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27 OSBORNE HILL DRIVE - CONSERVATION COMMISSION�a 7 05 J RDA Status Sheet Address: 1)(,Lc� Date Submitted: Contact Name: C ,e�- k.-z-L Proposed activity: D-d k Phone: a61 Cr3 1,\is' M rRApplication Complete ❑ Correct Fee Received - Legal Ad Sent o-Legal Ad Confirmed -n Online p-A-dded to Agenda Agenda to Applicant q—Agent Comments to Commission Hearing Opened: V,�A Continued: -.—Site Visit:, &XPefmit Sent to Applicant and DEP o&c(nfirmation of Delivery o Added to database Notes: H:\CON COMM\Administrative\project status sheet\RDA status sheet 2013-10-30.doc u # l- First-Class Mail V I I I III III I I I I I I USPS e 8 Fees Paid Hu Permit No.G-10 9590 9402 1660 6053 4638 17 I United States •Sender:Please print your name,address,and ZIP+4®in this box- Postal Service - - Salem Conservation Commission 120 Washington Street, 3rd.F1 i Salem, MA 01970 o sA t_J-, I !f'I°hlfllu)vif,iihri�iiirf rf 1,l,iififf'�1"Illi'i�iilllurl� I ,. SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION . ■ Complete items 1,2,and 3. A. Sign to ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back ofthe mailpiece, B/.,/ped ceiv d by(Printed Name) C. Dat of D I' or on the.front.ifspace permits. +� � ` !/!5 E C 1. Article Addressed to: D. Is delivery address different from Item 17 0 Yes If VES,enter delivery address below: 0 No 'A IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII I IIIIIIIIIII 3. ServiceType D Priority Mel Express® El Adult iceSignature D Reglat M Mall n D Adult Signature Restricted Delivery D R Istered Mail Restricted very 9590 9402 1660 6053 4638 17 o Cerchled Mail Restricted Davey D Betum Re%ptfor D Collect on Delivery Merchandise 2. Article Number(Transfer from service label) t7 Collect on Delivery Restricted Del vvy D Signature ConfirmatlonTM 0 Insured Mail D Signature Confirmation p 7 012 16 4 0''0 0 02 3 313 3'k D InsInsuredd Dail Restricted Delivery Restricted Delivery .. PS Form 3811,July 2015 PSN 7530.02-006,J53 Domestic Return Receipt Comm W CITY OF SALEM �s9 CONSERVATION COMMISSION July 15, 2016 Chester H. Kusek 27 Osborne Hill Drive Salem, MA 01970 Re: Determination of Applicability-27 Osborne Hill Drive Dear Mr. Kusek: Please find the enclosed Determination of Applicability for the above-referenced project. This document is effective for three years from its date of issuance. If you have any further questions please feel free to contact me at 978-619-5685. Sincerely, Tom'lDevine Conservation Agent Enclosure CC: DEP Northeast Regional Office r Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands V 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 Chester H. Kusek return key. Name Name 27 Osborne Hill Drive 1ed Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Unlabeled, annoted plan showinq lots 12-15 Undated Title Date Title Date Title Date 2. Date Request Filed: June 30, 2016 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): Landscaping, fencing, patio and associated improvements as described in June 2016 Request for Determination of Applicability Project Location: 27 Osborne Hill Drive Salem Street Address City/Town 6 179 Assessors Map/Plat Number Parcel/Lot Number wpaform2.tloc•Determination of Applicability•rev.12/14 Page 1 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.) 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 I wpaform2Aoc-Determination of Applicability-rev.12114 Page 2 of 5 L11Massachusetts 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. wpaformi•Determination of Applicability•rev.12114 page 3 of 5 / v, 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 Activity(site applicable statualory/regulatory provisions) [� 66.. 