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21 HEMENWAY - CONSERVATION COMMISSION wR� 2dV-4- — "N oroopI I Vw Il �nv�la1( — 2.01 — r l• RDA Status Sheet Address: 21 R.(NVI{jUVVN Date Submitted: 5/Z4II Contact Name: I Proposed activity: W cID-�{L Va-"(C-IA + Phone: e)(� .\d O.T Application Complete oCorrect Fee Received Aegal Ad Sent Legal Ad Confirmed Online e� dded to Agenda "genda to Applicant (Agent Comments to Commission Hearing Opened: Ipl 0 I ['�' Continued: h f G� Site Visit: �rmit Sent to Applicant and DEP � Confirmation of Delivery V4�'Added to database Notes: HACON COMM\Administmtive\project status sheet\RDA status sheet 7013-10.'O.doc USPS TRACIUNG# First-Class Mail Postage&Fees Paid _ IiII USPS I II I II III !�4f �Ju ��fl{�6 II II I I Permit No.G-10 9590 9402 { i' 6104 11210 52 United States •Sender:Please print your name,address,and ZIPW in this box- Postal Service - - Salem Conservation Commission 120 Washington Street, 3rd Fl Salem, MA 01970 121 HeMe'V\VVL4 � :��:%:���3 i 1 ) 11 i l I I III I I it fl I I i SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY "■ Complete items 1,2,and 3. A. St nate V nt— I ■ Print your name and address on the reverse X /' Gm A so that we can return the card to you. ddressee z Attach this card to the back of the mailpiece, Lnec ed b (Printed Name) C. Date of eliw'e1ry or on the front if space permits. 1�1G^"`�-� 1. Article Addressed to*.""- D. Is delivery address different from Rem 11 ❑Yes HM-�-ev D-G G1hD7 ht5 If YES,enter delivery address below: ❑No +YN D Po-&to c� 52a- -►flal"6L tide. I'*Vu �k-04 W)r D IR-A-5 IIIIIII' Jill I1I1hI I III IIII IIIIIIIIIIIIIII Ll tSatePriority PO Adult Signature Restricted Delivery I7 Rz red MaiRestricted 959094021861 6104121052 Certified Mai® Dry Cedfed Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery O Signature Confirmation'ry 2..Article Number(Transfer from service label) ❑insured Mail ❑signature Confirmation 7012 3050 0001 2959 of 0 oveInsured Mail Restricted Delivery Restric ed Delivery r$500 PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt � j CITY OF SALEM CONSERVATION COMMISSION June 13, 2017 Heather Deschenes HND Architects 52a Atlantic Avenue Marblehead, MA 01945 Re: Determination of Applicability-21 Hemenway Road Dear Ms. Deschenes: Please find the enclosed Determination of Applicability for the above-referenced project. This document is effective for three years from its date of issuance. If you have any further questions please feel free to contact me at 978-619-5685. Sinc ely, ZAshley Green Or� Conservation Agent Enclosure cc: DEP Northeast Regional Office Ana Monaban 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 Ana Monahan return key. Name Name 21 Hemenway Road Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Title and Date(or Revised Date if applicable)of Final Plans and Other Documents: Proposed Site Plan, Monahan Residence, 21 Hemenway Road 05/22/2017 Title Date Title Date Title Date 2. Date Request Filed: 5/24/2017 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): Enclosure of an existing porch and expansion of a deck as described in 5/24/2017 Request for Determination of Applicability. Project Location: 21 Hemenway Road Salem Street Address City/rown 32 346 Assessors Map/Plat Number Parcel/Lot Number wparorm2Aoc•Determination or Applicability•rev.17/14 Page 1 or 5 Massachusetts Department of Environmental Protection t 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)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). ❑ 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 or ANRAD Simplified Review(if work is limited to the Buffer Zone). ❑ 5. The area and/or work described on referenced plan(s)and documents) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation "aformZdw•Determination d Applicability•rev.12114 Page 2 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands J 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. wpaform2.d=•Determination of Applicability•rev.12/14 Page 3 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.) ❑ 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 specked in the Act and the regulations, no Notice of Intent is required: �Exempt Activity(site applicable statuatory/regulatory provisions) CSI 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. Wetly s `N-Ttev 