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38 SWAMPSCOTT ROAD - CONSERVATION COMMISSION J - - -- - - -1 WILL BEAU LI E U 27 Julv 1994 Before allowing this work to be done T would also. require the -pettitioner to clean up all of the "JUNK" that is strewn all over the area ( Rusted ,motor parts etc . ) . W "Willy" P , S . These photos are in seouence from East - to dNorth _ NOTE g WETLANDS RESOURCE LINE AND PROPERTY LINE OBTAINED FROM PIAN BY RIZZO ASSOCIATES, INC., SHEET S-1 PREPARED FOR EBERSHOFF DEVELOPMENT FEBRUARY 15, 1985 AND ON FILE WITH THE SALEM CONSERVATION COMMISSION. BUILDING LOCATION AS SHOWN ON MAP 7 OF THE yL( 0 SALEM ASSESSORS MAP, REV. 1993, 2 EXPLANATION Gy B Existing well location Proposed boring/well location 1 `I, WELAND V+V = 1 1 A �ONFRESOURCE 0--AIF—BOUNDARY MIA � \ 1 1 oQ ' Yo Q� 'a 'kill ` o °G m al POND 0 za a 1 at 2� . �yy � X QUO X20 ; 4Y ' 0.S = I ♦ 1 SITE PLAN = North Shore Self Storage AROp 38 Swampscott Road Salem, Massachusetts Nt 'oo SCALE: 1'=80' 17 PLAN DATE JULY 14, 1994 MIDLANDI.DWG zPLATE �®®®�®AW®WArma 800 40 80 N'orlriaB To Restore Nature SCALE IN FEET PROJECT NO. ;O Q NOTE: g WETLANDS RESOURCE LINE AND PROPERtt LINE OBTAINED FROM PLAN BY RIZZO ASSOCIATES, INC., SHEET S-1 PREPARED FOR EBERSHOFF DEVELOPMENT FEBRUARY 15, 1985 AND ON FILE WITH THE SALEM CONSERVATION COMMISSION. 'o BUILDING LOCATION AS SHOWN ON MAP 7 OF THE �L( Poo SALEM ASSESSORS MAP, REV. 1993. EXPLANATION Gy Existing well location �^ Proposed boring/wall location 1 e e e G o�F WERESOURCE o---W—BOUNDARY I � o I i �OVG� y ' O t ♦ G� 1 ♦ ,t<v� O e o � x lull qi O � 0 a� POND o 0 o =� m Q�pQ G � P F o� OF Q m � ♦ lO BG � J1L ♦� yF� ♦ SITE PLAN North Shore Self Storage ASA 38 Swampscott Road Salem, Massachusetts o SCALE: 1"=80' PLAN DATE: JULY 14, 1994 MIDLANDi.DWG o, ato �pp�D PLATE c� 80 0 40 80 Wopkfng To Restore Nature 1 SCALE IN FEET PROJECT NO. 31' CMR 10-99 DEP Pile No. (To be Fronded q DEP) Form 1 city/ram, Appfmt F.actrirh Mnitypla ccom onvealth Investor Fund, LP of Xaasachusetts Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L c. 131, §40 1. I, the undersigned, hereby request that the City of Salem Conservation commission make a determination• as to whether the area, described below, or work to be performed on said area, also described below, is subject to the jurisdiction of the Wetlands Protection Act, G.L. c. 131,- 560. Z. 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.a Location: Street Address 38 Swampscott Road Lot Number: Map 7, Parcel 66, Assessor's Map of Salem The site is known as the North Shore Self Storage Facility, located on the west side of Swampscott Road. The property includes limited upland areas across wetland resource areas from the developed portion of the site. 3. The work in said . area is described below. (Use additional paper, if necessary, to describe the proposed work.,) fA lu The applicant proposes to perform site assessment activities, including soil ® borings and possible groundwater monitoring well installation. Groundwater c 'r1 monitoring wells will be installed if borings encounter groundwater prior to r o "refusal" of the boring equipment due to shallow bedrock or boulders. The —' M borings are proposed in locations upland from the wetland resource areas mapped for the development of the site in 1988 p (refer to the Order of Conditions M issued on March 19, 1985 and the subsequent Certicate of Compliance dated 4. ® February 15, 19919 File No. 64-73) Q Six soil borings are proposed, as shown on the attached Figure. Four will be located in areas altered by the sit Mevelopment, one will be located on the Effective 11/10/99 upland area on the northwest part of the property, and one ' located at the upland area on the southwest part of the property. Hay bales will be placed downhill of each boring in the 100-foot buffer. Soils will be backfilled into the bore hole or removed if a well is installed in the bore hole. Tripod portable equipment will be used in unimproved areas with access problems. 4. The owner(s) of the area, if not the person making this request, has bean given written notificatimn cf this request on July 15- 199.