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SWAMPSCOTT ROAD & DELANSON ROAD - CONSERVATION COMMISSION RDA 5� ��+�u� Crr��,�. �u�� u�-�Ict� _..,. CITY OF ..SA-LEM .-_.- - a-711 -.Yxljll�. - r „ CONSERVATION COMMISSION August 14, 2009 Ms. Alicia Kabir Environmental Resources Management 399 Boylston Street, 6s'Floor Boston, MA 02116 Re: Determination of Applicability National Grid Installation of Utility Poles at two locations near 100 Swampscott Rd Salem, Massachusetts Dear Ms. Kabir: Enclosed, please find the Determination of Applicability for the above referenced project. Following the 10-day appeal period (as of August 28, 2009), you may proceed with your project. This Determination is good for three years from the date of issuance, August 14, 2009, except in Areas Subject Protection as stated in the Wetlands Protection Act under MGL c. 131, Section 40. If you have any further questions, please feel free to contact me 978-619-5685. Sincerely, Carey ques Cons rvation AnntISt Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau ofResource Protection - Wetlands I -�.. -= - 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 Erin Whoriskey/Mass. Elec. Co. (dba National City of Salem and Dana Dilisio return key. Grid) Name 1101 Turnpike Street 93 Washington Street and 10 Swampscott Rd Mailing Address (respectively) North Andover MA 01845 Salem MA 01970 City/Town state Zip Code City/town State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Figure .1. USGS Site Locus 5/13/09 Title Date Figure 2 Ortho-photo Work Locus 5/13/09 Title Date Figure 3. FEMA flood map 5/13/09 Title Date 2. Date Request Filed: May 18 2009 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): Installation of one new utility pole on the corner of Robinson Road; Installation of a grounding rod within pavement at the base of the existing utility pole #4330; and the installation of an anchor for existing utility pole#4331, five feet from the pavement of Swampscott Road. The work was completed prior to a Determination being issued so this permit is after-the-fact. Upon inspection the work was completed as proposed and there was not an adverse affect to the wetlands. Project Location: Utility Pole#4331 &#4330 on Swampscott Road Salem and on the corner of Robinson Road City/Town Map 11 Parcel 0002 Assessors Map/Plat Number Parcel/Lot Number vrpaform2.tloc•Delerrrvnalion of Appicability•rev.10/6/06 Page 1 of 5 Massachusetts Department of Environmental Protection -Bureau of Resource Protection - Wetlands s - K - -- - - _ •- 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 wpaforn2Aoc•Deem nation of Apph,;atnlity•rev.10/6/04 Page 2 of 5 Massachusetts Department of Environmental Protection �. - ._ s- -- a,:+^sztm+.�.. sTF,- 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 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 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. vryaforo 2ooc•Determination of Applicability•rev.1016104 Page 3 of 5 Massachusetts Department of Environmental Protection " Bureau of Resource Protection Wetlands' " - "" — I - . 1— 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: El by hand delivery on t� by certified mail, return receipt requested on / ' uU n 14( ZOQI 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 Determin on must be igned by a majority of the Conservation Commission. A copy must be sent to the appropr ate DEP Re tonal Office (see http://www.mass.-gov/dep/about/region.findyour.htm)and the property own (if differe from the applicant). Signatu s: z6o Date w aform2.0oc•Delerninadon of Applicability•rev.10/6104 Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of`Resource`Protection -Wetlands .'_.. .11.' "" " 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 http://www.mass.aov/dep/about/region.findyour.htm)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. 'w'paform2.tloc•Determination of Applicability•rev.1016104 Page 5 of 5 � UNITED STATES ��,� �P�««:Z. � M[ - - e ° »_ . Sender: m_ prin!your name, address, and z wmr box 0 17 cl c /\ > s� mConservation @_Uon m Washington Street,wm ; Salem,&01m 2 \ G rn ! COMPLETE THIS SECTION ON DELIVERY SENDER: COMPLETE THIS SECTION ■ Complete Hems 1,2,and 3.Also complete X.An ure Hem 4 if Restricted Delivery is desired. ❑Agent I ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. ecelved by(P ted Name) C. livery B. ■ Attach this card to the back of the mailpieoe, I I or on the front H space permits. 1. Article Addressed to: H delivery D. is delivery address y address Hem 1? Yes i n YES,enter tlelivess below: ❑No n` 3. Servic C!!r&rti ied Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise 13 Insured Mail ❑C.O.D. * 4. Restricted Delivery?(Extra Fee) ❑Yes 2, Article NumberIIq I! 1 1- r (rrensfer6omseMle cebeQ4il i 70,07n,14.9011. ;02 i31L7t6 9201 1 .. PS Form 3811,February 2004 Domestic Return Receipt 10259602-WI540 UNITED STATES POftGiFk'WA91ru.'"E..,." '* MA 0,11811 • Sender: Please print your name, address, and ZIP+4 in this box C") 0 Salem Conservation Commission c 120 Washington Street,3rd H s Salem,MA 01970 C Ai O „®®ryry f^{u I Ll SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete - A. ❑ Sig natu�j Rem 4 if Restricted Delivery is desired. X / Agent ■ Print your name and address on the reverse l7 1 ❑Addressee so that we can return the Card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1?.11 Yes K YES,enter delivery address below: ❑No I The Commonwealth of Massachusetts I+ Department of Environmental Protection 1! Northeast=Regional Office 205B Lowell Street a. servceType Wilmington,MA 01887 certified Man ❑Express Mail ❑Registered ❑Return Recelpt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number ... (transfer from service fabs!) + 7007 1490 0002 307619218/ PS Form 3811, February 2004 {�—191esucneturn Receipt 102595-02-M-1540 U.S. Postal Se,rvice.h; CERTIFIED,MAILT'" RECEIPT - -(Domestic Mail Only;No Insuiarre Coverage Provided) For delivery information visit our website at vd w.uspsxoma:;: WE M Postage ru Certified Fee /2009 '• 0 i. PS Form 3800,August 2006 x :See Reverse for Instructions Certified Mail Provides: ■ A mailing receipt ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: t r, _.,�z,., 11Certified Mail may ONLY be combined with First+Class Mail®Ior-Pdodty Mail®. ■ Certified Mall is notavailable for any class of international mail. ■ NO INSURANCE COVERAGE*IS'PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mal. ■ For an additional fee,a Return Receipt may be requested toprovide proof of delivery.To obtain Return Receipt service,please complete and attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece;"Return Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPSe postmark on your Certified Mail receipt is required. 'nl.,`_, _ ■ For an additional fee, delivery may be restricted to the addressee or addressee's authortzed,agent.Advise.the clerk or mark the mailpiece with the endorsement'Restricted Delivery'•�'; ■ If a postmark on the Certified Mail receipt is desired,Dlease present the art[- cis 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 and present It when making an inquiry. PS Form 3800,August 2006(Reverse)PSN 7530-02-000-8097 n at io n a lgrid Envi Whoriskey Environmental Engineer National Grid C; July 7, 2009 JUL 13 2009 4UT.O<-'PL W'-A;!iG& MAUNITY DE'rrLOF7V.ENT David A. Pabich, Conservation Chairman City of Salem Conservation Commission Salem City Hall 93 Washington Street Salem, MA 01970 Dear David: Massachusetts Electric Company d/b/a National Grid(National Grid) was in violation for installing a utility pole hfirthe-buffer zone of a wetland along Swampscott Road on the corner of Robinson Road and installing a grounding rod and anchor to an existing utility pole without a permit from the Salem Conservation Commission. Since the work was done without a determination from the Commission, the Conservation Commission voted to issue a fine of$200 to National Grid, paid in full within 30 days of receipt of the Notice of Violation(NOV). Enclosed is a check for$200 made out to the City of Salem Conservation Commission for the NOV received on June 17, 2009. If you have any questions please feel free to contact me at 978-725-1323. Sincerely, Erin Whoriskey Environmental Engineer National Grid Encl. 1101 Turnpike Street,North Andover,MA 01845 T:978-725-1323 ■ F:978-725-1530 ■ enn.whoriskey@us.ngrid.com 0 www.nationalgnd.com City of Salem Department of Planning & Community Development Check/Cash Receipt and-Tracking Form Please complete form and make two copies. Date Received / 01 