41 PALMER STREET - CONSERVATION COMMISSION -- - _ _- -
_ _
II
CITY OF SALEM
CONSERVATION COMMISSION
September 26, 2014
Lynn Duncan
Director of Planning & Community Development
City of Salem
120 Washington Street, 3`d floor
Salem, MA 01970
Re: Determination of Applicability—Mary Jane Lee Park
Dear Ms. Duncan:
At its September 25, 2014 meeting, the Salem Conservation Commission reviewed the
Request for Determination of Applicability and associated plan titled Mary Jane Lee Park:
Option B (undated) by Michelle Crowley Landscape Architecture. During this meeting, the
Friends of Mary Jane Lee Park submitted an alternate plan, Mary Jane Lee Park: Proposed
Plan A (August 2014) by Friends of Mary Jane Lee Park and Salem Public Space Project.
After careful consideration, the Commission determined that neither plan will alter the
Land Subject to Coastal Storm Flowage in which the park is located. Therefore, the
enclosed Negative Determination of Applicability permits the park improvements
regardless of which design alternative is executed.
Sincere
Tom Devine
Conservation Agent
Enclosure
Cc: DEP Northeast Regional Office
Page 1 of 1
LI) 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 Property Owner(if different from applicant):
your cursor-
do not use the City of Salem
return key. Name Name
120 Washington St., 3rd floor
Mailing Address Mailing Address
Salem MA 01970
City/Town State Zip Code Cityfrown State Zip Code
1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents:
Mary Jane Lee Park (MCLA, "Option B") Undated
Title
Date
Title Date
Title Date
2. Date Request Filed:
9/11/2014
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 splash pad and associated improvements as described in Request for Determination
of Applicability
Project Location:
41 Palmer Street Salem
Street Address Cityfrown
34 212
Assessors Map/Plat Number Parcel/Lot Number
wpaform2 doe•Determination of Applicability•rev.08113 Page 1 of 5
LlMassachusetts 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
wpaform2.doc•Determination of Applicability•rev.08/13 Page 2 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.)
❑ 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.
wpaform2.doc•Determination of Applicability•rev.00/13 Page 3 of 5
f
Low 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 statuatory/regulatory provisions)
6. The area and/or work described in the Request is not subject to review and approval by:
51.
Name of Municipality
Pursuant to a municip I wetlands rdinance or bylaw.
Name Ordinance or By awor By aw 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
040 1(
Datd 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
http://www mass goy/eea/agencies/massdel)/about/contacts/find-the-massdep-regional-office-for-vour-
city-or-town.html) and the property owner(if different from thea plicant).
Signatures:
/p
` t
Datr
wpaform2.doc•Determination of Applicability•rev.08/13
Page 4 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
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/eea/agencies/massdep/about/contacts/find-the-
massdep-regional-office-for-your-city-or-town.html) 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.
wpaform2.tloc•Determination of Applicability-rev.08/13 Page 5 of 5
L1Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
1 Request for Departmental Action Fee Transmittal Form
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. Request Information
Important:
When filling out 1. Person or party making request(if appropriate, name the citizen group's representative):
forms on the
computer, use Name
only the tab
key to move
your cursor- Mailing Address
do not use the
return key. City/Town State Zip Code
1Bd Phone Number Fax Number(if applicable)
Project Location
rerun
Mailing Address
Cit /Town
y State Zip Code
2. Applicant(as shown on Notice of Intent(Form 3), Abbreviated Notice of Resource Area Delineation
(Form 4A); or Request for Determination of Applicability (Form 1)):
Name
Mailing Address
Cityrrown State Zip Code
Phone Number Fax Number(if applicable)
3. DEP File Number:
B. Instructions
1. When the Departmental action request is for(check one):
❑ Superseding Order of Conditions ($120 for individual single family homes with associated
structures; $245 for all other projects)
❑ Superseding Determination of Applicability ($120)
❑ Superseding Order of Resource Area Delineation ($120)
Send this form and check or money order for the appropriate amount, payable to the Commonwealth of
Massachusetts to:
Department of Environmental Protection
Box 4062
Boston, MA 02211
wpaform2 doe•Request for Departmental Action Fee Transmittal Form-rev,08113 Page 1 of 2
L11Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands
Request for Departmental Action Fee Transmittal Form
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/find-the-massdeo-regional-office-for-
your-city-or-town.htm I).
