11-23 OUTLOOK AVENUE - CONSERVATION COMMISSION J
- le
Professional Land Surveyors& Civil Engineers
19"r '� Zb �; jj; ?} ESSEX SURVEY SERVICE 1958- 1986
OSBORN PALMER 1911 - 1970
SALEM BRADFORD&WEED 1885- 1972
PLANNING DEPT
November 24, 1999
Mr. Steven Dibble
Salem Planning Department
City Hall
One Salem Green
Salem, Massachusetts 01970
RE: F 11494
Outlook Avenue
Salem, MA
Dear Mr. Dibble:
Pursuant to the Commission's request please find enclosed the
original, endorsed Wetlands Assessment by Sommer . Environmental
Technologies, Inc. for the above referenced project.
Sincerely,
istopher R. Mello P.L.S.
President
CRM/tlm
Enclosure
cc: Attorney George Atkins
George Belleau
104 LOWELL STREET
PEABODY, MASS. 01960
TELEPHONE: 978-531-8121 TELECOPIER: 978-531-5920 E-MAIL: elsai@prodigy.net
310 CMR 10.99 DEP File No.
(To be provided by DEP)
Form. 2
City/Town
Applicant
Commonwealth
of Massachusetts Date Regaest Filed
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Issuing Authority
To
(Name of Person making request) (Name of property owner)
Address - Address
This. determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
❑ by certified mail, return receipt requested on (date)
Pursuant to the authority of G.L. c.131, §40., ,the
has considered your request for a Determination of Applicability and its sup-
porting documentation, and hasmadethe following determination (check whichever
is applicable) :
Location: street Address
Lot Number: -
This Determination is positive.
1. ❑ The area described below, which includes all/part of the area described
in your request, is an Area Subject to Protection Under the Act.
Therefore, any removing, filing, dredging or altering 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. Therefore, said work
requires the filing of a Notice of Intent.
2-1
Effective 11/10/89
A
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. ❑ 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 ares.
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 Conservation Commission
Signature(s) /
41b M
IV
D e9A 12��,�x-� � .�
This Determination must be signed by a majority of the Conservation Commission.
on this day of 19 before-me
personally appeared to me known to be the
person described in, and who executed, the foregoing instrument, and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public My Commission Expires
This 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 lard abutting the land upon
which the proposed work is to be done, or any ten residents of the city or town in which such lend 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 hard delivery to the
Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten
days from the date of issuance of this 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
SOMMER ENVIRONMENTAL TECHNOLOGIES INC.
t�,yn° 65 NEW SALEM STREET
AjECIZ'11EFj1F,LD, MASSACHUSETTS 01880
� t✓ 26 A , ��ELEP�HONE (617) 246-5360
PLANNING ryrjr P
WETLANDS ASSESSMENT
For
OUTLOOK AVENUE
SALEM, MA
For
EASTERN LAND SURVEY
The property was assessed by Sommer Environmental Technologies, Inc. ("SET")
with respect to the Wetlands Protection Act (M.G.L. Ch. 131, s40) ("WPA"). The
Wetlands Protection Act requires that certain wetland n r
q s, ponds, streams, and adjacent
areas are to be protected as "resource" areas. Bordering vegetated wetland is defined as
an area where over 50% of the plants are wetlands indicator species, the soils present
hydric characteristics and wetland hydrology is present. Stream banks and areas subject
to periodic flooding are also protected.
The property in question encompasses Assessors Map 9 Parcel 84 & 85. Mr. Paul
Sommer of SET investigated the subject property under the Wetlands Protection Act.
This investigation revealed an intermittent stream present on the property, which runs in a
northwesterly direction. This drainage system receives flow derived from a stormwater
discharge pipe off of Buena Vista Ave. and Ugo Rd. A deep-cut drainage ditch, for
approximately 600 feet, then carries the water to an 18-inch iron pipe. The topography
from the streambed to the subject property is extremely steep (1.3:1). This slope is
comprised of near vertical ledge and steeply sloped densely vegetated areas. Mr.
