161 SWAMPSCOTT RD & DELANSON ROAD - CONSERVATION COMMISSION PF 1_ 161 Swampscott Rd �
Marblehead Water & Sewer
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310 CHR 10.99- � _• _ . DEF File No.
- Cro be provided by DEP)
Form 2
CkY/rM0 . -Sal am
i Marblehead ta�ror t ewer
commonwealth Dime Rap=MM 9/30/94
of Xasaachusetta
Determination of Applicability
Hassaahusetts Wetlands Protection Aat, G.L. c.-.131, $10
FrSalem Conservation Commission issuing Authority
om
To. Marblehead`Water 6 Seifei
_ (Name of.Person making request,) . (Name of property owner)
_
Address_ .11-Tower Way,. P.O. Box 1108• Address Same
This determination is issued and delivered-as follows:
❑ by. hand delivery to person making request on (date)
® by certified mail, return
receipt"requested on October 20, 1994 -_(date)
Pursuant_to the authority of`G.L. 0.131, .560, the Commission
has considered your request for a Determination of Applicability and its sup-
porting documentation, and has made the following determination (check whichever
is applicable) :
Location: street Address 161 Swampscott Road
Lot Number: Map 3, Lot 0003
This Determination is positive.
1. ❑ The area described below, which includes all/part of the area described
in your request, is-- an Area- subject to Protection under- the _Act.
Therefore, any removing, filing, dredging. or. altering of `that_area
requires the filing of a Notice of intent.
2. ❑ The work described below, which includes all/part of the work, described
in your request, Ss within an Area.subject to Protection under the Act and
will... remove, fill, dredge or:alter that area. Therefore, said work
requires the filing of-a Notice of intent.
2-1
Effective 11/10/89
3. ❑ The work described below, which includes all/part of the work' described
in your request, is within the Buffer zone as defined in the regulations,
and will alter an Area subject to Protection under the Act. Therefore,
said work requires the filing of a Notice of Intent.
This Determination is negative:
1. [3_ The area described in your request is not an Area subject to Protection
Under the Act.
2. ❑ ' T.`.e work described in your request is within an Area Subject to Protection
alter that area.
under the ActTherefore, said work doesbut willnnot r equire thelfili ggof arNotice of Intent
The work des1.cribed in your;request is within the suffer 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. .-SEE ATTACHED. CONDITIONS -
4. ❑ The area described in your request is suu- -t to Protection under the Act,
but since the work- described therein :rr,�&%a..the :requirements for the
following exemption, as specified in the Act and the regulations, no
Notice of Intent is required:
Issued by
Salem conservation Commission
Signature(a)
This Determination must be signed by a majority of 'the' Conservation Commission.
on this 13th day of October 19 94 , before me
personally appeared the above named to me known to be the
person described in, and who executed, the foregoing instrument, and.
acknowledged that he/she executed the same as his/her free act and deed.
G July 15, 1999
Ot
y Public My-Coggaiseion Expires
This Determination does not relieve the applicant from emptying with all other applicable federal, state or
local statutes, ordinances, bylaws or regulations. This Determination shall be valid for three years from the
date of issuance.
The applicant, the owner, any person aggrieved by this Determination, any owner of lard abutting the land upon
which the proposed work is to be done, or any ten residents of the city or town in which such lard IS'located,
are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding
Determination of Applicability, providing the request is eade by certified omit or hand delivery to the
Deportment, with the appropriate filing fee and fee Transmittal form os provided in 310 CMR 10.03(7) within ten
days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and the applicant.
2-2A
3. ❑ The, work described below, which includes all/part of the work described
in your request, is within the Huffer zone as defined in.the regulations,
saidwill
workalter
requiresAthe fea iling of a Notice of Intent.
ject to protection the Act. Therefore,
This Determination is negative:
1. ❑ The area described in your request is not an Area subject to Protection
Under the Act.
2. [3The work described in your request is within an Area subject to Protection
Under the Act, but will not remove, fill, dred9of a Notice of Iator alter that aenta.
-
Therefore, said work does not require the filing .
3. ❑ The work described in your request is within the Buffer zon ,asdefined
in the regulations, but will not alter an Area subject to Protection
the Act: Therefore, said work does not require the filing of a Notice of
Intent.
4. [3 The area described in your request is Subject to Protection Under the Act;
but since the work described therein meets the requirements for. the
following exemption, as specified in the Act and the regulations, no.
Notice of Intent is required:
issued by the Department of Environmental protection
Signature
ANY of 19 , before me
On this , to me known -_0 be the
personally appeared
person described in, and who executed, the foregoing instrument, and
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public My Commission Expires
This Superseding Determination time not reii-eve
the
applicant fromThis Superseding with at( other ni ration plilt be vecable l eral,
state or local statutes, ordinances, by-
loisregulations.
or
three years from the date of issuance.
