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16 SUNSET ROAD - CONSERVATION COMMISSION ® 'MMENWIM I T m //ti re Ga.wy a cid 64 n V a 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 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 William Donald Jeffrey SAME return key. Name Name wVQ Ma Sunset Road Mailing Address Mailing Address Salem MA 01970 City/Town Slate Zip Code City/rown State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Plot Plan of Land 16 Sunset Road October 14, 2004 Title Date Title Date Title Date 2. Date Request Filed: November 1, 2004 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 addition to an existing garage and a second floor addition to an existing single family dwelling within a Riverfront Area. Project Location: 16 Sunset Road Salem Street Address Cityrrown MAP 31 LOTS 254&285 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•rev.7/13/04 Page 1 or 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) 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. ❑ 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 woformZdoc•rev.7/13/04 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 of 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. wpafor 2.doc•rev.7/13/04 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 Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw citation C. Authorization This Determination is issued to the applicant and delivered a follows: s • s. ❑ by hand delivery on .A by certified mail, return receipt requested on u 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 Attachment) and the property owner(if different from the applicant). Signature . November 18, 2004 Date wpaform2.d=•rev.7113/04 Page 4 of 5 LIMassachusetts 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 Attachment)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. .paform2.doc•rev.7/13/06 Page 5 of 5 U.S. Postal Servim. CERTIFIED MAIL. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at vrwimsps.comnrM3 Return ptF es, : --O—F- FICIAL USE postme ®_ r 1 ' PS Form 3800,June 2002 See Reverse for Instructions Certified Mail Provides: zest-w-zo-seszot ■ A mailing receipt Zoon eunr'ooae-OJ Sd • A unique Identifier for your mailplec, ■ A record of delivery kept by the Postal Service for two years Important Reminders: • Certified Mall may ONLY be combined with First-Class Manor or Priority Mafia. • Certified Mall is not available for any class of international mall. • NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. • For an additional fee,a Return Receipt may be requested to provide proof of delivery.To obtain Return Receipt service,please complete antl attach a Rehm Receipt(PS Form 3811 to the article and add applicable postage to cover the fee.Endorse mailplece 'Retum Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSa postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". • If a postmark on the Certified Mall receipt is desired,please present the arti- cle at the post office for postmarking. It a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. Internet access to delivery Information is not available on mail addressed to APOs and FPOs. U.S. Postal Service.. CERTIFIED MAIL;. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) r For delivery information visit our website at www.usps.comvOF .. r ru stag. Cenftd Fee M Postmark M Return Rodeo Fee I ru TOW PC Department of Wetlands Floor, OneWinter it • •g :ntTo 800,June 2002.' See Reverse for Instructions Certified Mail Provides: zeal -e -zoazof ■ A mailing receipt (Meme)zooz eunr_00K uuod sd ■ A unique Identifier for your mailpiece IN A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Malls or Priority Mail®. ■ Certified Mail Is not available for any class of intemaaonal mall. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receippt mar be requested to Provide proof of delivery.Tc obtain Return Reoelpt service,please complete anE attach a Retum Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mallpiece"Return Receipt Requested".To receive a fee walver for a duplicate return receipt,a USPSs postmark on your Certified Mail receipt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mallplece with the endorsement'Resnicted Delivery'. ■ If a postmark on the Certified Mail receipt Is desired,Grease present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt Is not needed,detach and affix label with postage and mail. IMPORTANT: Save this receipt andGresent It when making an Inquiry. Internet access to delivery information is not available on mall addressed to APOs and FPOs. ISENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERYI I ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. _* ----�•ElAgent ■ Print your name and address on the reverse �_i ❑Addressee so that we can return the card to you. B. b� n e •N e, C. Date of Delivery ■ Attach this card to the back of the mailpiece RJZ!F or on the front if space permits. 