45 MEMORIAL DRIVE - CONSERVATION COMMISSION �1S Ae,osreA/ Div — RM
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CITY OF SALEM
9 ;M,Ns CONSERVATION COMMISSION
June 25,2010
Brad Smith
45 Memorial Drive
Salem, Massachusetts 01970
Re: Determination ofAppbcabibq-45MemortalDnve—Salem, Massachusetts
Dear Mr. Smith:
Enclosed, please find the Determination of Applicability for the above referenced project.
Following the 10-day appeal period you may proceed with your project. All the work approved
in this Determination must be completed within three years from the date of issuance.
If you have any further questions, please feel free to contact me at 978-619-5685.
Sincerely,
VkTao ma
Planner/Harbor Coordinator
Interim Conservation Agent
Cc: DEP Northeast Regional Office
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PS Folin 3811,February 2004 Domestic Return Recelpt 10259502-M-1540
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PS Form 3800,August 2006(Reverse)PSN 7530-02-000-9047
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Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out From:
forms on the Salem
computer, use Conservation Commission
only the tab
key to move To: Applicant Pro Owner Idifferent from applicant):
your cursor- f( PP )
do not use the Brad Smith
return key. Name , Name
45 Memorial Drive
i0 Mailing Address Mailing Address
Salem MA 01970
City/Town State Zip Code City/TownState Zip Code
1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents:
Proposed Work Diagrams(Attachment 5) June 11, 2010
Title Date
Title Date
Tie Date
2. Date Request Filed:
June 14, 2010
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):
Stabilize landward most concrete footing of an existing dock landing, Excavation of stones and riprap
around and under footing will done by hand. The void will be backfilled with concrete. Concrete will be
wheelbarrowed by hand and a shute will be used to feed the hole. The removed stones and riprap
will be replaced infront of the concrete footing by hand.
Project Location:
45 Memorial Drive Salem
Street Address City/Town
Map 42 Lot 0007
Assessors Map/Plat Number Parcel/Lot Number
"aftrildm•Determination d Applicability•rev.100600
Pepe 1 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
1 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands
Protection Act and regulations:
Positive Determination
Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of
Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)or Order of
Resource Area Delineation(issued following submittal of Simplified Review ANRAD) has been received
from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection).
❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act.
Removing,filling,dredging, or altering of the area requires the filing of a Notice of Intent.
❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are
confirmed as accurate. Therefore,the resource area boundaries confirmed in this Determination are
binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding
such boundaries for as long as this Determination is valid.
❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination,
regardless of whether such boundaries are contained on the plans attached to this Determination or
to the Request for Determination.
❑ 3. The work described on referenced plan(s)and document(s) is within an area subject to
protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work
requires the filing of a Notice of Intent.
❑ 4. The work described on referenced plan(s) and document(s) is within the Buffer Zone and will
alter an Area subject to protection under the Act. Therefore, said work requires the filing of a
Notice of Intent or ANRAD Simplified Review(if work is limited to the Buffer Zone).
❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review
and approval by:
Name of Municipality
Pursuant to the following municipal wetland ordinance or bylaw:
Name Ordinance or Bylaw Citation
wCe(am2.dm•Delerteine d MWkzt.My•m.10000 Pegs 2 or 5
Massachusetts Department of Environmental Protection
— Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not
subject to the Massachusetts Wetlands Protection Act:
❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s)
and document(s), which includes all or part of the work described in the Request, the applicant
must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more
information about the scope of alternatives requirements):
❑ Alternatives limited to the lot on which the project is located.
❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any
adjacent lots formerly or presently owned by the same owner.
❑ Alternatives limited to the original parcel on which the project is located, the subdivided
parcels, any adjacent parcels, and any other land which can reasonably be obtained within
the municipality.
❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate
region of the state.
Negative Determination
Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the
Department is requested,to issue a Superseding Determination of Applicability, work may not proceed
on this project unless the Department fails to act on such request within 35 days of the date the
request is post-marked for certified mail or hand delivered to the Department. Work may then proceed
at the owner's risk only upon notice to the Department and to the Conservation Commission.
Requirements for requests for Superseding Determinations are listed at the end of this document.
❑ 1. The area described in the Request is not an area subject to protection under the Act or the
Buffer Zone.
® 2. The work described in the Request is within an area subject to protection under the Act, but will
not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a
Notice of Intent.
❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but
will not alter an Area subject to protection under the Act. Therefore, said work does not require
the filing of a Notice of Intent, subject to the following conditions (if any).