The applicant, the owner, arty Person aggrieved by the Superseding Determination, any owner lard , are hg the -
(and upon which the proposed workL is to be done, or any ten persona pursuant to G.L. 0, 30AA, JIOAding
notif tad filing fen and fee
of their right to request an adjudicatory hearing pursuant to G.L. c. 30A,-470, providing the request
is made by certified mail or hand delivery to the Department, with the appropriate
Transmittal Form as provided in 310 CMR 10.03(7) within ten days from the date of issuance of this Superseding
- - - Determination, and to: Docket Clerk, office of of-the e General Came st ll DoPth ime�t ime-best by--.. - --
Protection, one winter Street, Boston, MA rvati A copy
certified mail or hand delivery to the conservation commission, the applicant, and any other party.
A Notice of Claim for an Adjudicatory Nearing shall comply with the Department's Rules for Adjudicatory
Proceedings, 310 CMR 1.01(6), and shall contain the following information:
(a) the DEP wetlands File Number, now of the applicant, and address of the project; if represented by
(b) the complete nome, address and telephone nuober of the party filing the request, and ,
counsel, the name and address of the attorney;
(c) the names arot addresses of alt other parties, if known; _
(d) a clear and concise statement of (1) the facts which'aref{e grounds for tthre n proceeding,
which (is alleged to be
to this Superseding Determination, including spec sought
tncemistent with the Department's Wetlands it"ut Metes' (31 desired iia the SupersedingfDet Determination;
the adjudicatory hearing, including spec
(e) a statement that a copy of the request has been sent to the applicant, the conservation commission and
each other party or representative of such party. If known.
Failure to submit all necessary may result in a dismissal by the Department of the Notice of Claim for an
Adjudicatory Nearing.
2=2B
2 Z CQnsel V atim CommisslOri
Salem. Massachusetts 01970
W
'fix MASSPFa��
161 SWAMPSCOTT ROAD
SPECIAL CONDITIONS
1) . Haybales and siltation fence must be utilized during activity
of demolition.
r
P 091 156 492
Receipt for
Certified Mail
- No Insurance Coverage Provided
Do not use for International Mail
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P.0„State. nt ZIP id
Postage /`L $
Certified Fee J
Special Delivery Fee
Restricted Delivery Fee
T Return Receipt Showing
pp to Whom&Date Delivered
N Return Receipt Showing to Whom,
c Dade,and Addressee's Address
J
&Fees Postage
�; $
Fees 9
C Postmark or Date
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STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES Isco front).
w
1. If you wen[this receipt postmarked,stick the gummed stub to the right of the return address
leaving the receipt attached and present the article at a post office service window or hand it to
your rural carrier Ino extra charge).
2. It you do not want this receipt postmarked,stick the gummed stub to the right of the return
address of the article,date,detach and retain the receipt,and mail the article. m
3. If you want a return receipt,write the certified mail number and your name and address on a
return receipt card,Farm 3811,and attach it to the front of the article by means of the gummed
ends K space permits.Otherwise,affix to back of article.Endorse front of article RETURN RECEIPT
REQUESTED adjacent to the number. $.
DO
4. If you want delivery restricted to the addressee,or to an authorized agent of the addressee, M
endorse RESTRICTED DELIVERY on the front of the article. E
`o
5. Enter fees for the services requested in the appropriate spaces on the front of this receipt. If LL
return receipt is requested,check the applicable blocks in item 1 of Form 3811. a
6. Save this receipt and present it if you make inquiry. n U.S.GPO:1991-302-916
CITY7DETERMINATION
EM
CONSERVATIONMMISSION
REQUEST FORMINATION _.OF.APILITYThe Salem Conservmmission will heara Request for a Detion of Applicabilityunder the Wetlands PAct,MassachusettsGeneral Laws, ChapSection 40, at therequest of Marblehead Sewer Commission.
The Proposed work located at 161 Swampscott
Road consists of the removal of an existing dwell-
ing,other structures and debris for off site disposal
within a Resource Area.The Request will be heard
on Thursday, October 13, 1994 at 7:00 p.m., One
Salem Green, second floor conference room.
