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37 WINTER ISLAND ROAD - CONSERVATION COMMISSION (2) RDq — PI(JMMLt AOMI, -For toy; w, 7S/,3,1 CL �d . ,r r ��cpSU1T�A�i CITY OF SALEM CONSERVATION COMMISSION AD'�^rws�a�'r June 1, 2010 Susan St. Pierre 74 Bay View Avenue Salem, Massachusetts 01970 Re: Determination of Applicability 37 Winter Island Road—Plummer Home for Boys—Salem, Massachusetts Dear Ms. St. � rre: S�2N Enclosed, please find the Determination of Applicability for the above referenced project. Following the 10-day appeal period and provided that this Determination is not appealed, you may proceed with your project on or after June 1, 2010. All the work approved in this Determination must be completed within three years from the date of issuance. If you have any further questions, please feel free to contact me at 978-619-5685. Sincerely, Fr k Taormin Planner/Harbor Coordinator Interim Conservation Agent Cc: DEP Northeast Regional Office. • 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 Plummer Home for Boys return key. Name Name 37 Winter Island Road a0 Mailing Address Mailing Address Salem MA 01970 Citylrown State Zip Code City/1"own State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Parcel Map with Aerial Photo May 6, 2010 Title Date Plan of Land in Salem February 24, 1967 Tale Date Tale Date 2. Date Request Filed: May 10 2010 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): Reconstruction of an existing basketball court within the same footprint Project Location: 37 Winter Island Road Salem Street Address _ Cayrrown Map 44 Lot 0360 Assessors Map/Plat Number Parcel/Lot Number wpakrm2.d=-Dwt lna dAPpkabMy-re .1DB94 Pape 1 M 5 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)istare 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)or Order of Resource Area Delineation (issued following submittal of Simplified Review ANRAD) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ t- 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 or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 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 wPefarm2.A •Delerminefiw of Appli lfty•rev.WON Page 2 of 5 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 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). All material and equipement shall be stockpiled outside of the buffer zone. ❑ 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. `a vpeknnl c:Oe ermirwftn A Apokabifily•rev.10/601 Page 3 d 5 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/legulatory 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 June 10, 2010 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 ed by a majority of the Conservation Commission. A copy must be sent to the appropr' a DEP Region Office(see http://www.mass.gov/dep/about/region.findyour.htm) and the property ow er(if differentfro the applicant). Signatur May 27, 2010 Date wyalarm2.doc•DatarmirieWn at Applira0iliry•rev.10/6N0 y Page 4015 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 http//www mass oov/deo/about/recion findyour htm) 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 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. wpelam2, o -Deler inalbn of Applmadllly•rev.1QS104 Page 5 0/5 l UNITED STATES POSTAL SERVICEF trst-CQ�wgfl- 9ta t4jjesid ..AML • Sender: Please print your name, address'ah P f isWb- Salem I I I Sale 120 Wo ashi gtonStreet,3rd FSSI00 Salem,MA 01970 ppq_ Pfa flaw 34- W,nitlVis, t2eed SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and-3.Also complete .. A'- Signature - hem 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverseX Q/t1 .'O.Addressee ...so that we can return the card to you. - 7 Attach this Card to the back of the mailpiece, ..B. Received by(Panted Name) -, c Daie._of Delivery . l or on the front if space permits. , D. Is del ery atldress event from Rem 17 ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No DEP Ngo aosg Lo'-'til 0-. tF W i'l ,(n 6t, M4 0ISU� 3. ervice Type W 1 Certified Mail ❑Express Mall ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Exha Fee) ❑Yes 2. Article Number,; ` ; `7.007 149b 0,602 3077 X472'4 (lFansler Irom sg PS Form 