33 WINTER ISLAND ROAD - CONSERVATION COMMISSION DOA - 35. Winter Island Road
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310 CMR 10. 99 DEP File No.
(To be provided by DEP)
Form 2
City/Torn Salem
Applicant Richard Pabich
Commonwealth
of Massachusetts Date Request Filed 9/23/97
Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
From Salem Conservation Commission Issuing Authority
To Diane and Richard Pabich
(Name of Person making request) (Name of property owner)
Address 35 Winter Island Rd. Address
Salem, MA 01970
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
Q by certified mail, return receipt requested on October 10, 1997 (date)
Pursuant to the authority of G.L. c.131, 440., the Commission
has considered your request for a Determination of Applicability 'and its sup-
porting documentation, and has made the following determination (check whichever
is applicable) :
_j .
Location: Street Address 35 Winter Island Road
Lot Number: Man 44 Lot 28
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 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 Protectiot.
Under the Act, but will not remove, fill, dredge, or alter that areL.
Therefore, said work does not require the filing of a Notice of Intent.
Required staked haybale line and stockpile location as noted on submitted plat
3. ❑ The work described in your request is within the Buffer Zone, as defined
in the regulations, but will not alter an Area Subject to Protection Under
the Act. Therefore, said work does not require the filing of a Notice of
Intent.
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)
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44)
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This Determination must be signed by a mal ityof the Conservation Commission.
On this . 9th day of October . 19 97 , before me
personally appeared the above mentioned 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.
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Notary Public my ommiss�on ExpXres .
This Determination does not relieve the applicant from complying with all other applicable federal, state or
,local statutes, ordinances, by-laws or regulations. This Determination shall be valid for three years from the
date of issuance.
The applicant, the owner, any person aggrieved by this Determination, any owner of 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 lend is located,
are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding
Determination of Applicability, providing the request is made by certified mail or hand delivery to the
Department, with the appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7) within ten
days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and the applicant.
2-2A
z zC"iservafion Commi&ion
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Salem. Massachusetts 01970
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City of Salem
Conservation Commission
Will hold a public hearing for a Determination of Applicability under the Wetlands Protection
Act, Massachusetts General Laws, Chapter 131, Section 40, at the request of Richard Pabich, 7
Summer Street, Salem, Ma. The purpose of the hearing is to discuss the proposed removal of
ledge, construction of a slab foundation addition to an existing house, and landscaping within a
Buffer Zone of a Coastal Bank on the property located at 35 Winter Island Road. This hearing
will be held on Thursday, October 9, 1997 at 7:00 p.m. in the second floor conference room at
One Salem Green.
Fred Harney
Chairman
October 1, 1997
Please send bill to:
Richard Pabich
7 Summer Street
Salem, Ma 01970
sd\concom\ads\100197
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310 CMR 10.99 DRP File No.
M be Pz dsd by DEP)
Form 1
citr/ro.n SA-L•6%�
. . _ _ ApPlicut TtUt A-�� 4-at C
commonvealth
of Massachusetts - -
Request for a Determination of Applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
1. I, the undersigned, hereby request that the G'4 L h
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 Not, G.L. c. 131,
440.
2. The area is described as follows. (Use maps or plans, if necessary, to
provide a description and the location of the area subject to this request. )
Location: Street Address .9S W/"VrL/L
Lot Number: ,AIA-+P 4 4 LOT d9
<S E-£ Esu c vV s 6 A lac�T h�LA"~
3. The work in said area is described below. - (Use additional paper, if
necessary, to describe the proposed work. )
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Effective 11/10/69
4. The owner(s) of the area, if not the person makingthisrequest, has been
given written notification of this request on (date)
%�`, The, name(s) and address (es) of the owner(s) :
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S. I have filed a complete copy of this request with the appropriate regional
office of the Massachusetts Department of Environmental Protection
(date)
DEP Northeast Regional Office , DEP Southeast Regional Office
10 Commerce Way 20 Riverside Drive
Woburn, MA 01801 Route 105 .. -
Lakeville, MA 02347
DEP Central Regional Of f' .ce -No a 4� y--DEP Western Regional Office.
75 Grove Street State House West, 4th Floor
Worcester, MA 01605 436 Dwight Street
,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 I will be billed
accordingly.
Signatur 91 Name c cH Arid T, f?A-6 C-I-r
Address --7 .gcmor6.G Si 9At-e" Tel.. C978� 74/ - 0(.9c,
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