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127 MARLBOROUGH ROAD - CONSERVATION COMMISSION T I /v 127 Marlborough Rd. #6432 310 CMR 10.99 DEP File No. Form 1 (To be provided by DEP) Commonwealth City/Town Salem of Massachusetts Applicant Hancock Environmental Consultants Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 L 1,the undersigned, hereby request that the Salem Conservation Commission make a determination as to whether the area, described below, or work performed on said area, also described below,is subject to the jurisdiction of the Wetlands Protection Act, G. L. c. 131, §40. 2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Street Address 127 Marlborough Road,Salem,MA Lot Number: Tax Map 9,Lot 270 See Locus Map Attached See "Sketch Plan of Land to Accompany Request for Determination' prepared for Joseph Furnari by Hancock Environmental Consultants,dated July 16, 1997. 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) Hancock requests that the Salem Conservation Commission issue a negative determination stating that the stream located between Strong Water Brook and Marlborough Road on property located at 127 'Marlborough Road (Tax Map 9, Lot 270) is intermittent and therefore not subject to the Rivers Protection Act. The stream in question is a tributary to Strong Water Brook. The tributary is not shown on the latest USGS topographic maps and, according to the property owner,it does not flow throughout the year (see exhibit A). It is therefore our opinion that it is not subject to jurisdiction under the Rivers Protection Act. On the occasion of a site visit on August 27, 1997,it was also observed that no Strongwater Brook above the confluence of the streams was not flowing. Determination is also requested for Strongwater Brook. ft %VED pUG �,t� 199 ,ale► ��a�nil�g�epto ; 1-2 Effective 11/10/89 r #6432 page 2 4. The owner(s)of the area, if not the person making this request, has been given written notification of this request on July 16, 1997 The name(s)and address(es)of the owner(s): Joseph Furnari,c/o Miragliotta Law Offices Attn: James V. Miragliotta 170 Common Street Lawrence,MA 01840 5. I have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Protection August 29, 1997 (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. ,1 understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.53(b)l of t lations by the Conservation Commission and that I will be billed accordingl Signature 1 i ientist Name Hancock Environmental Consultants Address 235 Newbury Street Phone (508)777-3050 Danvers,MA 01923 #6432 . d 4A NOTES w IHIS PLAN'I'OA('('OMPANIRLQUESI'FOR DE I I.Rki I NAICO OY TI'I'WCAB I L I I Y 10 SALLM CONSERVATION COMMISSION TO VERIFY THE STREAM BETWEEN MARLBCIROUCH ROAD AND STRONG WATLR BROOK LS INTERMITIENI Z h70 �cac� o65c�✓aO BROOK 7 f}tJei'c�5T i 49 j UF.S'" N / SKETCH PLAN OF LAND IN MARLBOROUGH / SALEM.:A1A /l�qoTO ACCOMPANY REQUEST FOR DETERMINATION PREPARED BY HANCOCK ENVIRONMENTAL CONSULTANT JULY 16. 1997 127 MARLBOROUGH ROAD - TAX MAP 9,ASSESSOR'S LOT 270 PLAN NOT TO SCALE n. y SENDER: I also �ish to rete the y • Complete items 1 and/or 2 for additional services. y • Complete items 3,and 4a&b. r following SZ�V �sO{f�r d extra ai • Print your name and address on the reverse of this form so that we can 0 V feel: ` return this card to you. �49� m • Attach this form to the front of the mailpiece,or on the back if space 1. ❑Add ddresa y does not permit. .Ly. • Write"Return Receipt Requested"on the mailpiece below the article number. 2 ❑ Restricted Delivery G • The Return Receipt will show to whom the article was delivered and the date V c delivered. Consult postmaster for fee. S 3. Article Addressed to: 4a. Article Number m \ 1 357 Y c �-t LIC 4b. Service Type }'I " ❑ Registered ❑ Insured v0.NC:J r-1" V rn y .�7 W Certified ❑ COD 6 W C,.3 S �4-EwgJ2y ElExpress Mail ❑ Return Receipt for oz Merchandise D w 7. Date of Delivery — C GDOA , M, -,. > 5. Signature (Addressee) 8. Addressee's Address (Only if requested G and fee is paid)UJI y F L 6. S' n ure (Agent) 0 > PS Form 3811, December1991 *U.S.GPO:lee3-352-714 DOMESTIC RETURN RECEIPT y I UNITED STATES POSTAL SERVI B UVOCT E=SSFOfficial Business6'Q& TAGE, SO Print your name, address and ZIP Code here IIfSalem Planning Dept. 1 Salem Green I !Salem, MA. 01570 I IIL, III 111111111 11 I'll III Mild IIIIII IIIIIII O SENDER:Complete items t,2,3,and 4. Add your address in the"RETURN TO"space i _ on reverse. (CONSULT POSTMASTER FOR FEES) i.The fpllowing service is requested(check one). The to whom and date delivered.................... —Q ❑ Show to whom,date,and address of delivery.. ---0 x.❑ RESTRICTED DELIVERY —C (The restricted delireryfee is charged in addition to the return rereipr fee.) TOTAL £.