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
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a Return Receipt showing whom,
Date.and Address of Delivery
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j TOTAL Postage and Fees S
p Postmark or Date
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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.
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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
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Date,and Address of Delivery
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TOTAL Postage and Fees S
Postmark or Date
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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
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Postage S
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
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Return Receipt showing to whom,
Date,and Address of Delivery
d
j TOTAL Postage and Fees S
p Postmark or Date
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(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
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Type of Service:
At/C- .,. LJ Registered L1 Insured
❑ Certified El COO
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for Merchandise
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6. Signa r — see�� ���$ e dessted and fee paid)dress if
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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.
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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
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5. ture — A essqq 8. Addressee's Address (ONLY if
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PS Form 3811, Apr. 1989 �U.S.G.P.G.1989-238-815 DOMESTIC RETURN RECEIPT
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UNITED STATES POSTAL SERV
OFFICIAL BUSINESS '` 3
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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.
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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
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Type of Service:
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w0�ovcrn ( " t p� for Merchandise If
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or agent and DATE DELIVERED.
5. Signature — Addresse ressee's Address (ONLY if
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6. Signature — Agent 4�'s
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7. Date of Delivery I�
PS Form 3811, Apr. 1989 +U.S.G.P.O.1989-238-815 DOMESTIC RETURN RECEIPT
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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
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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