Sommer did enter the area at selected points to verify that the Bordering Vegetation did
not extend more than 8 to 12 feet from the Bank Wetland vegetation as defined in 310
CMR 10.55. This resoures was identified as occurring on the banks of the intermittent
stream. The banks of tins area support a wetland species community dominated by
shrubs and herbs.
It is not clear that a wetland, which feeds this system, exists on any of the
properties up-gradient of the site. This system may therefore not be classified as a
"stream" (310 CMR 10.04). However as proposed, the development will not directly
impact any of the resources, Land Under Water Bodies, Ba or ordering Vegetated
c
Wetland.
1/24/
dl
Paul F. Sommer
President
11/18/99 THU 17:.17 FAX 978 922 0285 CITY OF BEVERLY
f�00J
TO: CONSERVATION ADMINSTRATOR STEPHEN DIBBLE
FROM: COMMISSION MEMBER DEBBIE HURLBURT
RDA—OUTLOOK AVENUE
DATE_ NOVEMBER 18, 1999
As you are aware, l am concerned about this Request for Determination of
Applicability for Outlook Avenue only because I am not sure that enough information
has been submitted to issue a Determination. There are several areas of concern and I
will enumerate them for you.
1_ what type of resource area it is;
2. where is the data sheet to back up what type of resource area it is. Were soil
samples taken to rule in or rule out what it is?
3. The applicant is seeking a Determination from the Commission as to whether
the "Area'and the`Boundaries"are subject to the Commission's jurisdiction
and whether the area is accurately delineated. I ant not sure how the
Commission can determine this without the data sheets or at least a response
as to what type of resource area it is;
4. If this resource area has an inlet or an outlet it is(in my opinion)a BVW,
which would require the applicant to file a Notice of Resource Area
Delineation(see attached).
5. Who did the actual delineation?
Steve,I am not sure that it is fair to the applicant to have this read at the meeting.
But if you wtmuld ask those questions for me (and not from the sheet), I would feel that at
least the Commission would be getting the answers that they may need to make a
determination.
Ile r1esiJ1117Q
SOMMER ENVIRONMENTAL TECHNOLOGIES INC. t '"`R ^�
65 NEW SALEM STREET
WAKEFIELD,MASSACHUSETTS 01880
TELEPHONE (617) 246-5360
WETLANDS ASSESSMENT
For
OUTLOOK AVENUE
SALEM, MA
For
EASTERN LAND SURVEY
The property was assessed by Sommer Environmental Technologies, Inc. ("SET")
with respect to the Wetlands Protection Act (M.G.L. Ch. 131, s40) ('WPA"). The
Wetlands Protection Act requires that certain wetlands, ponds, streams, and adjacent
areas are to be protected as "resource" areas. Bordering vegetated wetland is defined as
an area where over 500h, of the plants are wetlands indicator species, the soils present
hydric characteristics and .vetland hydrology is present. Stream banks and areas subject
to periodic flooding are also protected.
The property in question encompasses Assessors Map 9 Parcel 84 & 85. Mr. Paul
Sommer of SET investigated the subject property under the Wetlands Protection Act.
This investigation revealed an intermittent stream present on the property, which runs in a
northwesterly direction. This drainage system receives flow derived from a stormwater
discharge pipe off of Buena Vista Ave. and Ugo Rd. At which point, the water is carried
by a deep cut drainage ditch for approximately 600 feet to an 18-inch iron pipe. The
topography from the stream-bed to the subject property is extremely steep (1.3:1). This
slope is comprised of near vertical ledge and steeply sloped densely vegetated areas. Mr.
Sommer did enter the area at selected points to verify that the Bordering Vegetation did
not extend more than 8 to 12 feet from the Bank Wetland vegetation as defined in 310
CMR 10.55 was identified as occurring on the banks of the intermittent stream. The
banks of this area support a wetland species community dominated by shrubs and herbs.