❑ 4. The work described in the Request is not within an Area subject to protection under the Act
(including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent,
unless and until said work alters an Area subject to protection under the Act.
vvpaform2 Goc•Determination of Applicability•rev.1D/&04 Page 3 of 5
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
B. Determination (cont.)
❑ 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 Aolrvdy(site applxwble statuatory/regulatory provisions)
❑ 6. The area and/or work described in the Request is not subject to review and approval b :
q 1 PP Y
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 ® by certified mail, return receipt requested on
July 9, 2010
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 Dete enation mus be signed by a majority of the Conservation Commission. A copy must be sent
to the appr nate DEP egional Office (see http://www.mass.gov/del)/about/region.findyour.htm) and the
property ow r(if diffe ent from the applicant).
Signa es:
June 24, 2010
Date
wpexorm2.duc•Dete ina c/Applicability•rev.1016/01
Page 4 of 5
r
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-findvour.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 Acton 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.
uPIW.2 d=•DeMertnlnallon d Applic O Ky•rev.1MIN Page 5&5
v���oxwrrA�
T r Tq CITY OF SALEM
CONSERVATION COMMISSION
Determination of Applicability
45 Memorial Drive
Special Conditions
1) No machinary shall be used, all work approved must be done by hand.
2) The riprap material that is removed to stablize the concrete footing shall be restored in
kind.
`3� CITY OF SALEM
7111 CONSERVATION COMMISSION
City of Salem
Conservation Commission
Will hold a public hearing for a Request for 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 Brad Smith, 45 Memorial Drive,
Salem, MA 01970. The purpose of the hearing is to discuss the stabilization of the landward
most footing of an existing dock landing located within a Buffer Zone to a Coastal Bank at 45
Memorial Drive. This hearing will be held on Thursday,June 24,2010 at 6:00 pm in Room
313, City Hall Annex, 120 Washington Street.
dA Pa4bich, P.E�.
Chairman
Please advertisement on:
June 17, 2010
Please send bill to:
Brad Smith
45 Memorial Drive
Salem,Massachusetts 01970
978-744-6268
City of Salem Department of Planning & Community Development
Check/Cash Receipt and Tracking Form
Please complete lbrm and make two copies.
Date Received (� /�? 201 o
Amount Received $2s .w
Form of Payment Check F� Cash
CHECK PAYMENTS: Z� 2
write check number 7
CASH PAYMENTS:
write client initials
O Sign Permit Application Fee
Conservation Commission Fee
Payment received for a panning Board Fee
what service?
0 Old Town Hall Rental Fee
0 Other
Name of staff person
receiving paymenti��n�L Tai-wwuZ
Additional Notes
- 5-7515-110 - 2024
O BRADFORD B. SMITH
O._
SALEM,45 MEMORIAL VE10
MA 019 O ; \,TUn. 20 -
heto
order of
SOVEREIGN BANK
SOVEREIGNSANICCONI
For R - M j
1:0'L LO75 LS01:, 60,70003E 2090 20-24
Original Check and Form: DPCD Finance
Copy 1: Client
Copy 2: Application File
Page 1 of 1
Frank Taormina
From: triton5226@comcast.net
Sent: Thursday, June 10, 2010 4:02 PM
To: Frank Taormina
Subject: landing footing
Attachments: landing 1.jpg; landing 2.jpg; landing 3.jpg; landing 4.jpg; landing 5.jpg; outflow 1.jpg
Frank-
Thanks for your help with this.
I've attached some pictures of the area I cleaned out under the right leg of my landing. My plan is to dig out
by hand to clear access to the large bolders there. Clean and powerwash bolders to remove any grime.
Build a rounded front form out of ply (water side) and pour/vibrate with 4500 rated fibermesh concrete to fill
void, ensuring good penetration in/around boulders to firmly anchor. Concrete will be wheelbarrowed by
hand to a shute feeding the hole.
Former footing area was just constructed of loose hand stacked riprap covered in concrete. A hit by a boat
a .year or so ago nudged the stone loose. Once it started to move the whole thing came apart. I need to fix
this as soon as reasonably possible. It will take a bit just to get ready for the pour.
Thanks again for your help. I'll call to confirm you get the files OK. Give me a shout if you have any
questions-
Contact info:
Brad Smith
4 Drive
5 Memorial ri I e o a e
978-744-6268
Triton 5226C�comcast.net
P.S. Also included an adjacent picture of a storm drain outflow (not a part of my property) which came apart
during the last big storm, not sure if the city was aware. The loose pipe is likely to let go and roll into the
tidal zone (and possibly my docks, though I'm currently much more concerned with my footing).
