65 VALLEY STREET - CONSERVATION COMMISSION 65 Vally Street
i/
s
a
I�
b
Co►nservatim Commissim
J
Salem. Massachusetts 01970
CITY OF SALEM
CONSERVATION COMMISSION
NOTICE OF PUBLIC HEARING
On Thursday, July 27, 1989 at 7:30 p.m. , the Salem Conservation
Commission will make a determination of the significance of the Wetlands
Protection Act, Massachusetts General Law, Chapter 131, Section 40, for
a proposal by Walter Abraham, 65 Valley Street, to fill area to rear of
residence to provide adequate topography to support outdoor activites.
The meeting will be held at One Salem Green, second floor -
conference room.
John G. Vallis
Chairman
x282 This notice posted on "Official Bull-tin Board"
City Hall Ave. , Salem, Mass . on -
at /0' �sA in aceordanc wi �� ���7
of tke Acts J 1958. �,�, o Chap. 626 .
,1
Form 2 .
DERE FIe No.
(To be provided by DEOE)
li Commonwealth cttyrTown 64y of 6e1em
! of Massachusetts Walter Abraham
Applicant
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L c. 1317 §40
From Salem ( nn carves ri nn f nmmi c Issuing Authority
To aairar nh Walter Abraham
(Name of person making request) (Name of property owner)
Address 65 Valley Street Address .65 Valley Street
This determination is issued and delivered as follows:
❑ by hand delivery to person making requast on (date)
Cby certified mail,return receipt requested on reef et,beT-}4 °99 (date)
Pursuant to the authority of G.L c. 131, §40,the c..,om geaeer arson semFa=ss'a:z
has considered your request for a Determination of Applicability and its supporting documentation,and has
made the following determination(check whichever is applicable):
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,filling,dredging or altering of that
area requires the filing of a Notice of Intent.
2. ❑ The work described below, which includes all1part of the work described inrvour request-4s within
an Area Subject to Protection Under the Act and will remove,fill,dredge or alter that area.There-
fore,said work requires the filing of a Notice of Intent.
21
4
3. ❑ The work described below, which includes all/part of the work described in your request, is within
the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under
the Act. Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative:
1. ❑ The area described in your request is not an Area Subject to Protection Under the Act.
2. ❑ The work described inour request is within an Area Subject to Protection Und
Y" q ) ertheAct.but will
not remove, fill,dredge,or alter that area.Therefore,said work does not require the filing of a
Notice of Intent.
3. Q The work described In your request is within the Buffer Zone,as defined In the regulations,but wig
not alter an Area Subject to Protection Under the Act.Therefore,said work does not require the
filing of a Notice of Intent. SEE ATTPO TIP C01 P:'7TO IS.
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 --Conservation Commission
This Determination must be signed by a majority of the Conservation Commission.
On this day of J'0 � 19_�_(_. before me
personally appeared { °Ulh°� 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. /
Notary- u 0c My commission expires
This Determination does not relieve the applicant from complying with all other applicable federal,state or local statutee,ordmances,
by-laws or regulations.This Determination shall be valid for three years torn the date of issuance.
The applicant,the owner,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed
work is to be done,or any ten residents of the city or town in which such land is located,are hereby notified of their right to request the
Department of Environmental Ouahly Engineering to issue a Superseding Determination of Applicability,providing the request is made
by certified mad or hand delivery to the Department within ten days from the date of issuance of this Determination.A copy of the request
shad at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant.
2-2A
r
Walter Abraham — 65 Valley Street
Conditions
1) Level of land shall be uniform with abutter' s property.
2) All work shall conform to plan submitted on July 27,
1989.
3) All work must be performed within applicant ' s property
lines.
4) Slope shall be in proper proportion to prevent runoff.
5) Fertilizers, insecticides, and herbicides shall be in
proper proportion and kept to a minimum and used only
as necessary.
6) Existing stockade fence shall be replaced according to
plan submitted on July 27 , 1989 and shall be maintained
in good condition.
7) Shrubbery shall be placed inside the fence line in
general accordance with the sketch submitted July 27 ,
1989.
8) Vegetation shall be planted so as to prevent erosion on
the rear side of the fence at the lot line.
