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9 POPE STREET - CONSERVATION COMMISSION l9 Pope St.- Reg. for Det. _� t - �; i 1 31 J CHIC 10-99 DPP Poe Na (To be pmvlded by DEP) Fora 1 Cay/1'owo 5�l.6 n� AppYm� K��LNeTG•! Sr�/stJN(]s?ak'., Commonwealth -- of Nassachvsetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L c. 131, SW 1. I, the undersigned, hereby request that the CIT- Conservation It` O P Conservation coamiss;on_ make a determination, as to whether thea described.below;-or work to be-performed.nm:said,.area, also descr is subject to the jurisdiction ofithe Wetlands Protection Act, c.L._ 1 'i 560. - 2. The area is described as follows. (Use maps or plans, if necessary,' Los • provide a description and the location of the area subject to this request-4 E4 Location: street Address L101- Lot .OTLot Number: 3. The work in said . area is described below. (use additional paper, if- necessary, to describe the proposed work. ) =- S(T� Aq(ZIIOkTkor-i i62 `�)2j= ??M to kFo�s� U'T"t T�/ w O2 V. 1-1 Effective 11/30/89 4. The owner(s) of the area, if not the person making this request, has been given written notification cf this request on _(date) The name(s) and address(es) of the owner(s) : 5. 1 have filed a complete copy of this request with the appropriate office-ofth4ma sac IG, 1995 husetts Department of Environmental Protection 4Pa)t (data) DEP Northeast Regional office DEP Southeast Regional office,. 10 commerce way Lakeville Hospital Woburn, HA 01801 Route 105 Lakeville, NA 02347 DEP Central Regional office DEP Western Regional office 75 c:xo!•e Street State Hot+se west. 4th Floor Hoxceater, :7A 01605 436 Lwignt etreeL Springfield, MA 01103 6. I understand that notification of this request will be placed in szaOai3i _z newspaper at my expense in accordance with Section 10.5(3) (b) 1 of>"thax regulations by the Conservation commission and that i will be bilFidv" accordingly. Signatu a Name ILS FEZ Ik G. STtyutJ�"I(i'-� Address , S V(lt-r14f ST" Tel. MYNA'-Su-z-Ukkv� / KI Ps' 1-2 SENDER: Complete items 1 and 2 whAnladditional 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 erson delivered to and the date oIll very. For additional fees the following services are available. or, F postmaster for fees and checor additional services) requested. 1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery (Extra charge) (Extra charge) 3. Article Addressed to: 4. rticle Number � dl S/2GLc�h t�a O 1 3 // � Type of Service:1 �(rL[/Q ❑ Registered R❑ Insured ❑ Express ❑ COD Express Mail ❑ Return Receipt for Merchandise Always obtain signature of addressee or agent and DATE DELIVERED. 5. Sign ressee 8. Addressee's Address (ONLY if X requested and fee paid) 6.X Sig p h9�vu ' 1 0 7. D gf Dteliaery f� �5 PS Form 3 prowg . . .P.O.1989-238-815 DOMESTIC RETURN RECEIPT UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS li=L IV Print your name,address and ZIP Code p� In the space below. JUN 1 1y95 • Complete items 1,2.3,and 4 on the � reverse. U.S.MAILO • Attach to front of article if space permits, otherwise affix to back of rtw ting IUept. article. 3arem PENALTY FOR PRIVATE • Endorse article "Return Receipt USE, $300 Requested" adjacent to number. RETURN Prin Sender's name, address, and ZIP Code in the space below. TO • 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 li from being returned to you.The return receipt fee will rovide ou the name of the erson delivered to and the date of deliver . For additional fees the following services are available. onsult postmaster or end and check box(es)for 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 �EIP b� 40r n� S�� Type of Service: ,/ ❑ Registered Ll Insured Certified ❑ COD Ll Express Mail ❑ Return Receipt forum Recut Always obtain signature of addressee or agent and DATE DELIVERED. 