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15 PARALLEL STREET - CONSERVATION COMMISSION �D� �� dal CITY OF SALEM t' CONSERVATION COMMISSION 'IIVL-UIQ July 16, 2008 Mr. Matthew Merritt 15 Parallel Street Salem, Massachusetts 01970 Re: Determination of Applicability 15 Parallel Street, Salem,Massachusetts Dear Mr. Merritt: Enclosed, please find the Determination of Applicability for the above referenced project. Following the 10-day appeal period (as of July 25, 2008), you may proceed with your project. This Determination is good for three years from the date of issuance, July 16, 2008, except in Areas Subject Protection as stated in the Wetlands Protection Act under MGL c. 131, Section 40. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, Carey Ddques Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection r 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 Matthew Merritt Megan Kelly _ return key. Name Name 15 Parallel Street 15 Parallel Street rm Mailing Address Mailing Address Salem MA 01970 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: Title Date Title Date Title Date 2. Date Request Filed: June 19, 2008 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 a 24'X 10' deck on the side of existing house with one stairway and a 8' overhead above the side door. Four concrete footings have been installed to support the deck and overhead. the project is approx. 30' upland of the highwater line. Project Location: 15 Parallel Street Salem Street Address City/Town _Map 23 Lot 142 Assessors Map/Plat Number Parcel/Lot Number naform2.dcc•Determnalion of Applicability•rev.101WU 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 wpaform2.aoc•Determination of Applicability•rev.10/6/04 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. wpafcrm2.doc•Determination of Applicability•rev.1016104 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 Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality P Y 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 2u.' i �P Z Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see http://www.mass.gov/dep/about/region.findyour.htm)and the property owner(if different from the applicant). Signatures 1 at Cnd July I Cl 2008 Date wpaform2.4oc•Determ nation of Applicability•rev.1015104 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.goy/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 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. vvpaform2.boo•Determination of Applicability•rev.10I6IW Page 5 of 5 1 ZION )1970pl 7007 1490 0002 3077 0788 1mmt - . f- . . - - - . 2►F�PbHCa., I » s" g N uwrFo _.. _. { ,t•. Fn M / 0 w �1 f 0 N UN Mr. Matthew Merritt v 1,5 Parallel Street - c �O• > Salem, Massachusetts 01970 0 .. _• NCS _ Pdftm ID OO � o b o m AUG 0 5 2008 I I' UNITED STATES POSTAL SERVICE First-Class Mell I Postage&Fees Paid I USPS I Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box I 1 I Salem ConSONahOn Commission I 120 Washington Street,3rd A Salem,MA 01970 I � i I I I I I SENDER: COMPLETE THIS SECTION rOMPI ETETHIS-1ECTION ON DELIVERY f ■ Complete Items 1,2,and 3.Also complete #gn hem 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. P red Name) UYof Delivery ■ Attach this card to the back of the mailpiece, 1 u0or on the front if space permits.1. Article Addressed to: mss rydifadd from hem 17 ❑Yes tlelivery atltlress below: ❑ No The Commonwealth of Massachusetts Department of Environmental Protection I Northeast Regional Office I I 205B Lowell Street 3. Service Type Wilmington,MA 01887 17 Certified Mall ❑Express Mail ❑Registered ❑Return Receipt for Merchandise -- - —-• - ❑Insured Mall [3C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 707 1490 00172 3077 0801 (Transfer fmm service labeq PS Form 3811,February 2004 'Domestic Return Receipt 102595-02-M-1540 ;` 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 R k,G U_ Important: When ruing out 1 /applicant: JUN 1 9 2008 forms on �tl computer,tenuse NamD€P'i. OF PLANNtN(i A Name only the tab key e E-Mail DE%21EL7Dkk NT to move your 1) cursor-do not Maiming Address use the return -tc) key. City/Town State Zip Code I�1 -Ac - 19 8� 1ad Phone Number Fax Number(if applicable) 2. Representative (if any): Finn Contact Name E-Mail Address Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) B. Determinations 1. I request the sct /per 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. tyl c. whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act. El 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: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaformi.doc•rev.07114/04. Page 1 of ^v 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 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): i,5 PsQ 01 S�. "A�m Street Address City/Town Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): c. Plan and/or Map Reference(s): Title Date Tdle Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if//necessary): Icy AP � S��� on Je O� w r� O/7e E�4/II c+,+N� / t O✓'er�L'ccJ- ett.