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1 PEABODY STREET - CONSERVATION COMMISSION Wendy's- 1 Peabody St. T Determination of Applicability 31: CHIC 10-99 DP!Poe Na (io be p,wded by DPP') Fora 1 OgyR.m Salem AppYo•t COODnY/alth --- of ltassacbcsetts Request for a Determination of Applicability Massachusetts Wetlands Protection M4 G.L c. 131, §4Q- 1. Z, the uadsraigaed, hereby request arab re est that the Salem conservation commies;on make a determination• as to whether thaw described below, or work to be pertormsd:on-/aid•area,. also descs ikwk is subject to the jurisdiction of the wetlands Protection Act, G.L- 540. plans, if necessary, or s ' to < 2. The area is described as follows. (Use maps P provide a description and the location of the area subject to this regce/t.a Location: street Address Lafayette and Peabody Street Lot Number: Corner Lot #1 Peabody Street Salem Assessor's Map 34, Lot 434A 3. The work in said . area is described below. (Use additional paper, if ` necessary, to describe the proposed work. ) — Demolition of existing commercial structure approximately 85 feet from South river Basin. All work done away from Basin Brook, haybales installed along property line to prevent infiltration of silts and debris. Rubble to be hauled away immediately in trucks. 1-1 Effective 11/10/89 mos 4. The owner(s) of the area,' if not the person making this request, has been given written rotificatian cf this request on January 31 , 1.996 (date) The name(s) and address(es) of the owner(s) : Waterfront Realty Trust Peter T. True, Trustee 181 Massachusetts Avenue —— Boston, MA 02115 !*5. I have filed a complete copy of this request with the appropriate re office of the Massachusetts Department of Environmental Protection February 1, 1996 (date) DEP Northeast Regional office DEP Southeast Regional Office 10 Commerce way Lakeville Hospital Woburn, HA 01801 Route 105 Lakeville, HA 02347 DEP Central Regional office DEP Western Regional Office 75 GzD!-,3 street state Ho,,se we3t. 4th Floor hotce-tec , MA 01605 436 Dwignt etreeL Springfield, MA 01103 6. I understand that notification of this request will be placed in &% loealoo. newspaper at my expense in accordance with section 10.5(3) (b) 1 of the regulations by the conservation commission and that I will be billod-- accordingly. Siqnatu z" Name John R. Keilty, Esquire Addr ae 40 Lowell Street, Peabody, MA 01960 Tel. (508) 531-7900 1-2 Water Front Realty Trust Corner of Peabody and Lafayette Streets Building Demolition Project Special Conditions 1 . Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 2. Equipment servicing and overnight equipment storage must be conducted outside the buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants. No vehicles are to go beyond the haybale barrier at any time. 3. * No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 4. During construction, no debris, fill, or excavated material shall be stockpiled within the buffer zone. jm\tk\wendyspc Water Front Realty Trust Corner of Peabody and Lafayette Streets Building Demolition Project Special Conditions 1 . Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 2. Equipment servicing and overnight equipment storage must be conducted outside the buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants. No vehicles are to go beyond the haybale barrier at any time. 3. * No spill or discharge of petroleum products or other pollutants will occur within 100 feet of any wetland resource area. 4. During construction, no debris, fill, or excavated material shall be stockpiled within the buffer zone. jm\tk\wendyspc P -070 324 971 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to b e? Street a�nEd No. P.O..State and ZIP Code r� e` 0 80 Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N a Return Receipt showing whom, Date.and Address of Delivery d j TOTAL Postage and Fees S p Postmark or Date is E 0 LL N 6 STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. It you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date, detach and retain the receipt,and mail the article. 3. II you want a return receipt,write the codified mail number and your name and address on a return receipt card.Form 3811,and attach it to the front of the article by means of the gummed ends if space per- mits.Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED ISI adjacent to the number. I 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. l 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return l receipt is requested,check the applicable blocks in item 1 of Form 3811. I6. Save this receipt and present it if you make inquiry. a U.S.G P 0.1988-217-132 ' P ,070 324 899 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to V; (z / Z Street andN /t/ '7 U- P.O..State and ZIP Code Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered u W Return Receipt showing to whom. Date,and Address of Delivery v TOTAL Postage and Fees S Postmark or Date E `o LL V) R STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (sea front) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address on a return receipt card,Farm 3811,and attach it to the front of the article by means of the gummed ends if space per- mits. Otherwise, affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If return receipt is requested,check the applicable blocks in item t of Form 3811. 