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SWAMPSCOTT ROAD & DELANSON ROAD - CONSERVATION COMMISSION (2) Swampscott Rd.- Lynn Sand & Stone. — R LYNN S �� -, s �� I NFA `�� r a, egal i�'"Illces :CITY OF SALEM CONSERVATION COMMISSION The Salem Conservation Commission will hear _ a Request for a Determination of Applicability, under the Wetlands Protection Act, Mass. G.L. Chapter 131,Section 40,at the request of Bardon- Trimount,Lynn Sand&Stone.The proposed work, located at the Town of Swampscott line to the rail- road bridge that crosses over to Durkee's Corner and Essex Street consists of maintaining the shoul- der of the roadway and correcting the grade within a Buffer Zone.The Request will be heard on Thurs- day, September 22, 1994 at 7:00 p.m.,One Sale Green,-second floor conference room. BETSY HORNE, Chair, k September 15; 1994 SN536 I� r 310 CHIC 10.9 9 DFP Me Nm (To be provided by DEP) Form 2 Salem cky/Pown Appbmt Lynn Sand F. crpsya cont nvealth of Massachusetts Drrfw RegwMRkd Sept. 13, 1994 Determination of Applicability Nassachusetts Wetlands Protection Act, G.L. C. 131, 540 From Salem Conserv r r }_tt Issuing Authority ToMarty McKenny City of Salem (Name of Person making request) (Name of property owner) Addrese30 Danvers Road Address Swamosrorr Rani This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) © by certified mail, return receipt requested on psy 6, (date) Pursuant to the authority of G.L. c.131, 540, the Commission has considered your request for a Determination of Applicability and its sup- porting documentation, and has made the following determination (check whichever is applicable) : Location: Street Address Town of Swamp r+ r 4p@F1A.PM_.-6 Lot Number: XIA This Determination is positive. 1. ❑ The area described below, which includes all/part of the area described in your request, is an Area subject to Protection Under the Act. Therefore, any removing, filing, dredging. or altering of that area requires the filing of a Notice of Intent. 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. Therefore, said work requires the filing of a Notice of Intent. 2-1 Effective 11/10/69 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 will alter an Area subject to Protection under the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: 1. ❑ The area described 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 Buffer zone, as defined in the regulations, but will not alter an Area subject to Protection under the Act. Tharefore, said work does not require the filing of a Notice of Intent. SEE ATTACHED CONDITIONS 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 requiredi Issued by Sal m Conservation Commission Signature(s) Thi etermi i n ust be si d by a majority of the Conservation commission. on this 974A day of Sir 19 94 before me personally appeared the above named , to me known to be the Terson described in, and who executed, the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed. �. July 15 1999 Notary Pu lic Hy 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 from the dote 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 to request the Department of Environmental Protection to issue a superseding Determination of Applicability, providing the request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Determination. A copy of the request shall at the sane time be sent by certified nail or hand delivery to the Conservation Commission and the applicant. 2-2A r+ SEP 2 7 1994 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 will alter an Area Subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: 1. ❑ The area described 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 Abut will alter that area. Therefore, sa inremove, fill, d work doesnotequire thefiling 4rof allotice of Intent. 3. ❑ The work described in your request is within the Buffer Zone, as defined in the regulations, but will not alter an Area Subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. 6. ❑ 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 the Department of Environmental Protection Signature on this day of 19 before me personally appeared to me knowu 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. Notary Public My commission Expires This Superseding Determination does not relieve the applicant from complying with all other applicable federal, state or total statutes, ordinances, by-laws or regulations. This Superseding Determination shall be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by the Superseding Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten persons pursuant to G.L. c. 30A, 410A, are hereby notified of their right to request an adjudicatory hearing pursuant to G.L. c. 30A, 410, providing the request is made by certified mail or herd delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Superseding Determination, and is addressed to: Docket Clerk, office of General counsel, Department of Environmental Protection, one Winter Street, Boston, MA 02108. A copy of the request shall at the same time be sent by certified mail or ha.