1. Article Addressed to: D. Is tlelivery address different from i'zm 1? ❑ es If YES,enter delivery addle, be w: ❑ o 11 C NOV 2 2 Z00 Department of Environmental Protection NERO - Wetlands & Waterways DEP 5th"Floor, One Winter Street 3. Service rypr^AIL M 108 Boston, MA 02108 ertif 8 " .-.. Registered ❑ Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number r. 7002 2410 '00 D' 3 27.94 ; 61.46 (transfer from service Taboo PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SER Fi ail t_ 4�L1 'FCJos "e"e's Paid PS emt—N^PSro.'G-to FeSender: PleasA,print�your�ame, address arifd-ZIPw+in this b—�--=�•'O Salem Conservation Commission C3 z 120 Washington Street,3rd Fl I CD wSalem,MA 01970 o� I C) I U � .. � _ � liiliifii l�fiilFili!�11if}it1�H I!iifll!I[i rl!it�i�l!i173!!!!t I SENDER: ■ •N COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig ture its 4 if Restricted Delivery is desired. 0 AgW ■ Print your name and address on the reverse 09'(ddressee so that we can return the card to you. B. heceived by(Printed Name) & Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 17 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No V//fao. oem I%t 16 Sowsd -6aJ 3. Service Type Certified Mail 0 Express Mail Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7002 2410 0003 27946139 (Transfer from service labso PS Form 3811, February 2004 Domestic Return Receipt 102555-02-M-1540 4 UNITED STATES POSTAL SERVICE First-Class Mail p Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box Salem COnServafOn CommisSIOn 120 Washington Street.3rd R Salem,MA 01970 I 0 CITY OF SALEM ' CONSERVATION COMMISSION DETERMINATION OF APPLICABILITY 16 Sunset Road, Salem, MA SPECIAL CONDITIONS 1. Prior to the start of construction,the Conservation Agent shall be notified to inspect installation of hay bales and silt fencing at the site. 2. No construction machinery shall be left within the buffer zone to the resource area at the end of each working day. 3. All construction vehicles shall be equipped with emergency spill kits during the duration of the project. 4. No building material and excavated material shall be left within the buffer zone to the resource area at the end of each working day. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAX: 978.740.0404 ♦ WWW.SALEM.COM Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands j 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 William Donald Jeffrey SAME return key. Name Name +^�VQ Ma Sunset Road Mailing Address Mailing Address Salem MA 01970 city/Town State lip Code City/Town State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Plot Plan of Land 16 Sunset Road October 14, 2004 Title Date Title Date Title Date 2. Date Request Filed: November 1 2004 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 addition to an existing garage and a second floor addition to an existing single family dwelling within a Riverfront Area. Project Location: 16 Sunset Road Salem Street Address Cityrrown MAP 31 LOTS 254 &285 Assessors Map/Plat Number Parcel/Lot Number wpaform2.dw•rev.7/13/04 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)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. ❑ 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 ."for .dw•rev.7113/04 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 referencedI p an(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. P 2. The work described in the Request is within an area subject to protection under the Act, but will of 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. wpafo.2.d=•rev.7113104 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 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 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 Attachment)and the property owner(if different from the applicant). Signature . November 18, 2004 Date wpafor 2.doc•rev.7/13/04 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 Attachment)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. wpafwrt 2.doc•rev.7113/04 Page 5 of 5 o CITY OF SALEM CONSERVATION COMMISSION DETERMINATION OF APPLICABILITY 16 Sunset Road, Salem, MA SPECIAL CONDITIONS 1. Prior to the start of construction,the Conservation Agent shall be notified to inspect installation of hay bales and silt fencing at the site. 2. No construction machinery shall be left within the buffer zone to the resource area at the end of each working day. 3. All construction vehicles shall be equipped with emergency spill kits during the duration of the project. 4. No building material and excavated material shall be left within the buffer zone to the resource area at the end of each working day. 