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22 SUNSET ROAD - CONSERVATION COMMISSION ZZ s�s� �� �-��- ---- - - - :, f NOURDA Status Sheet Address: jtkn?t QMDEP#: Application Type: ?,DA Date Submitted: 9-12 5I I�- Contact Name: Phone: Proposed activity: fi X111 VAp plication Complete v orrect Fee Received ❑ Abutters List Requested ❑ Received A al Ad Sent gal Ad Confirmed Online wAdded to Agenda genda to Applicant gent Comments to Commission ❑ DEP Comments Hearing Opened: g' 1°I 1q Continued: 12,111 �- Site Visit: ❑ Abutters Notice Confirmed `` uAvermit Sent to Applicant and DEP ❑ Confirmation of Delivery m �ermit Uploaded to Salem.com ❑ Expiration date added to calendar ❑ Added to database ❑ Applicant Recorded OoC with Registry Preconstruction Meeting: ❑ Certificate of Compliance Sent to Applicant and DEP ❑ Applicant Recorded CoC with Registry Notes: "Italics indicate only required for NOI HACON COMMWdministative\project status sheet\N01 and RDA status sheet 2017-6-15.doc U9ft-TMCftG 9 dl will EP sMailIII III III ' a 8,Feel- o '1 , �! 9590 9402 3271 7196 0030 49 r United States •Sender;Please print your name,address,and ZIP+4®in this box- Postal Service — C Salem Conservation Commission j R E C E Y\ Ir'C 1®0 Washington Street, 3rd Fl Salem, MA 01970 OCT 10 2011 - - _- DEPT. OF p COMMUNITY DL —LOPMHNT SECTION;IENMR: COMPLETE THIS SECTION COMPLETE THIS ON DELIVERY ■ complete items 1,2,and 3. A. Signet ■ Print your name and address on the reverse X 0 Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, 8. Rebel y(Printed Name C. Date of DeiWry or on the front if space permits. 1. Article Addressed to: D. del eryaddress different from Rem if ❑Yee o Le[C.V& If YES,enter delivery address below: E3 N, hh�s� 22- S u-LAS4 3. II I IIIIII IIII III I II III II I II II III I III II II III III ❑Adu signature ❑Rregistered M l- ❑gqtl7ult Signature Restricted Delivery ❑R Istered Mail Re5lectedill 9590 9402 3271 7196 0030 49 Cened Male De�Ne y ❑Certified Mail Restdcted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation^^ 2. Article Number(frensfer from service label) ❑Signature Confirmauan a 7 017 1450 0 0 01 5936 88 ❑Insured Mail❑Insured Mail Restricted Delivery Restricted Delivery { over$500 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt t CITY OF SALEM 'a CONSERVATION COMMISSION September 27, 2017 Leland Hussey 22 Sunset Road Salem, MA 01970 Re: Determination-of Applicability-22 Sunset Road Dear Mr. Hussey: Enclosed,please find the Determination of Applicability for the-above-referenced property. This Determination permits the work described in your July 25`" submittal, provided that the follow conditions are met: 1) Plantings must be native and should either come from the list provided by the Conservation Agent or approved by the Agent prior to installation 2) Erosion control devices shall remain in place and properly functioning until all exposed soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal 3) Ensure silt fence is toed in at all times 4) During winter months,the silt fence must be replaced by either straw or salt marsh hay 5) If work area has not fully stabilize_d following the winter months, the silt fence must be reinstalled 6) Attend a Conservation Commission hearing approximately one year from now with photo evidence of stabilization and final vegetative cover There are a substantial number of resources available on the Massachusetts Office Coastal Zone Management's website. I have included with this letter a factsheet on plantings and a list of coastal plants, but additional information can be accessed at: http://www.mass.gov/eea/agencies/czm/program-areas/stormsmart-coasts/coastal- landscaping . Prior to planting, confirm with the nursery that the plants are appropriate for fall planting. If you choose plants that are appropriate for spring planting,please stabilize the work area in the meantime and commence with planting at the appropriate time. Work may commence following the 10-business-day appeal period. This document is effective for three years from its date of issuance. Prior to removal of the erosion controls, please call me for a final site inspection. I can take photos at that time to provide to the Commissioners. If you have any further questions please feel free to contact me at 978-619-5685. Sin,pgrely, vwt" y Green_ Conservation Agent — _ _-- Enclosure cc: DEP Northeast Regional-Office - 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 Leland M. Hussey Barbara Poremba return key. Name _ Name 22 Sunset Road 22 Sunset Road "L__ Mailing Address - - Mailing Address Salem MA 0Salem MA 01970 City/Town State Zipp Cod Code- Cityfrown State Zip Code rnp 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: 5 Photos Submitted with WPA Form 1 9/21/2017 Title Date Addendum to: WPA Form 1 9/21/2017 Title Date Title Date 2. Date