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45 MEMORIAL DRIVE - CONSERVATION COMMISSION (3) A45 (heJ ,,6" p N vA- R4r>W. Y�wx- I•�R.9Ji�c-tts.y / J Massachusetts Department of Environd",,ntat Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability ¢., Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From:- forms on the Salem computer,use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Bradford Smith Same return key. Name - Name Memorial Drive Ma Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code Cityrrown State Zip Code 1. Title and Date of Final Plans and Other Documents: Conservation Plan 45 Memorial Drive Salem, MA for Brad Smith 7/17/2003 Sheet 1 of 1 - Final Date(or Revised Date if applicable) Title 2. Date Request Filed: July 17, 2003 B. Determination Pursuant to the authority of M.G.L. c. 131, §40,the Conservation Commission considered your Request for Determination of Applicability,with its supporting documentation,and made the following Determination. Project Description (if applicable): Construction of an approximately 225 sq. ft. addition to the rear of the existing dwelling and a 96 sq. ft. addition to the front at 45 Memorial Drive. In addition, an approximately 150 sq. ft. deck addition will be added to the existing rear decking. Project Location: 45 Memorial Drive Salem Street Address City/Town Map 42 Lot 0007 Assessors Map/Plat Number Parcel/Lot Number WPA F.v 2 Page 1 of 5 Rev.02/00. Massachusetts Department of Environmental Protection Ulf 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 the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) 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. ❑ 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 WPA Form 2 Page 2 of 5 Rev.02/00 T Massachusetts Department of Environmental Protection Uf Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Rivertront 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). 1. All stockpiled material shall be removed off site. 2. Excavation machinery (bobcat act..) shall be parked outside the 100-foot Bufer Zone at the end of each work day. 3. The Conservation Commission shall be notified 48 hour prior to the commencement of work. ❑ 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. WPA Form2 - Page 3 of Rev.0900 Massachusetts Department of Environmental Protection FVBureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: 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: ❑ by hand delivery.on 1K by certified mail, return receipt requested on 7�21I� 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 Appendix A) and the property owner(if different from the applicant). Signatures:/ / Date WPA Forth 2 Page 4 of 5 Rev.01/00 r Y 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 Appendix A)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 Appendix E: 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 deliveryto the Conservation Commission and to the applicant pp cant 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. WPA Form 2 Page 5 of 5 Rev.02/00 U.S.' Postal Service.. CERTIFIED MAIL,. RECEIPT (Domgstic Mail Only;No Insurance Coverage Provided). For delivery information visit our website at www.usps.cotn®'. OFFICIAL USE Poslage ru C3 certified Fee C3 Return Redept Fee r3 (EndorsementRaquired) r3 Restricted Delivery Fee � f t i PS Form 3800,June 2002 See Reverse for Instructions Certified Mail Provides: asst-w-zosaszof ■ A mailing receipt (—ad)sopa aunr'ooee mod ad ■ Aunique Identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mail,or 13rlodty Mails, ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt mar be requested to provide proof of delivery.To obtain Return Receipt servos,please complete antl attach a Retum Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse maiipiece Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS,postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement`RestrictedDefivery°. ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt andpresent it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. III oU.S. Postal Servim,, CERTIFIED MAIL. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.cornff rmu -,OF ICIAL USE Postage $ Confuted Fee (Endomement Required) Hem C3 R e'v Fee ru Total Postage&Fees $ ru VIM PS Form 3800,June 2002 See Reverse for Instructions Certified Mail Provides: East-N-ao-saszot ■ A mailing receipt faereney)anot eunr'gpBE uuod ed ■ A unique Identifier for your mailpleos ■ A record of delivery kept by the Postal Service for two years _ Important Reminders: ■ Certified Mall may ONLY be combined with First-Class Maile or Piiority Meile. ■ Certified Mail is not available for any class of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mall. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt mar be requested to Drovide proof of delivery.To obtain Return Receipt semen,passe complete and attach a Return Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailpiece Return Receipt Requested".To receive a fee waiver for a duplicate return receipt.a USPS,postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement'ResMcted Delivery'. ■ If a postmark on the Certified Mail receipt is desired,ulease present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt Is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt andpresent it when making an Inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. \ON CpM Nz Conservation Commission Salem, Massachusetts 01970 ASSAG�S City of Salem Conservation Commission Will hold a public hearing for a Request for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of Bradford Smith, 45 Memorial Drive, Salem, MA 01970. The purpose of the hearing is for a determination of work related to the construction of an approximately 225 sq. ft. addition to the rear of the existing dwelling and a 96 sq. ft. addition to the front at 45 Memorial Drive. In addition, an approximately 150 sq. ft. deck addition will be added to the existing rear decking. This hearing will be held on Thursday, July 24, 2003 at 6:00 p.m. in the Third Floor, Room 313 at 120 Washington Street. Kevin Cornacchio Chairperson July 17, 2003 Please send bill to: Bradford Smith 45 Memorial Drive Salem, MA 01970 978-744-6268 Request For Determination of Applicability Prepared By: Bradford Smith, Homeowner Date: 17 July 2003 f� Request for Determination of Applicability, 45 Memorial Drive, Salem, Map 42, Lot 0007 17Ju103 • Table of Contents : Title Page# Attachment 1 , RDA Application... ... ... ... ... ..... ... ... ... 4-5 Attachment 2, Proposed Site Plan... ... ... ..... ... ... ..... 6-7 Attachment 3, Licenses and Permits... ... ... ... ... ... .... 8-10 r - Request for Determination of Applicability, 45 Memorial Drive, Salem, Map 42, Lot 0007 17Ju103 • Attachment 1 : Request for Determination of Applicability (Application) Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways BRP WW 04 Request for Determination of Transmittal Number Applicability Request for Determination of Applicability I, the undersigned, hereby request that the Department of Environmental Protection make a determination as to whether MGL Chapter 91, the Public Waterfront Act, and the regulations Important: implementing that Act, 310 CMR 9.00, presently apply to the area of land, water, or activity thereon When filling described below. out forms on the computer, use only the 1. Applicant: tab key to Bradford Smith move your Name cursor-do 45 Memorial Drive not use the Mailing Address return key. Salem Essex MA 01970 Q Cityliown County State Zip Code 781-721-3528 Day Telephone# 2. Property Information (all information must be provided): Same Owner Name(if different from applicant) Map 42 Lot 0007 Book 14318 Pg 200 • Tax Assessors Map and Parcel Numbers 45 Memorial Drive Salem Location(street address) City/rown Essex 01970 W 70'52.8" N 42'31.8" County Zip Code Longitude Latitude 3. Name of the water body: Collins Cove 4. Summary of the Project/Activity: Construct additions onto existing structure 5. Detailed description of existing and/or proposed fill, structure, dredging or uses(s) (attach additional paper, if necessary and see#6 for plan requirements): See attachments J • ww04 Page 1 of 2 Rev.08/15/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Waterways BRP WIN 04 Request for Determination of Transmittal Number Applicability Request for Determination of Applicability Cont. 6. Attached is a plan or plans showing: a. an appropriately scaled site location map; b. references to any previous Chapter 91 licenses, permits or other authorizations for existing structures, fill, or dredging at the site, including the license number(s) and the date(s) the license(s)was recorded at the Registry of Deed or Land Court; c. appropriately scaled principal dimensions and elevations of proposed and existing fill, structures, or dredging in waterways; d. any historic dredging, filling, or impoundment at the site; and e. a delineation of the present high and low water marks, and the historic high and low water marks. Please note the source information for all items provided in Section 6. 