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 • TEL: 978.745.9595 FAx: 978.740.0404 0 WWW.SALEM.COM CD 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 William Donald Jeffrey, 16 Sunset Road, Salem, MA. The purpose of this hearing is for a determination of work related to the construction of an addition to an existing garage and a second floor addition to an existing single family dwelling within a Riverfront Area at 16 Sunset Road. This hearing will be held on Thursday, November 18, 2004 at 6:00 p.m. in Room 313, third floor at 120 Washington Street. Kevin Cornacchio Chairman November 11, 2004 Please send bill to: William Donald Jeffrey 16 Sunset Road Salem, MA 01970 (978) 744-7505 (978) 777-2805 120 WASHINGTON STREET, .SALEM, MASSACHUSETTS 01970 TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM i 310 CMR: DEPARTMENT OF ENVIRONMENTAL PROTECTION 3 / 10,58a continued (f) When an applicant proposes restoration on-site of degraded riverfront area,alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5xe),(d),and(e)at a ratio in square feet of at least 1:1 of restored area to area of alteration not conforming to the criteria. Areas immediately along the river shall be selected for restoration. Alteration not conforming to the criteria shall begin at the riverfrom area boundary. Restoration shall include: 1. removal of all debris,but retaining any trees or other mature vegetation; 2. grading to a topography which reduces runoff and increases infiltration; 3. coverage by topsoil at a depth consistent with natural conditions at the site;and 4. seeding and planting with an erosion control seed mixture,followed by plantings of herbaceous and woody species appropriate to the site; (g) When an applicant proposes mitigation either on-site or in the riverfront area within the same genera area of the river basin,alteration may be allowed notwithstanding the criteria of 310 CMR 10.58(5xc),(d),or(e)at a ratio in square feet of at least 2:1 of mitigation area to area of alteration not conforming to the criteria or an equivalent level of environmental protection where square footage is not a relevant measure.Alteration not conforming to the criteria shall begin at the riverfrom area boundary. Mitigation may include off-site restoration of riverfrom areas,conservation restrictions under M.G.L.c. 184,§§31 to 33 to preserve undisturbed riverfront areas that could be otherwise altered under 310 CMR 10.00, the purchase of development tights within the riverfront area,the restoration of bordering vegetated wetland,projects to remedy an existing adverse impact on the interests identified in M.G.L.c. 131,§40 for which the applicant is not legally responsible,or similar activities undertaken voluntarily by the applicant which will support a determination by the issuing authority of no significant adverse impact.Preference shall be given to potential mitigation projects,if any,identified in a River Basin Plan approved by the Secretary of the Executive Office of Environmental Affairs. (h) The issuing authority shall include a continuing condition in the Certificate of Compliance for projects under 310 CMR 10.58(5)(f)or(g)prohibiting further alteration within the restoration or mitigation area,except as may be required to maintain the area in its restored or mitigated condition.*Pnor to requesting the issuance of the Certificate of CwplianLe. the applicant shall demonstrate ere ora ion o nu gal on s een successfully compleora . --(6)� otwithstandiEk the provisions of 310 CMR 10.58(1)through(5),certain activities or areas i_ grandfathered or exempted from requirements for the riverfront area.- (a)-Any rea:(a)-Any excavation;structure,road,clearing,-driveway,landscaping,utility line,rail line, airport owned by a political subdivision, marine cargo terminal owned by a political subdivision,bridge over two miles long,septic system,or parking lot within the riverfrom area in existence on August 7, 1996. Maintenance of such structures or areas is allowed (including any activity which maintains a structure,roads(limited to repairs,resurfacing, repaving,but not enlargement),clearing,landscaping,etc.in its existing condition)without the filing tiost�4the riverfront, u �when such tasovrddrin 10Rwthed� M� 586xb) ' Changesmexistingcondinwhichwillremove 'dredge alomaea:aW subject to 310 CMR 10.58, except that the replacement within the same footprint of ctures destroyed by fire or other casualty is not subject to 310 CMR 10.58. (b) Ceuta n minor activities,provided the activity is not within'any resource area -1-`Unpavapedestrian walkways for private use;---'----"`" -— _` 2. Fencing,provided it will not constitute a barrier to wildlife movement;stonewalls; stacks of cordwood; 3. Vista pruning, provided the activity is located more than 50 feet from the mean annual high water line within a riverfront area or from bordering vegetated wetland, whichever is farther. (Pruning of landscaped areas is not subject to jurisdiction