Amount Received 700 Form of Payment Check ❑ Cash Client Information CASH PAYMENTS: client initials ❑ Sign Permit Application Fee ((JJ (�Conservation Commission Fee stn. Payment received for what El Planning Planning Board Fee/ ZBA service? ❑ SRA/DRB Fee ❑ Old Town Hall Rental Fee ❑ Other: Copies Name of staff person receiving payment USS Additional Notes MassachuseOs ElacMc Company dlDla� ' ';� FLEeTIMAme)N.A. ,, 05002460160 Nala011al Grid," ' - SOUTH PORTLAND,.ME 300 Erie Boulevard West + � 52'153/112 o Syracuse,NY 132024250 Date, 6/30/2009 Pay Amount $Zp0,00*'• Pay ****TWO HUNDRED AND XX/ 100 DOLLAR**** TO CITY OF SALEM - The CONSERVATION COMMISSION Order Cl/Y� LIIJ Of SALEM CITY HALL - 93 WASHINGTON STREET Aorized Signature SALEM, MA 01970 - 00500 2460 1,6115 1:0 1 120 1 S 391: B00 iB0a 2115 Original Check and Form: DPCD Finance Copy 1: Client Copy 2: Application File �. �evuur } CITY OF SALEM ��9 CONSERVATION COMMISSION June 17,2009 Erin Whonskey Mass Electric Co(dba National Grid) F 1101 Turnpike Street North Andover,Massachusetts 01845 Sent via Certified Mail 7008 1140 0004 0940 0536 and email Erin.Whoriskey@us.ngrid.com Red Notiee'of a Violation on Swampscott Road Dear Ms.Whoriskey: In accordance with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Bylaws,Mass Electric Co(dba National Grid)is in violation for installing a utility pole within the buffer zone of a wetland along Swampscott Road on the comer of Robinson Road and installing a grounding rod and anchor to an existing utility pole without a permit from the Salem Conservation Commission. This violation was first observed on Thursday May 28,2009. The attached photos document what was observed at the site. After discussing the.matter with you at the Conservation Commission hearing on May 28, 2009 it seems that there was miscommunication within Mass Electric Co regarding if a filing was required for the proposed work. The Conservation Agent,Carey Duques,met with Nicole Hayes from Environmental Resources Management(ERM)on site during the week of May 4. As a result of much discussion of the project it was determined,per guidance from DEP,that a filing would be required A Request for Determination of Applicability(RDA) was received from ERM on May 15,2008 and the item was placed on the agenda for May 28a'. After receiving a phone call reporting that the work had been done, Ms.Duques notified Ms.Hayes. Cathy Beattie from Mass Electric Co then contacted Ms.Duques,cohfirming that the pole and an anchor had been installed and apologized for the miscommunication within Mass Electric. The RDA application was opened during the May 28m Conservation Commission meeting and the Commission discussed the current status of the project. The Conservation Commission was displeased to learn of the installation of the poles prior to receiving a wetlands permit. Per the inspection of the site it does not appear that the wetlands or buffer zone was harmed by the proposed work. However,since the work was done without a determination from the Commission the Conservation.Commission voted to issue a fine of $200 to Mass Electric. This fine shall be paid to the Salem Conservation Commission within 30 days of receipt of this letter. i • i I The Conservation Commission also had concerns about who owned the property where the work was occurring and requested approval from those property owners for the work. The Commission questioned if other permits were required for the installation of the utility pole and associated work,such as approval from the City Council. Additional permits are outside of the Commissions jurisdiction,however the Commission strongly recommends that these matters be addressed as soon as possible. The Commission voted to continue the hearing to June 25 so the applicant can 1)confirm the property owners where the work occurred and 2) obtain any additional permits that may be necessary for the installation of the utility pole and associated work.. In order to receive a Determination of Applicability from the Conservation Commission please complete the following items: 1) Confirm that the owners of the property where the work occurred are supportive of the project 2) Confirm that all necessary permits,applications,etc,required for the completed work have been obtained. If you or the property owner(s) have questions please feel free to contact the Conservation Agent,Carey Duques at 978-619-5685. Sincerely, WL �cD C1� David A.Pabich,PE i Conservation Chairnan Cc: Beth Rennard,City Solicitor Cheryl LaPointe,City Clerk Tom St.Pierre,Building Inspector Nicole Hayes,ERM Massachusetts DEP,Northeast Regional Office, Wetlands and Waterways Encl. i 1 � ' .s vp 10 ACRES Gam'- Id _ x � r r i -f a 6 a f °�- r ..-:ter •.t o°b � .3.H";.£<e '" y @i� R " r. faYHiF' (.,/,rye d6 �'� .� QaY L� � �Y/nA FFy ` � i� L 1- 4�"Sr� A��^L,1 i 1 .r, � � v I�• To,� c^.+' . .� >,�.� ,�; s,�-t�.r. x's -moi , r `,� y,.� �.E Cs��.�� ,' �- F1+Li ��{fir /a ^-� '� � � -� �� -��'^ . �` j .- �, _ �j/aa K'r hJ �T V _(f Mi 1j� �� }� �, YY^ ", F mob" ,. y`, ".,.fA Y � r / rJ \ � - � '� �� A. 4 /jY 1 "f t't fr T .z& t .j} sJ. f f \tri 'fie �,rv. F5�� Q.".i � � Y 11 � � Environmental. Resources Management 399 Boylston Sheet,6th Floor Boston,NIA 02116 (617)616-7800 (617)267-6447(fax) July 21, 2009 http://w,gw.ern,.com Salem Conservation Commission 1 1 93 Washington Street Salem, MA 01970 L ` J ER RE: Massachusetts Electric Company Swampscott and Robinson Road Utility Pole Permit Status Dear Salem Conservation Commission Members: On behalf of Massachusetts Electric Company (MEC); Envirorunental Resources Management (ERM) is pleased to submit this letter to the Salem Conservation Commission regarding the permit status of utility pole# 4331-1 off Swampscott and Robinson Road in Salem, MA. In an effort to comply with all focal utility pole installation permitting requirements, MEC is continuing to work towards obtaining all necessary permits and authorizations from the City of Salem, Outing the month of June the MEC legal department, working in conjunction with the City of Salem, was in the process of determining which additional permits were needed. This determination was not completed in time for the June 23rd hearing. As a result ERM;on behalf of MEC, submitted a request to the Conservation Commission on June 23rd requesting a continuance of the wetlands Bearing to the July 23rd meeting, In the interim,MEC has paid the$200.00 fine imposed by the Conservation Commission for the premature installation of utility pole #4331-1. h1 addition, MEC has obtained the approval of Mr. Dana DiLisio, the property owner,for the installation of utility pole #43311, via his signature on a copy of the May 15, 2009 submitted Request for Determination (see enclosed documents). MEC legal and the City of Salem have completed their review of additional requirements/authorizations needed for the utility pole installation. It has been determined that no zoning permits are required for this project, however a street crossing permit is needed. MEC legal Salein Conservation Commission ..._r"` Environmental Iuly 21,2009 Resources Page 2 Management subsequently submitted a street crossing pert ut application on July 20, 2009 to the City of Salem. The application is current y unc er review. MEC and ERM are prepared to attend the continued hearing, currently scheduled for July 23, 2009.. Review and authorization of the street crossing permit may, however, not be completed by July 23,2009. The Conservation Commission may wish to resume the hearing on July 23, 2009, and condition the RDA on finalization of the street crossing permit. If the Commission wishes to wait until the pending street crossing permit is obtained, a further continuance of the RDA hearing would be required. Since the Commission does not meet in the month,of August, the next available hearing date would be September 10, 2009. MEC will defer to the Commission on whether to resume the hearing on July 23"11, or continue it until the September N'h meeting. We will contact the Conservation office to verify if we should attend the July 23rd meeting. Should you have any questions regarding this status report or pending hearing decision,please feel free to contact the undersigned at(617) 646- 7800. Thank you for your assistance. Sincerely, Nicole M. Hayes, PWS Jeffrey J. Plante, PE, CIPS . Wetland Scientist Program Director Attaclunent cc: Massachusetts Electric Company, Erin Whoriskey �. Jun, 3, 2009 11 :42AM IRMI Man s#iId No, 0208 F.. 2 S. q 4 ' 1 f P Request for Detemination of Applicability Massachusetts Electric Company(dba Mational Grid) Swampscott and Robinson Road Utility Work Salem, Massachusetts ERM RafarencOM M953 15 May 2099 .1 Doliverinq scustainable solutions in a more competitive WON ERM Jun. 3. 