It is not clear the, a wetland, which feeds this system, exists on any of the
properties up-gradient of the site, and may therefore not be classified as a "stream" (310
CMR 10.04). However as proposed, the development will not directly impact any of the
resources, Land Under Water Bodies, Bank or Bordering Vegetated Wetland.
massacnusetts Department of Environmental Protection
r Bureau of Resource Protection—Wetlands
WPA Form 1 Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
%easetype
printriXteaear General Information
information
requested on this 1. Aopplioant 2. Representative(if any):
form. 7bwn and Country. Homes, Inc.
By: George Belleau , President Ronan. Segal. & Harrington
Nvre FIM
16 Bourbon Street Attorney George Atkins
M1f IMPAftns COWIN"
Peabody 59 Federal Street
Cay/rown A6,09A01es6
Massachusetts 01960 Salem
SIM zio cue Uy/lo"
(978)535-1724 Massachusetts 01910
Morre Numoa srdre rw coo
(978)744-0350
f2+NunaC(d2oolitlblEi FftV NOW
f.NailA00rzss/ilBpplCL•:ej - fuNuRON(ilApyCioe)
. E+sailMCmss(d7yplit70k1
t Determinations D.whether the area and/or work described and/or
1. As the applicant.I, request that the depicted on plan referenced below is subject to the
jurisdiction of any municipal wetlands protection law or
—Salem bylaw of
Corsamwo Cw issia, Salem
make the following determination(s)(check any that Aknrc olMunrpaliy
apply):
A.whether the area depicted on plan(s)and/or map(s) - E.the scope of alternatives to be considered for work
referenced below is an area subject to jurisdiction of the (described below)that Is located in the RNerfront Area.
Wetlands Protection Act.
18.whether the boundaries of resource area(s)
indicated and depicted on plan(s)and/or map(s)referenced
below are accurately delineated.
- C.whether the work described and/or depicted on plan
referenced below is subject to the Wetlands Protection Act.
Project Description
1. The project location is described as follows.(Use map(s) b. Area Description(use additional paper if necessary):
and/or plan(s)to identify the location of the area subject to
this request.)
a. Location:
11 - 23 Outlook Avenue
SbeVA0oms5
Salem, Massachusetts
cayaown c. Plan and/or map reterence(s)(list title and date):
Map 9 Parcels 84 and 85 Plan of Land located in Salem,
Assessors fAd:.P;dl l PwieAotl Massae uspPf-s. non1p in--4111r dated
October 27, 1999, Prep"ed byEBStern
Rea ,095 Land Survey Assoc., Inc. Page 1 of 3
Massachusetts Department o/Environmental Protection
Bureau of Resource Protection— Wetlands
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 13 i, §40
Project Description (cont)
2. The proposed work is described below.(If needed,provide 3.a. If this application is a Request for Determination of
plan(s)of work.) Scope of Alternatives for work in the Riverfront Area,
indicate the one classification below that best describes the
a. Work Description(use additional paper,if necessary). project.
Not Applicable = Single family house on a lot recorded on or before
8/1/96
= Single family house on a lot recorded atter 8/1/96
- Expansion of an existing structure on lot recorded after
8/t/96
= Project,other than a single family home 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
817/96
= 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
b. Exemptions.Identify provisions of the Wetlands
Protection Act or regulations which may exempt the - Residential subdivision;institutional,industrial,or
applicant from having to file a Notice of Intent for all or part commercial project
of the described work(use additional paper,if necessary).
- Municipal projects
Not Applicable
- 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.
Rev. 10/98 Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection — Wetlands
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Signatures:
Request for Determination of Applicability and accompanying
Plans,documents,and supporting data are true and complete I also understand that notification of this Request will be placed
to the best of my knowledge. in a local newspaper at my expense in accordance with Section
10.05(3)(b)(1)of the Wetlands Protection Act regulations.