'VN 0-4nd C9vl�'d GC"M 50 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 � I •3113- 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 c y ust be sent to the appropriate DEP Regional Office(see http://www.mass.gov/eea/aaencies/Pr s e /abo t/contacts/) and the property owner(if different from the applicant). Signature /'J fpg Date wpaform2.doc•Determination MApplicaNlity•rev.12/14 Page 4 of 5 Massachusetts Department of Environmental Protection ILIBureau 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.gov/eea/agencies/massdep/abouVeontacts/)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. ,vpaform2.doc•Deteoninetion of Applicability•rev.12/14 Page 5 of 5 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information 1. Location of Project a.Street Address b.Cityfrown,Zip c.Check number d.Fee amount Important: When filling 2 Person or artYmakin request(If appropriate, name the citizengroup's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor-do City/Town State Zip Code not use the return key. Phone Number Fax Number(if applicable) t� 3. Applicant(as shown on Determination of Applicability(Form 2), Order of Resource Area Delineation (Form 46), Order of Conditions(Form 5), Restoration Order of Conditions (Form 5A), or Notice of Non-Significance(Form 6)): Name Mailing Address Cityrrown State Zip Code Phone Number Fax Number(if applicable) 4. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions—Fee: $120.00(single family house projects)or$245(all other projects) ❑ Superseding Determination of Applicability—Fee: $120 ❑ Superseding Order of Resource Area Delineation—Fee: $120 Send this form and check or money order, payable to the Commonwealth of Massachusetts,to: Department of Environmental Protection Box 4062 Boston, MA 02211 v,paform2.doc•Request for Departmental Action Fee Transmittal Fonn•rev.12/14 Page 1 of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands DEP File Number: Request for Departmental Action Fee Transmittal Form Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Instructions (cont.) 2. On a separate sheet attached to this form, state clearly and concisely the objections to the Determination or Order which is being appealed. To the extent that the Determination or Order is based on a municipal bylaw, and not on the Massachusetts Wetlands Protection Act or regulations, the Department has no appellate jurisdiction. 3. Send a copy of this form and a copy of the check or money order with the Request for a Superseding Determination or Order by certified mail or hand delivery to the appropriate DEP Regional Office(see http://www.mass.gov/eea/agencies/massdep/about/contacts/). 4. 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. wpaform2.dm•Request for Departmental Action Fee Transmittal Fon•rev.12114 Page 2 of 2 s 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 A. General Information Important: When filling out 1. Applicant: forms on the Ana Monahan ahmonahan@gmail.com computer, use Name E-Mail Address only the tab key to move your 21 Hemenway Road cursor-do not Mailing Address use the return Salem MA 01970 key. City/Town State Zip Code 617-447-0186 � Phone Number Fax Number(if applicable) 2. Representative (if any): HND Architects Firm Heather Deschenes heather@hndarchitects.com Contact Name E-Mail Address 52a Atlantic Ave Mailing Address Marblehead MA 01945 City/Town State Zip Code 781-631-7299 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). naforml.doo Pagel of 4 Massachusetts Department of Environmental Protection 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 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 21 Hemenway road Salem, MA Street Address Cityriown 32 0346 Assessors Map/Plat Number Parcel/Lot Number b. Area Description (use additional paper, if necessary): The proposed project is at the rear of the house and adjacent to the harbor. The project is in an area of maintained lawn and is a buffer to the salt marsh and coastal bank. The portion of the rear of the property in land is subject to coastal storm flowage c. Plan and/or Map Reference(s): Monahan Residence - Renovations May 22 2017 Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): The proposed project is to enclose and existing open porch and build a small deck extension. The deck extension is 4'x13' and connects