SOPHIA ROAD - CONSERVATION COMMISSION Sophia Road
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Form 2
DEOERIeNo. --�
_(robeprovidedby DEOEI
Commonwealth cieyrrmn
of Massachusetts Michael J. Pennell
Applicant
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L.c.131, §4o
From SALEM CONSERVATION COMMISSION - Issuing Authority
To Mr. Michael J. Pennell same
(Name of person making request) (Name of property owner)-
50 Warren Street, Peabody Sophia Road, Lot 1
Address Address
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
U by certified mail,return receipt requested on May 23, 1984 (date)
Pursuant to the authority of G.L.c. 131, §46,the SALEM CONSERVATION COMMISSION
has considered your request for a Determination of Applicability and its supporting documentation,and has
made the following determination(check whichever is applicable):
This Determination is positive:
1. ❑ The area described below,which includes all/part of the area described in your regciest,is:aii•Area
Subject to Protection Under the Act.Therefore,any removing,filling,dredgfpg o$altpring o that;
area requires the filing of a Notice of Intent. r,
2. ❑ The work described below,which includes all/part of the work described in your request,is within.
an Area Subject to Protection Under the Act and will remove,fill,dredge or alter that area,There-
Iore,said work requires the fling of a Notice of Intent.
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3. ❑ The work described below,which includes aIIlpart of the work described in your request,iswithin
the Buffer 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. )M 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 BufferZori 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 meets 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
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Signature(s)
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I This Determination must be signed by a majority of the Conservation Commission.
cptfiig:' 16 day of May -1984 before me
pei'Sonally appeared the above-named to me known to be the
person des 'bed in,and who executed,the foregoing instrument,and acknowledged that he/she executed
the same his/her fre act a ee Gd.
Notary Public My commission expires
This Determination does not relieve the applicant from complying with all other applicable federal,state or local statutes,ordinances,
by-laws or regulations.This Determination shall be valid for three years form the date of issuance.
The applicant,the 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 toreq uest the
Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability.providing the request is made
by certified mail or hand delivery to the Department 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
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Conservation Commission
(� Salem. Mas;,;achusctts 01970
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May 15, 1984
Mr. Michael Pennell
612-V Tannery Apartments
50 Warren Street
Peabody, MA. 01960
Dear Mr. Pennell.
Pursuant to the inspection made by :•1r. MacDowell of the Conservation
Commission, enclosed is the Determination of Applicability for proposed
work on your lot. It has been determined that the proposed work on your
lot, Lot #l, consisting of 16,500 square feet, more or less, is not an
area subject to protection under the Wetlands Protection Act_
If you have any further questions regarding this matter, please feel.
free to contact the Commission.
Sincerely 'youurs,�r1,
.c.�.A.
Philip D. Moran
Chairman
PDM:dey
Enclosure
R Form 1 - DEDE File No.
i._ (7o be provided by DEDE)
Commonwealth c'Aylro m " sf!
of Massachusetts Applicant / -BGG
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. 'c. 131,§40
i. i,the undersigned,hereby request that the �� Anl--7-7
Conservation Commission make a determination as to whether the area,described below,or work to be
performed on said area,also described below,is subject to the jurisdiction of the Wetlands Protection
Act,G.L. c. 131, §40"
2. The area is described as follows.(Use maps or plans,if necessary,to provide a description and the
location of the area subject to this request.)
3. The work in said area is described below.(Use additional paper,if necessary,to describe the
proposed work.)
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4. The owner(s)of the area,if not the person making this request,has been given written notification of this
request on •(date)
The name(s)and address(es)1of the owner(s):
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5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Quality Engineering on y' (date)
Northeast Southeast
323 New Boston Street Lakeville Hospital
Woburn, MA 01801 Lakeville,MA 02346
Central — — Western
75 Grove Street Public Health Center
Worcester, MA 01605 University of Massachusetts
Amherst,MA 01003
6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3)(b) 1 of the regulations by the Conservation Commission and that 1 will be
billed accordingly.
Signat
ddress
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q�0:NM6{W� Otte "Miem Green i
June 4, 1984
Ms. Josephine Fusco, City Clerk
City Hall
Salem, MA. 01970
Dear Ms. Fusco: -
At a regularly-scheduled meeting of the Salem Planning Board, held on
May 31, 1984, it was voted to deny the application for "Approval Not Required
under Subdivision Control Law,". for the following applicant:
Mr. Michael Pennell
50 Warren Street
Peabody, MA. 01960
Location and Description:
Sophia Road--Lot 689 on the plan cannot be subdivided
unless a full filing under the Subdivision Control
Law is made. This does not preclude the building of
a proposed dwelling on that lot as proposed by Mr-Pennell
on plot plan entitled, "Topographical Plan of Land in Salem,
property of Michael Pennell," dated April 20, 1984, prepared
by Essex Survey Associates.
Deed of property records in Essex South Registry.
Sincerely yours,
Walter B. Power, III
Chairman
dey
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of
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One Salem (Sreun
June 4, 1984
Ms. Josephine Fusco, City Clerk
City Hall
Salem, MA. 01970
Dear Ms. Fusco:
At a regularly-scheduled meeting of the Salem Planning Board, held on
May 31, 1984, it was voted to deny the application for "Approval Not Required
under Subdivision Control Law," for the following applicant:
Mr. Michael Pennell
50 Warren Street
Peabody, MA. 01960
Location and Description:
Sophia Road--Lot 689 on the plan cannot be subdivided
unless a full filing under the Subdivision Control
Law is made. This does not preclude the building of
a proposed dwelling on that lot as proposed by Mr.Pennell
on plot plan entitled, "Topographical Plan of Land in Salem,
property of Michael Pennell," dated April 20, 1984, prepared
by Essex Survey Associates.
Deed of property records in Essex South Registry.
Sincerely yours,
r
Walter B. Power, III d42 _
Chairman
dey
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Conservation Commission
Salem. Massachusetts 01970
May 15, 1984
Mr. Sidney Gerber
11 Alden Road
Marblehead, MA. 01945
Dear Mr. Gerber:
Pursuant to the inspection of the Sophia Road property by the Commission,
please be advised that the Commission does not have sufficient information
with which to make a determination with regard to the lot you propose to pur—
chase (Lot 2) .
Until the requirements of the Planning Board regarding the completion of
Sophia Road, etc. are known, the Commission cannot take any further action_ '
We will be contacting the Planning Board regarding this matter and, once
all is resolved, will contact you to appear at a meeting.
If you have any further questions, please feel free to call the Commission
or our Aide, Charles Frederiksen at 744-4580.
sincerely yours,
D11\ i
lr
Philip D. Moran
Chairman 111
dey
cc John R. Kielty, Esq.
ION C 'I"
z Conservation Commission
Salem. Massachusetts 01970
ASSNONJy
At a regular meeting of the Salem Conservation Commission a Determination of the
Significance of constructing a single-family residence on Sophia Road on the
terminus at the North side., which is bordering a wetland area. This Determina-
tion will be made in accordance with the Wetlands Protection Act, Mass. G:. L.
Chap. 131, Section 40. The meeting will be held at One Salem Green, second
floor conference room, on Thursday, April 26, 1984, 8:00 p.m. .
Philip D. Moran, Chairman
April 19
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TUTNOTE
MURPHY RYAN & O'KEEFE
ATTORNEYS AT LAW, INC. AA 7 :-94
TEN CHESTNUT STREET SALEM P - �; ; '"`
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PEABODY, MASSACHUSETTS 01960 - --
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MESSAGE
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ATTORNEYS AT LAWS INC ,` f t .� ,µ„• +�^..
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