— a.ARTICLE ADDRESSED TO: a o> a I M 4. TYPE OF SERVICE: ARTICLE NUMBERIn i+`s m ❑R []INSURED y RTIFaiD ❑COD 9 ❑ ISTERED EXPRESS MAIL - c (Always obtain signature of addressee or agent) .,... in I have received the article described above. yressees O ❑ Authorized agent POSTMARKmWyi requened) ' CI M T 7.UNABLE TO DELIVER BECAUSE: 7. EMPLOYEE'S 0 INITIALS s UNITED �S$QbFfFIW q�Ict�uw>detrrrssssss .-� s PENALTY FOR PRIVATE S EA INSTNUCTIONS USE TOAVOIDPOSTAGE,11300 OF OSTIIOE.1300 Print your nem&oddieee�Ndim WGobt 010 spate below. U.&MNL ComPU ft=tZ%ae04anthereveme. • Attaehb fmGfmtldbUspacepermlts. 0 otharW am to baee of anxr • Emteeeulkp"Rettda Retelpt Requested" adjacent to number. RETURN TO pIgnning Dept. cfl Gre CName of Sender) ; aiel-n, MA. 01970 (Street or P.O. Box) i (City, State, and ZIP Code) 310 CMR 10.99 DEP File No. (To be provided by DEP) Form 2 � City/Tan Salem ApplicantHancock Env. Con. Commonwealth of Massachusetts -Date Request Filed Aug. 29, 1997 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From Salem Conservation Commission Issuing Authority To John Dick, Hancock Env. Con. Joseph Furnari (Name of Person making request) (Name of property owner) Address 235 Newbury St. Danvers, MA Address c/o James Miragliotta 01923 170 Common St. Lawrence MA U184U This determination is issued and delivered as follows: - - - -- - -- - - - - -- -- ❑ by hand delivery to person making request on (date) © by certified mail, return receipt requested on October 1, 1997 (date) Pursuant to the authority of G.L. c.131, 540., theSalem 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 127 Marlborough Rd. Lot Number:_ -Map 9 Lot 270. .. This Determination is positive. I. ® The area described below, which includes all/part of the areadescribed in your request, is an Area Subject to Protection ..Under the Act. Therefore, any removing, filing, dredging or altering ,of that area requires the filing of Notice of Intent. 1. That area flowing west from the vicinity of 144&146 Marlborough Rd.to Strong Water Brook is determined to be a resource area,not -'a river. 2. That reach of Strong Water Brook lying south of the northerly stone bridge is an intermittent stream. 3. That reach of Strong Water Brook lying north of the northerly stone bridge has the characteristics(perennial flow in a defined,channel)of a river 2. ❑ The work described below, which includes all/part-of; the work described in yourrequest, 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. . _. 21 - - . _ .. Effective 11/10/89 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 Sub3ect 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 arei.. Therefore, said work does not require the filing of a Notice of Intent. 3 . ❑ The work described in your request is within the Huffer 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 C Signature(s)/T� >� % This Determination must be signed by a majority of the Conservation Commission. on this 25th day of September 1g 97 , before me . personally appeared the above mentioned , 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. LINDA D.WHITE - Notary Public My Commission Expires JunelA 9nnA Nota y Public My Commission Expires This Determination does not relieve the applicant from complying 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 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 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 shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 2-2A `A%oN Cogs 3< 2 z Cio��M commi&im Salem. Massachusetts 01970 ASS City of Salem Conservation Commission Will hold a public hearing for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40, at the request Hancock Environmental Consultants, 235 Newbury Street, Danvers, Ma. The purpose of the hearing is to discuss the applicability of the Rivers Protection Act on both Strong Water Brook and a tributary of the Brook on the property owned by Joseph Furnari located at 127 Marlborough Road. This hearing will be held on Thursday, September 25, 1997 at 7:00 p.m. in the second floor conference room at One Salem Green. Fred Harney Chairman September 17, 1997 Please send bill to: John Dick, PLS Wetland Scientist Hancock Environmental Consultants 235 Newbury Street Danvers, Ma 01923 sd\concom\ads\091797 SEP 03 '97 13:57 HANCOCK SURVEY ASSOC P.1i1 HANCOCK Environmental Consultants ❑235 Ncwbury Strcct ' Route 1 North Dat vem MA 01923 (508)777.3050 (508)352-7590 (508)283.2200 X32 (617)662-9659 FAX(508)7747816 :................. September 3, 1997 ❑12 Farnsworth Surer Boston,Mn ozz 10 (617)350-7906 Fred Harney,Chairman Salem Conservation Commission One Salem Green Salem,MA 01970 via fax transmittal 740-0404 RE: Request for Determination-Furnari property at 127 Madborough Road Dear sir; Steve Dibble advises me that our filing was