Willows Park, Phase1 Master Plan Extended Project Area - CONSERVATION COMMISSION RDS
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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 City of Salem, Dept. of Planning & Community City of Salem
return key. Development Name
120 Washington Street 3` Floor 93 Washington Street
Mailing Address Mailing Address
Salem MA 01970 Salem MA 0
City/rown State Zip Code Citylrown State Zipp Code
1. Title and Date of Final Plans and Other Documents:
Site Improvements at Salem Willows Park- Phase One, "Master Revised 5/30/03
Plan Extended project Area" Wetland Resource Areas Final Date(or Revised Date if applicable)
Title
2. Date Request Filed:
May 30 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):
Phase I of a waterfront improvement plan, the proposed work under this particular phase includes the
construction of new bituminous concrete walking paths with decorative brick accents, which will replace
the existing pathways. In addition, associated landscaping will be incorporated along with waterfront
viewing areas
Project Location:
200 Fort Avenue Salem
Street Address Citylrown
Map 45 Parcel 0089
Assessors Map/Plat Number Parcel/Lot Number
NPA Form 2 Page 1 of 5
Rev.02/00
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 followingwin9 Determinations is/areaPPlicable to theproposed si
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 F..2 - Page 2
Rev.02/00
t
`l 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).
❑ 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.
MA Form 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 ❑ by certified mail, return receipt requested on
�wf.L \X Z,w3
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). ❑❑ ignatures
��p 12 2ao3
Date
NPA Form2 Page 4 of
Re¢02M
t
Massachusetts Department of Environmental Protection.
Bureau of Resource Protection - Wetlands
WPA Form 2 — Determination of Applicability
w
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.
NPA Form 2 Page 5 of 5
Rev.02100
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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 City of Salem, Dept. of Planning &Community City of Salem
return key. Development Name
120 Washington Street 3rd Floor 93 Washington Street
m Mailing Address Mailing Address
Salem MA 0p Cod Salem MA 0
City/fown State Zip Code City/fown State Zipp Code
1. Title and Date of Final Plans and Other Documents:
Site Improvements at Salem Willows Park- Phase One, "Master Revised 5/30/03
Plan Extended project Area" Wetland Resource Areas Final Date(or Revised Date if applicable)
Title
2. Date Request Filed:
May 30 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):
Phase I of a waterfront improvement plan, the proposed work under this particular phase includes the
construction of new bituminous concrete walking paths with decorative brick accents, which will replace
the existing pathways. In addition, associated landscaping will be incorporated along with waterfront
viewing areas.
Project Location:
200 Fort Avenue Salem
Street Address City/Town
Map 45 Parcel 0089
Assessors Map/Plat Number Parcel/Lot Number
VVPA Form 2 Page 1 of 5
Rev.goo
1
't Massachusetts Department of Environmental Protection
Bureau of Resource Protection -Wetlands
WPA Form 2 — Determination of Applicability
z 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 Fo.2 Page 2 of 5
Rev.02/00
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).
❑ 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 Pomp 2 Page 3 of 5
Rev.OMO _
\L
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:
EJ by hand delivery on ❑ by certified mail, return receipt requested on
Date I 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). ❑❑ ignatu^^res:
VV 14Y
Dates
WPA F.2 Papa 4 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
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 5
Rev.02100
Massachusetts Department of Environmental Protection Salem
Bureau of Resource Protection -Wetlands City/Town
3 WPA Form 1 - Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
A. General Information
Important:
When filling out 1. Applicant:
forms on the City of Salem-Dept. of Planning &Community
computer, use Development E-Mail Address(if applicable)
only the tab key
to move your 120 Washington Street, 3rd Floor
cursor-do not Mailing Address -
I use the return Salem MA 01970
l key. Cityfrown State Zip Code
978-745-9595 x311 '978-740-0404
Phone Number Fax Number(if applicable)
2. Representative (if any):
NA
Firm
Contact Name E-Mail Address(if applicable)
Mailing Address
City/Town State Zip Code
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:
Salem
Name of Municipality
❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as
depicted on referenced plan(s).