6. Save this receipt and present it if you make inquiry. o U.S.G.P.O.1988-217-132 I P ,070 324 903 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to,. Street and No. yJ /$Am// P.O-,Stale andZIP Code e'gl u Oly6� Postage S Certified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered N Return Receipt showing to whom, Date,and Address of Delivery d j TOTAL Postage and Fees S p Postmark or Date E `o LL H (1 fSTICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE, l CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(sea front) 1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving the receipt attached and present the article at a past office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of the article,date,detach and retain the receipt,and mail the article. 3. If you want a return receipt,write the certified mail number and your name and address an a return receipt card.Form 3811,and attach it to the front o1 the article by means of the gummed ends if space per- mits. Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED adjacent to the number. 4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse RESTRICTED DELIVERY on the front of the article. 5. Enter fees for the services requested in the appropriate spaces on the(rant of this receipt. If return receipt is requested,check the applicable blacks in item 1 of Form 3811. 6. Save this receipt and present it if you make inquiry. <U.S.G.P.O.19BB-217-132 • SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the ''RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and the date of delivery. For additional tees t e ollowing services are available. ansult postmaster for fees and check boxlesl for additional servicelsl requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number �e+pt TV„e.hs. "P 6-)0 32Y OW Type of Service: At/C- .,. LJ Registered L1 Insured ❑ Certified El COO 'ren �p5'bOh V 1' l0. 6 Z 1 l5 ❑ Express Mail ❑ Return Receippt for Merchandise Always obtain signature of addressee r agent and DATE DELIVERED. 6. Signa r — see�� ���$ e dessted and fee paid)dress if X, S' - urs} ge = X 0 NVP 6e i 7. D of Delivery •�, c� W d PS Form .ILAA 989 U.S.G.P.G.1989-- - 5 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS .CE,O �d SENDER INSTRUCTIONS O F`� Print your name.address and ZIP Code In the apace below. ^ • Complete items 1,2,3,end 4 on the reverse. O.S.MAIL • Attach to front of article if space -� permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested" adjacent to number. RETURN Print Sender's nnaame, address, and ZIP Code in the space below. TO SIA i LJ{ e clZvn TK nue 5m-col Gywc-10 SoVevvx VV10. 01G16 AIti:f,Ifi,1111H,iI%JI J;, Illi„i,i r ® SENDER: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the "RETURN TO'' Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return receipt fee will provide you the name of the person delivered to and the date of deliver . For additional tees the following services are available. Consult postmaster for fees and c eck boxles or additional service(s) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number Sohr, l2 l+.y �s� 010 3Zy 903 Type I Type of Service: 40 �,Ow �l 5A' 4e� El Registered L1 Insured Certified 1:1 COD �j ❑ Express Mail ❑ Return Receipt MA o ,-{�'1U for Merchandise (/ Always obtain signature of addressee or agent and DATE DELIVERED. 5. ture — A essqq 8. Addressee's Address (ONLY if requested andfee paid) ignal6 44k� ture — e t X 7. Date of Delivery If PS Form 3811, Apr. 1989 �U.S.G.P.G.1989-238-815 DOMESTIC RETURN RECEIPT w 4* S ES _ UNITED STATES POSTAL SERV OFFICIAL BUSINESS '` 3 n n SENDER INSTRUCTIONS y Print your name.address and ZIP Cad in the apace below. ■ he • Complete Rama 1.2,3,and 4 on the U.S.MAIL • reverse. �Q Attach to front of article If apace permits, otherwise affix to back of ' article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO �1�aI )F nayvtn , �ar\nlnt �ra� -Vr— she Se.`etnn Greek welvap SceHA IMA 0A-70 flD� fill 111111111111111111111111fill]1111111ItIlil111tl,tltltltitt SEND,-R: Complete items 1 and 2 when additional services are desired, and complete items 3 and 4. Put your address in the"RETURN TO" Space on the reverse side. Failure to do this will prevent this card from being returned to you.The return recei t fee will rovide ou the name of the erson delivered to and the date off deliver For additmnal ees t e allowing services are available. onsult postmaster or fees and C ech k boxlesl for additional servicelsl requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. Article Number N,��kcak-`Zz� OFi 0-70 32-9 G-1 Type of Service: ❑ Registered ❑ Insured lA r1 vN Q Certified El COD I M/} 090 r1a Express Mail ❑ Return Receipt I w0�ovcrn ( " t p� for Merchandise If ' FER P—MVays obtain signature of addressee or agent and DATE DELIVERED. 