�boe ;Je »Y/ y COhLY°K trv�'f r �G SuWar l deck Qi ave` heti r v,aformt.tlec•rev,07/14/04. Page 2 of 4 d Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City(Town WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) J. 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 8/11/96 ❑ 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.) vryaforml Aoo•rev.07114104. Page 3 of 4 LIMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 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 (see Attachment)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: Name �5 Mailing Address J(3k S 1 City/Town ml�\ 0�a1 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. /g4 6 /4 'Signature of Applicant Date Signature of Representative(if any) _ Date v atormt dtl -rev.07/14/04. Page 4 of 4 , CITY OF SALEM CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a public hearing for a Request for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of Matthew Merritt. The purpose of this hearing is to discuss the construction of a deck located within the buffer zone of a Bordering Vegetated Wetland at 15 Parallel Street. This hearing will be held on Thursday, July 10, 2008 at 6:00 p.m. in Room 313, third floor at 120 Washington Street. Kevin P. Comacchio Conservation Commission Chairman Please run legal advertisement on: July 3, 2008 Please send bill to: Matthew Merritt 15 Parallel Street Salem,MA 01970 (781)710-7385 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands r WPA Form 1 - Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information t �, Important: 1. When filling out Applicant: JUN 1 9 2008 forms on a MntN mQt compputer,uler, use Name����l� DEPT OF PLANNHilC�k only the tab key 1 e P(lm�1o1 E-Mail"INI 1NITY DEVELOPWNT to move your cursor-do not Mailing Address use the return 3�m Mfg (!)\q� key. City/Town State Zip Code 8k__Vo - T3 RI) !ed Phone Number Fax Number(if applicable) 2. Representative (if any): 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 s5dem 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 workdepicted 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: 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.doc•rev.07/14/04. Page 1 of 4 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 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): lil RIMWO St. s \_am Street Address City/Tom Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): amt uA� OP h q�/ G, ,, l ne c. Plan and/or Map Reference(s): Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if//necessary): `QyYlml deck on si'cle OF L,/i 4 ooe Skj"P-Oay aril cc S: ` 6veAec%J a bbve L;ale �Cn2 vpaforml.doc•rev.07114/04. Page 2 of 4 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 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.) wpafcrml.dcc•rev.07/14/04. Page 3 of 4 LllMassachusetts 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 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 (see Attachment)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: Na ��rf_� MDr(\� Name tS ftyak\O\ Sk. Mailieeng^^Address �lA�= CityrFown m�\ o�ago 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. 4.� i 6 I t signature of Applicant Date Signature of Representative(if any) Date wpaforml.doc•rev.07/14/04. Page 4 cf 4 I UNITED STATES POST S • Sender: Please print your name, address, and ZIP #Ph this box • M Salem COnservaUOn COMMiSSion 120 Washington Street,3rd FI Salem,MA 01970 lAaktj 1N lihi,",IIL IAIIIIiL„„II,tilkidIL,iLifilIM„,ii It i SENDER: COMPLETE THIS SECTION . - IVERY IIS ■ Complete items 1,2,and 3.Also complete A S' at re Item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B.ZR1,1v y'(P I(lame) 1 .G�of Delivery ■ Attach this card to the back of the mailpiece,or on the front if space permits. D. ddress different from item 1? 0 yes 1. Article Atldressetl to: er delivery address below: 0 N zJQ iJ r 3. Service Type J901,1(1-7 Certified Mall 0 Express Mail `�ZZ11 t 0 Registered 0 Return Receipt for Merchandise t 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 yes 2. Article Number (17ans/er from service IabeQ 7007 :1490 0002 3.077 0719 Y Ps Form 3811,February 2004 Domestic Retum Receipt 102595-02-1e-15,40 City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received 3 o8 Amount Received Form of Payment Check ❑ Cash Client Information (S CASH PAYMENTS: client initials r❑a Sign Permit Application Fee N Conservation Commission Fee Payment received for what T❑`Planning Board Fee service? ❑ SRA/DRB Fee ❑ Old Town Hall Rental Fee ❑ Other Name of staff person receiving payment �✓ChIL Tao✓w v.z Additional Notes r I It a.�..�,r.v,�e•^.R�r�Y,w�,^ ':5•'� `�'"Yax'+*'�+8t'�'�.'."'."" d a. v"" '�.` �" 6w « �,w,.,,t...s:..+aµ ...w-+�=' m.„w.»-t:�...�+..e,..c ,� a t .<„«� 9�o"w... ...e bwww zw ,�a3 .�.i++” Z a" 276 r 4 JL1egaN C Kelly v t. �4. 15 Paradet St ©8 ca iviia nu; ,R * Sa1rKt,✓Nv, 01970 :1 Oete i� of Saam si 5:00 x Order.of �� t - QrS y s oo/o'a ooner:. - „ e gankofAmerica x %I '�"PJT011M1U %I ,r J1 For 1:0 i 1000 1381: 0046009406181100 276 Original Check and Form: DPCD Finance Copy 1: Client Copy 2: Application File