5. Signatu B. Addressee's Address (ONLY if COrM tMWW6%1fh Of Massachusetts requested and fee paid) 6. Sign R I r0 CtIOR x ,e , ��, , er Street 7. D of[D�1W0 *ssac use is 02108 � W� m t. PS For a�_i 989 ♦U.S.G.P..O.1989-238.815 DOMESTIC RETURN RECEIPT 'i r � I UNITED STATES POSTAL SERVICE I OFFICIAL BUSINESS SENDER INSTRUCTIONS Print your name,address and ZIP Cade in the space below. • Complete items 1,2,3,and 4 on the reverse. U.S.MAIL0 • 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 Cade in the space below. TO Al ,I IIL,,,,,ill,i„L„IIL„i,ILL„►LL,JI„I,J,I 310 CMR 10.99 DPP File Nm (Po be provided by DEP) Form 2 Qtyfro" SALEM ApWCM Kenneth Steadman commonwealth Dem Re9uan Pied Ap r i 1 19 , 1995 of lussachusetts Determination of Applicability Massachusetts wetlands Protectioa Act, G.L. c. 131, 540 Fr SALEM CONSERVATION COMMISSION Issuing Authority to Kenneth Steadman -- . Kenneth Steadman & Jam4','FFTvnn (Name of Person making request) (Name of property owner) Address 73 V' 11 aQP St Mar}.1 .I,o=a Address SAME This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) © by certified mail, return receipt requested on Mav 16 . 1995 (date) Pursuant to the authority of G.L. c.131, 540, the COMMISSTON has considered your request for a Determination of Applicability and its sup- and has made the following determination (check whichever porting documentation, is applicable) : Location: Street Address sa ,: Lot Number: This Determination is positive. 1. ❑ The area described below, which includes all/part of the area described is your request, is an Area subject the Act. Por talterin ection under that area an removing, filing, g Therefore, y 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 Notice of Znt nt the Act. Therefore, said work requires the filing of a 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 filTUnder theherefore, alter that ar Asaid-work doesct, but will not remove'not require thelfili filingofarNotice f Intent 3. ® The work described in your request is tgithin the suffer 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.* See attached special conditions dated May 11 , r1995 4. ❑ The area described.in your request is subject to Protection Under the Act, but since the work- described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of intent is required: - conservation commission issued by Signature(e)) —~ r• L•%�/t This Determination must be signed by a majority of the conservation commission. on this llth day of a _19 95 ,before me personally appeared the commission , to me known to be the person described in, and who executed, the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed. otary Public my commission Expires This Determination does not relieve the applicant from complying with all other applicable federal, state or local statutes, ordinances, by-tun or regulations. This Determination shall be valid for three years from the date of issuance- The applicant, the owner, any person aggrieved by this Determination, any owner of land abutting the land upon nAteh the proposed work is to be done. or any ten residents of the city or Lawn in which to such land is located, are hereby notified of their right ts the erequest s Deportment osede vbyoce oftedaL romeil nor herd adelivue a ery to Superseding Determination of ApplicsDilitY. providing fee and fee transmittal form es provided in 310 heR 10.03(me within ten Department, with the appropriate filing days from the date of issuance of this Determination. A Copy of the request shall at the creme time be amt W certified mail or hard delivery to the conservation commission and the applicant. 2-2A 3. ❑ The work described below, which includes all/part of the work described in your request, is within the Buffer Zone as defined in. the regulations, and willxes subject to Protection filing of a Notice of Intent.the Act. Therefore, This Determination is negatives 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, gf or rNotter that f Intent- Therefore, said work does not require the filing o 3. ❑ The work described in your request is within the suffer zone, as defined in the regulations, but will not alter an Area subject to Protection under., the Act. Therefore, said work does not iequire the filing of a Notice of Intent. 