9) Only clean quality fill as defined by the Wetlands
Protection Act shall be used.
10) All clippings and cuttings shall be disposed of
according to City regulations and shall not be placed in
the area outside of the fence at the buffer zone.
d127
UNITED STATES POSTAL SERVICE r ' ""+a......�.-•" •+„yT•
1; M /=t p •K. pie-M^` "VYbM:Mew.
OFFICIAL BUSINESS !!
q 16 c.:EP ..�,y,o,•
SENDER INSTRUCTIONS \j� E7
C
Print your name,address and ZIP Code O,'�iq� E I �] E✓ - '•*••�""
In the space below. -
• Complete Items 1,2.3,and 4 on the U.S.MAIL
AVBfBB SEP 18 1989 �o
u • Attach to front a affix t H apace
permits, otherwise eRlz to back of
angor PENALTYSE,O$3001VATE
• endorse article "Return Receipt �, �.r.l
Requested"adjacent to number. c ' Ifs Krtai NG DEPT.
RETURN Print Sender's name, address, and ZIP Code in the space below.
TO � Salem �larn'Ino� `apt��/f_ 111,
Salem C�eevr�
Sa�exh �2 , OlglO
I�
1
• SENDER: Complete items 1 and 2 when additional services are desired, and complete items
3 and 4.
Put your address in the "RETURN TO" Space on the reverse side. Failure to do this will prevent this
card from being returned to ou.The return receipt fee will provide ou the name of the arson delivered
to and the date of deliver ora -tions ees the o owing services ere i vai a W. onsu t postmaster
Tor ees en c ecc ox es for additional service(s) requested.
1. ❑ Show to whom delivered, date, and addressee's address. 2. ❑ Restricted Delivery
(Extra charge) (Extra charge)
3. Article Addressed to: 4. Article Number
Wc,,k+Fr Abraham P--boq lu, 580
5 V a Ile� Type gi Service:
Street ❑ Registered ❑ Insured
Certified I] COD p7
Salery� I^(1�1. 019 )Q Express Mail ❑ forrurn Merchantlise
Always obtain signature of addressee
or agent and DATE DELIVERED.
5. Si n t e — Add, ss 8. Addressee's Address (ONLY if
X .%/ - requested and fee paid)
6. Signature Agent
X
I 7. Date of Delivery
PS Form 3811, Mar. 1988 * U.S.G.P.O. 1888-212-866 DOMESTIC RETURN RECEIPT
P 091 1S6 497
Receipt for
Certified Mail.
No Insurance Coverage Provided
It.srtv. Do not use for International,Mail
,Ai.:EE (See Reverse)
Sem to
'?— �
Str et and No. e 61 5 1 L
P. rata d ZIP cone
Postage
Certified Fee a
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing
W to Whom&Data Delivered
y Return Receipt Showing to Whom,
c Date,and Addressee's Addl ess
Postage $
c; &Fees Fees �l
00 Postmark or Date
M
E
o
LL
N
a �
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES(see front).
v
1. If you want this receipt postmarked,stick the gummed stub to the right of the return address
leaving the receipt attached and present the article at a past office service window or hand it to
your rural carrier(no extra charge). as
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return m
address of the article,date,detach and retain the receipt,and mail the article. m
3. If you want a return receipt,write the certified mail number and your name and address an a
return receipt card,Form 3811,and attach it to the front of the article by means of the gummed
ends if space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT
REQUESTED adjacent to the number. O -
O
O
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M
endorse RESTRICTED DELIVERY on the front of the article. E
0
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt.if LL
return receipt is requested,check the applicable blocks in item 1 at Form 3811. d
8. Save this receipt and present it If you make Inquiry. a U.S.GPO:1991-302.916
P-607 166 580
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE C_r EaAGE PROVIDED
NOT FOR INTERYA ZONAL MAIL
(See Reverse)
Sent tc
L9 Wo,1}er 6a)n i
Street and No.