2009 11 42A EftMi Mansfield h. 0208 P. 3 REQ GEST POR.DETERMINATION OF APPLICABILITY UNDER TIIE MASSACHUSETTS WETLANDS PROTECTION ACT AND THE CITY OF SALEM WETLANDS PROTECTION ORDINANCE Proposed Utility Pole Work Swampscott and Robinson Road Salem, Massachusetts Applicmat: Massachusetts Electric Company(dba National Grid) May 19,2009 t t elanr'etl By., Environmental Resources Management 399 Boylston Street,ti«,Floor Boston, MA 02116 Jun. 3. 2009. 11 :42AHi ER?r1 Mansfield No, 0208 P. 4 Massachusetts Department of Environmental protection Salem Bureau of Resource Protection-Wetlands cerrRown WPA Form 1® Requost for Clotermination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: - Wien rdiin9 out 1• ApplicanL forms on the Erin Whoriskey/Mass. Elec.Co,(dba National Grid) ern whoriskev_us_ngrtd.com comptrier,use Name E-Mail Address only the rah key 1101 Turnpike Street to move your cursor-dont Malling Address . use the return North Andover MA 01845 _ key. alyrrown state Zip Cate 774-364-3445 978-%25.1530 ie Phone Number. Fox Numbar(r applicable) 2. Representative(if any). VA t--'RM _. Firm Nicole Hayes nioote.hayes(iiierm.com Contact Name E-Mail Addross 399 Boyleton Street 6u'Floor Mailing Addro*o Boston MA _ 02110 Gityrrown. Stale 21p code 617.640.7806 508-261.7777 Phone Number FeX Number(irnpplimble) 13. Determinations 'I. I request the Salem make the following detormination(s).Check any that apply: Conservation Commission ❑ a.whether the area depicted on plan(a)andfor map(s)referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ❑ b.whether the houndarles of resource arba(s)depicted on plan(s)andfor map(s)referenced below are accurately delineated. 0 e,whether the worlr dopleted on plan(s)referenced below is subject to the Wetlands Protecton Act. d.whether the area andfor work depicted on planreferenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of_ Satom.Massarhus®its. NemH of ManiClpatily - ❑ e-whether the following scope of alternatives 1$adequate for work in the Rive rfront Area as depicted on referenced plait($). "v�amt.an v.Vt144 Jun. 3. 2009 11 :43hM ER'MIIansffald110. 0208- P. h Massachusetts Department of Environmental Protection Sal©m `} Bureau of Ke5D1JfCe protection -Wetlands cily/rovm WPA Form 9- Request for Determination of Applicability Massachusetts Wetlands protection Apt M.(3,L. G. '131, §40 C. Project Description 1. a. Project Location(use maps and plans to identity the location of the area subject to this request): LRilily pole x14331 &#4530 on Swampscott Road Salem a _eil fho Cerner of RDbin$ah Road. cllyRnwn Mlldap 14 Parcel 0002 Assessors Mifflat Number Parcr.Ulol Number - b. Area Description(use additionaf paper,if necessary); Areas proposed to be impacted will occur within the right of way of S,uampscolt Road and Robinson Road,which are located in buffer zone of Pardering Vegetated Wetland and also Mverfronl Area of an unnamed stream. o. Pian and/or Map Reference($): F[ ure 4.USGS Sifo Locus Date 9 Title Dale Faure 2 brfha-photo Work locus 5!43!09 Tito Onto Figure 3 FEMA hood Map 5143109 `rllre Date 2. a. Work Description(use additional paper and/or provide pistils)of work,if necessary): MEC proposes three minor activities all located within Suffer zone of Bordering Vegetated Wetland and Riverfront Area. The three activities are the installation of one new utility mole on the corner of Robinson Road. The installation of a grounding rod within pavement at the base of existing unity pole 9 4330. And the installation of an anchor for oxisting utility pole#4331;5 feet from the pavement of Swampscott Road. Since these minor activities are temporary in nature and occur within disturbed areas, no Impacts tO the adldCel)t resources are prOpa3e6 - P-q-2.14 Npa;o-rtnl.3ic f Jun. 3, 2009 11 ,43AM ERM Mansfield No. 0208 P. b Massachusotts Dopartinelit of Einvirontnental Protection Bureau of Resource Protection Wetlands sales, City/Town alem WPA Form 1® Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 181, §40 G. Project Description (cont.) b, identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant . from having to file a Nortce of Intent for all or part of the doscribod worl<(use additional paper,if necessary). 3. a. If this application is a rtequesifor Determination of Scope of Alternatives for work in the Riverfront Area,indicate the one classification below find best describes the project. F1 Single family house on o lot recorded on or before 8108 ❑ Single family house on a lot recorded aftor 8/1196 ❑ L-"xpansion of an existing structure on a lot recorded after Of(196 ❑ Project,Other than a single family house or public project,where fife applicant owned the tot before 017196 ❑ New agriculture or aqurtculture project ❑ Public project where funds were appropriated prior to 817196 ❑ Project on a lot shown On an approved,definitive subdivision plan where there is a recorded dead restriction limiting total alteration of the Riverfront Area for the entire subdivision ❑ Residential subdivision;institutional.industrial,or commorclai project ❑ Municipal projoct ❑ District,county,state,or federal government project ❑ Peoloct required to evaluate olt•6ite alternalfves In more than one municipality in an Environmental impact Report ander MEPA or In on alternatives analysis pursuant to en application for a 404 permit from the U.S.Army Corps of Engineers or 401 Water Quality Corlification from the Department of Environmental Protection. b. Provide evidence(e:g.,record of date subdivision lot was recorded)supporting the classification above(ose additional paper andlor attach approptiate<focuments,if necessary.) Pxy,'Jci9 ,parami.dw Jun. 1 2009 11 :43AM ERM Mansfield 1110. 0200 P. 1 LLIq1111assachtfsefts pepartrnont of Environmental Protection sateen Bureau of Resource Protection -Wetlands clytrown VVPA Form I- Reciuest for Determination of APPOcability Massachusetts Wefiands Protection Act M.G.L. c. '13 i, §40 �J. iJnatures and Submittal Requireme11ts 1 hereby codify undor the penalties o�periury that the foregoing Request for Determination of Applicability nts, and supporting data are true and complete to the best of Illy and accompanying pions, docwne knowledge. I frlifIler certify that the property owner,if different from the applicant,and the appropriatetioh) DEP Regional office were senna complete copy of this Request(including all appropriate docutnenta ,fntultancously with the submittal of this Request 10 the Conservation Commission. Failure by the applicant to send GOODS in a timely manner may result in dismissal of file Request for Determinallon of Applicability. Name and address of the property owner: Ric{_t it of Waw of Robinson and Swam sop ott Roads -- Nome Salem Town Hall Mallhrg Andres$ Salem cltytrown 01970 - MA __ Zip code state Styttafures: I also understand that notification of tills Request will be planed in a local newspaper at my expense in accorr-dance with SI}ection'{l0'05(3)(>)(I)\of the Wetlands protection Act regulations. — -- Date Sigpahue of Appiic:�nt _. UaFb 5idn ni of ep esenlai�e{if ally) l"iWnzR. ul t&NA U& 11-(A- gs31 = 1 p.pa4.14 Jun. 3, 2009 11:43AM E[AM +lanshP16 N 0206 - REQUEST FOR DETERMINATION OF APPLICABILITY®WPA FORM1. NARRATIVE 1.0 I'tIRI>OSE FOR THE RFQIILST Or DETEP•hj1NATfON 2.0 ]tIRISDICTIONALAREAS 3.0 PROPOSED MINOR WORK 3.1 BEST iV ANA GEMENTI)RACTICFSW COPY OF]LOCALFIL'ING FE S FIGURES Figure 1.Site Locus Map Figure 2. Site Plan Figure 3.FEMA Flood Map URM Jun. 3. 2009 11 ;44Ahn ERM Mansfield �U. 0208 f. 4 1,.D I't7ItPOSk FOR THE REQUEST FOR DETERMINATION lvlassachttsetW Electric.Company,(MEC)proposes three whior activities located within the Buffer Zone of Bordering Vegetated Wetland(BVW) and ftiverfront Area of an un-named stream(see Figure 1). These activities are: the installation of one new utility pole on the earner of Robinson Road(pole#43314), the installation of a grounding rod within pavement at the base of existing utility pole##4330, and the installation of an anchor for existing Utility pole #4331;five feet from the pavement of SwanrpscottRoad(see Figure 2). Since these uW'Lor activities are temporary in nature,mostly occur within disturbed areas and Best Management Practices and erosion control measures will be utilized;no impacts to adjacent resources are proposed. As a result;lvl'BC respectfitlly requests that the Salem Conservation Couunission grant a negative determination for the proposed work. erne Jun. 3, 2009 11 :44AM ERM Miansfieli P7o. 0208 P. 10 2.0 JURISDICTIONAL AREAS This section of Swampscott mid Robinson Road are within Buffer Zone to Bordering'(egetated Wetland(EVW)and the 200-foot Pdverfront Area of an uruiamed stream(see Figure 1). A review of the latest edition(2008)of the Massachusetts Natural Heritage and Endangered Species Program(NHESP)Rare Species Atlas indicates that rare species habitat,areas of critical conceit,and certified vernal pools are not located on or near the work areas(see Figure 2). And according to the FEMA Flood Maps as shown in Figure 3,the project areas are not within the 100 foot floodplain. ARM tun. 3. 