6. ❑ The area described in your request is subject to Protection under thieAct: but since the work described therein meets the requirements for-,the. following exemption, as specified in the Act and the regulations; no Notice of Intent is required: Issued by the Department of Environmental Protection Signature day of 19 before me on this to me known to be the personally appearedinstrument, and ' person described in, and who executed, the foregoing acknowledged that he/she executed the same as his/her free act and deed. Notary Public my commission Expires complying cable This Superseding Determination does not relieve theulati1ans^t This Superseding n Determination th sit other chant be valid r for state or local statutes, ordinances, by' three years from the date of issuance. the The applicant. the owner, arty person Aggrieved by the Superseding punuation, G.Lany.owe%30A,r of 1410AAnd I abuttingnW dui ch the ed work is to be done, or any P 10 roviding the request nerd upon ghaPaa hearing pursuant to G.L. c. 30A, 5 D . adjudicatory t an edd Fee right to r fits fee and notified of their g eta delivery to the Department. with Me appropriaN ng is eAde W certified mail or hard f this Superseding T raneef ttal Fore As Provided in 310 Cdgi 10.03(7) within tan of from the date of Departure e Determination, and is addressed to: Docket Clerk, Office of nereraeque� all etptha some, time be senttby Protection, one Winter Street, Boston. NA 02108. A copy certified mail or hand delivery to the conservation commission, the applicant, and any other party. A Notice of claim for an Adjudicatory wearing shall comply with the Department's Rules for Adjudicatory proceedings. 310 CMR 1.01(6), and s hall contain the following information: (a) the DEP Wetlands File Number, none .the applicant. and Address of the project: (b) the caplete nems, address and tetephae nmoar of the party filing the request, And if represented by towel, the roma and address of the attorney: (C) the names And Addresses of ell other parties, if known: (d) a clear end concise statement of (1) the fasts whieA'ficalore aY � for Mthe npr hit (2) the objections allsead to be to this Superseding Determination, including spec n wh inconsistent with the Department's WecladsiRegulations, (3104Rdesired.00) d ( Superseding relief Det�irorough the adjudicatory hearing, including spec (e) each statement tpthat a copy representative the stshas pebeen Sent to the Applicant, the conservation commission end rty Failure to submit ell necessary any result in a dismissal by the Department of the Notice of Claim for an Adjudicatory wearing. 2-28 it DETERMINATION OF APPLICABILITY F KENNETH STEADMAN 9 POPE STREET SPECIAL CONDITIONS MAY 11, 1995 1. All work shall conform to the above-referenced application, site plan and supporting documents and those final specifications which shall be filed with the Commission prior to construction. Any change made or intended to be made to the approved plans shall require the applicant to inquire of the Commission in writing whether the change is substantial enough to require the filing of a Notice Of Intent. 2. 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. 3. Upon completion of the project, the applicant shall submit, with the request for a Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts, stating that the site has been developed in accordance with the requirements of this Order of Conditions, the referenced site plan and supporting documents. 4. This Order shall apply to every successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans or part thereof. In the event this land or any part thereof changes ownership before or during construction, the current owner shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership and shall forward proof of this notification to the Commission. 5. Prior to commencement of construction activity, a haybale barrier shall be placed downgradient of construction to prevent siltation of the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited on the upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper functioning condition until all disturbed areas have been stabilized. 