S..S(aee and ZIP Code
Me,
1I a • ol`+'�v
J
Postage S
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing
to whom and Date Delivered
N
Return Receipt showing to whom,
Date.and Address of Delivery
m
TOTAL Postage and Fees S
Postmark or Dale
E
o
LL
N
6
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(see front)
1. If you want this receipt postmarked,stick the gummed stub to the right of the return address leaving
the receipt attached and present the article at a post office service window or hand it to your rural carrier...
(no extra charge)
2. If you do not want this receipt postmarked,stick the gummed stub to the right of the return address of
the article,date,detach and retain the receipt,and mail the article.
3. If you want a return receipt,write the certified mail number and your name and address on a return
receipt card,Form 3811,and attach it to the front of the article by means of the gummed ends if space per-
mits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT REQUESTED
adjacent to the number.
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee,endorse
RESTRICTED DELIVERY on the front of the article.
5. Enter fees for the services requested In the appropriate spaces on the front of this receipt.It return
receipt is requested,check the applicable blocks in item 1 of Form 3811.
6.Save this receipt and present it if you make inquiry.
104
Fortis 9• DEDE F" No.
(To De pmvkjed M DEOE)
ate\
Cityl`ra Salem
n
(?, Commonwealth
of Massachusetts ApdCOnt
Enforcement Order
Massachusetts Wetlands Protection Act, O.L c. 131, §40
From SAIP. Com 'issuing Authority
To Walter Ahraham
Date of issuance June 26, 1989
property lot/parcelnumber. address 65 Valley Street
Extent and type of activity:
Illegal placement of fill in Wetland Buffer Zone
The Salem Conservation Commission has determined that the activity described
above is in violation of the Wetlands Protection Act, G.L c. 131, §40, and the Regulations promulgated pur-
suant thereto 31 OICMR 10.00, because:
® Said activity has been/is being conducted without a valid Order of Conditions.
M Said activity has been/is being conducted in violation c!an Order of Conditions issued to
dated
Fie number. Condition number(s)
❑ Other(specify)
The Salem Conservation Commission hereby orders the following:
❑ The property owner, his agents, permittees and all others shall immediately cease and desist from further
activity affecting the wetland portion of this property.
❑ Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
9.1
1015
E .Completed application forms and plans as required by the Act and Regulations shall be filed with the
on or before (date),
and no further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. Application fortes are available at.
( The property owner shall take every reasonable step to prevent further violations of the act.
C3 Other(specify)
-No unclean fill or fertilizer. shall be placed within 100 feet of the wetland.
-Filled area shall not exceed present grade.
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap-
ter 131, Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine of not more
than one thousand dollars or by imprisonment for not more than six months or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to:
Kathleen M. Winn
Issued by S m Con rvation Cnmmjqqinn
Signature(s)
(Signature of-delivery person
= or certified mail number)
9.2
v
_t
l Form 2
DEOE FIe No.
(To be provided by DEGE)
( Commonwealth City/Town 64�t:y—e€ 6e4�em
=� of MassachusettsApplicant ?falter Abraham
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L c. 131, §40
From Salem Cnncarvatinn Cnmroiceinn Issuing Authority
TO wai tar nt,r�h+ — Llalter Abraham
(Name of person making request) (Name of property owner)-
Address 65 Valley Street Address 65 Valley Street
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
] by certified mail,return receipt requested on September +4 a+999 (date)
Pursuant to the authority of G.l_c. 131, §40,the c,l-m 6aaeet a E=er: 6emm93eee
has considered your request for a Determination of Applicability and its supporting documentation,and has
made the following determination(check whichever is applicable):
This Determination is positive:
1. ❑ The area described below, which includes alllpart of the area described in your request,is an Area
Subject to Protct;tion Under the Act.Therefore, any removing,filling,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.There-
fore,said work requires the filing of a Notice of Intent.
r
r � •
2.1
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, and will alter an Area Subject to Protection Under
the Act.Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative:
1. ❑ The area described in your request is not an Area Subject to Protection Under the Act.
2. ❑ The work described in your request is within an Area Subject to Protection Under the Act,but will
not remove, fill, dredge,or alter that area.Therefore,said work does not require the filing of a
Notice of Intent.
3, Q The work described in your request is within the Buffer Zone,as defined in the regulations,but wi4
not alter an Area Subject to Protection Under the Act.Therefore,said work does not require the
filing of a Notice of Intent. SHL AMC[LP CC?' TTTRNS.
