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35 WINTER ISLAND ROAD - CONSERVATION COMMISSION 35 w�� �sfs�sl rZJ� 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: 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 Richard & Diane Pabich Same return key. Name Name - 35 Winter Island Road !ed Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code a 1. Title and Date of Final Plans and Other Documents: Details I & II included in RDA filing 7/16/03 Title - Final Date(or Revised Date if applicable) 2. Date Request Filed: August 11, 2003 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): Construction of new concrete stair to an existing wall along a coastal bank at 35 Winter Island Road Project Location: 35 Winter Island Road Salem Street Address City/Town Map 44 Lot 28 Assessors Map/Plat Number Parcel/Lot Number - WPA Form 2 Rev.02100 Page 1 of 5 e Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands r" 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 fling 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. ❑ 21b. 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 plans) 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. ❑ 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 WPA Forth 2 Page 2 of 5 Rev.02/00 y� Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands F 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). **The stairs are to be constructed long the side and anchored to the existing seawall above the mean high water mark, on top of an existing large rock outcrop. The Commission determined that there would be no impact to any resource area (rocky intertidal shore and beach). ❑ 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. WPA Form 2 - Page 3 of 5 Rev.02100 '\ Massachusetts Department of Environmental Protection ' Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability a 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: ❑ by hand delivery on X by certified mail, return receipt requested on 5ec�kv��.e� 2ci.7�ro7 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 Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A)and the property owner (if different from the applicant). Signatures: ti l3- . v Date WPA Form 2 Rev,02J00 Page 4 of 5 r 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 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. WPA Form 2 Page 5 of 5 Rev.02/00 UNITED STATES POSTAL SERV',C�. -�y,S _ irst-Class `r ostage'8'Fzas-Paid PM - ---USPS _ � a -Permit No:-G 10_- — • Sender: Please print your naive, address, and`ZiP+4in-this-b'ox-•— Salem Conservation Commission 120 Washington Street,3rd fl Salem;MA 01970 ' ! I W 44rZM1_ SENDER: COMPLETE THIS SECTION COMPLETE TIfIS S2X[ION ON ■ Complete items 1,2,and 3.Also complete Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. .13:,f(.'dived by(Printed Name) C. 7/eelivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from item 1 ❑ Yes 1. Article Addressed to: If YES,enter delivery address below: ❑ No 35 - �` II 3 Service Type OCT U 8 2003 Certified Mail ❑ Express Mail ❑ Registered ❑ Return Receipt for Merchandise DEPT.OF PLANNING& 0 Insured Mail ❑C.D.D. COMMUNITY DEVELOPMENT 4. Restricted Delivery?(Extra Fee) ❑yes 2. Article Number (rens/er lrom seivide�labelJ�til$21,2HI6 OociZ��o2i (�Q,� ) {i�' ' { PS Form 3811,August 2001 Domestic Return Receipt 102595-02W-1500 UNITED STATES POSTAL SERVICE First-Class Mail LISPS Poste&Fees Paid ag Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box Salem ConserydOn Commission 120 Vi1ashingtOn street,3rd F1 Salem,MA01970 RECEIVED .00T 2 2003 lWivatt Rbk DEPT OF PLANNING& lhildiid: Nj!JJJJ::i: I COMPLETEf ■ 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 revshe ❑Addressee so that we can return the card to you. a ' It, ecelved by( rte p(armne) C. Date of Delivery ■ Attach this card to the back of the mailp, . I, , or on the front if space permits. j! f D. Is delivery address Ofl6rent from item 1? ❑ Yes 1. Article Addressed to: I I g lg(U,a delivd y_:address below: ❑ No . 6� �hut RSV1J(nQ.r�ca� I" 6 V 3 it-�/ �T�;aq 1r,— (� .. 