under 310 CMR 10.00.); ( 4. Plantings of native species of trees,shrubs,or groundcover,but excluding turf lawns; 12/20/02 310 CMR-401 t 310 CMR: DEPARTMENT OF ENVIRONIv1ENTAL PROTECTION 10.58: continued C 5. a conve[sion of lawn to uses accessory to existingsingle family liouses;in; ence on August 7, 1996, such as decks, sheds,patios, and pools,,provided'the activity is located more than 50 feet_fr m the mean annual high-water line within the riverf m t area or from bordering vegetated wetland,whichever is farther,and erosidh �and sedimentation controls are implemented during-construction. The—con—version of sucb uses accessory to existing single family houses to lawn is also allowed.O*wing of lawns is not subject tojurisdiction under 310 CMR 10.00);'"' 6. The conversion of impervious to vegetated surfaces, provided erosion and sedimentation controls are implemented during construction;and 7. Activities that are temporary in nature,have negligible impacts,and are necessary for planning and design purposes(e.g.,installation of monitoring wells,exploratory borings, sediment sampling and surveying). Activities not meeting the requirements of 310 CMR 10.58(6)(b) may be allowed through a Determination of Applicability or a Notice of Intent.If resource area boundaries are uncertain,a Request for Determination of Applicability or Notice of Intent should be filed. (c) On-site sewage disposal systems in existence on August 7, 1996 and the repair or upgrade of existing systems in compliance with 310 CMR 15.000.New construction of a system under 310 CMR 15.000 must comply with 310 CMR 10.58, subject to the presumption for the siting of systems in 310 CMR 10.03. (d) The expansion of structures,airports,and marine cargo terminals,provided they are owned by a political subdivision and the expansion activity was physically begun on or before November 1, 1996. (e) Projects for which a draft environmental impact report was prepared and submitted pursuant to MG.L. c. 30, § 62B, on or before November 1, 1996,or as extended by the Department for just cause but no later than December 31, 1996. (f) Projects for which a building permit conforming to local requirements was filed on or before October 1, 1996 and granted on or before April 1, 1997, or as extended by the conservation commission for just cause by no more than 60 days. (g) The road and infrastructure shown on a definitive subdivision plan approved or endorsed under M.G.L. c. 41, § 81U, on or before August 1, 1996. Activities on the subdivided lots are subject to 310 CMR 10.58 unless they received a building permit under 310 CMR 10.58(6xf). (h) Construction, expansion, repair, restoration, alteration, replacement, operation and maintenance of public or private local or regional wastewater treatment plants and their related structures,conveyance systems,and facilities,including utility lines. (i) Structures and activities subject to a M.G.L. c. 91 waterways license or permit, or authorized prior to 1973 by a special act,are exempt,provided the structure or activity is subject to jurisdiction and obtains a license,permit,or authorization under 310 CMR 9.00. 0) Activities within riverfrom areas subject to a protective order under M.G.L.c.21,§1713, the Scenic Rivers Act. (k) Activities on land occupied by historic mill complexes. 10.59: Estimated Habitats of Rare Wildlife(for inland wetlands) If a project is within estimated habitat which is indicated on the most recent Estimated Habitat Map of State-Listed Rare Wetlands Wildlife(if any)published by the Natural Heritage and Endangered Species Program(hereinafter referred to as the Program),a fully completed copy of the Notice of Intent(including all plans,reports,and other materials required under 310 CMR 10.05(4xa)&(b))for such project shall be sent to the Program via the U.S.Postal Service by express or priority mail(or other-wise sent in a manner that guarantees delivery within two days). Such copy shall be sent no later than the date of the filing of the Notice of Intent with the issuing authority. Proof of timely mailing or other delivery to the Program of the copy of such Notice of Intent shall be included in the Notice of Intent which is submitted to the issuing authority and sent to the DepartmenPs regional office. Estimated Habitat Maps shall be based on the estimated geographical extent of the habitats of all state-listed vertebrate and invertebrate animal species for which a reported occurrence within the last 25 years has been accepted by the Program and incorporated into its official data base. 1220/02 310 CMR-402 Massachusetts Department of Environmental Protection Sale= Bureau of Resource Protection -Wetlands cityfrown WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: �Y formspuler, a Nrs r /, 1 ;Ma ine) in . _n/d computer, use Name r� r n��JL)/ ! E-Mail Address