5. Signature — Addresse ressee's Address (ONLY if XQ� requested and fee paid) 6. Signature — Agent 4�'s X 7. Date of Delivery I� PS Form 3811, Apr. 1989 +U.S.G.P.O.1989-238-815 DOMESTIC RETURN RECEIPT .I UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your nems,address and ZIP Cade In the space below. • • Complete Items 1,2,3,and 4 on the � reverse. USO • Attach to front of article if space permits, otherwise affix to back of article. PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested"adjacent to number. RETURN Print Sender's name, address, and ZIP Code in the space below. TO 11 G �t 0 S. P. 6v1 I h U < . �t 310 cHR 10.9 9 DPP File No, (To be provided by DEP) Form 2 SALEM Qky/reIRIVIII Appt of�aohuaetta Dust wi e Negoed F&3 91 Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, 540 From Salem Conservation Commission Issuing Authority ToName of propert owner) (Name of Person ma ane request) ( y Address 181 Massach SPFr •d.,o Address Boston, MA 02115 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, S40, theCom isc;on has considered your request for a Determination of Applicability and its sup- porting documentation, and has made the following determination (check whichever is applicable) : Location: Street Address Corner of Lafayette and Peabody SFrPPtc Lot Number: This Determination is positive. 1. ❑ The area described below, which includes all/part of the area described in your request, is an ding, dred in t to Por fection altering under the Act. that area Therefore, any removing, dredging. requires the filing of a Notice of Intent. 2. ❑ The work described below, which includes all/part of the work described in your request, Ss 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 3. ❑ The work described below, which includes all/part of the work, described in your request, is within the suffer 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 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 ActTharefors, ai�d`work doeebut willnnot require the fiot remove, fill, linggof aralter that Notice f Inarea. nt. 3. M[ 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 seats the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: issued by Salem conservation commission signature(s►� " v This Determination ust be signed by a majority of the conservation commission. on this f day of f�le /C y 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 dead. o /A7 Notary Public My commission Expires This Determination does not relieve theapplicant from coaplying with ell other applicable federal, state or local statutes, ordinances, by-ts" or regulations. This Determination shall be valid for three Years from the date of issuance. The apPliemt, the owner, any person aggrieved by this Determination, any owner of lend abutting the land upon which the Proposed work is to be done, or any ten residents of the city or town in which such lard is* located, are hereby notified of their right to request the Department of Environaentel Protection to issue a Superseding Determination of Applicability, providing the request is once by certified veil or hand delivery to the oeparteent, with the appropriate tiling 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 �i 3. ❑ The work described below, which includes all/part of the work described in your request, is within the suffer zone as defined inthe regulations, and will alter an Area subject nt the Act. Therefore, said work requires the filing of a Notice of Znte 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 area. Therefore, said work does not require the filing of a Notice of Intent. 3. ❑ The work described in your request is within the suffer zone, as defined tin the he Act. g lations, bee d work does alterut will not of requireuthect to fifiling o£ atunder eOf 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 ie required: issued by the Department of Environmental Protection Signature day of 19 before ma on this , instrument, an To me known to be the per onally appeared parsson described in, and who executed, the foregoing ted the same as hie/her free act and deed. acknowledged that he/she execu Notary Public my commission Expires This superseding Determination does not lawseor regulations- three This Superseding comptying th Sit other Determinationshotbe valid r for state or local statutes, ordinances, by three years from the date of issuance. TM applteant, the owner, any person aggrieved by the superseding Determination, any C. of land abutting the lard upon whch the proposed work is to be done, or any ten persons pursuant to G.L. C. 30A, 47011, an hereby hearingjudicatory t an ad to � the roMmost itietto rht and Feesmmods M certifid mailor and delivery to the Departmenttwththe appropriate providing Transmittal Fors so provided in 310 CHR 10.03(7) within ten days from the date of issuance of this Superseding Determination, and is addressed to: Docket Clerk, office of General Cosset, Department of Enrvi roan at protection, One winter street, Boston. NA 02708. A mops io the the