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120 SWAMPSCOTT ROAD - CONSERVATION COMMISSION p/ S<wN Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: From: When filling out fors 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 Angelo Mongiello return key. Name - Name 55 Eastman Avenue Mailing Address Mailing Address Swampscott MA 01907 cityrrown state Tip Code Cityrrown state Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Proposed Utility Plan Swampscott Road 4/25/06 Title Date Title Date Title Date 2. Date Request Filed: April 26 2006 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 a sewer pump station for five existing homes at 120 Swampscott Road Project Location: 120 Swampscott Road Salem Street Address Cily/rown MAP 6 LOT 14 Assessors Map/Plat Number Parcel/Lot Number vgeram2.a -M.12JIS00 Papa 1015 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions(issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate. Therefore,the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are no 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 documents) is within the Buffer Zone and will alter an Area subject to protection under the Act Therefore, said work requires the filing of a Notice of Intent ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw. Name Ordinance or Bylaw Citation wpelam2.dw•m.12115/00 Pope 2 of 6 r Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands LEI 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 no 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 attematives. (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. ❑ Altematives 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. vyelmn2.d=•rev.12/15= Paw 3 d 5 LlMassachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/reguistory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on ❑ by certified mail, return receipt requested on Dale Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appro net DEP egional Office( Appendix A) and the pro wner(if different from the applica . ❑ gna re May 25 2006 Data rpefmnQ.daC•rev.17H SM Page 4 of 5 7LMassachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner,any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office(see Appendix A)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 Appendix E: 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. xye/amQ.Ex•rov.i?/i5A0 Pape 5d 5 m go UNITED STATES PdWA(69E 6.EX - r-ua I as Postage&Fees aid f..J.Iy. 'x�'—.�1'��V w'�.l.i\.ST.t .' ai,r'" "'Wk :." • Sender: Please print your name, address, and ZIP+4 in this box Salem Conservation Commission 120 Washington Street,3rd Fi Salem,MA 01970 nnn i i �t� nn� n iIII III If dh lihild 111111 11 SENDER: - ■ Complete items 1,2,and.3.Also complete A. item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee ` so that we can return the card to you. B. Received by(Printed A&e) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1? ❑Ves 1. Article Addressed to: If YES,enter delivery address below: ❑ No IMIeC zo58 Lowell 3. Service Type /fit v (J r /�f.6'Certified Mail 13 Express Mail lr�7 ❑ Registered ❑ Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number ` T `'� I7`9f5 1564 ! /! i (Transfer from Service ' �18 2 0 0 00 8 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-lW J UNITED STATES POSTAL SERVICE I I I II I First-Class Mail it Postage&Fees Paid USPS Permit No.G-10 VIV • Sender: Please print your name, address, and ZIP+4 in this box I Salem Conservation Commission q 120 Washington Street,3rd Fl Salem,MA 01970 I I_ li �` il6rrrlIIII]III fill lllnlrrl6r61,r Ili 6r1l,6Irr11Ili dill SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature / item 4 if Restricted Delivery is desired. / ❑Agent ■ Print your name and address on the reverse X / 0 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. _. D. Is delivery address different from item 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: l7 No I'1oh�iel/o Ss Eat4v�h 4ve. 3. Service Type / /W Certified Mail ❑ Express Mail 0 Registered 0 Return Receipt for Merchandise { ❑ Insured Mail ❑ C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number - -- (Transferfrom semicer 7005 182(3 (3000 8795 1551 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540', A„ 0 v� CITY OF SALEM CONSERVATION COMMISSION SITE VISIT FORM R uR PR03ECT LOCATION: sd /0 Aco# fAJ DATE OF SITE VISIT PROJECT PROPONENT: /ThSt?