2009 11 :4441 ERMWlansfield No. 0208 N, li 3,p PROPOSED MINOR WORK 'I'lte proposed project includes the installation of a grounding xod,new utility pole,and anchor. The-}hounding rod is proposed to be installed at the base of existing utility pole#1330 within the paved sidewalk of , Swampscott Road,proposed utility pole(44331=1)will be installed within the disturbed,nowt vegetated right of way associated with Robinson Road. And the proposed anchor for utility pole #4331 will be installed 5 feet behind the existing pole and 5 feet up-gradient of the wetland line. Since the grounding rod and proposed utility piffle will be impacting pavement and disturbed,non vegetated areas;no impacts to the statutory interests are proposed by this work. The installation of the proposed anchor for.pole#4331 will impact approximately 2 square feet of buffer zone within the outer Riverfront area{greater than 100 feet from the streaan). Initially the location of the anchor wits proposed to be 10 feet front the paved sidewalk and directly on the wetland line. In an effort to prevent resource impacts the anchor location was moved 5 feetup_ gradiealt;which will secure the utility pole but prevent wetluhd resource impacts. To farther prevent potential impacts,erosion control devices such as staled haybales or silt fencing will be installed before work begins. h1 addition,a line track equipped with a telescoping auger pole will be utili2,ecl. This truck will be parked within the pavement of Swampscott itoad while the telescoping auger pole extends over the side to drill the new anchor unto the ground, original soils will tie used to backfill the , grade proposed.es are c hole. SoII impacts will nwumal andi-10 g g ena� Jun. 3. 2049 11:44AM ERIM Mansfield �7o. OZUB P. It 3,x Best MattagettteiatNactices MEC will implement Best Management Practices(P1V1Ps)to min nme potential dishurbances to the adjacent wetland aid Riverfront Area, These BMPs will include,but are not limited to,the following measures: 2,The majority of the work will be in previously dishubed arena(i.e. concrete or asphalt)so that alterations will not create fitrtl er Riverfront Area impacts to non-disturbed areas. 2. All vehicles and/or equipment used will be positioned ort disturbed surfaces suchSwantpscottRoad and/or associated driveway/ parking areas to reduce potential impacts to non-distwbed Riverfrout Area, 3. Erosion control measures will be used to reduce potential impacts to adjacent resources. zx 1 aJ 1 44A F9 &\h «! . ' CD . Co Lo ƒ c gni . ƒ: \ . J § . . . . i \ � � . � • . ( . © � » ® - . o \ Jung 3. 2009 11 :45AM ERM Mansfield Jo. t11U8 e. iq +� t • 9: � ' .. r �' pl) ti a.,5 � ... a ns• v�:, � { ` d ;..... n -J/C�i� '` r"1 1+ �� 1. ' �`� ` `•) �\ ,. L ` �'�,•. 'ice, t� � � `' � �"�,'�-• � �" n syy' ) ' r. ' (. — Q• �Zy �'• � f +•� ., �`\3' �t� � .)gyp J4!• I• �� `� 4 � ^JY �� .c�1i �� !t . 14� � -• Vie,. r PLOniGI31 . '�- Saxtti �$({S 70gvgmpha Qdads(21)D1)andalhard.�IromO(hce afGea3mphic and EnPironnrntallnfom'alron(M3ssG15), Comi,ur,,saa!Ih O(Fh�sscA�sedeEkealNeO[6ceagtend Y and Fnwronm�nlslA((o:�s. 0 P,aposedPol9Locellae FyVOR analSVearos Etl911N PotaAppm#rnaleLmsifm —''nerenela4 sMj Codified Name)Pack Nl->ESP(2000) u io,odnoni Figure d- USGS Loals Map for tF, t'JfESP Edi m ed I WA31of here Wads Associated With ViW IE'a to WoUand Noss(2000) M-p Wodands(MV) - - Swampscott and Robinson Road, ' -- t�nta9M19 .' ttsee o I,000 2,000 3,000 _ n,dmlep«eM1,e � —_ Salem, MA Feet M b,Luv W Ie L e NOod a 6,remp rpprran5veoam Ltmii ;,,onm..+, - £RM 725,000 --• Cuwrottm U lie .-A A iF14 ,'�Jjtt'.5-17 A H v "Ya w'w Kiq J.-N, "T N"4g'm 1� -j li Vj........... AM."O"Z A t -'s Ijr"%A 11. 1, 501, NbN it '4 M, ................ V 43' gy ayid egand 0 PriposcriWoLucalion & Egsting polo Appfoearneia Location Perennial 6 PonposcdAlldor tnt.uawrif vb C,,Wcd WmW Poole NW-6P WrOP) F19(fre 2-Site PlaRfOr tolEGP EsUroerlid Habitat of Role P(oposed Utility wolk ilamh Swampscottand Robinson ROA 0 100 200 300 Salem, MA Feet Vboded&�,p �u AppruentMiland Unni Set(Moran ERM Cl.aurcrl.lrio i { F tti 4�.i it(wat f'r{yWxL 36t 15 *k#} "N {{t4 of T�w 7 qYl P�1 J y N q h i` )fr ST k f ,liar°,t5a �'s+S tlttit 63h4+,y lgV,iYAt' Jt '* � Yt f x •. +; Ix3iF'Mn 1 �t • e , u,4j` }yi 4 etf ICi¢�y ! {t i` f t'ztfsfa 11'Irttttz " �~ Iti +>id`'* j Y,. . 59 s�,K it rat�A yfK on ab3rCr*+ } fit{ r x rill ''s+ eY !4 t t u r m t�L?+xy JJ st r k ,fit,t+r tti''h9}.rx� r As +:4T',j�$4c�4iy"' Jt• ,�t t+� :Jy (z/��",>•ily,. px�. ,++ 4� t f tat+ir+''r'!v^ � � �y�y'+.�}` 5p� .t + � +�^YA s��'i, �dart +j5v, t " 1 �.4 ��{y�rt Jt''('Ylrf f �S!j t f ^tri t��k ��' ��.' r11 5�`YY�" (�!r• 1� ,�"'�'�aM��pp,. brlf .. 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S?r•>f?J�k �3�1�7 '. i � '� Y� St>��§� ,r'��'�gyl�Y� '�(�,�e+i 4l��; ' J t'�" 2' �'; + 7 •� .w ,`A�'iF�"� - '��+fly i; 1`lC�.�'h. � l tri � }��^•*r�' '��j z�:h�i��l•'q?{�s�f�� a�,��'ft�� `1��'� ��ti .X't t �� 4�' ' �y�,.�� N �.`�' " s�� j ,kq 'rP, f f ��f�l�a,�y�,��t�'}'�i?��*XGr�;�:*>fa`�•5 #�� a;�;.e+z��Y��iri��'rl��' ,>i��1 f��bfi7� v$�t.:'�'`. •t >+' . 5 f � , �;s1�5!.��s J:w t , a•� e 1 111 fl 111 a III UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box Salem Conservation Commission 120 Washington Street,3rd Fl Salem,MA 01970 i i I COMPLETE� ■ Complete.items 1,2,and 3.Also complete A. Signature i Item 4 if.Restricted Delivery Is desired. 0 Agent ■ Print,your name and address on the reverse X 0 Addressee so tfist'WB call return the card to you. B. Received by(Printed Name) - C. Date of Delivery ■ Attach this card to the back of the mallplece, or on the fiorit'if space permits. 1. Article Addressed to: D. Is delivery address different from Rem 17 0 Yes If YES,enter delivery address below: 0 No 1t�, 3. Service Type O 1 � 1 i - ACertified Mail o Express Mail �} _I MA 1$-1 � 0 Registered 0.Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. �1 1 4. Restricted Delivery?(Extra Fee) 0 Yes -2t Article Number 70O$ 1140 0004 0946-05-- 36 (rra'd's�eylioNdseA%k3giab�'w. e'_'� R �S Fo1fn"a$Tx�.fgbgi�20O4 Domestic Return Receipt 102595-02-M-1540 i Environmental Resources d'9 Management LETTER OF TRANSMITTAL 399 Boylston Street,&h Boston,MA 02116 ERM (617)646-7800 (617)267-6447 FAX To: Salem Conservation Commission Date: May 15, 2009 93 Washington Street Project #: 0101053 Salem, MA 01970 Subject: RDA Swampscott Road Salem, Massachusetts Enclosed please find: X Copy of Report Proposal Professional Profiles Copy of Letter Graphics Other Solicitation for Pricing Co ies Date of Information Description 8 May 15, 2009 RDA These are transmitted: For your review _ Approved as submitted Resubmit copies for approval For your information _ Approved as noted Submit copies for distribution Per your request _ Returned for corrections Return corrected prints x For your action for your records For bid due Prints returned after loan to us Message: Enclosed please find the Request for Determination for utility work along Swampscott and Robinson Roads in Salem, Massachusetts. ECEN�E Signed: MAY 1 8 2009 icole M. Hayes, S etland Scientist -PT.C+RLMPANG& 10"k,fLr4.rryr"EVE11roC 1T PS w no+ I� a�c� A 9 �8 fJ 2An� d4 oowtVa2 , M3SSoctCl CIt.Q-CIUI. Ka.'Li 1111it w f1 '_"� F Ny -ko it )SI SST i ux a 9 a pM. Request for Determination Massachusetts Electric Company(dba National Grid) Swampscott and Robinson Road Utility Work Salem, Massachusetts ERM Reference:010105 15 May 2009 www.erm.com -f Delivering sustainable solutions in a more competitive world ERM i REQUEST FOR DETERMINATION OF APPLICABILITY UNDER THE MASSACHUSETTS WETLANDS PROTECTION ACT AND THE CITY OF SALEM WETLANDS PROTECTION ORDINANCE Proposed Utility Pole Work Swampscott and Robinson Road Salem, Massachusetts Applicant: Massachusetts Electric Company (dba National Grid) May 15,2009 Prepared By: Environmental Resources Management 