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 Action Fee Transmittal Form•rev.OW13 Page 2 of 2
RDA Status heet
Address:A&J�6^,1..,, �� ( f�1� ate Submitted:
Contact Name: Proposed activity: ."�
Phone:
c^Application Complete
&eorrect Fee Received -eke �-
,Legal Ad Sent ❑ Legal Ad Confirmed cp,Online
Added to Agenda Benda to Applicant
cp.Agent Comments to Commission
Hearing Opened: /(yContinued: Site Visit:
o�rmit Sent to Applicant and DEP
B.C`onfirmation of Delivery
dded to database
Notes:
HACON COMM\Administrative\project status sheet\RDA status sheet 2013-10-30.doc
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PALMER STREET
Michelle cmWey l.a6ecaFe Amnitecture, MARY JANE LEE PARK
LLC Master Plan -
261 summer St,6th Floor Oct.2,2014
Bearer,MA 02210
611.066.6400
,'IN me www.michelkemoiley-la.com
CITY OF SALEM
�.tp�ianuno
CONSERVATION COMMISSION
CONFIRMATION OF HAND DELIVERY
Document: Mary Jane Lee Park Determination of Applicability
Recipient: L2i
Signature: Date: I /
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
/ \ 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 City of Salem Dept. of Planning & Comm. Development
computer, use Name E-Mail Address
only the tab key a
to move your 120 Washington Street, 3 floor
cursor-do not Mailing Address
use the return Salem MA 01970
key. City/Town State Zip Code
978-619-5685 978-740-0404
Phone Number Fax Number(if applicable)
2. Representative (if any):
oma
Firm
Contact Name E-Mail Address
Mailing Address
City/Town State Zip Code
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
Name of Municipality
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
wpaforrnl,dm Page 1 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
/
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):
41 Palmer Street Salem
Street Address City/Town
34 212
Assessors Map/Plat Number Parcel/Lot Number
b. Area Description (use additional paper, if necessary):
Mary Jane Lee Park at the intersection of Palmer and Prince Streets in The Point neighborhood of
Salem.The site consists almost entirely of filled land and falls within FEMA's 100-year flood zone
c. Plan and/or Map Reference(s):
Mary Jane Lee Park (3 sheets) undated
Title Date
Title Date
Title Date
2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary):
Proposed park improvements include:
Phase 1:
- Relocation of existing evergreen tree at southwest corner of park (new location to be determined)
- Relocation of existing swing set to northeast quadrant of park over new new poured-in-place rubber play
surfacing (permeable)
- Removal of lead-impacted urban fill within approximately 1800 sq. ft. splash pad footprint under the
guidance of an LSP
- Construction of concrete splash pad and supporting electric and water infrastructure
- Construction of asphalt paths around splash pad
- Planting of up to 6 new trees
Phase 2:
- Additional excavation of lead-impacted material as directed by an LSP
- Conversion of a portion of asphalt in the northwest quadrant of the park to grass
- Installation of poured-in-place rubber surfacing beneath existing play structures
- Construction of new internal pathways
- Rehabilitation of basketball court
- Installation of play striping (e.g. hopscotch) on remaining asphalt
wpafarml A. Page 2 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
�
WPA Form 1 - Request for Determination of Applicability City/Town
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.)
wpafarral.dm Page 3 of 4
Massachusetts Department of Environmental Protection
Bureau of Resource Protection - Wetlands Salem
WPA Form 1 - Request for Determination of Applicability City/Town
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:
City of Salem
Name
93 Washington Street
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 Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations.
q)) t1/
+,gtuof Applicant Date
Signature of Representative(if any) Date
wpaforml.Coc Page 4 of 4
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j� *parking spaces= 23
*trees= 28
*s lashpad users- 130 kids
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•I/ PALMER STREET y ==
Option B Mary Jane Lee Park
Pervious/Impervious Surface:
Existing
& 'e 4 It 4 4 dii
Existing SF / of Total ��
a " v °
o � s
xq
Pervious Surfaces
Lawn 11,352 36% 1�
355
Total Pervious and 16707 '-
I
Impervious Surfaces I:
Asphalt - Parking 11,577 36% "` , r
u
Paths 3,674 110%
TO Impervious 15,251 —48%
a a_
,�' SAND:5,355 SP p il.
- (17%)
J
.. h, c r LAWN:11,352 5a
�� w�--J(36%) "iM
+sR
I
ry I
PALMER STREET 41
11 6
Pervious/impervious Surface:
Phase 1
4 Al
_.. t
Phase 1a r 4 a wa
x n* +.q. �x7a '+u- et xi. "" e `i "�,' F ¢A �$ .+s, $ '$ •Y'f
T
Pervious Surfaces a * �
+a n PLAY SURFACE: 1303 S
/° F
4 N' ' F
Lawn 8,847 28 i.