/D ��1171 �Ib DEP FILE NUMBER: �S t76 PROPOSED WORK: � S-CwPAt t -v!nIle s &::J r- Commissi n tubers/Agent: Abutters:/J Applicant/Property Owner Representative: ;.SITE VISIT PURFOSE� _ a i eMEE Request for Determination ❑Abbreviated Notice of Resource Area Delineation ❑Notice of Intent Certificate of Compliance ❑Enforcement/Violation ❑Emergency ❑ Informal xkEAS_OF INLAND RESOURCE AREAS COASTAL RESOURCE AREAS Bank I ❑ Land Subject to Coastal E]Land Under the Ocean •! Storm Flowage Bordering Vegetated Wetland fl ❑ Designated Port Area ❑Coastal Beach ❑Land Subject to Flooding !: ❑ Coastal Dune ❑ Barrier Beach ElLand Under Water Bodies or Waterway ( Name: ❑ Coastal Bank ❑Rocky Intertidal Shore ❑Riverfront Area ❑ Salt Marsh ❑Land Under Salt Pond ❑Venial Pools ; ❑ Land Containing ❑Anadromous/Cata- %� Shellfish dromous Fish Run ❑ Bordering Vegetated Wetland in Coastal Area I 120 WASHINGTON STREET, SALEM, MASSACHUSETTS 01970 .TEL: 978.745.9595 FAx: 978.740.0404 ♦ WWW.SALEM.COM rernvre BUFFER20 R+ZUNEa"(within.100-feet)�:.� ElWater Body Bordering Vegetated Welland X Bank ❑ Coastal Beach ❑ Coastal Dune Protection of Water Supply ��t Protection of Groundwater Supply DO Flood Control rn( Storm Damage Prevention 7tl Prevention of Pollution r�71 Protection of Fisheries 7� Protection of Wildlife Habitat 7❑'"Protection of Land Containing Shellfish Is this an exempt project: If so,why? Are resource area boundaries delineated correctly? If not,explain. SITE VISITaDOCI1MENTATIUN � J "moi � ''`"' ❑Photos YY Site Map ❑ Other: Take into account relevant aspects or features such as: natural or piped drainage or obvious pollution; topography; existing vegetation; possible alternative sites; signs of wildlife, possible vernal pools, rare species habitat; landmarks; recent or historical disturbances; proximity to other water bodies or drainage areas; adjacent land uses. �� ;� - Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1- Request for Determination of Applicability Clty/rown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out 1. Applicant: forms on the Angelo Mongiello computer, use Name E-Mail Address only the tab key to move your 55 Eastman Avenue cursor-do not Mailing Address use the return Swampscott MA 01907-1209 key. Cityrrown State Zip Code 781-593-3082 Phone Number Fax Number(if applicable) 2. Representative(if any): Patrowicz Land Development Engineering Firm Scott Patrowicz, P.E. scott.patrowicz@verizon.net Contact Name E-Mail Address 14 Brown Street Mailing Address Salem MA 01970 Cltyrrown State Zip Code 978-836-6400 978-745-4110 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: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). x afo l.d.•rev.07/14109. Page 1 014 PATROWICZ LAND DEVELOPMENT ENGINEERING April 25, 2006 Salem Conservation Commission 120 Washington Street Salem, MA 01970 RE: Request for Determination of Applicability gpR 120 Swampscott Road, Salem pFp PLDE#06-10.1 W4 Dear Commission Members: On behalf of Angelo Mongiello, I respectfully submit one (1)orginal and six (6) copies of the attached Request for Determination of Applicability for your review. I have also enclosed the City of Salem $25 application fee. The applicant proposes to install a small sewer pump station for five (5)existing houses. The houses currently are all serviced by septic systems. The proposed pump station is to be located approximately 70-feet away from the BV W that exists across Swampscott Road. The work area is enclosed by existing stonewalls (that are ideal for limit of work demarcation and erosion control). The gravity lines and force main pipes exist. The work proposed is only for the excavation, backfilling for the small pump station and connecting those existing lines at the pump. This work will take approximately three (3)days. All disturbed areas will be loamed and seeded. For these reasons, the applicant seeks a negative determination from the Commission. We look fo ar to attending the 5/11/06 hearing to answer any questions. Thank you. PATRO I LAND DEVELOPMENT ENGINEERING Scott Patrowicz, P.E. cc. Angelo Mongiello w/attachments cc. Chuck Faia w/attachments cc. DEP,Northeast Region w/attachments 14 Brown Street, Salem, Massachusetts 01970 Cell: 978-836-6400 Fax: 978-745-4110 Email: scott.patrowicz@verizon.net Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1- Request