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 ordin8Ince or bylaw. // l4/�-,.15 O(y�CP r -�E/1 n Irrar< ryV. 1 J,1%an Ci L —C) Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ES by certified mail, return receipt requested on 7Z' 1;44 - Date D90 I-- 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 cmust be sent to the appropriate DEP egiona' Offce (see htt ://www.mass. ov/eea/a encies/m ss a out/contacts/) and the property ow r(if different from the applicant . Signatures: D wpaform2.dcc•Determination of Applicability•rev.12/14 Page 4 of 5 f 0 Fr-�, 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 htto://www.mass.gov/eea/agencies/massdep/about/contacts/) to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaformZdoc•Determination of Applicability-rev.12114 Page 5 of 5 i y Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a. Street Address b.Citylrown,Zip c.Check number d. Fee amount Important: 2 Person or party making request(if appropriate, name the citizen group's representative): When filling 9 P' P ): out forms on the computer, Name use only the tab key to - Mailing Address move your Cursor-do Citylrown State Zip Code not use the return key. Phone Number Fax Number(if applicable) m 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 4B), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): mom Name Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability—Fee: $120 ❑ Superseding Order of Resource Area Delineation— Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doc•Request for Deparmental Action Fee Transmittal Form•rev.12J14 Page 1 of 2 t Massachusetts Department of Environmental Protection 1 Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.gov/eea/agencies/massdep/about/contacts/). 4. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant, if he/she is not the appellant. wpaform2.doc•Request for Departmental Acticn Fee Transmittal Fen•rev.12114 Page 2 0!2 s V � l r, t 1 C , � 1 r 'u t r r{,. ' t 4 � t., ♦ 1 i s� '".� � �4 .s P-�"w f � e � 3� �. :.t lk {e Yom'- �� �"' � ;• x �. c ��p City of Salem Department of Planning & Community Development CHECK RECEIPT AND TRACKING FORM DATE BOARD AFST F CLIENT: PROPERTY ADDRESS: CONTACT NUMBER: PURPOSE FOR APPLICATION: CHECK # AMOUNT RECEIVED: $ 53 `CHESTER H 1(6SEK.'o9`--13 11'881 y t44 MARYLYN S KUSEK < {" 270SBORNEHILLDRIVE, SALEM,MA 0197010 B `'lnWN 3 �����l(�l/V ii!�I.e/ y t` �., x 1P: •�f f e.. a ri Premier Checkingz k Mastem Bin,1M 02110 :.3 � eastembank.mm IE06FlSiE2N T.. q �:-0113014981: 04056i609Slim ii88 f �gNOI?,j' CITY OF SALEM CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability for Chester H Kusek, 27 Osborne Hill Dr, Salem MA. Purpose of hearing is to discuss proposed landscaping, fencing, patio and associated improvements at 27 Osborne Hill Dr within an area subject to protection under the Wetlands Protection Act MGL c.131§40 and Salem Wetlands Protection& Conservation Ordinance. Hearing will be held 7/14/16 at 6:30pm in the City Hall Annex, 3rd floor conference room, 120 Washington St. Salem News Publication Date: 7/7/16 Deposit check received from: Chester Kusek 27 Osborne Hill Drive Salem, MA 01970 203-613-1915 June, 2016 i Re:Assessor's Map 8, parcel 179, lot 15 (AKA 27 Osborne Hill Drive, Salem, MA 01970) Salem Conservation Committee Chester H. Kusek & Marylyn S. Kusek, owners of the property referenced above, are submitting the enclosed Request for Determination of Applicability to obtain approval to make landscaping improvements around the dwelling on the subject lot.These improvements are within the buffer zone of a dry stream and the proposed improvements are on the edge of the buffer zone. The proposed improvements include: 1. Planting evergreen trees along the western edge of the property line along Osborne Hill Drive to improve privacy between the street and the dwelling. 2. PVC fencing and/or evergreen plants along the south side of the property on top of a stone retaining wall to safeguard against falling off said wall. 3. Planting evergreens and/or flowering bushes along the top of an existing stone retaining wall overlooking the east side of the back yard.These are intended to safeguard falling r off said wall. r 4. Installing a stone or concrete patio along the back side of the dwelling as described in the description included with WPA Form 1 enclosed. }� 5. Adding lattice to the the deck to create privacy from Osborne Hill Drive. 