6. Additional erosion and sedimentation control measures deemed necessary by the Commission shall be instituted by the applicant. Any siltation caused onto any wetland or waterway area shall be promptly reported to the Commission. Such areas shall be restored to the satisfaction of the Commission. 7. During construction, no debris, fill, or excavated material shall be stockpiled within 100 feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent sediment from surface runoff entering wetlands. 8. Equipment servicing and overnight equipment storage must be conducted outside the buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants. 9. * Fertilizers used for landscaping and lawn care shall contain a low nitrogen content and be used in moderation. Pesticides and herbicides shall not be used within 100 feet of the resource area. * Ongoing conditions that do not expire upon completion of the project or issuance of a Certificate of Compliance. jmfbdhs dmm.epc DETERMINATION OF APPLICABILITY KENNETH STEADMAN 9 POPE STREET SPECIAL CONDITIONS MAY 11, 1995 1. All work shall conform to the above-referenced application, site plan and supporting documents and those final specifications which shall be filed with the Commission prior to construction. Any change made or intended to be made to the approved plans shall require the applicant to inquire of the Commission in writing whether the change is substantial enough to require the filing of a Notice Of Intent. 2. 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. 3. Upon completion of the project, the applicant shall submit, with the request for a Certification of Compliance, an affidavit, prepared by a professional engineer or land surveyor registered in the Commonwealth of Massachusetts, stating that the site has been developed in accordance with the requirements of this Order of Conditions, the referenced site plan and supporting documents. 4. This Order shall apply to every successor in control or successor in interest of the property described in the Notice of Intent and accompanying plans or part thereof. In the event this land or any part thereof changes ownership before or during construction, the current owner shall notify the new owner, by registered mail, of this Order prior to the transfer of ownership and shall forward proof of this notification to the Commission. 5. Prior to commencement of construction activity, a haybale barrier shall be placed downgradient of construction to prevent siltation of the adjacent wetland. Haybales shall be anchored with stakes and entrenched 4 to 6 inches in depth. Trench material shall be deposited on the upgradient side of the haybale barrier. Haybales shall be inspected daily; those showing signs of deterioration shall be replaced immediately. The haybale barrier shall remain in proper functioning condition until all disturbed areas have been stabilized. 6. Additional erosion and sedimentation control measures deemed necessary by the Commission shall be instituted by the applicant. Any siltation caused onto any wetland or waterway area shall be promptly reported to the Commission. Such areas shall be restored to the satisfaction of the Commission. 7. During construction, no debris, fill, or excavated material shall be stockpiled within 100 feet of designated wetlands. Any other stockpile location will be protected sufficient to prevent sediment from surface runoff entering wetlands. 8. Equipment servicing and overnight equipment storage must be conducted outside the buffer zone. Equipment must be maintained to prevent leakage or discharge of pollutants. 9. * Fertilizers used for landscaping and lawn care shall contain a low nitrogen content and be used in moderation. Pesticides and herbicides shall not be used within 100 feet of the resource area. * Ongoing conditions that do not expire upon completion of the project or issuance of a Certificate of Compliance. jmAdha d.w.epc JoN Cp�� �i Conservation Commission �9 Salem. Massachusetts 01970 3 03 r4 ear SCITY Y 01 54LFM. K S Of Fir CITY OF SALEM CONSERVATION COMMISSION REQUEST FOR A DETERMINATION OF APPLICABILITY The Salem Conservation Commission will hear a Request for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40, at the request of Kenneth Steadman. The