-4 delivery to the conservation commission, the applicant, and any other party. A Notice of Claim for an Adjudicatory Nearing shall comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR 1.01(6), and shell contain the following information: (a) the DEP Wetlands File Number, name of the applicant, and address of the project; (b) the complete name, address and telephone number of the party filing the request, and , if represented by counsel, the tame and address of the attorney; (c) the names and addresses of ell other parties, if known; (d) a clear and concise statement of (1) the facts which' are groads for the proceeding, (2) the objections to this Superseding Determination, including specifically the wanner in which it is alleged to be inconsistent with the Department's Wetlands Regulations, (310 CHR Moo) and (3) the relief sought through the adjudicatory hearing, including specifically the changes desired in the Superseding Determination; (e) a statement that s copy of the request has been sent to the applicant, the conservation commission and each other party or representative of such party, if known. Failure to submit ell necessary may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing. 2-2H SPECIAL CONDITIONS SWAMPSCOTT ROAD 1 . Public notice shall be given in the Salem Evening News twice prior to the commencement of activity. Such notice shall be in a timely fashion . 2 . Signs indicating forthcoming activity shall be provided at either side of Swampscott Road two weeks prior to the commencement of activity . . EX\DH`,_SWAMP.COND �VUN Cp Wz Conservation Commission ss Salem. Massachusetts 01970 3 $� f� ,0 31 L'ii N MA SsnCN�y CITY OF' SALEM CONSERVATION COMMISSION The Salem Conservation Commission will hear a Request for a Determination of Applicability, under the Wetlands Protection Act , Mass . G .L. Chapter 131 , Section 40 , at the request of Bardon- Trimount , Lynn Sand a Stone . The proposed work , located at the Town of Swampscott line to the railroad bridge that crosses over to Durkee ' s Corner and Essex Street consists of maintaining the shoulder of the roadway and correcting the grade within a Buffer Zone . The Request will be heard on Thursday, September 22 , 1994 at 7 : 00 p.m. , One Salem Green, second fluor conference room. Betsy Horne /3�< Chair Sept . 15 , 1994 Ex\DH\SWAMP.REQ This notice posted on "Official Bulletin Board" City Hall Ave., Salem, Mass. on f5gy at am in accordance with Clap. 39 Sec. 23A & 23B of M.G.L. 310 CMn 10.99 Form 1 or Foe No (to tat Moagt l M D8P) cdylown ... Commonwealth of Massachusetts Wit": Request for a. Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 1319 §40 .1. I.the undersigned,hereby request that the CITY OF SALEM Conservation Commisslori make a determination a$to whether the area.described below,or work to be performed on said sires,also described below,Is subject to the jurisdiction of the Wetlands Protection Act G.L c.131,jj40. 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) Location:Street Address 30 Danvers Road Swampscott, MA 01907 Lot Number: From Towndf Swampscott Line to the railroad Bridge that^crosses over to Durkee's Corner.and Essex Street 3. The work in said area is described below.(Use additional paper,if necessary, to describe the ' proposeo work.) k To maintain the shoulder of roadway which impedes the natural run-off of rain water. Correcting the grade of those sWmlders would restore natural run-off•.into the wetlands loacted on the Easterly side of Danvers Road. By performing such work, it would greatly .improve the safety of people using the Danvers roadway,, less chance of winter ice build-up and [[arch better site vision coming from a Westerly direction at the Salem Swampscott Line. •• r . 1.1 Effective 11/10/89 4. The owners)of the area.If not the person making this reouesl,has been given written notification of this request on September 6 1994 (date) The name(s)and address(es)of the owner(s): CITY OF SALEM One Salem Green / City Hall tp Salem, MA 01970 5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Protection -S�P.OT' 9 9(l (dale) DEP Northeast Regional Office DEP Southeast Regional Office 5 Commonwealth Avenue / Lakeville Hospital Woburn, MA 01801 Route 105 Lakeville,MA 02347 DEP Central Regional Office 75 Grove Street DEP Western Regional Office Worcester, MA 01605 Slate House West,4th Floor 436 Dwight Street Springfield,MA 01103 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 f will be billed accordingly. c�/ L3i>r a - ZYNIV Si9M[/ SPonature rnQ�� ""� sg Name • Tia'wNt°r"riY ,r' (� -PTatie Dir. Addresslad,4 '' fid n ���+, Tel. 617-5-26-VICA� 'mI8o7 5'td2J a �2 SEP 13 1994 ��®fry �ta3Asrurr�l ����. Ba�T� Marty McKenney Quarry Superintendent LYNN SAND&STONE Co. 30 Danvers Road,Swampscott, MA 01907 Tel:617-596-4105 Fax:617-599-8940 _ - WLL _ M6-L/6 13-AQ — 104.99 �WIL SII'. _111llL __ �'I1� — 1WllL 11ll1L _ SipR4GE x61.12 ARE4 s�ALfM _\111r \Afps�o 7, t BATCHING PLANT \\\ lin I PREPARED UNDER THE DIRECTION OF THE SALEM BOARD OF ASSESSORS BY 100 0 too 200 apo 400 AVIS AIRMAP INC. 9ROORL/NE—BRA/NIREf—MARTFORO 310 CMN 10.9 9 DPP Me No. (To be provided by DEP) Form 2 Salem CRY/ro" Apptioet Lynn Sanri ,e cr,� Commonvealth of ltassachuaetts Daft RequanFded Sept. 1312.U— Determination 2.Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, 540 Fr . t: Issuing Authority ToMarty McKenny City of Salem (Name of Person making request) (Name of property owner) Address30 Danvers Road Address Swamps n r u„a,i This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) © by certified mail, return receipt requested on X94 (date) Pursuant to the authority of G.L. c.131, S40, the Commission has considered your request for a Determination of Applicability and its sup- porting documentation, and has made the following determination (check whichever is applicable) : Location: Street Address Town of SWam rr T _'__ enaaerd Lot Number: N/A This Determination is positive. 