Planting Beds 517 2% <s ° F • ,� j,
Sand 4,283 13%
Play %
1,303
Total Pervious la surface 14,950
I
1.
Impervious Surfaces §
Asphalt - Parking 11,577 36%
Asphalt - Splash Pad 1656 5 SAND:4,283 SF
/° ;r
Paths 3,828 12% (13%)
Totallmpervious 17,061 53%
BS :
LAWN:8,847 SF
Il ii{i� (264)
it
g
t
' i. r 4 .e v�...., a {r �^—titre y ,y� •�
SPLASH PAD,.IAS SF
� • � �SYb) Y` r .r.
I
a { L
�k l» i • Fes. � �. ,�—,..—. _u.+ +�9 ' �.
=^r PLANTING BEDS:517 =
m .
11 ! ti
Pervious/Impervious Surface:
Master Plan -`
*7�
Final Master PlanPC
Pervious Surfaces l '" �,pi�
a`'
Lawn 13,005 41%
Planting Beds 517 2% ;
Play surface 5014 16% j' f L4.
Total Pervious 18,536 58% e{q
LAWN: la,00ssF jj� t
Impervious Surfaces
Asphalt - Parking 7,042 p 22°/
Asphalt - Splash Pad 1656 5% f
Stone Dust931 3% I ' _� 4 PLAY SURFACE:
- 7 5,014 SF
Paths 3,890 12% �' (16%)
Total Impervious 13,519 42%1 '
9
17
"
'S SPLASH PAD:1,656 SF
w.
PLANTING BEDS:517 SfpqLnaER (STREET --
t1
Pervious/Impervious Surface: '
Existing SF % of Total
Phase Comparison Pervious Surfaces
Lawn 11,352 36%
Sand 5,355 17%
Total Pervious 16,707 52°/a
Impervious Surfaces
Asphalt- Parking 11,577 36%
Paths 3,674 11%
Total Impervious 15,251 48%
Phase 1
Pervious Surfaces
Lawn 8,847 28%
Planting Beds 517 2%
Sand 4,283 13%
Play surface 1,303 4%
Total Pervious_ 14,950 47%
Impervious Surfaces
Asphalt- Parking 11,577 36%
Asphalt-Splash Pad 1656 5%
Paths 3,828 12%
Total Impervious 17,061_
Final Master Plan
Pervious Surfaces
Lawn 13,005 41%
Planting Beds 517 2%
Play surface 5014 16%
Total Pervious 18;536 58%
Impervious Surfaces
Asphalt-Parking 7,042 22%
Asphalt-Splash Pad 1656 5%
Stone Dust 931 3%
Paths 3,890 12%
1'll - Totallmpervious 13,519 42%
. a
Soil Removal Estimate
Soil Removal - Phase 1 I
SF of area Depth Quantity CF of volume CY of volume
Splash Pad 1656 1 1656 61 .3
j Paving 2675 5/6 2229 82.6
Play surface 1303 1 1303 48.3
In-ground vault 41 8 1 1 321 1 .2I
Fence posts 0.7851 4 201 631 2.31
Total Soil Removal 5283 195.7
Soil Removal - Phase 2 1
SF of area Depth Quantity CF of volume CY of volume I
Lawn 7,800 3 23400 866.71
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�Total_SoiI-Removal 23400 866.71
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• Does not drain to Splash Pad area ° y
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PALMER STREET
Grading: L-77
Phase 1 Proposed
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• Proposed splash pad is at a higher elevation than surrounding areas
• Path will drain away from splash pad
• Splash pad area will drain to a 2' diameter area drain in center
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PALMER 'STREET
r,�coeo�r
CITY OF SALEM
CONSERVATION COMMISSION
Salem Conservation Commission
978-619-5685
Will hold a public hearing for a Request for Determination of Applicability under the Wetlands
Protection Act MGL c13 1§40 and Salem Wetlands Protection&Conservation Ordinance for City of
Salem, 93 Washington St, Salem MA. Purpose of hearing is to discuss proposed construction of a
splash pad and associated improvements,including remediation of unsuitable soils,at Mary Jane Lee
Park(41 Palmer St). Hearing will be 9/25/14 at 6pm in City Hall Annex,3rd floor conference room,
120 Washington St.
Please print legal ad on:
September 18, 2014
Please remit bill to:
Tom Devine
Department of Planning& Community Development
120 Washington Street, 3`d floor
Salem, MA 01970
978-619-5685