Betsy Horne
Chair
October 6, 1994 SN55131
t
310 CMR 10.9 9 DEP Fde No.
(ro be provided by DFP)
Form 2
Clq/rase Sal em
AfflimaMarblehead w_+or x ewer
of�aalth
chusetts DseeRegmenHied 9/30/94
L Determination of applicability
Massachusetts Wetlands Protection Act, G.L. c. 131, 540
Salem Conservation Commission _ Issuing Authority
From
To Marblehead Water & Seiaer Ramp
(Name of Person making request) - (Name of property owner)
Address 11 Tower Way_. P.O. Box 1108 Address Same
This determination is issued and delivered as follows:
❑ by hand delivery to person making request on (date)
® by certified mail, return receipt requested on October 20, 1994 __(date)
Pursuant to the authority of`G.L. c.131, S40; the Commission
has considered your request for a Determination ofApplicability and its sup-
porting documentation, and has made the following determination (check whichever
is applicable) :
Location: Street Address 161 Swampscott Road
Lot Number:. Map 3, Lot 0003 v "
This Determination is positiVa. - -
1. ❑ The area described below, which includes all/part of the area described
in your request, is an Area subject to Protection under. the . Act.
Therefore, any removing, filing, dredging. or altering o3 ' that :area
requires the filing of a Notice of intent.
2. ❑ The work described below, which includes all/part of the work described
in your request, is within an Area subject to Protection under the Act and
will remove, fill, dredge or.. alter that area. Therefore, said work
requires the filing of a Notice of Intent.
2-1
Effective 11/10/89
3. ❑ The work described below, which includes all/part of the work' described
in your request, is within the Buffer zone as defined in the regulations,
and will alter an Area subject to Protection under the Act. Therefore,
said work requires the filing of a Notice of Intent.
This Detarmination is negatives
1. (3- The: area described in your request is not an Area subject to Protection
Under the Act.
2-. [3 The work described in your request is within an Area subject r 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°your requestiswithin 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. SEE ATTACBED. CONDITIONS
4. ❑ The area described,in your request is Sul:', .t .to Protection under the Act,
but since the work- described therein .rxvt.s the requirements- for the
following exemption, as specified in the Act and the regulations, no
Notice of Intent is .required:
Issued by Salem conservation commission
Signature(s)
This Determination must be signed by a majority of the conservation coamriaeion.
on this 13th day of October 19 94 , before me
personally appeared the above named to me known to be the
person described in, and who executed, the foregoing instrument, and,
acknowledged that he/she executed the-same-aa-his/her free act and deed.
July 15, 1999
Ly Public My commission Expires
This Determination don not relieve the applicant from complying with ail other applicable federal, state or
local statutes, ordinances, by-laws or regulations. This Determination shall be valid for three years from the
date of issuance.
The applicant, the owner, any person aggrieved by this Determination, any owner of lard abutting the lard upon
which the proposed work is to be done, or any ten residents of the city or town in which such lard is located,
are hereby notified of their right to request the Department of Environmental Protection to issue a Superseding
Determination of Applicability, providing the request is Ude by certified mail or hard delivery to the
Department, with the appropriate filing feeand Fee Transmittal Formas provided in 310 CMR 10.03(7) within ten
days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by
certified mail or hand delivery to the Conservation Commission and the applicant.
2-2A
r
3. ❑ The work described below, which includes all/part of the work described
in your request, is within the Buffer zone as defined in. the regulations,
sawaAthe filthe Act. Therefore,
idwork requires filing of a Notice of intent.
This Determination is negative:
1. ❑ The area described in your request is not an Area subject to Protection
Under the Act.
2. ❑ The work described in your, request is within an Area subject to Protection
ActTherefore, saiunder thed work does not require hebut will not remove, l�fili ng a Notice of Intent-
or
3. ❑ The work described in your request is within theczfer one, s defined
in the regulations, but will not alter an Area subject to
Protethe Act. Therefore, said work does not require the filing of a Notice of
Intent.
6. ❑ The area described in your request is subject to Protection Under the Act,
but since the work described therein meets the requirements for the
following exemption, as specified in the Act and the regulations, no
Notice of intent is required:
issued by the Department of Environmental Protection
Signature
day of 19 , before me
On this , to me known to be the
personally appeaed
person described in, and who executed, the foregoing instrument, and
r
acknowledged that he/she executed the same as his/her free act and deed.
Notary Public Ny Commission Expires
This Superseding Determination does not Jret ews or regulthe atiions t This superseding Complying ioetermination th sit other applicable
haill be valid for
state or local statutes, ordinances, by-
three years from the date of issuance.