inadvertently not advertised for the September 11 meeting. I therefore waive the 21-day review provision, and request that the Commission consider scheduling a site visit prior to the meeting of the 25th. As you know, the wetland lines for the site have previously been reviewed; this request is only with regard to Rivers Bill jurisdiction, and should not require much more than half an hour on the ground. Thank you for your consideration of this matter. Sincerely, HANCOCK ENVIRONMENTAL.CONSULTANTS ohn Dick,PLS cc: client/file Division ofHaacmk Surrey Associms,Inc. G..r #6432 310 CMR 10.99 DEP File No. Form 1 (To be provided by DEP) Commonwealth City/Town Salem of Massachusetts Applicant Hancock Environmental Consultants Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 L I,the undersigned, hereby request that the Salem Conservation Commission make a determination as to whether the area, described below, or work performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G. L. c. 131, §40. 2. The area is described as follows. (Use maps or plans, if necessary, to provide a description and the location of the area subject to this request.) Location: Street Address _127 Marlborough Road,Salem,MA Lot Number: Tax Map 9,Lot 270 See Locus Map Attached See "Sketch Plan of Land to Accompany Request for Determination" prepared for Joseph Furnari by Hancock Environmental Consultants,dated July 16, 1997. 3. The work in said area is described below. (Use additional paper, if necessary,to describe the proposed work.) Hancock requests that the Salem Conservation Commission issue a negative determination stating that the stream located between Strong Water Brook and Marlborough Road on property located at 127 'Marlborough Road (Tax Map 9, Lot 270) is intermittent and therefore not subject to the Rivers Protection Act. The stream in question is a tributary to Strong Water Brook. The tributary is not shown on the latest USGS topographic maps and,according to the property owner, it does not flow throughout the year (see exhibit A). It is therefore our opinion that it is not subject to jurisdiction under the Rivers Protection Act. On the occasion of a site visit on August 27, 1997, it was also observed that no Strongwater Brook above the confluence of the streams was not flowing. Determination is also requested for Strongwater Brook. 1_2 Effective 11/10/89 ti #6432 page 2 4. The owner(s)of the area, if not the person making this request, has been given written notification of this request on July 16, 1997 The name(s)and address(es)of the owner(s): Joseph ELrnari,c/o Miragliotta Law Offices Attn: James V. Miragliotta 170 Common Street Lawrence,MA 01840 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Protection August 29, 1997 (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. d understand that notification of this request will be placed in a local newspaper at my expense in accordance with Section 10.53(b)l oft lations by the Conservation Commission and that I will be billed accordingly. Signature 1 1 ientist Name Hancock Environmental Consultants Address 235 Newbury Street Phone (508) 777-3050 Danvers,MA 01923 #6432 d s NOT Es W TH IS PLAN TO AC('OMPANY REQUEST FOR DEI I RM IN Al ION 01- APPLICABILL) 11) SALEM CONSERVAI ION COMMISSION TO VERIFY THE STREAM BETWEEN MARLBOROUGH ROAD AND-STRONG W A rFR BROOK IS INTERMITPENI' Z No Fcow o65e%e✓c-O BROOK z Rt�GUSr X99 j STRONG --f� C� ._-• _./ ' UESON SKETCH PLAN OF LAND IN (MARLBOROUGH / SALEM,M.A R0 TO ACCOMPAN\ REQUEST FOR DETERMINATION PREPARED BY HANCOCK ENVIRONMENTAL CONSULTANT JULY 16 1447 127 MARLBOROUGH ROAD TAX MAP 9,ASSESSOR'S LOT 270 PLAN NOT TO SCALE Sent by: . KEILTY LAW OFFICES 508 531 7900 09/25/97 2:53PM Job 341 Page 3/3 ocwva.rt neN bNULAND CEO ID, 60035'16384 PACE 3 .2fani Oy: atMAgLlV�1M inn :nrvwc.... Sant ay: M:nAGLIOTTA LAN SOa Nifi7 07;15107 14:311 Jadbe sob 900 Pap 2/F - AFF/DAM4)F JOUPH A FVXNARt ANO IAA A FURNARI We.kneph A Fwaari and oda A fwmy of 127 Mubarough Rad.Sakur,MA hereby arras that,to the belt of our knuwkloc and bdi4 any wet eena opal our property ad*=tc mid MarlbarovO Road.treated by nmff bam Melboroogh Road nasling through ow prop" to Strong Weer Brook.temwli dry during the period ftom Lee spring to early Ml This condition hb bent uodraitged,to the bad of tslr knowwSe and belief,dao the placemen of a awns damage pips upon our property.by the Cay of Satan The Wave stuasoam is made to tic ben of our knowledge W under the paw and penakuaofpe"ties ISib day ofhdy, 1997 JsA Fudu Na A F el 2 dueori, h illdividudly W molder Rower of Attorney far Joseph A Fumes Then pasona0y apptlad the above named 141L A Furman wA acknowledged the Wregoag to be het'bee an and dead,berate we motery my commum to expires 07/t LESLIE COURTEMANCEE 97 FELLSMERE STREET LYNN, MASSACHUSETTS 01904 (617) 595-4541 r t nr'.