1. ❑ The area described below, which includes all/part of the area described in your request, is an Area Subject to Protection under the Act. Therefore, any removing, filing, dredgingor altering of That area requires the filing of a Notice of Intent. 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. 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 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. ❑ 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 Buffer Zone, as defined in the regulations, but will not alter an Area subject to Protection Under the Act. Tharefore, Maid work does net require the filing of a Notice of Intent. SEE ATTACHED CONDITIONS 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 Signature(s) Y Thi etermi i n ust be si d by a majority of the conservation commission. on this 79 day of Sept 19 94 before me personally appeared the above named 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. � , f (l[ ( A July 15, 1999 Notary Pu lIc 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 from the date of issuance. The applicant, the owner, any person aggrieved by this Determination, any owner of lard abutting the land upon which the proposed work in 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 Department of Environmental Protection to issue a Superseding Determination of Applicability, providing the request is made by certified mail or hard delivery to the Department, with the appropriate filing fee and Fee Transmittal Formas provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Determination. A copy of the request shall at the sane time be sent by certified mail or hard delivery to the Conservation Commission and the applicant. 2-2A s* SEP 2 7 1994 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 will alter an Area subject to Protection Under the Act. Therefore, said work requires the filing of a Notice of intent. This Determination is negative: 1. ❑ The area described in your request is not an Area subject to Protection Under the Act. 2. ❑ The work described in your request in within an Area subject to Protection Under the Actbut will not alter that area. Therefore, a iIremove, fill, d work does notrequire thefili filing rof allotice of intent. 3. ❑ The work described in your request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to Protection Under the Act. Therefore, said work does not require the filing of a Notice of Intent. 6. ❑ 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 the Department of Environmental Protection signature On this day of 19 before me personally appeared , to me known to be the Person described in, and who executed, the foregoing instrument, and acknowledged that he/she executed the same as her free act and deed. Notary Public My commission Expires This Superseding Determination does not relieve the applicant from complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. This Superseding Determination shall be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by the Superseding Determination, any owner of land abutting the lard upon which the proposed work is to be done, or any ten persons pursuant to G.L. c. 30A, iliOA, are hereby notified of their right to request an adjudicatory hearing pursuant to G.L. c. 30A, 410, providing the request is nide by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Superseding Determination, and is addressed to: Docket Clerk, Office of General Counsel, Department of Envirormental Protection, one winter Street, Boston, MA 02105. A copy of the request shell at the same time be sent by certified mail or hand delivery to the conservation commission, the applicant, and any other party. A Notice of claim for an Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR 1.01(6), and shall contain the following information: _ (a) the DEP wetlands File Number, name of the applicant, and address of the project; (b) the complete name, address and telephone number of the party filing the request, and , if represented by counsel, the name and address of the attorney; (c) the names and addresses of all other parties, if known; (d) a clear and concise statement of (1) the facts which' are grounds for the proceeding, (2) the objections to this Superseding Determination, including specifically the manner in which it is alleged to be inconsistent with the Department0s wetlands Regulations, (310 CHR 10.00) and (3) the relief sought through the adjudicatory hearing, including specifically the changes desired in the Superseding Determination; (e) a statement that a copy of the request has been sent ko the applicant, the conservation commission and each other party or representative of such party, Failure to submit all necessary may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Nearing. 2-2B i SPECIAL CONDITIONS SWAMPSCOTT ROAD 1 . Public notice shall be given in the Salem Evening News twice prior to the commencement of activity. Such notice shall be in a timely fashion. 2 . Signs indicating forthcoming activity shall be provided at either side of Swampscott Road two weeks prior to the commencement of activity . EX\DH'\.SWAMP.COND