7. At the same time that this request was submitted to the Department of Environmental Protection, I submitted copies of it to all persons identified in 310 CMR 9.13(1)(a), and have attached their names and addresses to this form. 8. 1 understand that the Department of Environmental Protection may, at its discretion, require that a public hearing be held and that a newspaper notice be published at my expense regarding this request. • 9. 1 understand that any person may submit written comments to the Department of Environmental Protection on this request within twenty-one(21) days of the date the request is received by the Department or the newspaper notification date, if applicable. I hereby certify under the pains and penalties of perjury that the foregoing statements, information and accompanying material are true and complete to the best of my knowledge. Applicant's signature Bradford B. Smith Applicant's Name ww04 Page 2 of 2 Rev.08115/00 Request for Determination of Applicability, 45 Memorial Drive, Salem, Map 42, Lot 0007 17Ju103 • Attachment 2: Proposed Footprint Detailing: • Scaled site location plot plan with proposed addition Note: Historic shoreline is represented by rear 30' setback from MHW. • Distance from setback to MHW was filled at the request of Salem mayor Joseph Harrington circa 1950, using excess ledge produced during construction of Salem power plant to create a barrier for protection of Veterans homes. Request for Determination of Applicability, 45 Memorial Drive, Salem, Map 42, Lot 0007 17Ju103 • Attachment 3: Current Licenses and Permits • Massachusetts Chapter 91 License, recorded Essex Registry of Deeds 26Jun02, # 9347. Attachment additionally details current structures and MLW. Request for Determination of Applicability, 45 Memorial Drive, Salem, Map 42, Lot 0007 • 17Ju103 1001I111'fi09086V61illiI� l�l PIill 06/25/2002 0021:00 OTHER 19 1/s c�l�e TommmWea tb of Anosathua is No. 9347 3111 f Mgg, Brad Smith • of–Salem--,in the County of--Essex–and Commonwealth aforesaid,has applied to the Department of Environmental Protection for license to–maintain an existing landing, ramp and floats and to place and maintain piles ----------------- -- – — -- and has submitted plans of the same;and whereas due notice of said application has been given,as required by law,to the–Mayor and City Council–of the–City--of Salem;- NOW, said Department, having heard all parties desiring to be heard, and having fully considered said application,hereby authorizes and licenses the said _ --Brad Smith--, subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto,to–maintain an existing landing, ramp and floats and to place and maintain piles ------------------------------------- • in and over the waters of–Collins Cove--in the-- City--of-- Salem-- and in accordance with the locations shown and details indicated on the accompanying DEP Sketch Plan No. 9347 Q Sheet). Request for Determination of Applicability, 45 Memorial Drive, Salem, Map 42, Lot 0007 17Ju103 Massachusetts Department of Environmental Protection Bureau of Resource Protection- Waterways BRP WW 06 Simplified Waterways License fransmift Number General Waterways Application LICENSE NO. 93M7 [Approved by Department of Environmental Protection pate: o Coit- 6 N16' q, • A 4Se . ao J �r ro tql/.. - .•I � - MF4w� 3cA ..� MIvNr - urpose:'StrTUSed Licensing Plan acoompanying the petition of 3roject Descripflon: ahan anent Property Owners: In _ 1 A- Sa 4A unty or_State MA 2 (3- ptkation by 16heet_or_Date WW06 ' ' ' ��� Pat1e50f5 Rm 06100 . J�q�w V is �� Cp�F Off' SEE', - r' sJ s�T Usti S g7 y'•ekrl w 3 LLEN g.� �`° OP�Pa ar ��fr FORT lORy S sp H C0/Bek 4U E P of `. IOJi �P c s. FOR r\4 COLLINS COVE LOCUS MAP PARCEL\ HIGy W -H 6,962 S F.�R �MARK zn n 10" PINE w IN/No 10" PINE r W�DD K 44't v ml ACK UN --,WLi 10 � 10" PINE �� It 7'b ZONING: 10" PINE 21i R-1 'RR I I SED PROP. MIN LOT AREA 15,000 S.F D ITIO . EXIST. 10 PINE ! DDITION DECK GARAGE MIN LOT WIDTH: 100 FT w g 3' MIN FRONT SETBACK: 15 FT MIN REAR SETBACK: 30 FT. to <t 0 I 2 4' MIN. SIDE SETBACK 10 FT. EXISTING N DWELLING 117.8' I o REFERENCES #45/ I ASSESSORS MAP 42 COUNTY LAYOUT-128-3 MEMORIAL DRIVE Z�NEBU FeR HADD j� I 3 PLAN-REGISTRY OF DEEDS, HOUSE LOT I DEVELOPMENT- BOOK 77, PLAN 10 1945/48 00 \` Ire E BACK LIN J i N I _ DEED - BK 14518, PG 200 p �N _ Z DEED - BK 13443 PG 503 _ , cDa- wv 1 I � a MEMORIAL DRIVE REVISED 7-18-03 CONSERVATION PLAN 45 MEMORIAL DRIVE -A of p SALEM, MA eFuce �, FOR EATON BRAD SMITH GRAPHIC SCALE No. 7384 20 ° 10 20 '° °° - � CEC LAND SURVEYORS INC . 7 WINTER STREET SUITE 3 PEABODY, ,MA 01960 (978)531 - 1191 ( IN FEET ) SHEET NO: 1 OF 1 DATE 7/17/2003 JOB NO: 1577 1 inch = 20 fL DRAWN BY: L.J.B./W.R.D.