applicant, and any otherpat at the so= rty sant by certified mail or hand delivery to the coraarvatian commission, A Notice of t or for el very to the Nearing shall comply with the Department's Rules for AdjudicatarY Proceedings, 370 DNR 1.07 A and shall contain the followine information: (a) the DEP wetlands File Number, nurse of the applicant, and address of the project: if represented by (b) the complete name, address and telephone rssebor of the party filing he party filingthe request. and 'counsel, the me and address of the attorney: (c) the names and addresses of all other parties, if known: (d) a Clear and concise statement of (1) the faits specifieallych' are � forthein which (is stlegsd to be to this Superseding Determination, including apsehe Inconsistent with the Department's WetlandsiRcegui ally i^ons^:�N desired in td ( Superseding fDet t pfnatlonh the adjudicatory hearing, inCludirg spas (e) a statement that a copy of the request has been sent to the applicant, the eonaervst ton commission and each other party or representative of such party, if known.Failure to submit all necessary may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Nearing. 2-2s 310 CHR 10.9 9 DNP Fik Nm I l Form 9 (Io be prwrded by DFP) SALEM citf/i'bwn Apphoist Waterfront Realty Trus- Commonvealth Of Massachusetts Enforcement Order Maasachusetts Wetlands Protection Act, G.L. c. 131, 540 FrSalem Conservation Commission Issuing Authority om To Water Front Realty Trust, Peter True, Trs. Date of Issuance January 29, 1996 Property lot/parcel number, address 1 Peabody St. Lot 1434 Salem Assessors Salem, MA 01970 Map #34 Extent and type of activity: �zw�e����e v, c'F •2�('SrS�rnC The Salem Con. Comm. has determined that the activity described above is in violation of the wetlands Protection Act, G.L. C. 131, 540, and the P.®uulations promulgated pursuant thereto ?10 CSR 10.00, because: sa-d activity has been/:s being cor.duct_c. wi::xut s valid order o`_ conditions. ❑ said .activity has been/is being conducted in violation of an order of conditions issued tc dated File number condition number(s) ❑ other (specify) The Salem Conservation Comm. hereby orders the following: The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. ❑ wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. Effective 11/10/89 9-1 Issued by the Department of Environmental Protection ❑ completed application forme and plans as required by the Act and Regulations shall be filed with the (date) , on or before and no further work shall be performed until a public hearing has been held and an order of conditions has been issued to regulate said work. Application forms are available at: ❑ The property owner shall take every reasonable step to prevent further violations of the act. ❑ other (specify) Failure to comply with this order may constitute grounds for legal action. Massachusetts General Law& chapter 131, section 60 provides: Whoever violates any pzovision of this section shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years or both. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement order should be directed to: issued by signature(s) (signature of delivery person or certified mail number)' 9871AING RIGHTS You are heroes notified of your right to an adiudicstory hearing under the Massachusetts Administrative Procedure Act, G.L. chapter 30A, Section 10, regarding this Enforcement Order. In iceoce of CLa tim for with the Dgmrtarnt'a pules for the Corduct of Ad)udicero tory Peeedi es 310(21) dssy1.00,thesdats off issuance of this Adjudicatory Nearing must be fited in rritine within twenty- for the proceedings and the Enforcement order; mat is ttthel.�'�'^d16offlinpyfeaeaM feefacts wTrarreitulich are roFonu as provided in 310 oat rolief sought; must 10.03(7); and ant be addressed to: Docket Clerk Office of General Counsel Department of Environmental Protection one winter street, 3rd floor Boston, Massachusetts 02108 A copy of said Notice of Claim must be sent to the appropriate reginal office of DEP 9-2a Issued by Salem Conservation coo®fission Ke completed application forms and plans as required by the act and Regulations shall be filed with the Salem Conservation Comm. on or before 2/9/95 (date) , and no further work shall be performed until a public hearing has been held d an order of conditions has been issued to regulate said work. Application forms are available at: City of Salem Planning Dept. , 1 Salem. Green The property owner shall take every reasonable step to prevent furth em, MA 01970 violations of the act. ❑ other (specify) Failure to comply with this order may constitute grounds for legal action, Massachusetts General Laws chapter 131, section 40 provides: whoever violates any provision of this section shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years or both. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement order should be directed to Tom Keough city of Salem 508-745-9595 ext. 311 Issued by Salem Conservation Commission signature(s) (Signature of delivery person or certified mail number) 9-2b