I further certify that the property owner,if different from the Town Country Homes, IJIC
applicant,and the appropriate Department of Environmental
Protection Regional Office(see Appendix A)were sent a
complete copy of this Request(including all appropriate By•
documentation)simultaneously with the submittal of this ,
pnameorAaWrranr
Request to the conservation commission. pv
Failure by the applicant to send copies in atimely manner may George Belleau, President
result in dismissal of the Request for Determination of par Nim
Applicability. ,
The name and address of the property owner:
Peter Angeramo, Exec. Estate of John F. Milo
NIM
5 Loman Circle
AMadinpAdoress
Peabody
QyTow
MA 01960
Srare zip code -
Mary Mondello, UPA for Catherine Pirro
32 Birch Street
Lynn
MA
Rev, 10/98 Page 3 of 3
6tth� fpt�
y
y {y VVnV m • •on
Z
Suirm. Massachusetts 01970
ASS.
C
PUBLIC HEARING CONTINUANCE
Date
D / CO— A / 0 4—✓/�c
I by grant permission to the Conservation
(app 'ntlownef �
Commission to continue the public hearing on the I J23 0A/w �" p""
(application)
Said public hearing shall be continued to
(date)
/(Applicant/o er signatu e)
sd cnndom',misOpublicae
RONAN, SEGAL & HARRINGTON
ATTORNEYS AT LAW
FIFTY-NINE FEDERAL STREET
JAMES T.RONAN(197-1987) SALEM,MASSACHUSETTS 01970-3470
JACOB S.SEGAL
MARY PIEMONTE HARRINGTON
GEORGE W.ATIQNS, III
TEL(978)7440350
FAX(978)744-7493 FILE NO.
November 18, 1999
Conservation Commission
City of City of Salem
One Salem Green
Salem, MA. 01970
RE:11-23 Outlook Ave
Members of the Commission:
Please indicate in your file regarding a Request for Determination of Applicability submitted
on November 4,1999 that the undersigned hereby withdraws as representative of the
applicant. In substitution, Cristopher R. Mello of Eastern Land Survey Associates, Inc. will
act as representative of the applicant.
*Georcgire
�our
W. Atkin
e = -
n'lassacnusetts Department o/Environmental Protection
Bureau o/Resource Protection— Wetlands
WPA Form 1 Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Tease type or
Print clearly all ' General Information
information
requested on this 1. Aopplicant 2. Representative(if any):
form. 9wn and Country Homes, Inc.
By: George Belleau President Ronan, Segal & Harrington
Name Firm
16 Bourbon Street Attorney George Atkins
Mailing AEoress ConlaaName
Peabody 59 Federal Street
Cily/Town MidinpAodiess
Massachusetts 01960 Salem
stare Zip Cooe C440"
_(978)535-1724 Massachusetts 01970
Phone Numoer stare Zip coo
(978)744-0350
Fax Numcer(ifapplicabie) Phone Numbs, -
E-Mail Mress(it applica:,t5 Fu Nu111*0fapp/rcablel -
FinaiUooress(ifamiable)
Determinations D.whether the area and/or work described and/or
1. As the applicant,I, request that the depicted on plan referenced below is subject to the
jurisdiction of any municipal wetlands protection law or
Salem bylaw of
Consenerion Commission _ Salem
aapply):make the following determination(s)(check any that Wme Saunicipaliry
A.whether the area depicted on plan(s)and/or map(s) — E.the scope of alternatives to be considered for work
referenced below is an area subject to jurisdiction of the (described below)that is located in the Riverfrom Area.
Wetlands Protection Act.
X B.whether the boundaries of resource area(s)
indicated and depicted on plan(s)and/or map(s) referenced
below are accurately delineated.
= C.whether the work described and/or depicted on plan
referenced below is subject to the Wetlands Protection Act.
Proiect Description
1. The project location is described as follows. (Use map(s) b. Area Description(use additional paper if necessary):
and/or plan(s)to identify the location of the area subject to
this request.)
a. Location:
11 — 23 Outlook Avenue
5neetAooress
Salem, Massachusetts
C6y/rown c. Plan and/or map reference(s) (list title and date):
Map 9 Parcels 84 and 85 Plan of Land located in Salem,
Afsesse/s Ik:P;2.'/ par:e;7a y
Massachusetts, scala 1"d4Qt, dated
October 27, 1999, Primed by Eastern
Rev w 93 Land Survey Assoc., Inc. Page 1 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection— Wetlands •
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
Project Description (cont.)