+ (date) The name(s) and address(es) of the owner(s) : James B. Craddock, Trustee and David L. Ebershoff, Trustee,, both as Trustees of Rocky Mountain Realty Trust I Craddock Development Company 1065 Garden of the Gods Road, Suite 200 Colorado Springs, CO 80907 5. S have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Protection July 15. 1994 (date) DEP Northeast Regional office DEP Southeast Regional office 10 commerce way Lakeville Hospital Woburn, MA 01801 Route 105 Lakeville, HA 02347 DEP Central Regional office DEP western Regional office 75 Gz r•3 :street state House west. 4th Floor wotce=tec , MA 01605 436 6wignt Ftzee:. Springfield, MA 01103 6. I understand that notification of this request will be placed in a local newspaper at my expense in accordance with section 10.5(3) (b) 1 of the regulations by the conservation Commission and that r will be billed accordingly. Signatur �rJoe L. Boyer, PE, LSP (RESNA.Industries Inc. , as Agent to Applicant) Address 82 South Street, Hopkinton, MA 01748re1. (508) 435-3400 1-2 I / WILL BEAU LI E U 27 Julv 1994 Physically it looks as if the requested borings have alreadv been taken . Thev are not near the Pond, thev are at least 100 ' from it but it still looks to me as if thev"Jumped the gun" � '.'W-illy" i" Conservation . z an Salem. Massachusetts 01970 .IL I 11 rM '9W ASS n�N�y CIT7 OF s.A t.€N, MAS$ CLERK`S p"�rF City of Salem Conservation Commission The Salem Conservation Commission will hear a Request for a Determination of Applicability, under the Wetlands Protection Act, MGL, Chapter 131, Section 40, at the request of Resna Industries, Inc. The proposed activity, located at 38 Swampscott Road involves site assessment activities, including soil borings and possible groundwater monitoring with installations within a Buffer Zone. The Request will be heard on Thursday, July 28, 1994 at 7:00 p.m., One Salem Green, Second Floor Conference Room. Betsy Horne Chair July 21, 1994 jm\d6\wnwm.not This notice posted on "Official Bulletin Board" City Hall Ave., Salem, Mass. on - at 12 c �? in acoordaIM with Chap.�3P 9 Sec. 23A & h3wof M.G.L. h Conservation Commission Salem. Massachusetts 01970 AL 18 11 a n 'Sy y'HASS n�N� CITY OF SAt.€fi?, MASS CLERK'S O !^E City of Salem Conservation Commission The Salem Conservation Commission will hear a Request for a Determination of Applicability, under the Wetlands Protection Act, MGL, Chapter 131, Section 40, at the request of Resna Industries, Inc. The proposed activity, located at 38 Swampscott Road involves site assessment activities, including soil borings and possible groundwater monitoring with installations within a Buffer Zone. The Request will be heard on Thursday, July 28, 1994 at 7:00 p.m., One Salem Green, Second Floor Conference Room. Betsy Horne Chair July 21, 1994 jm\dhlconcom.na This notice posted on "Official Bulletin Board" City yallAve., Salem, Mass. on 0 � at 11 in accotdenoe with Chap. 3a �5ec. 23A & �6 of M.G.L. ,p 2 7 310 CMR 10.9 9 DEP Me b1m ('ro be provided by DEP) Form 2 Chyfrsws SALEM App�s: ast Mnit;p]a r^vestor coasonwealthDsee �Piled July 15, 1994 of JMosaehusetts Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, 540 From Salem Conserver• Issuing Authority_ To Eastrich Multiple Investor EUUd.-Tr Craddock & David (Name of Pernon making request) (Tame of property owner) Address--- -----.Address— Colorado Springs, This determination is issued and delivered as follows: ❑ by hand delivery to parson making request on (date) August 2, 1994 data © by certified mail, return receipt requested on i ) Pursuant to the authority of G.L. c.131, 560, the Conservation Commission has considered your request for a Determination of Applicability and its sup- porting documentation, and has made the following determination (check its is applicable) : Location: Street Address 38 Swamnccntr x �a Lot Number: 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 Aot. Therefore, any removi ng, 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 11/10/89 1 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, sand aidwworkarequiresAtthe Act. Therefore, he filing of a Notice of intent.This Determination is negatives 1. ❑ The area described 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, alter that area. Therefore, e id work doesnot require thefilinggr of allotice of Intent. 