399 Boylston Street, 6th Floor Boston, MA 02116 ERM REQUEST FOR DETERMINATION OF APPLICABILITY-WPA FORM 1 NARRATIVE 1.0 PURPOSE FOR THE REQUEST OF DETERMINATION 2.0 JURISDICTIONAL AREAS 3.0 PROPOSED MINOR WORK 3.1 Best Management Practices Figure 1. Site Locus Map Figure 2. Site Plan Figure 3. FEMA Flood Map ERM Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem L71 WPA Form 1- Request for Determination of Applicability City/Town Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the Erin Whoriskey/Mass. Elec. Co. (dba National Grid) erin.whoriskey@us.ngrid.com computer, use Name E-Mail Address only the tab key to move your 1101 Turnpike Street cursor-do not Mailing Address use the return North Andover MA 01845 key. Cityrrown State Zip Code 774-364-3445 978-725-1530 � Phone Number Fax Number(if applicable) 2. Representative (if any): ERM Firm Nicole Hayes nicole.hayes@erm.com Contact Name E-Mail Address 399 Boylston Street 6th Floor Mailing Address Boston MA 02116 CityfFown State Zip Code 617-646-7866 508-261-7777 Phone Number Fax Number(if applicable) B. Determinations 1. I request the Salem 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 plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Salem, Massachusetts 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 Page 1 cf 4 i Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1- Request for Determination of Applicability City/Town 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): Utility pole#4331 &#4330 on Swampscott Road Salem and on the corner of Robinson Road City/Town Map 11 Parcel 0002 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): Areas proposed to be impacted will occur within the right of way of Swampscott Road and Robinson Road, which are located in buffer zone of Bordering Vegetated Wetland and also Riverfront Area of an un-named stream. c. Plan and/or Map Reference(s): Figure 1. USGS Site Locus 5/13/09 Title Date Figure 2. Ortho-photo Work Locus 5/13/09 Title Date Figure 3. FEMA flood Map 5/13/09 Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): MEC proposes three minor activities all located within Buffer zone of Bordering Vegetated Wetland and Riverfront Area. The three activities are the installation of one new utility pole on the corner of Robinson Road. The installation of a grounding rod within pavement at the base of existing utlity pole# 4330. And the installation of an anchor for existing utility pole#4331; 5 feet from the pavement of Swampscott Road. Since these minor activities are temporary in nature and occur within disturbed areas, no impacts to the adjacent resources are proposed. w aforml.doc Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Salem 1 WPA Form 1 - Request for Determination of Applicability Ciry(rown 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). 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.) "aforml.doc Page 3 of 4 i Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands Salem WPA Form 1 - Request for Determination of Applicability City/Town 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: Right of Way of Robinson and Swampscott Roads :LI Name Salem Town Hall Mailing Address Salem Citylrown 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. ee ku Who(-iskty 541slc`/ Signature of Applicant I Date 71J . w� SI/r/U 5 Sign u of Represents a(iflany) Date "aforml Eoc Page 4 of 4 i 1.0 PURPOSE FOR THE REQUEST FOR DETERMINATION Massachusetts Electric Company (MEC) proposes three minor activities located within the Buffer Zone of Bordering Vegetated Wetland (BVW) and Riverfront Area of an un-named stream (see Figure 1). These activities are: the installation of one new utility pole on the corner of Robinson Road (pole#4331-1), the installation of a grounding rod within pavement at the base of existing utility pole #4330, and the installation of an anchor for existing utility pole #4331; five feet from the pavement of Swampscott Road (see Figure 2). Since these minor activities are temporary in nature, mostly occur within disturbed areas and Best Management Practices and erosion control measures will be utilized; no impacts to adjacent resources are proposed. As a result, MEC respectfully requests that the Salem Conservation Commission grant a negative determination for the proposed work. ERM 2.0 JURISDICTIONAL AREAS This section of Swampscott and Robinson Road are within Buffer Zone to Bordering Vegetated Wetland (BVW) and the 200-foot Riverfront Area of an unnamed stream (see Figure 1). A review of the latest edition (2008) of the Massachusetts Natural Heritage and Endangered Species Program (NHESP) Rare Species Atlas indicates that rare species habitat, areas of critical concern, and certified vernal pools are not located on or near the work areas (see Figure 2). And according to the FEMA Flood Maps as shown in Figure 3, the project areas are not within the 100 foot floodplain. ERM 3.0 PROPOSED MINOR WORK The proposed project includes the installation of a grounding rod, new utility pole, and anchor. The grounding rod is proposed to be installed at the base of existing utility pole #4330 within the paved sidewalk of Swampscott Road. Proposed utility pole (#4331-1) will be installed within the disturbed, non-vegetated right of way associated with Robinson Road. And the proposed anchor for utility pole #4331 will be installed 5 feet behind the existing pole and 5 feet up-gradient of the wetland line. Since the grounding rod and proposed utility pole will be impacting pavement and disturbed, non vegetated areas; no impacts to the statutory interests are proposed by this work. The installation of the proposed anchor for pole #4331 will impact approximately 2 square feet of buffer zone within the outer Riverfront area (Seater than r 100 feet from the stream). Initially the location of the anchor was proposed to be 10 feet from the paved sidewalk and directly on the wetland line. In an effort to prevent resource impacts the anchor location was moved 5 feet up- gradient, which will secure the utility pole but prevent wetland resource impacts. To further prevent potential impacts, erosion control devices such as staked haybales or silt fencing will be installed before work begins. In addition, a line truck equipped with a telescoping auger pole will be utilized. This truck will be parked within the pavement of Swampscott Road while the telescoping auger pole extends over the side to drill the new anchor into the ground. Original soils will be used to backfill the hole. Soil impacts will be minimal and no grade changes are proposed. ERM i 3.1 Best Management Practices MEC will implement Best Management Practices (BMPs) to minimize potential disturbances to the adjacent wetland and Riverfront Area. These BMPs will include, but are not limited to, the following measures: 1. The majority of the work will be in previously disturbed areas (i.e. concrete or asphalt) so that alterations will not create further Riverfront Area impacts to non-disturbed areas. 2. All vehicles and/or equipment used will be positioned on disturbed surfaces such Swampscott Road and/or associated driveway/ parking areas to reduce potential impacts to non-disturbed Riverfront Area. 3. Erosion control measures will be used to reduce potential impacts to adjacent resources. ERM Nicole Hayes 2579 Matthew Hayes 53-70W2116=canal street Medway,MA 02053 Sob-533-9795 t' S - Pay to the J oaie Order of $ a�LLUp Dollars B TO BanlmaM Fmminghanm,MA IC017011p� y� � Fore" C. W��n Su wl SW wa ,�� . 1: 21i3705b51: 8057724211• C 579 + • wmv.NsbPnnitim Y v -9 r _ 1.v,°s: 1, `mss "��t;�=j ('` �{E� �i 1 _ >•I�� t �. 1� (�` � � ti •1 } 6 3 a �- rr� l�,,r � ` f • � r � F C p ) � ��1/�� i.`'1 �1 r `� FG� 4r � '{7� *It,:.�`'' :.-91 � 'h�..•: `��l e r ICY �•., 1 M rG Imo. w ,r � _ yf fitomcna ,r Source: USGS Topographic Quads(2001)and other data from Office of Geographic and Environmentallnformation(MaSSG1S), Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs. Legend p/ Proposed Pole Location Rivers and Streams Existing Pole Approximate Location - Perennial 143 Certified Vemal Pools NHESP(2009) ---- Intermittent p p ®NHESP Estimated Habitat of Rare Figure 1 - LI GS Locus Map for VNldlife in Wetland Areas(2008) DEP Wetlands(2007) Work Associated with 0 1,000 2,000 3,000 — Shoreline =:: Marsh Swampscott and Robinson Road, — HydmlogcConnection Salem, MA Feet ___ vv,oded swam Mean Lox Water Line p 1:25,000 Apparent Weland Limit - -- Cosure Lina _ salt Marsh ERM r Ao-��,6� ;� �•i a �`' n �'•,, � qY 3 vl �� ,� hs .� �i '.'in 'T aa° ��. F �72-nw 5� w � ",A✓ �6' a�' v.