3.' Nice Type �� `����, � �'�• Certified Mail ❑ Express Mail Q l•J _/ El Registered ❑ Return Receipt for Merchandise ca— O y( El Insured Mail ❑C.O.D. YU 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer from service label)_7001 Z4VQ Ooo2 CM7-A Of PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1540 11 U.S. Postal ServicerM CERTIFIED MAIL,. RECEIPT _ T _ `(Domestic Mall Onty;.No Insurance Coverage P ovided) For delivery Information visit our website at www.usps.00me PS Form 3800,June 2002 See Reverse for Instructions Certified Mail Provides: zees-Iv-zo-seazot ■ A mailing receipt (esreney)zooz eunr'ooae uucd ad ■ A unique ldehfier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with FIrst-Class Made or Priority Mails. ■ Certified Mail is not available for any class of International mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt mar be requested to Provide proof of delivery.To obtain Return Receipt service,please complete antl attach a Retum Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse nosepiece"Return Receipt Requested'.To receive a fee waiver for a du licate return receipt,a USPSs postmark on your Certified Mail receipt is requ red. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt is desired,please present the arti- cle 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 andpresent it when making an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. U.S. Postal Service,M CERTIFIED MAIL.,, RECEIPT (Domestic Mail Only;No Insurance Coverage•Provided) For tlelivery information visit our website at www.usps.comn OFFICIAL C3 postage ru (End R.Bqp�tlui PS Form 3800,June 2002 See Reverse for Instructions Certified Mail Provides: zest-w-zo-asszot ■ A mailing receipt n tma^eff)no eunr'om Wq:1 ad ■ A unique identifier for your mailpiece ■ A record of delivery kept by the Postal Service for two years Important Reminders: ■ Certified Mail may ONLY be combined with First-Class Mails,or Priority Mall, ■ Certified Mail Is not avallable for any Gass of international mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mall. ■ For an additional fee,a Return Receipt mar be requested to provide proof of delivery.To obtain Return Receipt service,please complete antl attach a Retum Receipt(PS Form 3811?to the article and add applicable postage to cover the fee.Endorse mailpiece'Rehm Receipt Requested".To receive a fee waiver for a duplicate return receipt,a USPS®postmark on your Certified Mail receipt is required. ■For an additional fee, delivery may be restricted to the addressee or addressee's authorized 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 arti- cle 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 andpresent it when making an Inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. I .� ! Massachusetts Department of Environmental Protection �r 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: 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 Richard & Diane Pabich Same return key. Name - Name 35 Winter Island Road Y� Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Title and Date of Final Plans and Other Documents: Details I & II included in RDA filing 7/16/03 Title Final Date(or Revised Date if applicable) 2. Date Request Filed: August 11, 2003 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): Construction of new concrete stair to an existing wall along a coastal bank at 35 Winter Island Road Project Location: 35 Winter Island Road Salem Street Address City/Town Map 44 Lot 28 Assessors Map/Plat Number Parcel/Lot Number WPA Form 2 Rev,02/00 Pagel of 5 O 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 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. ❑ 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 _ WPA Form 2 - Page 2 of 5 Rev.02100 \ - 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.) ❑ 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 notalter 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). **The stairs are to be constructed long the side and anchored to the existing seawall above the mean high water mark, on top of an existing large rock outcrop. The Commission determined that there would be no impact to any resource area (rocky intertidal shore and beach). ❑ 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. WPA roan 2 Page 3 of 5 Rev.02100 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.) ❑ 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: ❑ by hand delivery on X by