3811,February 2004 Domestic Return Receipt 1025eSe2-M-1540) IVwiin -" - UNITED STATES POSTAL SE New lu PS D L E S E'X!!VF'F1,v RA 8 16 Intr .2.0 10 PM" 11 • Sender: Please print your name, address, and ZIP+4 in this box ConserVabOn GOMMIS�10r' 120 wasbington Street,3rd H Salem,MA 01970 r SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete Items 1,2,and 3.Also complete a SW Item 4 if Restricted Delivery is desired. O Agent ■ Print your name and address on the reverse X 0 Addressee so that we can return the card to you. b Printed Name) C. Dat of Pelivery ■ Attach this card to the back of the mailplece, D or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from 7 Yes If YES,enter delivery address belofc 11 No � ( 01170 3 ry ice Type PCCertifi Mail 0 Express Mail 0 Registered ❑Return Recelpt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number II ' "' _1 (r,ansfer from si 70. 149i0 10002. 30.77 `378,9 ,f!_. ?, i €�I Ad PS Form 3811,February 2004 Domestic Return Receipt 102595-02-ht-. ,: ciirorr�a.,� 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 Plummer Home for Boys, 37 Winter Island Road, Salem, MA 01970. The purpose of the hearing is to discuss the reconstruction of a basketball court located within a Buffer Zone to a Coastal Bank and Rocky Intertidal Area at 37 Winter Island Road. This hearing will be held on Thursday,May 27, 2010 at 6:00 pm in Room 313, City Hall Annex, 120 Washington Street. AV-4 4 / David A. Pabich, P.E. T Chairman Please advertisement on: May 20, 2010 Please send bill to: Plummer Home for Boys 37 Winter Island Road Salem,Massachusetts 01970 978-744-1099 City of Salem Department of Planning & Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received '40 AO)(2 Amount Received Form of Payment Check E] Cash CHECK PAYMENTS: �Otl ?� write check number 'I J CASH PAYMENTS: write client initials L 0 Sign Permit Application Fee Conservation Commission Fee Payment received for F__j Planning Board Fee what service? 0 Old Town Hall Rental Fee Q Other Name of staff person receiving payment Additional Notes 10430 THE PLUMMER HOME FOR BOYS, INC. EASTERN BANK 37 WINTER ISLAND ROAD BOSTON,MA 02110 SALEM,MA 01970 53-179-113 PH.(978)744-1099 FAX(978)744-9772 _ 5/I0/20I O PAY TO THE CITY OF SALEM **25.00 s ORDER OF - $ a Twenty-Five and DOLLARS € CITY OF SALEM 8 MEMO - - A ORRED SIGMA RE R 1150_10L, 30111 1:016130179131: 00 01476122111 Original Check and Form: DPCD Finance Copy 1: Client Client Copy 2: Application File � It 7 f ♦ s:`!� L E �� a t F ONi"1 p dll as F 11/�'f e c ;446. �':� .•.= ,ark. {' ( ' I �� I I MI k I' ��Ipy'1��� , 'Ti S € � I P ° r Y�•m� f�a.it a�)I�Y��ir��r Py[ � � ���� � ��� ,'ee. A F{fife. .�.+.� YN .� i i Fl ��� S 'µ �\ t .•� FYI} vi Fg sz S ,F" t ac ✓r d y 11 Flo. Y '�fi'4 3r'� b'� � � Y� @. a k ✓f � Y i 1 1 3 � ,e 16 9 1 � f s ' x YY jj t4 A01 � 1t g��rv� IIl _ P , t �• tr i- �I.. N. t + E d7 � 3 `1a 3 an Y[�''e ��uFy f Y f RECEEIVED MAY 10 2010 DEPT,OF PLANNING& COMMUNITY DEVELOPMENT May 10, 2010 Mr. David Pabich Chair Salem Conservation Commission City Hall Annex 120 Washington Street Salem, MA 02201 Re: Request for Determination Reconstruction of Basketball Court Plummer Home, Winter Island Road Dear Mr. Pabich, Enclosed please find one original and eight (8) copies of a Request for Determination for the reconstruction of an existing basketball court at the Plummer Home for Boys located at 37 Winter Island Road. The basketball court is located north of the main Plummer Home residence and is approximately 98 feet from the top of the coastal bank. The work involves removal and replacement of the existing basketball court within the same footprint. Only a very small portion of the work will occur within the 100 foot buffer zone. Plummer Home has received funding from the Forever Young Foundation, to undertake this work and we hope to begin construction within the next month. We would appreciate having this Request be heard at your May 27, 2010 meeting and request that a site visit be held prior to that meeting, if possible. Should you have any questions or comments regarding this submittal, or if you require any additional information, please contact me