3. The work described in your request is within the Buffer Zone, as defined in the regulatidne, but will not alter an Area subject to Protection under the Act. Therefore, said work does not require the filing of a Notiee 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) This erm not ust be signed by a majority of the conseryation coawission. a on this 28th day of Julv 199, before me personally appeared th, ahOWa-44aWAidto 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. A.-I& July 15, 1999 My ary Public commission Expires This Determination does rot relieve the applicant from complying with all other applicable federal, state or local statutes, ordinances, by-laws or regulations. This Determinatim shall be valid for three years from the date of issuance. The applicant, the owner, any person aggrieved by this Determination, and owner of lard abutting the tend spm which the proposed work is to be done, or any ten residents t of the citEnviry or el Protection in tch tou ism tend Is'located, are hereby notif led of their right to request the Depe Determination of Applicability, providing the request is cede by certified mail or hand delivery to the Deportment, 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 shell at the same time be sent by certified rroit or hand delivery to the conservation Commission and the applicant. 2-2A 1 3. ❑ The work described below, which includes all/part of the work described in your request, is within the Buffer Zone as defined inthe regulations, and rotection saidworkrequires alter an filingtoto f aPNotice of intent.the Act. Therefore, This Determination is negatives 1. ❑ The area described in your request is not an Area subject to Protection Rader the Act. 2. [3The work described in your request is within an Area subject to Protection alter that Under the Act, but will not remove, fill, dredge, a Notice f Intent . a• Therefore, said work does not require the filing 3. ❑ The work described in your request is within the Buffer zone, as defined Area to an tin the he Act�gTherefore bsa d work does alter of requireuthecProtection Under ut will notfiling of alloticeOf Intent. C. ❑ The area described in your request is subject to Protection under the Act, but since the work described therein meets the requirements onop n - following exemption, as specified in the Act and the regulatioar; no Notice of intent is required: issued by the Department of Environmental Protection Signature day of 19 before nu On this , to me known to be the Personally appeared Bribed in, and who executed, the foregoing instrument, and Person des is/her f p h;/she executed the same tae h acknowledged that h Notary Public My Commission Expires complying cable This superseding Determination does not relieve the applicant This superacdirgrDetermi ration th sit other shall( b v l drfor state or local statutes, ordinances, by three years from the date of issuance. a owner of lard abutting the The applicant, the owner, any person aggrieved by the superseding Determination. wry JIDA, are he ebp land upon which the Proposed work' is to b done. or any tom persona pursuant to G.L. c. providing the raqunt motif Jed of their right to request an adjudicatory hearing pursuent with the a3ppropriota filing fee"end Fel' is mads by certified mail or hand delivery to the Department, Transmittal Form n Prmrided in 310 CMR 10.03(7) within tan data from the daft of issuance tmnOf of thisEnvirawaMinilgDetarmination, and is addressed to: Docket Clark, Office of of the reoursj 0sourmall atpthe sane time be sent by Protection, one winter street, Boston, MA rvati A envyand any other party. certified mail or hand delivery to the coroervation'eomission, the applicant, A Notice of Claim for an Adjudicatory keering shell comply with the Department's Rules for Adjudicatory Proceedings, 310 CMR 1.01(6), and shall contain the following information: Ca) the DEP wetlands File Number, roe of the app((cant, and address of the Project; (b) the complete name, address and telephone number of the party filing the request, and , if represented by— coumel, the name and address of the attorney; (c) the nomas end addresses of all other parties, if known; (d) a clear and concise statement of (1) the facts whieh'f iced ly are a fo�'e inn hit (is Liegd�to be to this Superseding Determination, iroludirg spec inconsistent with the Department's wetlardsler°lye the charge dem redo in the Superseding fDeter inat�h the adjudicatory nearing, including spec' (e) a statement that a copy of the request has been sent toththe applicant, the conservation commission and each other party or representative of such party, if kn . Failure to submit all necessary may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Nearing. 