for Determination of Applicability City/rown 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): 120 Swampscott Road Salem Street Address City/rown 6 14 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The area of work occurs approximately 70-feet away from the wetland resource area (BVW). The area of work is located across Swampscott Road from the BVW. The area of work is enclosed by existing stone walls(ideal for erosion control and demarcation of limit the work). c. Plan and/or Map Reference(s): "Proposed Utility Plan" prepared by Parson and Faia, Inc 4/25/06 Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The applicant proposes to install a small"Environment One" sewer grinder pump station to service five existing houses across the street(Swampscott Road)from the resource area. The gravity lines connecting the houses already exists. The sewer force main in Swampscott Road already exists. Therefore, the work only includes the excavation, backfilling for the small pump station and connecting those existing lines at the pump. vipaforml.tloc•rev.07114/04. Page 2 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem WPA Form 1- Request for Determination of Applicability Citylrown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). 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.) wpalortni.doc•rev.07/14/04. Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem City/Town WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office (see Attachment)were sent a complete copy of this Request(including all appropriate documentation)simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner: Angelo Mongiello Name 55 Eastman Avenue Mailing Address Swampscott Cityrrown MA 01907 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. ace no Sign tc�Y pli Date /I Signature of Represen tive(if y) Dat�/ 2 S O wpafamt.tlac•rev.07114/04. Page 4 of 4 N ' 7 � t ® � ED � Q o . CDo ♦ o i oD � I J� oe � i o i 0 s n _I O i i t 04 Cos t � � t i � L i t O°t L Q i E t � t THE FOLLOWING IS/ARE THE BEST IMAG_ES FROM POOR QUALITY ORIGINALS) I M /A- �C(�� F DATA City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received ,26 06 Amount Received u� Form of Payment Check Cash CHECK PAYMENTS: write check number CASH PAYMENTS: write client initials Q Sign Permit Application Fee Conservation Commission Fee Payment received for Planning Board Fee what service? 0 Old Town Hall Rental Fee Q Other Name of staff person T receiving payment �� 1 �Cv✓w,,e1 Z Additional Notes ` DA laO Swa�,�3tA a 4 sn.�i 'SJw •.,z+.: k -1 ��rr gid. ....,-�; .. .'ev+.. ^L'E.d`r+gPy...' . L Np'jwgrya B 54868s55f1 x ? BG:485452°21 E` rt tt s 48545221 E Pot ALL 8BT0.P BYCA®PW.VH } 4 ryy �` ,i �v Y � F t e pppp k' c y is ClK r. oplentl Copy 2: Application Flle CITY OF SALEM CONSERVATION COMMISSION City of Salem Conservation Commission Will hold a public hearing for a Request for 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 Angelo Mongiello, 55 Eastman Avenue, Swampscott, Ma 01907. The purpose of the hearing is for a determination of work involving the installation of a small sewer grinder pump station to service five existing houses at 120 Swampscott Road.This hearing will be held on Thursday,May 11,2006 at 6:00 pm in City Hall Annex,Room 313, 120 Washington Street. Kevin P. Cornacchio �J Chairman Please print legal ad on: May 4, 2006 Please send bill to: Angelo Mongiello 55 Eastman Avenue Swampscott, Ma 01907 (781) 593-3082 120 WASHINGTON .STREET, SALEM, MASSACHUSETTS 01970 •TEL: 978.745.9595 FAx: 978.740.0404 WWW.SALEM.COM oL 6 pice- co 1 � o �%.> � \ r L41� Co I wOle � � .� � � �,' Yf E Ills.tl � 5•�� rA Iol p � g�� � off, SWAMPSCOTT i Ss c9•/! �� • fel co.l«�� 4-3 X �5 ��. • . . ... 3� g .:. ....... ... .. .. . . . . . ...... ....' ..-•4� Y �......... .......... .......��� .... .. / �., . ....(`. .. ... .. ... ........... Vit ,. . ..... . . .. . . . . . 170 00 16-Al ri I a . • 1Y = j o m � h F oo �U M 7X ,�i�sE •. 30 .00 9 �i SWAMPSCOTT ROAD PROPOSED UTILITY PLAN SCALE '. 1 " = 20' HOR. & 1 ° = 4' VERT . SWAM PSCOTT ROAD SALEM , MASSACHUSETTS SCALE : 1" = 20' MARCH 15, 2000 REVI5%�4 a•f 25jo(a PARSONS AND FAIA INC. LEGEND � • EDGE OF BITUMINOUS 60 LEWIS STREET ° GUARDRAIL LYNN , MASS. �. UTILITY POLE — EDGE OF WETLANDS 47 SPOT O 20 40 60 80 100 SPOT ELEVATION y