at 781.439-2461 or James Lister, the Executive Director at 978.744.1099. Sincerely, Susan St. Pierre Member, Board of Trustees cc DEP, Northeast Region Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 1- Request for Determination of Applicability Ciry/rown Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information important: When filling out 1. Applicant: forms on the Plummer Home for Boys James Lister glister@plummerhome computer, use Name E-Mail Address only the tab key to move your 37 Winter Island Road cursor-do not Mailing Address use the return Salem MA 01970 key. Cityrrown State Zip Code d`__j 978.744.1099 978.744.9772 yA Phone Number Fax Number(if applicable) 2. Representative(if any): Finn Susan St. Pierre sst.pierre@vineassociates.net Contact Name E-Mail Address 74 Bay View Ave Mailing Address Salem MA 01970 Citylrown State Zip Code 781.439.2461 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 attematives is adequate for work in the Riverfront Area as depicted on referenced plan(s). Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands � WPA Form 1- Request for Determination of Applicability Ciry/Town 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): 37 Winter Island Road Salem Street Address City/Town 44 00360-0 Assessors Map/Plat Number ParcelILot Number b. Area Description (use additional paper, if necessary): Existing basketball court west of main building. c. Plan and/or Map Reference(s): See Attached Parcel Plan and Aerial Photo from City of Salem GIS Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): Project involves reconstruction of the existing basketball[court in the same footprint. Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands c4irown 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 Actor 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). 310 CMR 10.05(3)(a). Work is limited to the outer 1-2 feet of the 100 foot Buffer Zone to Coastal Bank and will not alter wetland resource areas. 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.) i Massachusetts Department of Environmental Protection ILIBureau of Resource Protection -Wetlands WPA Form 1- Request for Determination of Applicability City/rows 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 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. Plulmmer Home for Boys Name 37 Winter Island Road Mailing Address Salem City/town MA 01970 State Zip Code Signatures: I also understand that notification of this Request will be placed in a local newspaper at my expense in accordwith Section 1 (3)(bb)(1)of the Wetlands Protection Act regulations. riz r' co I Signaftire-oftplicbrit ff 11 Date JvN\ti l\S 1Cr May 6, 2010 Signature of Representative(ifany)any) Date ISI / i o g a c p w e\' Alto/ A SALEM HARBOR Plan 0 � L4rJ S41evvN joke-cl resN�,y 'SvYVe�cv�r re Coi'L�2� v i 3 h,.�SJed cSot!� J Plan a�. City of Salem, MA 5/6/2010 Parcel Map 4 002 44 44_0019 440020 44 M2 _00 4_00 440028 [ 44_0031 4_003 ❑ 4 0 5 u � / 0029 _0 3 (� — 4P_OQ33 4 00 2 1 � 003 44_0036 0 J AN W z 3 0 209 feet Property Information ❑ Surrounding Towns Property ID 44_0036_0 ❑ Town Boundary Location 37 WINTER ISLAND ROAD 13 Ocean — Streams MAP FOR REFERENCE ONLY O water Bodies NOT A LEGAL DOCUMENT O Parcels — Easement El Buildings BeauseorddrerentupdaWe edules,mmentpmperly ® Selection:Parcels assessmen5 may not reflect n Manges to Property D rW.rw.Check the Board of Assssmrs bmnfii boundaries used 9 time of assesv City of Salem, MA 5/6/2010 Parcel Map with Aerial Photo =,N$ X A t �] _ Y* �*� b � � 1fY Y ♦�: tl ` 44 0 �% 00 4 17 yy� C.-� �f Y'. 1•kq b`y� q � m 1t4'v Northerly Edge of Basketball Court � approximately 44_0036 r 98'+/-from top Of Coastal Bank lie A ♦ fd } Y. x3 ♦ y ., Yr �tr -rH R r f y F ♦ O F+t 41 i 1 w t VA- 0 feet 43—Oc 11 Property Information ❑ Surrounding Towns Property ID 44_OU3" ❑ Town Boundary Location 37 WINTER ISLAND ROAD D Ocean Streams MAP FOR REFERENCE ONLY O Water Bodies NOT A LEGAL DOCUMENT El Parcels Selection:Parcels Street Names Because of dhferent update s3ieEules,anent property - assesemm5 may not ratted reaM rhaNft W Pmperty boundaries. 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