2-28 J SPECIAL CONDITIONS 38 Swampscott Rd. 1. Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 2 . Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to the commencement of construction activities. Said notice shall include, in writing, the name(s) , address(es) , and business and home telephone numbers of the project supervisor(s) responsible for insuring that operations are conducted in compliance with this order. 3 . The applicant shall file a copy of the boring log report with the Conservation Commission upon completion of this project. 4 . No work shall be done within ten (10) feet of the edge of the pond. 5. Tri-pod mechanism, only are to be used to conduct the borings. jm/dh/38swwps.w 310 CHR 10.99 DPP file No. (To be provided by DEP) Form 2 pgfroe,eSALEM Apphotill faasr[at tr Myl in1P rw,estor — cosavomrealth DideRe9uMPsed July 15, 1994 of Massachusetts Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, 540 Salem C Issuing Aatb0r,4 From To Eastrich Multiple Investor FLUB TvCraddock & David Rhprqhgf�EL (Name of Person making request) ( eros of property owner) Address Address Colorado Springs- CO This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date) p 4u August 2, 1994 (date) © by certified mail, return receipt requests on Pursuant to the authority of G.L. c.131, 540, the Conservation 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 38 Swam .Lot- Number• 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 11/10/89 3. ❑ The work described below, which includes all/part of the work' described in your request, is within the suffer Zone as defined in the regulations, and will alter Athe filing of a Protection the Act. Therefore, said work requires Notice of intent. This Detertoination is negativet 1. ❑ The area described 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. E3 The work described in your request is within the suffer 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. SEE ATTACHED CONDITIONS * ` 4. ❑ The area described in your request is Subject to Protection under the Stott 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) This erm nation must be signed by a majority of the conservation commission. on this 28th day of July 19 4/1 , before me personally appeared rh eta , 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. � � /J July 15, 1999 any Public Ny commission res This Determination does not relieve the applicant from coaplYing with mil other applicable federal, state or local statutes, ordinances, bylaws 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 outer of lard abutting the land sport which the proposed work is to be done, or any ten residents of the city or town in which such lend i• located, are hereby notified of their right to request the Department of a by ertifi Protection or nand addeetivserraadehhe Datereinet(on of Applicability, providing the request is rade by Department, with the appropriate filing fee sndfee Transmittal Form os provided in 310 CNR 10.03(7) within ten days from the date of issuance of this Determination. A copy of the request shell at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 2-2A II 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 subjectoto Protection Under f a Notice of intent.the Act. Therefore, said work requires the filing 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 thefer oe, asdefined in the regulations, but will not alter an Area subject to Protection 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:Aat.. - but since the work described therein meets the requirements for.