^? -)eo . June 11 1997 Beth Debski, Assistant Planner City Hall 93 Washington Street Salem, Massachusetts 01970 Dear Ms. Debski: I am enclosing a copy of a letter I sent out a few weeks ago to various public officials in an effort to try to get help in preserving an area of open meadow and woodland in Salem and Peabody Massachusetts. I also contacted Frederick Berry, , but have not received any response. - Mayor, -Harr.ington's assistant; David Shea .1..suggested that I contact you., for assistance,.;,- I hope-that,• you may'--be -able to offer some help. Through research and investigation, I did find out that there are several state programs which can be tapped into in order to preserve this particular area. I spoke to Jennifer Jillson Soper, Regional Planner at the Executive Office of Environmental Affairs and she recommended that either the Conservation Commissioner or City Planner put together a proposal for this area to be reviewed by a division within her office, the Division of Conservation Services. The area that I am referring to could be preserved under M.G. L. Chapter 132A, s. 11, the Massachusetts Self-Help Program. This program protects areas which contain unique natural, historical or cultural features. The Commonwealth does assist cities in purchasing parcels of land in the interest of preservation. This area should be reviewed for, such a programa There are several other Massachusetts Open Space Protection Programs which may be, util-ized to,preserve this authentic piece of open space: _such : as; .,Natural-. :Heritage - and Endangered_ Species Program, (contact person is Henry Woolsey, NHESP Director at (617) 72779194, ) -or State Parks, Forests, and Cultural Sites, (contact person is .Bob Wilber, DEM Director of Land Acquisition and Protection, at (617) 727-3160. ) These programs are available, but apparently, I, myself am unable to get any action on it, despite all my hard work. I can not even tell you how distressed I am over the threat of impending development of this area. It will be a travesty. This area has to be preserved as habitat to the animals and birds that live there, and because of its unique cultural features. As you can see from the attached letter, the area provides habitat to so many different birds. It is a rich ecosystem. It also serves as a place of natural history. I implore you to help me try to preserve this area for future generations of animals and people. Thank you. Sincerely, ^ Leslie Courtemanche +Steve Dibble, Conservation Commissioner 93 Washington Street, Salem, Massachusetts 01970 David Shea 93 Washington Street, Salem, Massachusetts 01970 Senator Frederick Berry State House, Rm. 109B, Boston, MA 02133 Leslie Courtemanche 97 Fellsmere Street, Lynn, Massachusetts 01904 (617) 595-4541 (h) May 30, 1997 Neil J. Harrington, Mayor City of Salem 93 Washington Street Salem, Massachusetts 01970 US Senator Edward M. Kennedy 2400 JFK Federal Building Boston, Massachusetts 02203 US Senator John F. Kerry 1 Bowdoin Square, 10th Floor Boston, Massachusetts 02114 Joel Lerner Director of State Self-Help Programs Executive Office of Environment Affairs 100 Cambridge Street Boston, Massachusetts 02202 Congressman John F. Tierney 17 Peabody Square Peabody, Massachusetts 01960 Peter Webber, Commissioner Environmental Protection Department Environmental Management 100 Cambridge Street, Rm. 1905 Boston, Massachusetts 02202 Dear Gentlemen: I am writing to you because I need assistance in trying to get a certain piece of land, in Salem and Peabody, Massachusetts (with a border in Lynn, Massachusetts) recognized by the state as needing protection from development. P A G E T W O Already 8.24 acres are up for sale for an approved residential housing development known as the Enclave, 127 Marlborough Road in Salem, Massachusetts (owned by Joseph and Ida Furnari) . With the huge price tag on land and the demand for land exploitation, I'm afraid more and more of the land will be sold for development, until there is nothing left for wildlife habitat and peaceful enjoyment of open space land. Portions are privately owned and city-owned. Approximately 161. 