� �• �� ^'�� x� � #S(+a'fi' sty ar tet✓ a. fJ .' $rLa dt r,.,✓` .'�•t 1f' 5rT - 'p�s� ac jSr • ,4 w: ,}�,, VI IFsfO' °t < �-" ` `�f'.'� ate•` ° " -th-� m. x '85sp'4�4 `+M1. 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Legend 0 Proposed Pole Location Rivers and Streams & Existng Pole Approximate Location Perennial 41 Proposed Anchor ---- Intermittent Vb Certified Vernal Pools NHESP 11• Figure f Ram '^ n for •Widiffe in Milano Areas 11: ••• 1 Utility Work , 1 100 200 300 IFP 0'7) Marsh — Shoreline Swampscottand Robinson R•.1 1jjjjjjjjj Feet — Hydrologic Connection' 1:2.400 — Apparent Wetland Limit Wooded Svvamp Salem, MAClosurel-ine Salt Marsh ERM K,�,.yr eq$�°.'.EM�y wf�hxs,vp�rSsy4.*d@.��'rE�e$Siti.'C.��.Fe2�xr-tt�f��.ijgT lz��?qy,�.Y��'��l�ti��syilvy�±'Ys�}•v`7,rA�q"�«�rL3,3�.��'�M�r.rih�+4•y,�j�.'r��te�''rf)va?-+ir..Mr+aii ii.te'.e'��r,Xfri#�}x�1•iy°�#'y�l'„y.k�.y+'rYy.*1&."l-N.�Ny�A�;+N'`..'r1't+tke�, r1rt1 �.c�'+i wY��i°T''�$�?.�vita�is�4 d.'„.Yf�5�g�'�..�A'i+„�ke',„i�x,tU4�zt;�.,�'.0°,`'..._t'js�.�+--��•J�5gN"p`,��F.}.�- �ar��rx.K,�� 19 '. rj,IY ry�i�rt3z. � Aa�' �yu. 4100R{"W 6'� 2' r"+y'�t✓4YT."'�A a '� �� tX F �4 -y� ��h"�jr �� v � i» Otto .rt, x y. w -tif•v3";.,„� i �;' ♦y, .Fr :' .� INV ey I • "� r s' zrxw, rp �z�a' x ; g f +•'� F n C Y. r� �1��qy '4a ♦ Vfl{ Mt. fr A'<t.- ;rc' y rr� n (ova ytrritl 4 ?}'^M17 l� Flt1i^ayy,� k t ♦:�. 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Commortmalth of Wssadiusefts Executive Offlce ; Legend0 Proposed Pole Locaton * Proposed Anchor FEMA 03 F lood Zones(1997) _ FigureFloodFEMA Map 1 1,000 2,000 3,000 117�1 AE Swampscottd Robinson '•, Feet Cm X500 Salem, MA 111 ERM ate' ERM Maos field No. 0208 P. 1 yachoseffs department of Environmental Protections solani tau of Resource Protection -Wetlands cityrrown PA i:oIrm 1= Request for Determination of Applicability assachusetts Wetlands Protection Act M.G.L. c. 938, §40 D.9 tures and Submittal Requirements 6icabilit hereby certify under the penalties o�parjury that the foregoing Request for Determination of App' Y I and accompanying plans, documents,and supporting data are true and complete to the best of my knowledge. 1 further certify that the property owner a completeer,if different from the applicant, and the appropriate DEP Regional Office were secopy of this Request(including all appropriate documentation) x simultaneously with the submittal of this Request to the GonServatlan commission. n a timely manner may result In dismissal of the Request for Failure by the applicant to send copies i Determination of Applicabillty. {Name and address of the property owner: Rig{zt of VVa of Robinson and Swam Scott Roads Marne Salem Town Hall MaIIIngAdoresa - - Salem — cllymwn 61970 - MA zip Gods state Signatures: also understand that notification of this lRequest eill be aprotectionediato Act rnewspaper at my expense in accordance with Section 10.05(3)(b)(• ) of�Q tca WRa�i51LaT Signatura o#Applicant - fiats s ye u� of s 'esenta a(if aHyl (7Wne_P v}� tuo-d � pota, ' 331 = 1 i Np4.74 CITY OF SALEM Of CONSERVATION COMMISSION June 17, 2009 Erin Whoriskey Mass Electric Co (dba National Grid) 1101 Turnpike Street North Andover, Massachusetts 01845 Sent via Certified Mail 7008 1140 0004 0940 0536 and email Erin.Whoriskey@us.ngrid.com Re: Notice of a Violation on Swampscott Road Dear Ms. Whoriskey: In accordance with the Massachusetts Wetlands Protection Act and the City of Salem Wetlands Bylaws, Mass Electric Co (dba National Grid) is in violation for installing a utility pole within the buffer zone of a wetland along Swampscott Road on the corner of Robinson Road and installing a grounding rod and anchor to an existing utility pole without a permit from the Salem Conservation Commission. This violation was first observed on Thursday May 28, 2009. The attached photos document what was observed at the site. After discussing the matter with you at the Conservation Commission hearing on May 28, 2009 it seems that there was miscommunication within Mass Electric Co regarding if a filing was required for the proposed work. The Conservation Agent, Carey Duques, met with Nicole Hayes from Environmental Resources Management(ERM) on site during the week of May 4. As a result of much discussion of the project it was determined, per guidance from DEP, that a filing would be required. A Request for Determination of Applicability (RDA) was received from ERM on May 15, 2008 and the item was placed on the agenda for May 28th. After receiving a phone call reporting that the work had been done, Ms. Duques notified Ms. Hayes. Cathy Beattie from Mass Electric Co then contacted Ms. Duques, confirming that the pole and an anchor had been installed and apologized for the miscommunication within Mass Electric. The RDA application was opened during the May 280' Conservation Commission meeting and the Commission discussed the current status of the project. The Conservation Commission was displeased to learn of the installation of the poles prior to receiving a wetlands permit. Per the inspection of the site it does not appear that the wetlands or buffer zone was harmed by the proposed work. However, since the work was done without a determination from the Commission the Conservation Commission voted to issue a fine of $200 to Mass Electric. This fine shall be paid to the Salem Conservation Commission within 30 days of receipt of this letter. The Conservation Commission also had concerns about who owned the property where the work was occurring and requested approval from those property owners for the work. The Commission questioned if other permits were required for the installation of the utility pole and associated work, such as approval from the City Council. Additional permits are outside of the Commissions jurisdiction, however the Commission strongly recommends that these matters be addressed as soon as possible. The Commission voted to continue the hearing to June 25 so the applicant can 1)confirm the property owners where the work occurred and 2) obtain any additional permits that may be necessary for the installation of the utility pole and associated work.. In order to receive a Determination of Applicability from the Conservation Commission please complete the following items: 1) Confirm that the owners of the property where the work occurred are supportive of the project 2) Confirm that all necessary permits,applications, etc, required for the completed work have been obtained. If you or the property owner(s) have questions please feel free to contact the Conservation Agent, Carey Duques at 978-619-5685. Sincerely, David A. Pabich, PE Conservation Chairman Cc: Beth Rennard, City Solicitor Cheryl LaPointe, City Clerk Tom St. Pierre, Building Inspector Nicole Hayes, ERM Massachusetts DEP,Northeast Regional Office, Wetlands and Waterways Encl. I PHOTO LOG SWAMPSCOTT ROAD,SALEM,MASSACHUSETTS S 1 �k kr g .. 1 6111, I iiY! h cn r.'Y View of new utility pole, circled in red, located on Swampscott Road. X j of 1 ,N View of new utility pole, circled in red, from Swampscott Road. Page 1 of 2 / / Kr � w rad it /i � �,. 4"i � 71✓J�� k Close-up of the anchor that was installed within the 100 foot buffer zone to a BV W along Swampscott Road. Page 2 of 2 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 Mass Electric (dba National Grid) 1101 Turnpike Street North Andover, MA 01845. The purpose of this hearing is to discuss the installation of one new utility pole on the corner of Robinson Road, installation of a grounding rod and anchor to existing utility poles,located within buffer zone to bordering vegetated wetlands and riverfront area along Swampscott Road. This hearing will be held on Thursday, May 28, 2009 at 6:00 p.m. in Room 313, third floor at 120 Washington Street. David A. Pabich, P.E. Conservation Commission Chairman Please run legal advertisement on: May 21, 2009 Please send bill to: Erin Whoriskey Mass Electric Co (dba National Grid) 1101 Turnpike Street North Andover, MA 01845 774-364-3445 t HP Ofnoejet 7410 Log for Personal Printer/Fax/Copier/Scanner DPCD 978-740-0404 May 19 2009 9:07AM Last Transaction Date Time Type Identification Dura ' n as Result May 19 9:06AM Fax Sent 919789271020 0: 2 OK f y - •,- �ON171Fp n CITY OF SALEM DEPARTMENT OF PLANNING AND RIMBERLEYDR/SCOLL CONIMUNITY DEVELOPMENT MAYOR LYNN GOONINDUNGAN,A1C' 120 WASHNGTON STREET♦SALEM,MAssAcHL;sETTs 01970 DIRECTOR TEL:978-619-5685♦FAx:978-740-0404 Fax To: Gloria,Salem Evening News From: CareyDuques,Conservation Agent/Planner Fax: 978-927-1020 Date: 5/19/09 