.S
6/10/2010
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RECEIVED
JUN 17 2010
DEPT. OF PLANNING&
COMMUNITY DEVELOPMENT
Request for Determination of Applicability
Subject: Repair work to existing licensed landing structure
located at 45 Memorial Drive, Salem, MA.
Submitted by: Brad Smith, Homeowner
Date: 14Jun2010
•
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Salem, MA
/
• IJi`\ WPA Form 1 - Request for Determination of Applicability Cityrrown
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out 1. Applicant:
forms on the Brad Smith triton5226@comcast.net
computer, use Name E-Mail Address
only the tab key
to move your 45 Memorial Drive
cursor-do not Mailing Address
use the return Salem MA 01970
key. City/Town State Zip Code
978-74N/A
Phone Number
Fax Number(if applicable)
2. Representative (if any):
N/A
Finn
Contact Name E-Mail Address
Mailing Address
City/Town State Zip Code
• Phone Number Fax Number(if applicable)
B. Determinations
1. 1 request the Conservation Commission 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:
City of Salem
Name of Municipality
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
•
wpaforml.dw Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Salem, MA
• WPA Form 1 - Request for Determination of Applicability city/rown
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description
1. a. Project Location (use maps and plans to identify the location of the area subject to this request):
45 Memorial Drive Salem
Street Address City/Town
Map 42 Lot 0007
Assessors Map/Plat Number Parcel/Lot Number
b. Area Description (use additional paper, if necessary):
Chapter 91 licensed landing structure is located on Collins Cove at 45 Memorial Drive. The
foundation of the landing requiring repair directly abutts Collins Cove. The landing, access ramp and
assocated docks are licensed per Chapter 91, license#9347, approved 18Jun02 and filed 26Jun02.
Docks are permitted annually per Salem Harbormaster.
c. Plan and/or Map Reference(s):
• Attachment 1: Locus map; Attachment 2: Chapter 91 license 11Jun10
Title Date
Attachment 3: Boat impact pictures Attachment 4: Site pictures 11Jun10
Title Date
Attachment 5: Description and diagram of proposed work(includes MHW) 11Jun10
Title Date
2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary):
Reference Attachment 5: Description and diagram of proposed work
•
w afO.l.tlnc Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem, MA
/
• WPA Form 1- Request for Determination of Applicability Ciry/iown
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
C. Project Description (cont.)
b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant
from having to file a Notice of Intent for all or part of the described work(use additional paper, if
necessary).
MGL Chapter 131 Section 40 -Authorizing repair to an existing licenced structure
310 CMR 10.02 - Requirement of an RDA for work with minimal impact in lieu of NOI
310 CMR 10.58- Determination of MHW based on vegitation/bank materials
3. a. If this application is a Request for Determination of Scope of Alternatives for work in the
Riverfront Area, indicate the one classification below that best describes the project.
❑ Single family house on a lot recorded on or before 8/1/96
❑ Single family house on a lot recorded after 8/1/96
❑ Expansion of an existing structure on a lot recorded after 8/1/96
• ❑ Project, other than a single family house or public project, where the applicant owned the lot
before 8/7/96
❑ New agriculture or aquaculture project
❑ Public project where funds were appropriated prior to 8/7/96
❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed
restriction limiting total alteration of the Riverfront Area for the entire subdivision
❑ Residential subdivision; institutional, industrial, or commercial project
❑ Municipal project
❑ District, county, state, or federal government project
❑ Project required to evaluate off-site alternatives in more than one municipality in an
Environmental Impact Report under MEPA or in an 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.)
N/A
•
wpaforml Aw Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands Salem, MA
• WPA Form 1 - Request for Determination of Applicability City(rown
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Signatures and Submittal Requirements
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:
Brad Smith
Name
45 Memorial Drive
Mailing Address
Salem
Cityrrown
MA 01970
State Zip Code
• Signatures:
I also understand that notification of this Request will be placed in a local newspaper at my expense
in accordance with S ion 10.05(3)(b)(1) of the Wetlands Protection Act regulations.
( t0
Signature of Applicant Date
Signature of Representative(if any) Date
•
wparortnl.doc Page 4 of 4
Location of landing structure
Chapter 91 Waterways License 9347, issued 18Jun02
mac`
Collins Cove o'
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Request for Determination of Applicability Attachment:I
Title: Locus ma
Pmpen, caner: Bnd Smith Page: loft
Address: 45 Memorial Drive Dale: I 11Jun2030
Parol: Map 42,Wt 0007,Book 14318,P 200 Revision: 1 01
IIIII��tlIIBIAI@III���IIIIII�I
2002062600066 RAM Pg:163
061261 M2 00:21:00 vy 115
gibe (IIommonwealflt of �lasoachusetts
no. 9347
'�brrpgg, 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_____—___________________________________--__
�I.