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 Conservation Commission
Sign>3fure(s)
51,
i r
i
This Determination must be signed by a majority of the Conservation Commission.
On this_L day of alp���!/n �/ti�C 19 , before me
personally appeared -k , A&y c, 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.
r
Note 414, c My commission expires
This Determination does not relieve the applicant from complying with all other applicable federal,state or local statutec ord'mances,
by-laws or regulations.This Determination shall be valid for three years form the date of issuance.
The applicant,the owner,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed
work is to be done,or any len residents of the city or town in which such land is located,are hereby notified of their right to request the
Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability,providing the request is made
by certified mad or hand delivery to the Department within ten 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 the applicant.
2-2A
Walter Abraham - 65 Valley Street
Conditions
1 ) Level of land shall be uniform with abutter' s property.
2) All work shall conform to plan submitted on July 27,
1989.
3) All work must be performed within applicant ' s property
lines.
4) Slope shall be in proper proportion to prevent runoff.
5) Fertilizers, insecticides, and herbicides shall be in
proper proportion and kept to a minimum and used only
as necessary. '
6) Existing stockade fence shall be replaced according to
plan submitted on July 27 , 1989 and shall be maintained
in good condition.
7) Shrubbery shall be placed inside the fence line in
general accordance with the sketch submitted July 27 ,
1989.
8) Vegetation shall be planted so as to prevent erosion on
the rear side of the fence at the lot line.
9) Only clean quality fill as defined by the Wetlands
Protection Act shall be used.
10) All clippings and cuttings shall be disposed of
according to City regulations and shall not be placed in
the area outside of the fence at the buffer zone.
d127
t .F
R
Form 1
DEOE File No.
(To be prowoea by DEdE)
ci City/Town Sole-W4
Commonwealth / ' L[ !
of Massachusetts Applicant WCi/Tel �/JZ7 No k4
x
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 1319 §40
1. I, the undersigned. hereby request that the 5c'-le-Wt
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, §40.
2. The area is described as follows.(Use maps or plans. it necessary,to provide a description and the
location of the area subject to this request)
r„rvaIle,
13'1 out
3. The work in said area is described below. (Use additional paper, if necessary, to describe the
proposed work.) PP
�_P1�C� T�1VCL
y/ oN4
so &,,,.t,,t� � ��iy d✓eie� �G� ��`a
Effective 11/1/87
a �
4. The owners)of the area, if not the person making this request, has been given written notification of this
request on (date)
The names)and addressles)of the ownerls):/
(0 5 ?/i le_y 5f
Set/ew, . 14.4 o r (j
5. 1 have filed a complete copy of this request with the appropriate regional office of the Massachusetts
Department of Environmental Quality Engineering on (date)
Metro Boston/Northeast Southeast
38 Commerce Way Lakeville Hospital
Woburn, MA 01801 Lakeville, MA 02346
Central Western
15B Grove Street State House West. 4th Floor
Worcester, MA 01605 436 Dwight Street
Springfield. MA 01103
6. 1 understand that notification of this requestwill be placed in a local newspaper at my expense in accor-
dance with Section 10.05(3)(b) 1 of the regulations by the Conservation Commission and that I will be
billed accordingly.
Signature 42/" g Name GAZACEZ
Address Tel. 7
1.2
c-, � n
�� p � � �
��_� �.
t � � � �
��'
0
��
� �
U
S
1,� �'a
� �
m\
<\r
I�
F b/
` s 0 i10 4 9\ 7
/
ocs
� 860
D 4
/463 nc
�soo 9 130-Sm
i
b /o \
/69s wry " g 9y • _-_-_-_-_---STREET-----'_�_�
o 60 124
V ° 65
428 \ \
8'�q R84 R'oo CD
i 220 46� 456 ~
s
e (�
o X I
6` Rsg
,s° R o O <v r 5 9
tt5.oil � 560\
N � \
e� \� GGG +�
a � "r f
NDER THE DIRECTION OF THE —
\
?BARD OF ASSESSORS / \
BY
AiRMAP INC, \ o
F — SPAIN'TPFE - NaaTToRf)