certified mail, return receipt requested on /� Se�l�'�.Pr 2S.7,cco� Date Dates 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 appropriate DEP Regional Office(see Appendix A) and the property owner(if different from the applicant). Signatures: LhU Date � � WPA Form 2 Rev.02/00 Page 4 of 5 Massachusetts Department of Environmental Protection k 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. WPA Form 2 Page 5 0!5 Rev.02100 Massachusetts Department of Environmental Protection lBureau of Resource Protection - Wetlands 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 Richard & Diane Pabich Same return key. Name Name 35 Winter Island Road Mailing Address Mailing Address Salem MA 01970 Citylfown State Zip Code City/Town State Zip Code 1. Title and Date of Final Plans and Other Documents: Details I & II included in RDA filing 7/16/03 Title - Final Date(or Revised Date if applicable) 2. Date Request Filed: August 11, 2003 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): Construction of new concrete stair to an existing wall along a coastal bank at 35 Winter Island Road Project Location: 35 Winter Island Road Salem Street Address City/Town - Map 44 Lot 28 Assessors Map/Plat Number Parcel/Lot Number WPA Fo"2 Page 1 of 5 Rev.02/x0 - - 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands s 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 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. ❑ 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 WPA Form 2 Page 2 of 5 Rev.02100 Massachusetts Department of Environmental Protection � l 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). **The stairs are to be constructed long the side and anchored to the existing seawall above the mean high water mark, on top of an existing large rock outcrop. The Commission determined that there would be no impact to any resource area (rocky intertidal shore and beach). ❑ 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. WPA Form 2 Page 3 of 5 Rev.02/00 Massachusetts Department of Environmental Protection 1 Ulf 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/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: ❑ by hand delivery on X by certified mail, return receipt requested on Date Dat 5et\&� .er 2c,.7'.MD Dat 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 appropriate DEP Regional Office(see Appendix A) and the property owner(if different from the applicant). Sign tures: Date WPA Form 2 Rev.02100 - Page 4 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands v, WPA Form 2 — Determination of Applicability t^X 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. WPA Fo.2 - Page 5 of Rev.02100 F i f v; Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands cy/-own ?' WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: Applicant: When filling out pp forms on the Richard&Diane Pabidh. � bich a ,( ellatlantie net computer, use ---—--.._.... — ..—_.—.-.—. -- E-Mal — -- — , Name !Address only the tab key to move your 35 Winter Island.Rd. cursor-do not Mailing Address use the return Salem ---- ---__—_—.------— ..—_ MA __.....—.. 01870 key, CWTown state Zip Code 978 7457274 — _IGS' Phare Numher Fax Number(If applicable) . 2. Representative(if any): contact Na e. E•Mafl.Address Mailing Address State Zip Code Phone Number — Fax Number(if applicable) ti B. Determinations 1. 1 request the Salem.. _ make the.following.determination(s)..Check-any thatapply: Conservation commission ❑ a.whether the area depicted on pl�n(s) and�or map(s) referenced below is an area subject to z jurisdiction of the Wetlands Protection Act. i0 0 W :whether the bolmdaries of resource area(s)depicted on plan(s) and/or map(s) referenced ?� a b z below are accuratoly delineated. LU W Coo c,whetherthe work depicted on plan(s)referenced below is subject to the Wetlands Protection Ad. ❑ 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 or Municipality --- --__— \ Q e. whether the following scope of alternatives is adequate for work In tbe Riverfront Area as depicted on referfnced plan(s). f of A F 1, Massachusetts.Department of.Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 1 Request for Determination of Applicability cwrown 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): 35 Winter Island Road Salem Street Address. .. .. Cityfrown 44 28 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): North side of parcel,-abutting-resource area.. c. Plan.and/or.Map.Reference(s): L--Of-vs t-IA-P alb ro3 Title :-_ be ta— PLMQ �'�IL /05 Title Y 16 talw L— VDate U Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): �IJ��v LL Ccx.1�� aTAI R� /�-Nt� l�Ar u N G— U FSA rf D e F H l&q t ATEV-- MAS Q-V- 2>e-AC E1 66( t_sl Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands cryrrowo WPA Form: 1 - Request for.Determination of Applicability 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). Project limited in scope; no adverse impact to resource area. 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area;indicate the one etassification below that best describes the project. ® Single family house on a lot recorded on or before 8/1/96 ❑..Single:famity,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, wherethe applicant owned the lot before 8/7/96 ❑. New.agriculture,or aquaculture project ❑ Public project where funds were appropriated prior to 8/7/96 .. ❑. Projecton:a lot shown Oman approved;definitive subdivision plan where there isa-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.) Massachusetts Department of Environmental.Protection Bureau of Resource Protection - Wetlands WPA Form 1 = Request for Determination of Applicability CilylTown Massachusetts Wetlands Protection Act M.GI. 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 Appendix A)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: , Name:...JS Mailing Address D l 1-7 o CityLfown.. State Zip Code �(J' 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. Signaturep Applicant Date Signature of Representative(if any) Date -�A s r p +fes t e X-IZA� IN py ^ � � ��.� � Vie.. ! �,IF§�S v fi � '� � l•'.'' V 3n t 3 s ' , at. s r r lr['� `,r AMAXtr-rA--CC 4416H TIDE \ M I � c%� ,f' FflUN� i 72�o'36� N / STON 86.s 7' F X , � r 10" CEDA RET =AINING WALL � -LEDGE\ �, 6) CON( COLL OcO j l j's h� ^h M W ^� c�^ / 10" CEDAR 12" MAPLE ' DEED - PARCEL 1 -V -7 ' +..� 12,8611 SF. 20" M y1 `C�� ♦ i@ Z o._ 6 0 20" APPLE `.tea` 00 • �s n �o, APPAREL` CONCRETE WALK 2A' WATER 10 P ' 7 1 M ^7 BRICKS EDGE OF co BEACH � oco* DW l CLUNG o GARAGE S p. o44J Q�Sti2 No. 35 w o 1R°p25I PORCH / I N 74-0,5,01. W S0 N/F BINGHAM a / Sj°�� PLOT PLAIN 4 as C� H 4 2 i , GumQ ZA l 2 2 1 � 3 � TopoZone - The Web's Topographic N/ ap Page I of 2 C'O M 11 �Jno Ons Target is UTM 19 346597E 4710013N SALEM quad LQuaq Into ON' TIT Jgg- X- N, N vt Af, A* W v LEN AR8 .4 7'D: 0Z000 4000 6000 8060 meteriaL . . . . 0 http:/Iwww,topozonc.r,om/print-asp92:=19&n=4710013&e--346597 7/16/03 t MAO S. MAPJ n M# tR � d X. T: For l -,,t' �'`�s sdc• y� jellF, ,� `_�+ �4 ff Ile �1�I3 t ,a7rP- ,rs >, f �/l`, � .'�-t r f 73f s� ��r � -.i,L •I �'I Niy��� . r,-. U It f = J i .r � fa a, r•9p, J„��� '��'�}i`,� ��y`�C r +�ap7'%'��{�' �' '�t''V ,�J \\y' \W�J, Xl ( _ \ 1 J Massachusetts Depe ttment of Environmental Protection L�` T,:-- Bureau of t2a8ouree rroteation - Wetlands Cityl"Own „-�i }., WPA Form 1 - Request for Cetermination of Applicability Massschusett ,Wetlands Protection Act M.G.L. C. 131, §40 - I A,. General Information Important: when nningout 5. Appucent� \, forms an the RICha14t if VIErla RObhar d ghich, belled®ntio.net computer, USE Na only the tab key a Mau Aaoreae Ad move your 35 Winter island Rd. cursor-do not Mailing Address MA 01970 use the return Salem he,, CRffiOrin state_ ZOCode 978 Phma Number. Fax Num bar(it appacahie)' II 2. Representative (if any); Fitm NIallingAgCraYe -- / Cay/Town. State Zip Code P,tlGte NYmGef �� Fex Number(if eppliwbie) a. Det6rmtnatfonc 1. I request the Salem.. _„_ make thefollowing determination(s)..Checkany that.apply; Consewath:.