proposed work, located in the Buffer Zone, at 9 Pope Street, consists of site preparation for proposed house foundation and utility work. The Request will be heard on Thursday, April 27, 1995 at 7:00 P.M., in the second floor conference room at One Salem Green. Fred ney�Xr Chairman April 21, 1995 This notice posted on "Official Bulletin Board" Ctty Hall Ave., Salem, Mass. on APR ��rd jm(bd/popead 23A A 3238 of M G.L. �with Chap' "ec' May 1, 1995 Conservation Commission. ' City of Salem, Salem;MA 01970 Dear Commission Members: Pursuant to the meeting on April 27, 1995, we are requesting a continuation of our hearing regarding Pope Street until May 11;.1995 in order to accommodate your requested site visit: Sincerely, �. j Kenneth Steadman ames Flynn i vis y - (b 313 CMR 10.99 DEF Poe Na (ro be prwnkd by DEP) Fora 1 Chy/fawe ApPOMMM Commonwealth of xassachosetts MW . . Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L c. 131, §W �Y 1. 1, the undersigned, hereby request that the G\T`I OF SO�Ic�M °=- conservation C—iss*on make a determination• as to whether thsaw _: described=below,.or, work to be performed om.said..area, also.descr ` is subject to the jurisdiction of the Wetlands Protection S60. -' - 2. The area is described as follows. (Use maps or plans, if necessaryitom • provide a description and the location of the area subject to this rsquest-:4 Location: Street Address Lot Number• LOT 3. The work in said . area is described below. (Use additional paper, ilJet;, necessary, to describe the proposed work. ) 1-1 Effective 11/10/99 �esm- e of the area if not the person making this request, has been 4. The owner(s) P 9 4u ' ten notification cf this request on date) given writ �Iu The name(s) and address(es) of the owner(s) : x 5. 1 have filed a complete copy of this request with the appropriate re r office of thepssachusetts Department of Environmental Protection (date.) err , DEP Northeast Regional office DEP Southeast Regional office 10 Commerce way Lakeville Hospital Woburn, MA 01801 Route 105 Lakeville, HA 02347 _ DEP central Regional Office DEP Western Regional office 75 Gio!•e :street State Hn,,se west. 4th Floor wotce=ter, HA 01605 436 Lwignt etreet Springfield, MA 01103 6. I understand that notification of this request will be placed in aX­Yoa €-_: 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 billed t accordingly. signet Name 1CaA1t.1tT� F G ST�P��MPr( Address 13 �Ill /aCtE ST Tel. 1-2 Y • era 1/3/95 ' FOUNDATIONS & .RGA--, —_PWR 2 1/17/95 PROPOSED i,,T !TIES,CON?OU,�S qWR ! Y, \ 30,49,'581, � LOT NO. ! DATE OESCRhPTION g Jl � 29 , 196 + - S. F. ; 46 42 It B u `16 a .r �' RAt P1. G fC - "'` ? Wit"Am T+ ` REC H' v Rc zs�zz URY 30, 32 PROPOSED / 4 QVC '6. g ^ 1 34 SEWER 1 7 ti v PA t �f4" / � 'f�, � .34 v � ) COPPER 32 GRAPHIC SCALE 20 w z \� 75'1 � I P �5, — -_•,� /_�I �1 \ �� �__J 28 1 Inc{N FEET ft 14 6.89' — N 3'34" E lZ SALEM , MASSACHUSETTS --- '� PROPOSED ` ` L" r, -� OF L " N D r t�. - A F� E D F(-, r� POPE STREET NOTE: THERE ARE A TOTAL OF POPE STREET REALTY TRUST FOUR DWELLING UNITS. EACH UNIT HAS ONE PARKING IN A GARAGE AND ONE PARKING IN FRONT OF REOLANDSIJR�(oEYORS ' R THE BUILDING. 365 CHATHAM STREET L i LYNN , V,.ASSACHIJSETTS R94-0/2 DATE: APRIL 17, ? 995TSCIAILE: 20' 7 I, „ llt ■b � IiliNll ' - pool. fY�ysa y 713195 �iuNDATGNS & ROADRVIR 1119, 'r v OSED L rlL: lF_S,CGIv OURS RN!R� 36 4g 5 ✓'vim �-- — r —— — ' h N • 1.1 NO. DA TE (� , ` I j DESCRY'74N � B r es _ 2. 9 , 195 + -- SJ 46 42 i i - ,P kA�PH lro yam— No 29422 HI e GIs 3,p f'�1 .� PROPOSED 1 4- PV'0 Y;%i/ 3� oc \ 1 SEWER MAN110 PA 1 3;'4- 34 � 1 DRIPS COPPER j A 32 CN j .� �= 7J l ,! �� �;f} GRAPHIC SCALE W 1 I 3Q4.dd' 0 10 20 40 34 1 R 15'( • R a ,5 / l ' 2B IN FEET ) i ✓ 6.89 / / i �--J i inch 20 4t. i N 3'34" E SALEM MASSACHUSE . f i ------------------ PROPOSED y� SEA ( _sEW_ AN,ct PLAN J OF I LAND PREPARED POPE STREET NOTE: THERE ARE A TOTAL OF POPE STREET REALTY TRUST FOUR DWELLING UNITS- EACH UN,HAS ONE PARKING IN A GARAGE AND ONE PARKING IN FRONT OFREID LAND SIIKVEYORS R THE BUILDING. 365 CHATHAM SREST L LYNN, MASSACIIH _ 77S R94- 072 DATE: APR"L : .- SCALE: t��'