-the following exemption, as specified in the Act and the regulations, 110 _ Notice of intent is required: issued by the Department of Environmental Protection Signature day of 19 before me on this [ to me known to be the personally appeared person described in, and who executed, the foregoing instrument, an acknowledged that he/she executed the same as his free act and deed. Notary Public My Commission Expires This Superseding Determination does not relieve the applicant from complying with ell other applicable federal, state or local statutes, ordinances, by-(aws or regulations. This Superseding Determination shell be valid for three years from the date of issuance. TM applieent, the owner, any person aggrieved by the Superseding Determination, any owner of land aare bw@W buttlns the lard upon which the proposed work is to be done. or arty ten Persons o+G c L30A 110, prooviding�the request uant notified of their right to request an adjudicatory hearing Pur with the appropriate filing fee'nd. F60- is amda by certified mail or herd delivery to the Department, Transmittal Fore a provided in 310 CMR 10.03(7) within ten drys from the dote of issuance of of iEnvi metal Determination, and is addressed to: Docket Clerk, Office of he requestshallatpthe same time be sent by protection, one winter street, gotten. HA 02108. A COPY Of certified mail or hand delivery to the conservation'commission, the applicant, and any other party. A Notice of Claim for an Adjudicatory Narins shall comply with the Department's Rules for Adjudicatory proceedings, 310 CHR 1.01(6), and shall contain the following information: DEP Yet lards file Number, rename of the applicants and address of the project; U) the Completename, address and telephone number of the party filing the request, and , if rep see -ad-by— (b) the DEP co"el, the none armd address Of the attorney; (c) the roman and addresses of all other parties, if known; (d) a clear and concise statement of (1) the facts whick ore grounds for the e«iAm�h�t (is alleged to be to this Superseding Determination, including spec inconsistent with the Department's Wetlands i og lY [io ehirga desired in the ) the ed(ngfDet�irorougm the adjudicatory hearings including spec (e) a statement that a copy of the request lies been sent to the applicant, the conservation commission and each other party or representative of such party, if Failure to submit ell necessary my result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Nearing. 2-2B SPECIAL CONDITIONS 38 Swampscott Rd. 1. Members and agents of the Commission shall have the right to enter and inspect the premises at all reasonable times to evaluate compliance with the conditions in this Order. The Commission may require the applicant to submit additional data or information necessary for the Commission to conduct that evaluation. 2 . Notice shall be given this Commission no more than 2 weeks nor less than 2 days prior to the commencement of construction activities. Said notice shall include, in writing, the name(s) , address(es) , and business and home telephone numbers of the project supervisor(s) responsible for insuring that operations are conducted in compliance with this Order. 3 . The applicant shall file a copy of the boring log report with the Conservation Commission upon completion of this project. 4. No work shall be done within ten (10) feet of the edge of the pond. 5. Tri-pod mechanism, only are to be used to conduct the borings. jm/dh/38sw=pe.w �UN Cp��1j 2" Conservation ' Salem. Massachusetts 01970 1 Is 11 219 n '9q y'yASS n�N� CITY OF S ut FFj-. M,ASSs Ot.ERK'S ©r !"F City of Salem Conservation Commission The Salem Conservation Commission will hear a Request for a Determination of Applicability, under the Wetlands Protection Act, MGL, Chapter 131, Section 40, at the request of Resna Industries, Inc. The proposed activity, located at 38 Swampscott Road involves site assessment activities, including soil borings and possible groundwater monitoring with installations within a Buffer Zone. The Request will be heard on Thursday, July 28, 1994 at 7:00 p.m., One Salem Green, Second Floor Conference Room. T4s Betsy Horne / Chair July 21, 1994 This notice postsd on "Official Bulletin Board" Clty all Ave., Salem, Mass. on 0 at 1 In acoordawith Com. pec. 23A & 23Wof M.G.L' oe r • Ty"'. 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