Phone:(978 744-0600 Pages: 2 including cover Re: Con Com Legal Ad CC: Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle sComments: Gloria, Following is one (1) legal advertisement to be printed on May 21,2009 for the Salem Conservation Commission Meeting on May 28,2009. Thank you, Carey Duques Conservation Agent/Planner CITY OF SALEM CONSERVATION COMMISSION WILL HOLD A PUBLIC 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 Mass Electric (dba National Grid) 1101 Turnpike Street North Andover, MA 01845. The purpose of this hearing is to discuss the installation of one new utility pole on the corner of Robinson Road, installation of a grounding rod and anchor to existing utility poles, located within buffer zone to bordering vegetated wetlands and riverfront area along Swampscott Road. This hearing will be held on Thursday, May 28, 2009 at 6:00 p.m. in Room 313, third floor at 120 Washington Street. David A. Pabich, P.E. Conservation Commission Chairman SN 5/21/09 Appeared in: The Salem News on Thursday, 05721/2009 Back i City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received 511409 1g U Amount Received -Ob Form of Payment Check ❑ Cash Client Information CASH PAYMENTS: client initials ❑ Sign Permit Application Fee VK Conservation Commission Fee ��JF Payment received for what ❑ Planning Board Fee / ZBA service? ❑ SRA/DRB Fee ❑ Old Town Hall Rental Fee ❑ Other: Copies Name of staff person receiving payment Additional Notes �. •,'+,< l ".�1' "`�.ne'""�q¢�.�" �7�'m� ,es�li.L:.aSw- e rN. �m.p "ir e'�,�.- _.+ ,. Nicole Hayes 2579 ` Matthew Hayes 537050/2773 ; >B Casal street Medway,MA oa053 �- :. 508-$33-9M pate N,: 9. Pay to the ��''`` ()o r; Order of �� J• p 4,.. * two-,. j TSit ju �O l< Dollars IJ To em� IM FraMnW aM IM 01701 Forb(1 0p 11 g (� red W`��n SuN Sw Scc'Y�Ir.� 4 l: 21i370SltSi: 8057424211• S79 a. ....ne.dua�'et+w.,^ ._ ,;�,.,<•�y,�,. ..,...,.,.r=oves ._..,:,... ... ..�.� w g;...e:, ..v ..;.+%.,+•.«�.w.��.,z?> .�+� Original Check and Form: DPCD Finance Copy 1: Client Copy 2: Application File Page 1 of 3 From: Spinale, Craig S. Sent: Monday, June 01, 2009 4:09 PM To: Kelly, Kevin; Wagner, Douglas E. Cc: 'Alicia.Kabir@erm.com; Whoriskey, Erin M. Subject: RE: Salem ConComm meeting follow up Attachments: 20090601145836434.pdf Kevin/Doug, Could one of you reach out to this councilor and let him know that the poles he is referring to are on private property. We were given an easement for them. We do not need a petition.According to Mike Byrne, the new poles are set outside of the customers existing fence which is several feet on his property, that's what makes the new poles appear to be on the public way but they are indeed on private property. We also set a new anchor where there wasn't one before on an existing pole. As you know, we get the rights to install anchors when we petition for poles so we typically do not petition for anchors only. We assume we have the right to install them. This anchor was on the public way near a wetlands area. Thank You Craig From: Whoriskey, Erin M. Sent: Monday, June 01, 2009 12:55 PM To: Spinale, Craig S. Cc: Kelly, Kevin; Alicia.Kabir@erm.com Subject: FW: Salem ConComm meeting follow up Hey Craig, This is the letter the City Council sent to the Con Com to be read at the hearing. Can you please clear this up with them before June 25th? We have to go back to the Con Com for a meeting to discuss the items below. Any and all help would be greatly appreciated. Thanks, Erin From: Alicia Kabir [mailto:Alicia.Kabir@erm.com] Sent: Monday, June 01, 2009 12:51 PM To: Whoriskey, Erin M. Cc: Ann McMenemy; Jeff Plante; Nicole Hayes Subject: RE: Salem ConComm meeting follow up Sorry Erin, here you go! Alicia Kabir, P.E. Environmental Resources Management(ERM) 399 Boylston Street, 6th Floor Boston, MA 02116 +1 617-646-7877 (Phone) +1 617-285-4704 (Mobile) +1 617-267-6447 (Fax) alicia.kabir@erm.com file://C:\Documents and Settings\CDuques\Local Settings\Temporary Internet Files\OLKI... 6/17/2009 i Page 2 of 3 From: Whoriskey, Erin M. [mailto:Erin.Whoriskey@us.ngrid.com] Sent: Monday, June 01, 2009 12:17 PM To: Alicia Kabir Cc: Ann McMenemy; Jeff Plante; Nicole Hayes Subject: RE: Salem ConComm meeting follow up Hey Alicia, I didn't get the attachment, can you please resend it? From: Alicia Kabir [mailto:Alicia.Kabir@erm.com] Sent: Friday, May 29, 2009 4:52 PM To: Whoriskey, Erin M. Cc: Ann McMenemy; Jeff Plante; Nicole Hayes Subject: Salem ConComm meeting follow up Hi Erin, Hope you had "fun" in Albany today! Here is the letter we received at the Salem CC meeting last night. As a recap: (1)We're continued to the meeting on 6/25. We can continue the hearing again if the permitting (item 2 below) is not resolved. (2) NGRID to follow up with Salem City Council on the additional permitting requirements and obtain those permits if needed. The permits are needed for the 2 new poles on Robinson. One of these poles was not part of our wetlands filing because it was not in jurisdictional areas. (3) ERM to follow up on new pole 4331-1 and determine if it was installed on private property or in the ROW. ERM to modify the WPA form and obtain property owner signature, if needed. (4) Salem CC to issue a $200 fine ($100/day for two days from when work completed until day of CC meeting). That paperwork should be coming to you, but I'll let you know if we get anything. That should do it. We'll check in again in a week or two to see how we're all doing with these items. Have a great weekendt Alicia Alicia Kabir, P.E. Environmental Resources Management(ERM) 399 Boylston Street, 6th Floor Boston, MA 02116 +1 617-646-7877 (Phone) file://C:\Documents and Settings\CDuques\Local Settings\Temporary Internet Files\OLK1... 6/17/2009 r Page 3 of 3 +1 617-285-4704 (Mobile) +1 617-267-6447 (Fax) alicia.kabir@erm.com _.w._. . . . . ......... . . . This electronic mail message may contain information which is(a)LEGALLY PRIVILEGED,PROPRIETARY IN NATURE,OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE,and(b)intended only for the use of the Addressee(s)names herein.If you are not the Addressee(s),or the person responsible for delivering this to the Addressee(s),you are hereby notified that reading,copying,or distributing this message is prohibited. If you have received this electronic mail message in error,please contact us immediately at(617)646-7800 and take the steps necessary to delete the message completely from your computer system.Thank you, Please visit ERM's web site:http://www.erm.com This e-mail and any files transmitted with it, are confidential to National Grid and are intended solely for the use of the individual or entity to whom they are addressed. If you have received this e-mail in error, please reply to this message and let the sender know. This e-mail, and any attachments are strictly confidential and intended for the addressee(s) only. The content may also contain legal,professional or other privileged information. If you are not the intended recipient,please notify the sender immediately and then delete the e-mail and any attachments. You should not disclose, copy or take any action in reliance on this transmission. You may report the matter by calling us on 0800 085 4806. Please ensure you have adequate virus protection before you open or detach any documents from this transmission. The Group Companies do not accept any liability for viruses. An e-mail reply to this address may be subject to monitoring for operational reasons or lawful business practices. For the registered information on the UK operating companies within the National Grid group please use the attached link: http://www.nationalgrid.com/corporate/legal/registeredoffices.htm This electronic mail message may contain information which is(a)LEGALLY PRIVILEGED,PROPRIETARY IN NATURE,OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE,and(b)intended only for the use of the Addressee(s)names herein.If you are not the Addressee(s),or the person responsible for delivering this to the Addressee(s),you are hereby notified that reading,copying,or distributing this message is prohibited. If you have received this electronic mail message in error,please contact us immediately at(617)646-7800 and take the steps necessary to delete the message completely from your computer system.Thank you, Please visit ERM's web site:http://www.erm.com file://C:\Documems and Settings\CDuques\Local Settings\Temporary Internet Files\OLKI... 6/17/2009 ONDIT Citp of 6aiem, Iflam4arbuattg Office of the Citp Council Citp f all off' COUNCILLORS-AT-LARGE PAUL C. PREVEY WARD