5 acres of open land is privately owned by DiBiasi Realty Trust. (I have contacted both owners and asked whether or not they have an interest in preserving the open space. ) A section of the area in Peabody is already earmarked for a golf course. All properties are one continuous, undisturbed track of open space land. I'm requesting that this area to be reviewed with an eye toward setting up a state park, nature preserve, sanctuary, natural heritage area or a national natural landmark; rather than letting it all go to either development or golf courses. This is a desperate and clarion call to preserve a huge section of wetland, open woodlands and meadows known as the Spring Pond area in Salem and Peabody. I'm enclosing a map in pertinent part. Let me tell you my reasons: As a lifelong resident of this area, I have lovingly enjoyed the countrified beauty of Spring Pond and the surrounding open and woodland off Marlborough Road in Salem and off Lynn Street in Peabody. For nearly all 'my life I have admired the topography and beauty of the area which is now either slated for development, or is left unprotected. As an outdoor enthusiast, I have hiked throughout the area many, many times and continue to do so. I know the area like the back of my hand. I used to walk there when I was a little girl with my father. Because of this area, my father taught me how to identify different birds and animals and gave me a lifelong love and appreciation of nature. The area is one of the last remaining countrified areas of the North Shore. It is reminiscent of the way New England used to be prior to land development: a pastoral wonderland. The grassy meadows, craggy hilltops, vernal pools, colonial stonewalls and old cow paths can never be replaced once destroyed. This area should be a heritage area or state park. It is a living history of our past agrarian lifestyles of New England. So much land has been exploited and used for housing that this one remaining piece of open space should be preserved as history, as a P A G E T H R E E living museum. (I reference you to Mass. General Laws C. 266 s. 105, which protects and preserves colonial stonewalls. Also, the county of Berkshire, under M.G.L. C. 131 s. 39A has protected the natural scenery of the Berkshire Mountains. We should do the same for these hills and meadows. ) But that is not my only concern. The area is a rich ecosystem. . .a habitat for various wildlife, such as: scarlet tanagers, bluebirds, orioles, cardinals, wood thrushes, chickadees, towhees, nuthatches, falcons and hawks, great-horned owls, herons, spring peepers, green frogs, salamanders, bog turtles, foxes, rabbits. . . The Massachusetts Natural Heritage & Endangered Species Program indicates that we shall not adversely impact the habitat of endangered or threatened species. Some of the species I mentioned are listed as threatened. I have seen them all there---existing there, yet having no knowledge or control over the proposed threat of their destruction. There is a whole element of life that exists on this property which apparently has been given no consideration. Once this area is destroyed, their habitat is lost, and their survival threatened as I'm sure you all can understand. So many of us complain and place blame on people of other countries about the destruction of rainforests and loss of animal habitat, yet we are allowing the same fate in our own backyard. This is our backyard and we have to do something about it. There is more value to that land than monetary benefits. There must be a way to preserve this. area for future generations of people and animals to appreciate. There are alternatives to development. Maybe this area could be designated as a reservation for hiking .and walking, with a goal toward maintaining its natural beauty. (That's how Breakheart Reservation in Saugus and Lynn Woods came into being. ) This area is a point of interest and its ruggedness makes for some fine hiking. The old cow paths and foot paths are a ready- made trail system. Wouldn't that be better than more houses, more traffic congestion and less open space for wildlife habitat? The land is ecologically too important to have it developed for housing. It would be a shame to loose this beauty and habitat if there is a viable way to preserve it. It sometimes seems that the individual is powerless to things P A G E F O U R such as I'm discussing. . .but I am not hopeless. Please help me in getting this area looked at and reviewed for preservation. Who do I contact? Where do I go on this? Will you help me? I would greatly appreciate a letter or telephone call at (617) 599-8188 (work number) from you and hope that you will give this your immediate attention in light of the threat of development to a beautiful natural area. Thank you. Very truly yours, Leslie Courtemanche ti" A p Dn ,� .�. r� Mten � � Wa\ Emev I L81�i61/eartN � o f n 1 clY P c `�_ dIELSEA0 3s� G y o y Cross 51 114 ps \Cs o O`lip �iCEM L'f Rd °1 91001115 Nqt ones Po pv CEM I n o NpNMSNOwE ¢ 3 ' a¢ Tom YUE ® Counry Wv Pol nPaMor 61 tl ellill ¢ � Cp y ` - 2 COIOn flU P SAarry °p51 ON ` OI's ee pjOd So Nlckerz^^R (aS Aeanand eee 9C^'m`p � : m T y� eaS e°` O e oya o p D Evans ct 7aYe M1/YERa`` 4reCtor rO °La En 8 B VOwpptl Aa0 E cpzJe Rd 4 i Y= la spw o'^s m New C c y Downmp PFI a +Pre Dr 9 9 rppp view 2 y� S e CP. mPd Y£yA\ Read P 1d __` 4 n 9 wa nc n 1 Ir c ♦ p° .