6. Planting of Ivy) and/or climbing Hydrangeas along existing stone walls on the property. Improvements proposed are to be done in compliance with all applicable requirements of environmental agencies. The addition of the proposed evergreens should result in better runoff control in addition to improving privacy and safety around the dwelling. We trust that attached documents and photos will clarify our intent and that the Conservation Commission will look favorably upon these requests. Thanks for your consideration, Chester H. Kusek Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the Chester H. Kusek chetkusek@gmaii.com computer,use Name �sg only the tats key E-Mail Address to move your 27 Osborne Hill Drive cursor-do not Mailing Address use the retum Salem MA 01970 key. City/Town State Zip Code 203-613-1915 e" Phone Number Fax Number(if applicable) 2. Representative (if any): Firm Contact Name E-Mail Address Mailing Address City/Town Zip Code f' Phone Number Fax Number(if applicable) B. Determinations 1. I request the Salem 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: Salem, MA Name of Municipality ❑ e.whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). w Aml.doc Page 1 of 4 1 1 ,oMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 1- Request for Determination of Applicability City/Town il 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): 27 Osbome Hill Drive Salem Street Address CitylTown Assessor's Map 8 Parcel 179, lot 15 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): Lot 15(AKA 27 Osborne Hill Drive)is within the residential development generally known as "Strongwater Crossing."This is a single family housing development accessed via Marlborough Road in Salem. c. Plan and/or Map Reference(s): Lot# 15 6/2016 - Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): Property owners of lot# 15 (Chester& Marylyn Kusek)are considering landscaping improvements to the exterior of the house on the subject lot. Such improvements include planting evergreens on the grounds around the house to create privacy from Osborne Hill Drive which curves around lot 15 on two sides and to add safeguards to prevent falling off rock walls on the rear side of the house. It has not been determined with any certainty whether evergreens alone may be adequate to achieve our. objectives or if fencing also may be desirable. The locations of the proposed planting and/or fencing are shown on the attached plan. Trees/bushes are designated by"®"and fencing is shown as"X." In addition to the foregoing we are also considering the addition of a stone or concrete patio along the back side of the house immediately adjacent to foundation wall, extending out a maximum of 17'at its widest and narrowing to 12'; the total length of the proposed patio would be approximately 40'. Approximately 20'x 12'of the patio would extend under an existing deck which extends out from the first (main)floor of the house. wpata ml.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem I WPA Form 1- Request for Determination of Applicability Citylrown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the 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.) wpaformlAoc Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office were sent a complete copy of this Request(including all appropriate documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Chester H. Kusek, Marylyn S. Kusek Name 27 Osbome Hill Drive Mailing Address Salem City/Town 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 Se ti n 10.05(3)(b)(1)of the Wetlands Protection Act regulations. Signature of App icant J Date Signature of Representative(if any) Date wPataml.tloc Page 4 of 4 Professional Land Surveyors E; Civil Engineers • ESSEX SURVEY SERVICE 1958 - 1986 OSBORN PALMER 1911 - 1970 BRADFORD & WEED 1885 - 1972 PLOT PLAN OF LAND LOCATED IN 5,4ZI5,91 MASS. 47- 16r7 6 5Z ' a P/1Gde5rl� 'Wl4 ELI JnG P � 1J5�5a/CtiC" 9/LL azIxr I hereby certify to the SAL_f1 Building Inspector that the pro- ZONE: LOT AREA: kok� LOT FRONTAGE: 11okZ posed construction shown conforms hGFP r to the dimensional zoning of FRONT YARD: 15>' SIDE YARD: REAR YARD: �F sAL 7`r Mass. SCALE: DATE: X"/)K Z/ ?G/3 REFERENCE: �1 BIC -JOZ. PG 7 Chris pher R. 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