WPA Form1 Page 1 of 4
Rev.02100
Massachusetts Department of Environmental Protection Salem
I Bureau of Resource Protection - Wetlands City/Town
m i WPA Form 1- Request for Determination of Applicability
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):
200 Fort Avenue Salem
Street Address Cityrrown
Map 45 Parcel 0089
Assessors Map/Plat Number Parcel/Lot Number
b. Area Description (use additional paper, if necessary):
Existing public waterfront park adjacent to Salem/Beverly Harbors, located at the end of Fort Avenue.
Various public amenities, including 2 docks, outdoor amphitheater, playgrounds, grassy open space
with a heavy array of mature trees including Willows, Maples and Oaks, walking paths and beaches.
c. Plan and/or Map Reference(s):
Site Improvements at Salem Willows Park- Phase One, Master Plan Extended Revised
Project Area 5/30/03
2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary):
Phase I of a Waterfront Improvement Plan. The proposed work within the 100-foot Buffer Zone to a
Coasat Bank will include the construction of new bituminous concrete walking paths with decorative brick
pattern accents which will replace the existing pathways and approximately 1,400 square feet of new
pathways will be added. In addition, associated landscaping will be incorporated along with waterfront
viewing areas.
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).
The propose work described above is within the 100-foot Buffer Zone to a Coastal Bank, there will be
no impacts to this coastal resource area.
WPA Faont ✓' Page 2 of
Rev.07/00
Massachusetts Department of Environmental Protection Salem
Bureau of Resource Protection - Wetlands City/Town
WPA Form 1 - Request for Determination of Applicability
g, Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
ce
C. Project Description (cont.)
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.)
WPA Form Page 3 of 4
Rev.02/00
Massachusetts Department of Environmental Protection Salem
Bureau of Resource Protection -Wetlands Cityrrown
WPA Form 1- Request for Determination of Applicability
Massachusetts Wetlands Protection Act M.G.L. c. 131, §40
D. Signatures and Submittal Requirements
I hereby certify under the penalties of perjury that the foregoing Request for Determination of Applicability
and accompanying plans, documents, and supporting data are true and complete to the best of my
knowledge.
I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional
Office (see 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:
City of Salem
Name
93 Washington Street
Mailing Address
Salem
Cityrrown
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 accor ance with Sect' n 10.05(3)(b)(1) of the Wetlands Protection Act regulations.
Signature of A ate
Signature of Representative(if any) Date
WPA Form1
Page 4 of 4
Rev.02/00
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U Conservation Commi%ion
Salem, Massachusetts 01970
'HASSAG�
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 City of Salem-Department of Planning and
Community Development, 120 Washington Street, Salem, MA 01970. Phase I of a waterfront
improvement plan, the proposed work under this particular phase includes the construction of
new bituminous concrete walking paths with decorative brick accents, which will replace the
existing pathways. In addition, associated landscaping will be incorporated along with waterfront
viewing areas. This hearing will be held on Thursday, June 12, 2003 at 6:00 p.m. in Room 313,
third floor at 120 Washington Street.
Kevin Cornacchio
Chairman
June 5, 2003
Please send bill to:
City of Salem
Department of Planning and Community Development
120 Washington Street, 3rd Floor
Salem, MA 01970
978-745-9595 x311
Phase 1
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Bet o.:
Group Site Improvements at Project #:
Draum by: DCM
Architecture Landscape Architecture Urban Design Planning SALEM WILLOWS PARK - PHASE ONE MASTER PLAN Checked by:
9 Newbury Street Boston, MA 02116 Tel. 617. 424. 8686 Fax. 617. 424. 8282 Date: 7/30/02
Salem, MA EXTENDED PROJECT AREA Revisions:
No. Date Description
City of Salem