Request Filed: 7/25/2017 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): Restoration of the grade of consoldiated existing lawn area. Removal of existing grass area to allow for installation of stone berm and restoration of existing lawn. Installation of filter fabric between soil and stone. Project Location: 22 Sunset Road Salem Street Address city/Town 31 251 Assessors Map/Plat Number Parcel/Lot Number wpaform2.dm•Determination of ApplicaCility•rev.12114 Page 1 of 5 Massachusetts Department of Environmental Protection u 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)or Order of Resource Area Delineation(issued following submittal of Simplified Review ANRAD)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 or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 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 wpaform2.doc•Deleminalion of Applicability•rev.12/14 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: El 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 theiot 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 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 the Request is within the Buffer Zone, as defined in the regulations, but TTT 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. wpatorm7Aoc•Determination of Applicability•rev.12114 Page 3 af 5 F 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: kExempt Activity(site applicable statuatory/regulatory provisions) �I 6-.The area and/or work described in the Request is not subject to review and approval by: ' '5Q 1eo-' Name of-Municipality — Pursuant to a municipal wetlands ordinance or bylaw. We'Cax� TYbteri,an awed Chowyad m ArdaM-411 &.,Sb Name -- — — Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on 0"by certified mail, return receipt requested on 91z q - -- 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 http://www.mass.gov/eea/agencies/massdep/abouVcontacts/) and the property owner(if different from the applicant). Signatur P I A& � n 7/1 Date wpaformZdm•Detennineaon of Applicability•rev.12114 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 htto://www.mass.gov/eealaciencies/massdep/about/contacts/)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 fliat the Determination is based on a municipal ordinance or bTaw and not on the Massachusetts Wetlands_Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2Aw-Determination of Applicability•rev.12114 Page 5 of 5 / �osar i \ CITY OF SALEM CONSERVATION COMMISSION Determination of Applicability Special Conditions 22 Sunset Road, Salem, MA The Salem Conservation Commission finds this Request for a Determination of Applicability negative so long as the following Special Conditions are met: 1. Plantings must be native and should either come from the list provided by the Conservation Agent or approved by the Agent prior to installation 2. Erasion control devices shallaremain in place and properly functioning until all exposO soils have been stabilized with final vegetative cover and the Conservation Commission and/or its Agent has authorized their removal 3. Ensure silt fence is toed in at all times 4. During winter months, the sllFfence must be replaced by either straw or salt marsh hay - -5. If work area has not fully stabilized following the winter months, the silt fence must be reinstalled 6. Attend a Conservation Commission hearing approximately-one year from now with photo evidence of stabilization and final vegetative cover 7. If the applicant does not comply with these Special Conditions the applicant shall file a Notice of Intent. Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a.Street Address b.City/town,Zip c.Check number d.Fee amount Important: When filling 2 Person or party making request(If appropriate, name the citizengroup's representative): out forms on the computer, Nameuse only the tab key to Mailing Address move your cursor-do Cityfrowr -- State- Zip Code not use the return key. Phone Number Fax Number(if applicable) f 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 413), Order of Conditions (Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance (Form 6)): Iwa Name Mailing Address City/rown State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions— Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability—Fee: $120 ❑ Superseding Order of Resource Area Delineation— Fee: $120 Send this form and check or money order, payable to the Commonwea@h of Massachusetts, to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpafonn2.dm•Request for Departmental Action Fee Transmittal Fon•rev.12114 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office (see http://www.mass.qov/eea/agencies/massdeo/about/contacts/). 4. 