I II1Il •
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;-
_-_--------------__
y
d
NOW,said Department,having heard all parties desiring to be heard,and having fully
considered said application,hereby authorizes and licenses the said
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c --Brad Smith--,subject to the provisions of the¢irtety-first chapter of the General Laws, i
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and of all laws which are or may be in force applicable thereto,to–maintain an existing
a d landing,ramp and floats and to place and maintain piles–_____________________________-
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° '" 2 in and over the waters of–Collins Cove-in the–City–of--Salem--and in
J A o accordance with the locations sbown and details indicated on the accompanying DEP
E Sketch Plan No.9347(1 Sheet).
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Request for Determination of Applicability Attachment:3
Ttle: goat im tt
Property Owner, I.,Smith Pam lofl
Address: 45 Memorial Dfwe Date I 111un2o30
Parcel: Ma 42,Im 000),Book 14318,Pg 200 Revision: 01
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Request for Determination of Applicability Attachment:4
Ttle: Site Plaum
PropeM Avner: Brad Smith Page: Soft
AEEress: 45 Memorial Drne Data S1tun2010
Panel: M.2 42,I.a10002,Book 14318,P 20D Revispn: Ol
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Work Description:
Hand excavate loose rubble from under landing footing to expose existing large boulders. Clean and powerwash bolders (water, no
cleaners, detergents or solvents to be used)to remove any grime. Build a rounded front form out of ply (water side) firmly
supported using 2x4 construction (12-16" on center) with salvaged gravel used as required at base of form. Pour/vibrate with
concrete (4500psi fibermesh with 1% calcium proposed)to fill void,ensuring good penetration in/around boulders, firmly anchoring
foundation. Concrete will be wheelbarrowed by hand to a shute feeding the hole. Hand excavated stones/riprap will then be
replaced by hand, backfilling to enclose lower section of concrete foundation. All forms and associated materials will be removed
following concrete work.
Former foundation area was constructed by previous homeowner circa 1960 of loose hand stacked riprap covered in concrete. A
direct impact from a large boat in 2008 broke the concrete cap and knocked the underlying piled stone loose. Though the potential
of damage was identified by homeowner, effect was declared minimal by insurance adjuster negating any coverage for incident
subsequently declared an "Act of God".
Following impact, the pile of stone and rubble has continued to deteriorate, undermining the foundation of the right leg of the
landing. The left leg is structurally intact and in good condition, minimally affected by the boat impact.
The configuration of the hole prevents effective insertion of stones/riprap due to remnants of existing concrete cap. Such an activity
is not considered to be structurally feasible. Removal of concrete cap is not proposed and would require machinery to break up to
allow any reasonable access under existing footing. Such significant activity will likely further deteriorate existing structure
increasing scope of work beyond that currently proposed. In addition, loose stacked rip/rap has been demonstrated to be an
ineffective option. Given the propensity for the location to endure boat damage, as demonstrated by 3 incidences in a period of 10
years, as well as significant surf and ice action,the proposed work will provide a secure and lasting solution, effectively minimizing
any impact to surrounding tidal areas.
The landing structure has been temporarily shored with wood framing to prevent any movement.
Work to be performed by homeowner assisted as required by Mannino Masonry (Salem, MA).
Requntfor Determination of Applicabl'k Attachment:5
Tttle: Proposed work descri ion and dia mms
Prape"y owner: Smd Smith Pa e: 104
Address: 1 45 Memorial Drive Date Mun2010
Parcel: I Map 43,Lot 0007,Book 14318,Pg 200 Revision: 1 01
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Request for Determination of Applicability Attachment:5
Title: Pro osedworkdescri tion and diagrams
Propene Owner: Brad Smfth I Page: 2of3
Address: 45Memorial I Date: I 13Jun2030
Parcel: Ma 62,lot 000),Book 10318,Pg 200 I Revisbn: OS
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Request for Determination of Appllobilky Attachment:5
title: pm osed work description and diagmms
Property Dwner: Brod Smith Page: 3af4
Address: 45Memprial Orive Date: 111un3030
Parcel: Ma 11,Lot 000),gook 14318,Pg 300 I Revision: 1 01
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Request for Determination of Applicability Attachment:5
Title:
Proposed work description and diagrams
Property Owner: Brad Smith 1 Pa e: 4of4
Address: 65Memoriai Ome Date: I Mun2010
Parcel: Ma 02,lot WO),Book 16318,Pg 2O0 I Revision: 1 01