� x Trask Fd • N/Nc a rtb � q 1'� R o o=P pe Tr V"f �♦,�o �( � e CEY¢` a Cir O~ a Oe7K^^� ;Ol el fJRROLL o -° b � n n SCN pd• O y C,:ey ' / 5 c Ov0 Ser. "cs Sl � rNaz4 E m t ENTER kLmh i v 00 1 � . 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Mpullon Rd.._.Od dd Cwnry Wy DB _ MCNan Pd ° O♦ ° 0 a acy 9v ry y Mpunlnn Ter._G6 Olsen ., ... ..'D6 n ran m m n O ° J' ♦¢ aPn a r a •- ConM.Ilpm p9.16B Mt Pleasant Of C6 Orchard 5t......D7 e C .d.' s e°� 4 y e ...._ Margin Cl D9 MI Vernon 9 _.E9 ONUN T ..G6 9 °°° Me St ..D9 Mulpar,0 ....03 Ozeo a 51 ...E3 09, M urmu Peadodj Ma TB C9 Mu me Ct(On Osno T _..08 V 8 r hn1 d rmmmmew m N cres a r ° Reds Menpn Rd ...A2 8 Mu roa Sp.EB Oulloek A ...G6 5! enw P+ 010 Rtl Cir LG Pond O Market St..._....A2 Munroe 51_ .._E8 OVerhe Av ...H6 Marme Ter....._E7 Murdock Or....G] Packard Rd.....C2 °e renal m w Lmtlen Rd / Manm Or.._....Be MurtaY 51.._.....B3 P09e 51_....._.C6 N p Bonn in Lon mew Matheism AV._F7 Myles Rd..._....G7 PBIe°Ingos St •vha Mary Rwe Wy B6 Nancy AV....._D5 _......-._..._.E9 South / Mary la a.__Bt Nell°ns Wy.._F5 Palmer Av......EB Peabody eSCN / 1 Wa12r Mason 51_..._._EB N°umkeag Rtl..Bt Park AV-- E7 ❑ May 51..............F7 Nelson Rd.......Dg Pere St..._.......E8 Tr OY$) Sunzel Mayfair Rtl_....F6 Newduq 51.....De PeAwew Le.,-DB D McInnes Ci fon Newcastle Rd.D9 Persons 51.. ..E8 r 76 W., Sp.EB Newhall PI........F6 send.Rd.......B2 \ P C 1Po Rd oe yr / eOPggE c McNinl°y Rd(C3 Nereame r Rd.C2 Paulii°Ter.......82 n +}s} d - m MC cer,Sit Rd lore Newlon(O ....._C6 Peel de...._......C5 —" flp ReE °\ °`nen`°� e fl 9 ' m /SALEM Bow St........c2 Nicnomeonto ReadoSt Re.... F5 d 9 �°' e eo.• Yas % o�a 'Pr eN e z Meade 51_...._.03 Summer SD._EB Penn 51.........:_FS (page 186 ^ �' - MelotlY Rd.......09 Nichols Le.......02 Penn Rd...._.....Bt ( 9 t o o P Meredith Rd.._C2 comma Rd......cA Penny.Rd. c3 01......F6 Nicken Rd..D9 PredictRd..._...Bt Mmelte rso Pe ,,,,,_....F8 Nohle V..........DPanama SI EB Milk 51. ........ P s sA i e yp yy0. 1e O Cod !Y K fol ' ♦ le . �, l�J 5M � �f• �. y wV1+° � 1.i•Y11•t 1/ )rl�r � � �: - Y- T t - - Foran 2 DEOE File No. )To be provided by DEOE) i Commonwealth City/Town SALEM ;I 1 of Massachusetts FURNARI I-J Applioanl Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From SALEM CONSERVATION COMMISSION Issuing Authority JOSEPH & IDA FURNARI SAME To (Name of person making request) (Name of property owner) Address 127 Marlhorongh Rnnd Address SAMR This determination is issued and delivered as follows:. ❑ by hand delivery to person making request on (date) )7 by certified mail,return receipt requested on JULY 15, 1988 (date) COMMISSION Pursuant to the authority of G.L. c. 131, §40, the 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. ❑ The work described below,which includes aftart 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. There- fore, said work requires the filing of a Notice of Intent. 2.1 Effective 11/1/87 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. T] 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 Signature This Determination must be signed by a majority of the Conservation Commission. On this 15th day of Jul y 19 88 , before me personally appeared the above named to me known to be the perscn 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 Determination does not relieve the applicant from complying with all other applicable federal.stale or local statutes,ordinances, by-laws or regulations.This Determination shall be valid for three years form 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 of town in which such land is located,are hereby notified of their right to request the Department of Environmental Duality Engineering to issue a Superseding Determination of Applicability,providing the request is made by certified mail a 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 mail or hand delivery to the Conservation Commission and the applicant. 2-2A Foran 2 ,�. DEQE File No. (To be provided by DEQE) n(� Commonwealth City/Town SALEM i, of Massachusetts FURNARI IJ Applicant Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 From SALEM CONSERVATION COMMISSION Issuing Authority JOSEPH & IDA FURNARI SAME To (Name of person making request) (Name of property owner) Address 127 Marlborough Rnnd Address RAMF This determination is issued and delivered as follows:. ❑ by hand delivery to person making request on (date) X] by certified mail, return receipt requested on JULY 15, 1988 (date) Pursuant to the authority of G.L.c. 131, §40, the COMMISSION 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. ❑ 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.There- fore, said work requires the filing of a Notice of Intent. 