2. The proposed work is described below.(If needed,provide 3.a. If this application is a Request for Determination of
plan(s) of work.) Scope of Alternatives for work in the Rivertront Area,
indicate the one classification below that best describes the
a. Work Description (use additional paper,if necessary). project.
Not Applicable - 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 lot recorded after
8/1/96
- Project,other than a single family home or public
project,where the applicant owned the lot before 817/96
- New agriculture or aquaculture project
- Public project where funds were appropriated prior to
817/96
- Project on a lot shown on an approved,definitive
subdivision plan where there is a recorded deed
restriction limiting total alteration of the Rivertront Area
for the entire subdivision
b. Exemptions. Identify provisions of the Wetlands
Protection Act or regulations which may exempt the - Residential subdivision;institutional, industrial,or
applicant from having to file a Notice of Intent for all or part commercial project
of the described work(use additional paper,it necessary).
— Municipal projects
Not Applicable
- 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.
Rev. 10/98
Page 2 of 3
Massachusetts Department of Environmental Protection
Bureau of Resource Protection— Wetlands
WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
13 Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Signatures:
Request for Determination of Applicability and accompanying
Plans,documents,and supporting data are true and complete I also understand that notification of this Request will be placed
to the best of my knowledge. in a local newspaper at my expense in accordance with Section
10.05(3)(b)(1)of the Wetlands Protection Act regulations.
I further certify that the property owner,if different from the Town Country Homes, I c
applicant,and the appropriate Department of Environmental
Protection Regional Office(see Appendix A)were sent a
complete copy of this Request(including all appropriate By•
documentation)simultaneously with the submittal of this
Request to the conservation commission. dretureofftliont pate
Failure by the applicant to send copies in a timely manner may George Belleau, President
result in dismissal of the Request for Determination of print Name
Applicability. ,
The name and address of the property owner:
Peter Angeramo, Exec. Estate of John F. Milo
Name
5 Loman Circle
Marling Address
Peabody
cirylrowa
MA 01960
Stare Zip Code ..
Mary Mondello, UPA for Catherine Pirro
32 Birch Street
Lynn
MA
Rev. 10/98
Page 3 of 3
FAX FROM:
CITY OF SALEM, MA
PLANNING DEPARTMENT
ONE SALEM GREEN
SALEM, MA 01970
(978) 745-9595,-EXT. 311
FAX (978) 740-0404
DATE:
TIME: (�
TO: CIOAja
FROM:
FAX #: TJ� �"00
SUBJECT:
PAGES:
(Not including cover sheet) /
COMMENTS:
V /
ION Co.
�o Conservation Commi%ion
9r Salem, Massachusetts 01970
`yASSAC�S`V
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 and Ordinance
Pertaining to General Wetlands, at the request of Town and Country Homes, Inc.,
George Belleau, President, 16 Bourbon Street, Peabody, MA. The purpose of the
hearing is to discuss jurisdiction of the area and whether the boundaries of resource areas
are accurately delineated at 11-23 Outlook Ave. This hearing will be held on Thursday,
November 18, 1999 at 7:00 p.m. in the second floor conference room at One Salem
Green.
Mark George
Chairman
November 10, 1999
Please send bill to:
Town and Country Homes, Inc.
George Belleau, President
16 Bourbon Street
Peabody, MA 01960
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0 CHRIS TOPHER R. MEL L 0, PLS
❑ a 104 LOWELL ST. PEABODY, MA. 01960
(978) 531 -8121
SCALE 1 " = 40' OCTOBER 27, 1999
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0.31317 p
PHOTO REPROOUC Iry u ABOVE SEAL IS
INDICATIVE OF UNAU REPRODUCTION
OF THIS PLAN AND IS TO BE CONSIDERED A
COPYRIGHT INFRINGEMENT AND/OR FRAUD.
ENFORCEMENT AUTHORITY SHALL NOT ACCEPT
PHOTO REPRODUCTION FOR ANY PURPOSE. 0 20 40 80 120 160
F 11494