COUNCILLORS PRESIDENT 2009 2009 THOMAS H. FUREY CHERYL A. LAPOINTE ROBERT K. MCCARTHY JOAN B. LOVELY CITY CLERK MICHAEL SOSNOWSKI STEVEN A. PINTO JEAN M. PELLETIER ARTHUR C. SARGENT III JERRY L. RYAN MATTHEW A. VENO PAULC. PREVEY JOSEPH A. O'KEEFE, SR. May 27, 2009 David Pabich, Chairman Conservation Commission City of Salem Salem, MA 01970 Dear Mr. Pabich and members of the Conservation Commission: I respectfully ask that this be read into the record. That the petition from National Grid for two poles on Robinson Road be referred to the City Council for approval as per Mass. General Law Chapter 166 Section 22. I ask this be done forthwith for resolving this matter. It is my understanding that these poles have been erected and the wires set without the consent of the Council or a public hearing on the matter. I am also requesting that the petitioner from National Grid contact the City Clerks office with their petition so that we may start the process with the City Council. Please send me any and all information including the names of the petitioners and any other pertinent information regarding these poles. Sincerely, Jean M. Pelletier Councillor Ward Three cc: Mayor's Office Councillor Lovely Carey Duques SALEM CITY HALL •93 WASHINGTON STREET • SALEM, MA 01970-3592 •WWW.SALEM.COM Y.G:'.—,Chapter 166, Section 22 http://www.mass.gov/legis/laws/mgl/166-22.htm The General Laws of Massachusetts; Search the Laws - _ be To: Next Section Previous Section PART I. ADMINISTRATION OF THE GOVERNMENT Chapter Table of Contents MGL Search Page TITLE XXII. CORPORATIONS General Court Mass.govHome CHAPTER 166. TELEPHONE AND TELEGRAPH COMPANIES, AND LINES FOR THE TRANSMISSION OF ELECTRICITY CONSTRUCTION OF LINES FOR TRANSMITTING ELECTRICITY Chapter 166: Section 22. Consent of municipal officers to construct or alter lines Section 22. A company desiring to construct a line for such transmission upon, along, under or across a public way shall in writing petition the board of aldermen of the city or the selectmen of the town where it is proposed to construct such line for permission to erect or construct upon, along, under or across said way the wires, poles, piers, abutments or conduits necessary therefor. A public hearing shall be held on the petition, and written notice of the time and place of the hearing shall be mailed at least seven days prior thereto by the clerk of the city or by the selectmen of the town to all owners of real estate abutting upon that part of the way upon, along, across or under which the line is to be constructed, as such ownership is determined by the last preceding assessment for taxation. After a public hearing as aforesaid, the board of aldermen or the selectmen may by order grant to the petitioner a location for such line, specifying therein where the poles, piers, abutments or conduits may be placed, and in respect to overhead lines may also specify the kind of poles, piers or abutments which may be used, the number of wires or cables which may be attached thereto, and the height to which the wires or cables may run. After the erection or construction of such line, the board of aldermen or selectmen may, after giving the company or its agents an opportunity to be heard, or upon petition of the company without notice or hearing, by order permit an increase in the number of wires or cables, and direct an alteration in the location of the poles, piers, abutments or conduits or in the height of the wires or cables. The board of aldermen or selectmen may, on written petition by two or more companies subject to this chapter, and having locations in any of the public ways of such city or town, without notice or hearing, by order transfer any such location from one of such companies to either or any of the other petitioners, or by order authorize any such company to attach its wires and fixtures to existing poles, piers or abutments of either or any of the other petitioners, or to maintain its wires or cables in the conduits of either or any of said other petitioners, or by order grant to said companies joint or identical locations for the maintenance of said existing poles, piers, abutments or conduits, to be used in common by them. The board of aldermen or selectmen may,on written petition by a company subject to this chapter having a location, or by two or more such companies having joint or identical locations, in any of the public ways of a city or town, in any case where a private way has been accepted as a public way, by order, without notice or hearing, grant a location or joint or identical locations to such company or companies for the maintenance of its or their poles, piers, abutments or conduits which were being maintained in such private way at the time of its acceptance as a public way. The board of aldermen or selectmen may, on written petition by two or more companies subject to this chapter, and after notice 1 of 2 - 5/27/2009 3:40 PM t Y*..01,.. ,'Chapter 166, Section 22 http://www.mass.gov/legis/laws/mgl/166-22.htm to abutting land owners and a hearing as hereinbefore provided, by order grant to said companies joint or identical locations for the erection or construction of poles, piers, abutments or conduits, to be owned and used in common by them. No order of the board of aldermen or selectmen shall be required for renewing, repairing or replacing wires, cables, poles, piers, abutments, conduits or fixtures once erected or constructed under the provisions of law, or for making house connections or connections between duly located conduits and distributing poles. The order granting a location or an alteration or transfer thereof, or authorizing an increase in the number of wires or cables or attachments, such as are hereinbefore described, shall be recorded by the city or town clerk in books kept exclusively therefor, and where notice has been given as hereinbefore provided the clerk of the city or the chairman or a majority of the selectmen shall certify on said record that the order was adopted after due notice and a public hearing as hereinbefore prescribed, and no such order shall be valid without such certificate. The company or companies in whose favor the order is made shall pay for such record the fees provided by clause (62) of section thirty-four of chapter two hundred and sixty-two. The board of aldermen or selectmen may under this section authorize the attachment of the wires and fixtures of a street railway or electric railroad company to the poles, piers and abutments of another owner, or the attachment of the wires and fixtures of another owner to the poles, piers and abutments of such company, and may grant joint or identical locations for the erection or construction of poles, piers, or abutments to be owned and used in common by such company and other owners, and locations for the transmission lines and telephone, signal and feed wires of such company in public ways or parts thereof, other than those public ways in which the tracks of such company are laid, and locations for additional poles to support, or alterations of locations for existing poles supporting, trolley or span wires; and all locations granted to a street railway or electric railroad company hereunder shall be subject only to revocation as provided in sections seventy-seven and eighty-two of chapter one hundred and sixty-one; but nothing contained in this section save as hereinbefore expressly set forth shall be held to apply to the poles, wires and other appliances and equipment which a street railway or electric railroad company, by a grant of location, or extension or alteration thereof, under any general or special law now or hereafter in force relating to street railways or electric railroads may be authorized to construct, maintain and operate in a public way; and no terms, restrictions and obligations, other than those imposed upon a grant of location for a street railway or electric railroad, or an extension or alteration thereof, under any general or special law now or hereafter in force relating thereto, shall be imposed upon locations granted to a street railway or electric railroad company hereunder, save locations for its transmission lines or telephone, signal or feed wires in public ways other than those public ways in which the tracks of such company are laid. 2 of 2 5/27/2009 3:40 PM Grp• �f yYi i c fY�;/ry`7 t *41ef auk+„ra ¢” � _ �.: � t 'a� r ` *„ � Ryy ��'� 4: ,-u ,�`fX. 4�r� '�� s'S�i'`��`'°`cit'%�� .� � ,W •R� � •`-J. • r ♦�'� Zl_`!}� `: ♦} �9h.' 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