The applicant, the owner, any person aggrieved by the Superseding Determination, arty owner of lard abutting the
Lard upon which the proposed work is to be done, or any ten persons pursuant to G.L. c. 30A, §IDA, aro hereby
notified of their right to request an adjudicatory hearing pursuant to G.L. c. 30A, JIG, providing the request
is aade by certified mail or hard delivery to the Department, with the appropriate filing fee and Fee
Transmittal Fore as provided in 310 CNR10.03(7) within ten days from the date of issuance of this Superseding
Determination,- end-is-addressed to: Docket Clerk, Office f General counsel. Department
Department of at the time-be-sent Environmental
Protection, One winter street, Boston, NA rvati. A espy and any other party.
certified mail or hand delivery to the coroervation commission, the applicant,
A Notice of Claim for an Adjudicatory Nearing shall empty with the Department's Rules for Adjudicatory
proceedings, 310 CHR 1.01(6), and shall contain the following information:
(a) the DEP wetlands File Number, name of the applicant, and address of the project;
(b) the complete names, address and telephone n- r of the party filing the request, and , if represented by
counsel, the new and address of the attorney;
(e) the name and addresses of all other parties, if known;
(d) a clear and concise statement of (1) the facts whichare.
grounds fore in which it (is oilseed to be
to this Superseding Determination, including specifically
inconsistent with the Department's Yetlands Regulations, (310 DNR 10.00) and (3) the relief sought through
the adjudicatory hearing, Including specifically the changes desired in the Superseding Determination;
(a) a statement that s copy of the request has been sent kto�e applicant, the conservation co mission and
each other party or representative of such party.
Failure to submit all necessary may result in a dismissal by the Department of the Notice of Claim for an
Adjudicatory Nearing.
2-28
%oN CpIt
z "z Conservation Commission
Salem. MaSSaChURettS 01970
W
V
ASSPFa 0
161 SWAMPSCOTT ROAD
SPECIAL CONDITIONS
1) . Haybales and siltation fence must be utilized during activity
of demolition.
%oN Cp��
Z
J
r Salem. Massachusetts 01970
W
ASS.SN�'y '� O
Cu
us
CITY OF SALEM
CONSERVATION COMMISSION
REQUEST FOR DETERMINATION OF APPLICABILITY
The Salem Conservation Commission will hear a Request for a
Determination of Applicability under the Wetlands Protection Act ,
Massachusetts General Laws , Chapter 131 , Section 40 , at the request
of Marblehead Water & Sewer Commission . The Proposed work located
at 161 Swampscott Road consists of the removal of an existing
dwelling, other structures and debris for off site disposal within
a Resource Area. The Request will be heard on Thursday, October
13 , 1994 at 7 : 00 p.m. , One Salem Green, second floor conference
room.
r
Betsyf Horne
Chair
October 6 , 1994
This notice pasted on "Official Bulletin Board"
at /n.Hall Avo., 5- M, Mass. on /y z
Board-
at a��,,,
23A & 23B of M.in
&C rc)anca j%gth Chap. 39 Sec.
SEP c9 '94 98:43AN SALEM CITY HALL P. 1
312 CXR 10-99 n13 Pae Na,
(To be pf by= ..
fora 1
Asomma
commonwealth
alebwetti '
<•
Request for a Detarmineftn of Applicability
Up an-drum is Wetlands Proiecdon Ant, C.L c. 131, §M
Marblehead
1. I, the undersignedr hereby rsqusst that the Water & ewe
conservation commies;on make a detW=Ln tion• as to wAstber
desCr3b4d..brloWj� or wOrk.to be partazmsd a.said.asear. also descr
is subtect to the jurisdiction of the Wetlands Protection Act, G6".
1.
S40. :<
2. The area is described an follows. (use maps or plans, if necessasl; to'
provide a description and the location of the area subject to this rsgasst.;:
Location: street Address 161 Swampscott Road
Lot Number: 0003 Map #11
3. The work in said . area is described below. (Use additional paper. 1l_{
necessary, to describe the proposed wor%. 1
Removal of existing dwelling, other structures and debris for
off site disposal.
1-1
Effective 11/10/89
SEP 29 '94 68:44AM SALEM CITY HALL P,z
4. The OVIIer(s) of the area, if not the person making this request, has d ";
given written notificatioa cf this request on
The name(s) and addresses) of .the owner(s) :
rr.
5. s have filed a complete cope of this regneat with the appropriate
office of ehe•.maseaehusettr Depar.�ant of EIIvizc=sntal Protection
9/30/94 (date)
1 Office DEP
ertheast Ra ions southeast Regional Office
,
DLP N g
SO Commerce way Lakeville Hospital
Woburn, MA 01601 Route 105
Lakeville, MA 02347
DEP Central Regional Office DEP western Regional Office
75 Gz'2!•a ,treet State twise west, 4th Floor
hozae4tes , tin 6160: 436 Lwight ?trees
springfiold, HA 01103
6. LA
i understand that notification of this request will be placed 1II
newspaper at my expense in accordance with section 10.5(3) (b) 1 0�
regulations by the Conservation Commission and that I will be billbo
accordingly.
aignat-ra i ai�/ Name Dana E. Snow, Cnnpr; ntAwld-- A
7►ddresa Marblehead Water & Sewer Comm. Tel. ( 617 ) 631-010
11 Tower Way, P. 0. Box 1108
Marblehead, MA 01945
R
1-2