2.1 Effective 11/1/87 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. %E] 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 Signature s) 1 G d � J This Determination must be signed by a majority of the Conservation Commission. On this 15th day of .1111 y 19 SS , before me personally appeared the above named , to me known to be the persco described in,and who executed, the foregoing instrument,and acknowledged that he/she executed the.same as his/her free act and deed. i Notary Public My commission expires This Determination does not relieve the applicant from complying with all other applicable federal.state or local statutes,ordinances. by-laws or regulations.This Determination shall be valid for three yeas form 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 or town 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 mail or hand delivery to the Conservation Commission and the applicant. 2.2A CUt4 2" z , y Salem. Massachusetts 01970 F�!41ASS^C��_ CITY OF SALEM CONSERVATION COMMISSION At a regularly scheduled meeting of the Salem Conservation Commission to be held on Thursday , July 14, 1988, at 7 : 30 p.m. , One Salem Green, second floor conference room, a Determination of the Significance of the Wetlands Protection Act. ; Mass G.L. Chap. 131 , Section 40, will be made on a proposal to construct a single fam, lhh000meeb. �J t 127 Marlborough Road . O ZCLiG� hI Moran Chairman sf145 J .JI{ 7, 14$Ff This notice posted on "Official Bulletin Board" City all Ave . , Sal in accordance itifchap•/6 6b at . of the Aots Of 1958. <J� �� Form 1 0EOE Flee No. a (To be orowaea by OEOEI Commonwealth City/Town SALEM " of Massachusetts Applicant Joseph Furnari Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 1319 §40 1. I, the undersigned, hereby request that the 6a 1 em 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, §40. 2. The area is described as follows. (Use maps or plans. if necessary, to provide a description and the location of the area subject to this request) See Lot No. 2 on plan attached hereto and marked -A- -f f 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) Our son Anthony J . plans to build a three bedroom single family home fop-his wife and family as proposed on plan -A- attached hereto with grading and landscaping. 1.1 Effective 11/1/87 4. The owner(s)of the area, if not the person making this request, has been given written notification of this request on (date) The name(s)and address(es)of the owner(s): see below 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Quality Engineering on July 6, 1988 (date) Metro Boston/Northeast Southeast 38 Commerce Way Lakeville Hospital Woburn, MA 01801 Lakeville, MA 02346 Central Western 158 Grove Street State House West 4th Floor Worcester, MA 01605 436 Dwight Street Springfield, MA 01103 6. I_URCI nd that notification of this request will be placed in a local newspaper at my expense in accor- bil dance wit Section .10. 5(3)(b) 1 of the regulations by the Conservation Commission and that I will be led acco di�gly. C//l Joseph A. Furnari S' natur Name Ida A. Furnari UddrssI27 Marlborough Road, Salem Tel. 745-6660 1.2 CARTER & TOWERS ENGINEERING CORP. /n Joseph D.Carter 5T.¢o/ F wNTEj7 II�poK ✓�j V � Prolessonal Engineer------------ ' - —�— 6 FAIRVIEW AVENUE Registered Land Surveyor "� L oT l SWAMPSCOTT. MASS. 01907 Tel. 592-6386 96. 79f PROPOSED CONSTRUCTION -PLOT PLAN MARLBOROUGH ROAD, SALEM MASS. PREPARED FOR: JOSEPH FURNARI SCALE: 1 " = 30 ' ~ _ DATE: JUNE 23, 1988 00�. � LO T 2 IS-006-:t SF LoT 1 70 10770 1 ®` -\ cj 6�---- 7S 7S V n m Z No. 7 it Ao C fJ'y�AFLISTLRE� rz 0Hd1 LAIW� All r 8.19 ?IPoP oscO - Dc.iELUN(r �--_ Z� X4Z b MA RL BOROU�N ROAD CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING G- rsS/8 i i�+ r• l Form 1 OEQE File No. (To be crowded by DEQEI City/Town Commonwealth of Massachusetts AppUcant �X Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 1319 §40 1. I, the undersigned, hereby request that the S 1 em 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, §40. 2. The area is described as follows.(Use maps or plans, if necessary,to provide a description and the location of the area subject to this request) See Lot No. 2 on plan attached hereto and marked -A- 3. The work in said area is described below. (Use additional paper, if necessary, to describe the proposed work.) Our son Anthony J. plans to build a three bedroom single family home foehis wife and family as proposed on plan -A- attached hereto with grading and landscaping. 