only the tab key > � (J� eT /T O to move your / � cursor-do not MailingAddress use the return key. / State Zip Code • /n NIM QA V O_sas ao Phone Number Fax Number(if applicable) 2. Representative(if any): mrm Firm Contact Name E-Mail Address Mailing Address Cityrrown State Zip Code Phone Number Fax Number(if applicable) B. Determinations 1. I request the <ga/ (-M 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 work depicted on plan(s) referenced below is subject to the Wetlands Protection Act. ❑ d. whether the area and/or work depicted on pian(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality 2'-e whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). P/n-r P/nin t�-il //ate n /c_/)n /6 R(-3ac/ wpafonnl.doc•rev.07/14/04. Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands �ityR� WPA Form 1- Request for Determination of Applicability 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): %�o SUnr �lEm Street Address City/rown Mrip % �S a5�,/ o[. SSSS Assessors Map/Plat Number Parcel/Lot Number b. Area Description(use additional paper, if necessary): A L70�i-I%OQ -Q��(Lr�/i�Am�n7 L7r Pa rlgre--s r- wfoe- and nc z- O'em) /J J ©u St7��m���C3cc��hcic��!S r c Plan and! r�ulap References : p/OT 00/2 t�F /On�/�in / /1CC Ae) ry V,do rift 12ey' %.V,�jCt l Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): fix!sf�noq on,- - 00/ - an���P o� _316, h-el e-x PQ�Ode-rl 4-e-) d 4r�n_C r��Q(aca n 0-9 Z�Oy 910 .3 ' -` , ?ham Se�0nd =if to(n� add i' ��nn S /'S ��1�� /� A P d/1-1QOz]Q ) � and C O S3'T S Ao C e i.-)ou zit e- 17 -i�-,a wpdooni.doc•rev.07/14104. Page 2 d4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlandscry bwn� 0_Y ' WPA Form 1 - Request for Determination of Applicability 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).The /0ro/�v-se4/ /s ou4s,de Me- ,buA(e, bur -4-he )1kC-OQmr areo_ Them-egfs 10 defilif,� of 0. minor /orrz.i ec7— ser 4Fori-h in *,11c_ LtletlClnol : bons L: 3)0 (2/-n'Q /o - 5 2 (6)6k) 5 onaf J0,Oa-La h)7, HfJrc2iects are eyem'O-r -Far, rcqu/aria-, O6COrd,nq 10 sur CanS[�1anr �rorn f/�ncne� ASSocI� �e� . 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riveertront Area, indicate the one classification below that best describes the project. [0 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 Rivertront 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.) SCK Qe, 1r7 P(?Qe-- .s9yaa' wpafonn1.tloc•m.07/14104 Page 3 d 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands c y/rown 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: &- nnd/yam. G11�/�� 1yi71CY)C./d G�i�u Name ailing Address -Sale-m Citylrown H9 n/9x70 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. S' nature of Applicant P 77 /ate Signature of Representative(if any) Date wpafonnl. o •rev.07114104. Page 4 ar 4 City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received 1 J U Amount Received Form of Payment Check F—] cash CHECK PAYMENTS: Zg� write check number CASH PAYMENTS: write client initials Sign Permit Application Fee conservation Commission Fee Payment received for Q planning Board Fee what service? Q Old Town Hall Rental Fee Q Other Name of staff person receiving payment Fr'zyi1<' 1—r-dOfmlg6 Additional Notes ^ JULIE E. KAPLAN---re ��� 88022x7 a 1iza 82x975 I 1 BURNHAM LANE DANVERS, MA 01923 5 _ORDER $lOF E DOLLARS L Banknorth 37.o=,s eet C Worcesphr,M1W OIOIfi/08 a MP ojl _` UQmems'✓ib:ta 42c1Z9 i: 2LL370SbS': 11802297Sill ' Original Check and Form: DPCD Finance Copy is Client Copy 2: Application File NOTE MAP J1, LOTS 254 & 285 1) THIS PLAN IS NOT TO BE CONSIDERED AN ALTA/ACSM LAND TITLE SURVEY. R — 1 2) THE ENTIRE PROPERTY IS LOCATED WITHIN THE RIVERFRONT AREA. THE PROPOSED ADDITION IS �p����+rl EXEMPT FROM REGULATION PURSUANT TO 310 CMR m iprwr' 10.58 (6)(b) 5. DEED BOOK 7617, PAGE 154 / DEED BOOK 12990, PAGE 6 PLAN 322 OF 1947 Zc' PLAN BOOK 260, PLAN 34 ��SOpP 5 O �C3. I. ROD .SET I_ 40.66• 1. ROD SET OO/P�0y P 760' � O / o� ,-J4 GRADE STAKE 101P ^ SET CITY OF µ PAUL O'TOOLE SALEM PLAN BOOK 260, O PLAN 34 0 I. ROD SET 1. ROD SET 20.00' po41- 21.4' 50.00 -i 17.9' 5.2'1 ITI W PAUL O'TOOLE ADDITION o LOT 40A °' 5.2' PLAN 322 I AREA = TACK SET OF 1947 8,753± S.F. / 18 SUNSET 21.4 o 5.2' o ROAD, R/T O2 STORY n WOOD FRAME o P� PLAN 322DWELLING 16.s' 5.2.1 �o =o #16 PROPOSED OF 1947 ADDITION �6�A� 21.4' v DH SET 1, 70.00' V 1. BOLT SET 4 O O SUNSET (PUBLIC — 40' WIDE) ROAD / PLOT PLAN OF LAND /N SALEM MA PREPARED FOR VT�1„4r 4ays9 W. DONALD JEFFREY is W VNE °yam REVISED. OCTOBER 14, 2004 g JALSERT SCALE.• I" = 20' AUGUST 31, 2004 Np. 36118 <°a saieN� 0 10 20 40 80 HSA HANCOCK SURVEY ASSOCIATES, INC. D D� 185 CENTRE STREET DANVERS, MASSACHUSETTS 01923 CALC. sr. CHECKED VO/CE 978-777-3050 FAX 978-774-7816 PROFESS/ NAL LAND SURVEYOR MDS W0J WWW HANCOCKASSOC/A TES.COM 114M Py.wpmAee.,rllueeiavl114MI.Ay at 14 2004- 12-05 pm