11/10/89
4. The owner(s) of the area, if not the person making
this
sOSrequest, has been
June given written notification of this request on
The name(s) and address(es) of the owner(s) :
City of Salem
One Salem Green
Salem, MA 01970
5. I have filed a complete copy of this request with the appropriate regional
office of the Massachusetts Department of Environmental Protection mailed
June 10 94G (date)
DEP Northeast Regional office DEP southeast Regional Office
10 commerce way Lakeville Hospital
Route 105
Woburn, MA 01801
Lakeville, MA 02347
DEP central Regional office DEP western Regional office
75 Grove Street State House West, 4th Floor
worceser, re 01605 436 Dwight Street
P
S ringfield, MA 01103
6. 1 understand that notification of this request will be placed in a local
newspaper at my expense in accordance with section 10.5(3) (b) 1 of the
regulations by the Conservation commission and that I will be billed
accordingly.
signatur < � � </ a°1B Juli Riemenschneider
Address One Salem Green, Salem, MA Tel. 508-745-9595. ext. 311
1-2
' tus a IL
f \7eN N \
0
wav SAM
e �
' P>CI�Tt NG
St1UMIN0U5 NCR. \
WD`s •
o,
N '
M6Riz`�Go-f�ND
' WMAND UMIr L
8 �/ �No YCHCLEM OK
� Pr�tr
i f�tS�Ai.t. f•VZ`fB�L'.�.�IA
i� CLriTROL_ Pd`IGP.
i xenN& 9Y4lNcv q CUMBf�C TD � ►� _--
Mme' �K
,EM F:",AN N I N& PEPARTM 'r
{cr4
z
0
d� = U3
z
hoc �v
z�p ° � z F
" N
4 a -
� V Q
V � ,
3-0" - yl, '-v" T v
IIO III JN- L-5 TY F?
I11 � `�TAC�%K .,Ulf`�T'7 LiU SFip��/N
I to" U MIN. Z K JP>,N< F K- T1rjo6EK-5 LF�S -r-tAUA
('�i MIN. '_� KEUG.R rpK TiM6F� cTKE1aTE.1C �"r-Wr-F �' LUtvcr
PLAY AREA CURB ELEVATION
30�
6"x(o`�LA�DSGApE
nMMA15
•
CORNER DETAIL