1-1 Effective 11/1/87 t -z 4. The owner(s)of the area, if not the person making this request, has been given written notification of this request on (date) The name(s)and address(es)of the owner(s): see below 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Quality Engineering on (date) Metro Boston/Northeast Southeast 38 Commerce Way Lakeville Hospital Woburn, MA 01801 Lakeville, MA 02346 Central Western 15B Grove Street State House West, 4th Floor Worcester, MA 01605 436 Dwight Street Springfield, MA 01103 6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor- d ce ith Section 10.05(3)(b) 1 of the regulations by the Conservation Commission and that I will be filled a cording) Joseph A. Furnari Sig ure� Name Ida A. Furnari ress1 27 Marlborough Road, Salem Tel, 745-6660 1.2 �t CARTER & TOWERS ENGINEERING CORP. Joseph 0.Carter s TR oN F w.v 77,5W77,5WIIR0oK aroless,onal Engineer_—�`— " ' '�� 6 FAIRVIEW AVENUE Regrsrered Land Surveyor 6,, L OT / SWAMPSCOTT, MASS. 01907 ----do--_ Tel. 592-8386 96-. 79( - PROPOSED CONSTRUCTION PLOT PLAN MARLBOROUGH ROAD, SALEM MASS. PREPARED FOR: JOSEPH FURNARI SCALE: 1 " = 30 ' DATE: JUNE 23 , 1988 LOT 2 /SODS 3 SF t_o T 1 70 407 I O o p \ m-- 7s 7S t` m a/q, CaRPo2T r2 t`P No. 7 4r o t' s�AfCISTE z ONNL I LIM ti - -r�IPoposFo 2g x92' �y� L 4FLEV It • b M A RL BOROU�N ROAD CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING N S: ASSESSORS- 1) PROPERTY LINES SHOWN HEREON HA VE BEEN MAP 9, LOT 270 L OCUS s4�F y COMPILED FROM PLAN BOOK 282, PLAN 1 AND A PARTIAL FIELD SURVEY. STONE WALLSZONING' sr oN6 WATER AS SHOWN ON SAID PLAN ARE NOT SHOWN AN ,\ BROOK HERON 2) THISEPLANIS A REDIVISION OF LOT I AS AN BOCK Zg2 P� RC - RESIIDENTIIAL CONSERVATION o�AL NE FAMIL YJ� Q 14, pJ� ROAo SHOWN ON PLAN BOOK 282, PLAN 1. oM R� P J� W IAN f R PF p 4P AVE 3) STA TUS OF AREA OF ADVERSE POSSESSION e v 2 MERID REFERENCES: CLAIM IS UNKNOWN. THIS PLAN IS NOT m ? LEVIE W INTENDED TO ADDRESS THIS CLAIMDEED BOOK 5262, PAGE 573 AVE PLAN BOOK 242, PLAN 71 DiB/ASE SALEM REALTY TRUST PLAN BOOK 282, PLAN 1 ELIO D181ASE & UGO DiB/ASE, TRUSTEES LOCUS MAP SCALE- 1- = 1000' N 1 B 56"13'" E 1125.86' - o10, � AREA CLA/MED h LABELED AS '• AD BY P f?NAR/ ------------ ON __ - ��of n ._. AREA OF ISE OBSESS/ON CLA/M" �? �K BRA ON °LAN RECORDED /N PLA _... �\APo ~5917 E AREA=2. TO ' BOOK 242, PLAN 77 /Vo Lola)�J 65&-zvt-7 Z \. Cr/h1pTF NOT/NCLUDEO /N T Acres S %L�"i3L r1' 7 J ��_�c 0CAT10AI lYq/E�, OTAL AREA) APPROX/MAT ---_.. O__ 100K� `., 4 E ZON 662246" ��,. y Z F n DiB/ASE CORPORA 770N E L/NE 21.00'.-_ `Sr190/1NG �� , - - i LI MITo% dB5G�2✓� 1 j� 6e-lor /q97 122.00' 9 74 0654 E L3 * A MATE LOCARON / i 131 ;4 ' s oc �I7�rzs� vYc LOCATION 3� _ �F J- S 270644" 211.6 O ARM ROAD l( O Iii 7>4. L OCA TIN OF ONG WA TER 90' O 3 BROOKOB FAR ROADS SHOWN '25'" 9pXTiy/4 -A �/R rX�� CO - HEREON WERE CALEO FROM IR % c T ANTHONY J. dr R d �K 777111 I• lyp , �� PLAN BOOK 2 PLAN 1. o I KARL YNE L. Ih o N FURNARI l �` s£o a - BRO <p (PLAN BOOK 242, MAR/ANNE B. & PLAN 71)LOT 2 h� I ih rn �' gn,� • �� JOSEPH A. FURNARI, 11 PROPOSED Nw000 0 SHED 3S PEP CSE ' Suf�25e*D/N�� RY PLAN BOOK 282, PLAN 11 •�ACCESS EASEMENT ; 14.4 � �i OrP.Utr '� � h � � LOT 3 l/ (SEE DETAIL 'A ) �� • � ,�'OR. C �7- X000 1004 C Y� Nr A v o o^ o° 556,9' �sss, / / q/ NE F _- --- - HAROLD H. & D=047123" cAR LOT 4, 6 44'" - s¢ U SF Y tii/ k' �' '^ PAULA J. ROBERTS L=23.40(CALC.) 1 b PORT AREA=3f540t SF. N g8' F h Z L=24.00(REC.) I i E1� ---- « 100 00' » o 0 2 srxC 94� FROoo R MAIN//V AND �'f A �.0 76 ooYREc *D( FRAME 1e. / ' o �N� a/ A/N L� ;' '✓ SEPH A. & l A A. FURNA R=320.00' 76.60(CAL C� # /NC E , 0 /N 011MO j0� I AREA =6. 2 Acres �� s 22',94'/4" W Ir x/27 0 / ` (h 1 o Tf//S PLq y S 2706 44" W 20 .00 p ,b o O I T INCLUDING A OF AD VERSE • I SHOWN00N T/ON 0C0TR96CTS THE- } ! C o WOOD FENCE ' I 4'C,f05 SESSIO CLAIM) v �0 3 L GT' ` O= I /'LAN BOOK p42 PLAN 7 617. R�EIto yC 42369' 147.Og, 47' » �O g l}✓�Cf�= 2 (/ 0 -tAF �1 21 pp t S.F. ESCUTCHEON P 1 S �Qi I -� O h /N /N 'i � i D ,m o STONEAD PLUG /N I e L 7- S i BOUND (FD) MAR�BOROUGy lSc,, �� E i o N 2254'14" B k w-557 a2 6Tz Ll v o r • '� t� I 71 1 #rar J f�eAc Zd�SFt �, �1 T1 0 I3 V m giY0�7 3 100 -4- so ao Sp 67X/S77AJC DRILL HO E GucvwT_ IN S70N&_ UND k, s 22 cad 4- I CERTIFY THAT THIS PLA CONFORMS TO p lb N/ � THE RULES AND REGUL TIONS OF THE (b1 f O REGISTERS OF DEEDS. F1�1�C lixi 5 �r�4S ; 0"r loo + 12 c) % PRCPOSED S t-t�l - ter 5 (cALC) ACCESS EA 1 SEM f /7 Cir IL 'A ' S � L�T- LrNc�S (1ot � ASU DATE 7 PRO0NAL LA SURVEYOR SCALE. 1"=20" 00R. 80, �UM. ( _n S / ' PLAN OF LAND , OR REGISTRY USE XAPROVAL UNDER TN SUBD/VIS/ON }}off ho°I cq �' t= JoSrPH AN'H"►� (DAA • /ZNA(LI CONTROL LAW NO REOU/RED. l� iIN it PORT S i►v 0, c f�Tc� , Com— S � i X SALEM PL NN/NG BOARD 120(CAL 4Zc.c GOR 12 / 0 2 I tilers �„ SALEM, MA ) A�cr� FG2 I GONG 2 C 1369' S C� 3 . JOSEPH A , & IDA A . FURNARI � - 9.94' \ SCALE: 1 = 40 ' JULY 15, 1997 S 735137" S 2837" H ({e f C�-1�51��—� - 0 20 40 80 160 NSAHANCOCK SURVEY ASSOCIATES. INC. 235 NEWBURY STREET, DANVERS, MASSACHUSETTS 01923 DA TE.' ,7�j7 (508) 777 - 3050 CHECKED BY. v 63�d