an existing deck to another existing porch. The proposed deck extension calls for 2 sonatube footings. In renovating and enclosing the open porch, if unsuitable, the existing footing (sonatube) may need to be replaced. wpaforml.doc Page 2 of 4 Massachusetts Department of Environmental Protection 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 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). n/a 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Rivertront 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 Rivertront 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.) n/a w Pafarmi.doc Page 3 of 4 Massachusetts Department of Environmental Protection 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 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: Sean &Ana Monahan Name 21 Hemenway 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 accordance with Section 10.05(3)(b)(1) of the Wetlands Protection Act regulations. Signature of Applicant Date ignature of Representative(if any) Date w Paformt.doc Page 4 of 4 R., Ar "h i TRANSMITTAL Date: May 24, 2017 To: Ashley Green Salem Conservation Commision From: Michael Barker HND Architects Re: Monahan Residence 21 Hemenway Rd Salem, MA Enclosed: (1 ) Original Request for Determination of Applicability (7) Copies of request for determination of applicability (1 ) $25.00 Local Filing Fee (1) $260.00 Legal Advertisement Fee & The Salem News Request for Legal Notice Form 52A Atlantic Avenue, Marblehead, MA 01945 781-631-7299 fax 781-990-0109 THESE DRAWINGS ARE DIAGRAMATIC AND ARE NOT U) TO BE SCALED FOR MEASUREMENTS. ALL DIMENSIONS 17 HEMENWAY RD. GRASS YARD ARE TO BE VERIFIED IN THE FIELD PRIOR TO CONSTRUCTION AND THE ORDERING OF MATERIALS. W THE CONTRACTOR IS RESPONSIBLE TO COMPLY WITH I F— CODE REGULATIONS AND TO NOTIFY THE ARCHITECT 2 OF ANY DISCREPANCIES AND/OR FIELD CONDITIONS. U THE ARCHITECT WILL NOT BE HELD RESPONSIBLE FOR w CONSTRUCTION MEANS OR METHODS USED BY THE Q CONTRACTOR. Z 2 0 N O GARAGE 0 GRASS YARD 0 � 0 SALT MARSH Q O GRASS 0 QZ 0 0 Q Z LU LLJ LARGE GRANITE BLOCK SALEM 000RETAINING WALL AT BEACH HARBOR 000 ' PORCH ABOVE TO BE ENCLOSED I GRASS MULCH 21 HEMENWAY RD. a 01 I I DECK I I ABOVE I I ===R=====----------- PROPOSED WORK s GRADE: ' PORCH ABOVE PROPOSED 10' SONATUBE - TO 4' BELOW GRADE PORCH 1 o LOOSE VERIFY ( REPLACE AB VE 1 I �j 0 BOULDERS SONATUBE IF NECESSARY II II ' PROPOSED01 O°° �� ii i „� DECK I 1 II II 1 gTEEP 00 PROPOSED SITE PLAN 17 FAIRVIEW RD. LEXISTING CONCRETE LEXISTING RUBBLE WALL WITH FENCE MORTAR WALL SCALE: 1/8° = I'-0" GRASS YARD APPROX. NORTH "Now" SCALE: AS NOTED I 0 N A H A I Y RESIDENCE COO �J1 SE RVA° ���N1 DATE: MAY 22, 2011 PROPI I IOSED SITE PLAN Ar hit cts 21 HEMENWAY ROAD, SALEM, MA 01910 REVISIONS: 52A Atlantic Ave,Marblehead,MA COMMON � I 781-631-7299 RENOVATIONS 1 �OPID7T 3 CITY OF SALEM CONSERVATION COMMISSION Salem Conservation Commission 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability for Ana Monahan,21 Hemenway Rd, Salem MA. Purpose of hearing is to discuss proposed enclosure of an existing porch and expansion of a deck at 21 Hemenwa Rd within an area subject to protection under the P P Y J Wetlands Protection Act MGL c131§40 and Salem Wetlands Protection&Conservation Ordinance. Hearing will be 6/8/17 at 6:30pm in City Hall Annex, 3`d floor conference room, 120 Washington St. Salem News publication date: June 1, 2017 � } + ' �� d � 'f` � kyr ✓ w � ' f r Aw AZ.v 1 r a vF e F^z �I v c � .m THE SALEm NEws REQUEST FOR LEGAL NOTICE I understand that by signing this form, I am agreeing to the cost of the legal notice to be published in the newspaper. Payment is required at the time of the legal notice being received by the city and before it is published in the newspaper. Please make checks payable to THE SALEM NEWS: The Salem News Attn: Legal Notice 32 Dunham Road Beverly, MA 01915 Prepaid cost required to run: $260 'Important: Average legal notice costs are estimated; customer will either be refunded or billed after the legal notice is published. Check# 17 F27 (attach check) If payment is not received,the legal notice will be cancelled. 519218/2211 1787 .,.A HND ARCHITECTS INC 1 S EIGHTS 01' 9 20� E1'HE ORDEROF _W/V! /�(ti/Y� $ 3 --_ DOLLARS a PEOPLE'S UNITED BANK PEO•PPLES.COM FOR ca: 2 2 1 1 7 2 186t: 6S 00 24 30 300 L787