�Comm scion ❑ a. whether the ars-a depicted on pl�n(s) ani:/or map(Is) referenced below is an area subject to aaW Jurisdiction or the iNetlands Protection Act. a �a W N z� ❑ b: whether the 116IMariaS of FOSCUrce areas)depicted on plan(s) andlor map(s) referenced a below are accurrtfly delineated. W c,whetherthewo*depicted Onplan(s)refereneedoelow!ssubJectteihaWetlands Protee4ionAct. LU �o F-1d. whether the are a andior work depicted on pians) referenced below is subject to the jurisdiction ` of any municipal wetlands ordinanCt Or,bylaw OL Neme of Muniripaliry ❑..e. whether the fol owing,scope of alternatives is adequate for work inihe Riverfront Area as depicted on refer:raced plan(s). q<sn,n wwafnrro,nnn.r f9Ml: Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands City/Town ' WPA Form 1 - Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description a. Project Location (use maps and plans.to identify the location of the area subject to.this request): 35 Winter Island Road Salem 8vset Address. CltyFrown i, 4428 Assessors Map/pit NumW ir Parcel/Lot Number b. Area Description (use additional paper, if necessary): Northside of parcel,.;il uqq! resource area i c. Plan and/or Map.3eference(s): Se - Title — . . .. .....— _...._—_ , /[ / 2. a. Work Description (use additional paper and/or provide p!an(s) of work, if necessary): utZ-Ar.3b Ofr 1 i Massachusetts Department of Environmental Protection 1 Bureau of Resource Protection - Wetlands --- WPA Form 1 • Request for Determination of Applicability City/Town 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). E. limited in scope, no adverse impact to resource_area. - 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 \ ❑ .$ingle,family.house on a lot recorded after 8/1196 ❑ 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 8/7196 ❑ New.agriculture.o`aquaculture project Public project where funds were appropriated prior to 817/96 E]. 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 ❑.Residentiai.subdNision', institutional;industrial, or commercial project ❑ Municipal project j P.,District, county,state, c;federal government project ❑ Project required tc evaluate off-site alternatives.in more than one municipality in an . Environmental- mpact.Repon under MEPA or in a alternatives analysis pursuant to an application for a 4104 permit from the U.S. Army Cour s of Engineers or 401 Water Quality Certification from ehe Department of Environmental Protection. b. Provide evidence ;e.g., record of date subdivision lot was recorded)supporting the classification . above (use.additional I>aper and/or attach appropriate documents,.if necessary.) umMrm,Ary•rmi MSM Pana9 MA � 1 Massachusetts Department of Environmental Protection WPA Form 1 - Request for Determination of Applicability LF Bureau of Resource Protection - Wetlands cayRown i Massachusetts Wetlands Protection Act WGI. c. 131; §40 I D. Signatures and Submittal Requirements I hereby certifyunder the penalties of perjury that the foregoing.Request.for Determination.ofAppiicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I fu>ther:certlfy.that the pi operty.owner; if different from the applicant,:and the appropriate DEP Regional Office (see Appendix A)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: Name Mailing Address -- State r_ ----.... _ . ._.. —_... . ""- ---� - ._ .-._. Zip Code Signature s: t I also understand that not!fication 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. Signature Applicant- ....._ -. Date....---_..- ._.�.._..--_—.... Signature of Representative;if any) Date r ...no(nemA.Y,mfIIM Oarc�n1 f. �� --_- 13 C-0 Iz 1 , 7 i i i II I V � \ E ti �T I I I I i j ,I �' 6' z 1/0 41 S 72-20,360 E \ NA a - / i0+' CED RETAINING WALL 1, ;LEDGE\' / CON � cp4v �/ �I Its �`x-RE'r'� COL� �7 10° CEDAR 12" MAPLE lags L7 DEED PARCEL 1 ®• / 12,861 SF. 20+ M , N S� �• ,'e D F / E o, ooh . N S£T I • 0 M�� ® 2 200 APPLE , ^ 1oQ APPARE. CONCRETE WALK 2A„ M y 4.0 Mvi WATER � � 1 ,' EDGE OF BEACH 1 o v DWELLING y GARAGE • v F. F. e� `'Et NO, 35 2 0 f 0.251 O N I P02CH 0 N 7¢'05'010 1101\� �0¢ Q N/F B/NGHAM � I N134 --NO-At'l pep.Y Pf a .'7,V !1�1 ION CoM Conservation Commi%ion (� Salem, Massachusetts 01970 Bey 5� ynssac� 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 the Richard & Diane Pabich, 35 Winter Island Road, Salem, MA. The purpose of the hearing is for a determination of work related to the construction of new concrete stair to an existing wall along a coastal bank at 35 Winter Island Road. This hearing will be held on Thursday, September 11, 2003 at 6:00 p.m. in Room 313, third floor at 120 Washington Street. Kevin Cornacchio Chairman September 4, 2003 Please send bill to: r Richard & Diane Pabich 35 Winter Island Road Salem, MA 01970 978-745-7274 r