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. wpefonn2.tloc•Request for Departmental Action Fee Transmdtal Form•rev.12114 Page 2 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands cityrrown 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: forms on the Leland M. Hussey computer,use Name husseycontracfing@yahoo.com the tab key g@yahoo.com to move your 22 Sunset Road cursor-do not Mailing Address use the return Salem MA 01970 key. State Zip Code Salem, 781 593 4944 Phone Number Fax Number(if applicable) 2. Representative (if any): Firm Contact Name E-Mail Address Mailing Address Cityrrown State Zip Code Phone Number Fax Number(if applicable) B. Determinations 1. I request the Consevation make the following determination(s). Check any that apply: 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 plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Salem Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpaforml.doc Pagel of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands cRo 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): 22 Sunset Road Salem CitylTom Map 31 0251-0 Lot 251 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): Rear grass/sod area adlacent to marsh vegetation (phra mites) c. Plan and/or Map Reference(s): 31-0251-0 7/24/17 Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): To restore the grade of consolidated existing lawn area. Remove existing grass area to allow for stone retention and restoration of existing lawn. Install filter fabric between soil and stone wpaformt.dw Page 2 of 4 ,- 'r -i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Citylrown 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 Act or 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). N/A 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ 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 Riverfront 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.) See attached Assessors' Department Real Estated Deed Oct 13 1950 wpafoml.d= Pegs 3 0 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands ctylrown 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 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: Dr. Barbara Poremba Name 22 Sunset Road Mailing Address Salem City/Town MA 01970 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. Signstu ' ant Dated ' Signature of Representative(if any) Date narormt.doc Page 4 of 4 S 44 ^ 67 31 1 3t \ ^° 19668 31QP6 �o �° 3155 46 a ^° ^. 9 311 5 a69 „I 31385 70 3 78 O b a 71 y ^° 31rip276 "- - 3 n 3 2 �•. 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J�.. )/ � t �- J �I�Y't' � tif� f V �1 �y �F* a � � 4a F Ap n � _/..���€.i` �� _ _ � -- ��. �"4iIl`IJV ��� /���` '/� 4r.yt 1 � �9�q�i. r \:Fila A J - ., xy ` F.S \ i � .,K R y •±�• �`.� .,,}�,��„� rye.,.. a' r M x � � � ' -_ ?fig r—r Y; t f 11I� �1� ,�,e `�: 33r Fl+ 4`�pF �rry✓' f�,�-. �1 1 1Thisphoto the consolidation of soil Fff Wi` r r 2 _ adjacent to the tree I IP ;Ms ♦e 5 -13R� e s ��r N" "i � i' •� •t w l r 4o � . d IV qw , sM Y� `•� •''fit.... ,, '� , ./ ,';- RV f Addendum to: WPA Form 1- Request for Determination of Applicability Section C , 2. a Work Description Consolidated lawn area along rear perimeter approximately 70-80 feet Over 10 -15 years the lawn has changed from a 1' in 6' slope to a 2.5' in 6' slope. Continued compaction and consolidation would jeaprodise the root mass of one shag -bark maple tree approx 80' tall. It was determined to cut back the lawn area and install stone with fabric grid and filter fabric to retain soil and rebuild compacted areas of the lawn. Lawn to be cut away from 2' -5' back from existing perimeter to a depth of V — 18" in order to create a secure purchase for stone and fabric. Stone to be selected from indigenous shape and type and placed on excavated soil with no mortar or concrete footing. Fabric grid to be interwoven with dry set stone and soil to aid in retention. Top soil to be selected from local supply and install with filter fabric to prevent filtration into march area. In this case soil supplied from a top soil removal on Bellevue Avenue in Swampscott. The soil would be built back up to its level as of 15 years ago and re-seeded to establish a somewhat smaller grass area in the hopes of protecting one of the last two major deciduous trees at the convergence of the Pickman and Forest Rivers. CITY OF SALEM \ f CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability for Leland Hussey, 22 Sunset Rd, Salem MA. Purpose of hearing is to discuss proposed construction of stone berm and restoration of lawn at 22 Sunset Rd within an area subject to protection under the Wetlands Protection Act MGL cl31§40 and Salem Wetlands Protection& Conservation Ordinance. Hearing will be 8/10/17 at 6:30pm in City Hall Annex, 3`d floor conference room, 120 Washington St. Salem News publication date: August 3, 2017 � o00 • =oII•ratt r �y y�.. 41 i rt t d 40, F amu" j , 4r wa a� w '7 IT 41 YY .tit�'AI µm w n P: UP,d t'