Loading...
23 PARKE STREET - CONSERVATION COMMISSION a3 p�(.��a- � �� .- - CITY OF SALEM CONSERVATION COMMISSION May 15, 2015 Kenneth& Patricia Comeau 23 Parlee Street Salem, MA 01970 Re: Determination of Applicability-23 Parlee Street Dear Mr. and Mrs. Comeau: Enclosed, please find the Determination of Applicability for the above-referenced property. Work may commence following the 10-business-day appeal period. 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. Sincerely, T De me Conservation Agent Enclosure CC: DEP Northeast Regional Office L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 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 Kenneth & Patricia Comeau return key. Name Name Mailing Street Ma t t°� Mailing Address Mailing Address Salem MA 01970 Citylrown State Zip Code Citylrown State Zip Code 1. Title and Date (or Revised Date if applicable) of Final Plans and Other Documents: Untitled sketch submitted with Request for Determination Undated Title Date Title Date Title Date 2. Date Request Filed: 5/24/2015 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): Approximately 4' by 65' asphalt path Project Location: 23 Parlee Street Salem Street Address Cityrrown 14 51 Assessors Map/Plat Number Parcel/Lot Number wpafonn2.doc•Determination of Applicability•rev.12/14 Page 1 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 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 Kenneth & Patricia Comeau return key. Name Name 23 Parlee Street 1e1 Mailing Address Mailing Address Salem Mat 01970 City/Town State Zip Code City/Town State Zip Code a� 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: Title Date Title Date Title Date 2. Date Request Filed: 5/24/2015 B. Determination to urination 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): Approximately 4' by 65' asphalt path Project Location: 23 Parlee Street Salem Street Address City/Town 14 51 Assessors Map/Plat Number Parcel/Lot Number wpaform2.doc•betennination of Applicability•rev.12H4 Page 1 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.) 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 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 wpaform2.doc•Determination of Applicability•rev.12114 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). ❑ 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.Coc•Determination of Applicability•rev.12114 Page 3 of 5 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands 1 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) 5 6. The area and/or work described in the Request is not subject to review and approval by: s' Name of Municipality Pursuant tro Smunicipa1l wetlands ordinanc or bylaw. ` Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: ❑ by hand delivery on el-by certified mail, return receipt requested on 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 http://www.mass.gov/eea/agencies/massdep/about/contacts/) and the property owner(if different from the applicant). Signatures: C/ v 2b��- Date wpaform2.doc•Determination of Applicability•rev.12114 Page 4 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 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/about/contacts/) 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. wpaform2 doc•Determination of Applicability•rev.12/14 Page 5 of 5 L1Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: 1 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.City/Town,Zip c.Check number d. Fee amount Important: When filling 2 Person or party making request(If appropriate, name the citizen group's representative): out forms on the computer, Name use only the tab key to Mailing Address move your cursor- do Cityrrown State Zip Code not use the return key. Phone Number Fax Number(if applicable) 3. Applicant(as shown on Determination of Applicability (Form 2), Order of Resource Area Delineation (Form 4B), 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 wpaform2.doc•Request for Departmental Adion Fee Transmittal Form•rev.1214 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 htto://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.doc•Request for Departmental Action Fee Transmittal Form•rev.12n4 Page 2 of 2 RDA Status Sheet Address: �� (/� S d Date Submitted: %���� Contact Name: ( a Proposed activity:P Phone: q-7p 336- EZ�A,pplication Complete Correct Fee Received egal Ad Sent &j-Legal Ad Confirmed �QDnline b Added to Agenda n.Agenda to Applicant U,Agent Comments to Commission Hearing Opened: j y Continued: / Site Visit: I^rmit Sent to Applicant and DEP confirmation of Delivery -c% Added to database Notes: HACON COMM\Administrative\project status sheet\RDA status sheet 2013-10-30.doc 23 �� cw aux RLQTTE A. BEATON ; I , CERT. 67066 .: I�� PARCEL ID NICHOLAS t CER1 29 k' PAF ?g 14. ABUTTER'S SHE m N JF RONALD J. DROUIN, JR. APPROXIMATE LOCATION OF SUBSURFACE INFILTRATOR ZV I3 " CERT. 76960 SYSTEM`FOR ROOF RUNOFF `t c PARCEL ID \ _ 14,0050 0 DECK HEAT PUMP 10.7' gt1FFF� Nod . ..— ---- - - EJECTOR 2 STORY ORY VINYLTS DED VINYL SIDED � r i VM—, N #21 / 2 STORY X23 oB ww E ' VINYL SIDED #25 A BIT. Corvc. ler DRIVEWAY UTILITY ORO ad", um�, ENCLOSURE %lass 0.00 . GRANITE CURB 'is O s! EOP ® GRANITE ARLEE STREET �k r�e V w � crnouwAtro ... RECEIVED APR 2 4 2035 DEPT.OF PLANNWG dr COMMUNITY DEVELOPMENT ssacets DepartmentEnvironmental Protection ureau of of Resource Protection-Wetlands cilyRewn PA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L.c.131,§40 A. General Information Important When filling out forms on the computer, use only the tab key to move your cursor-do not usetheretum 1. Applicant: key. Name Kenneth&Patricia Comeau E-Mail Address kacpac®comcast.net Mailing Address 23 Parise St. cityrrown Salem slate MA Zip Code 01970 Phone Number 978335-5574 Fax Number(H applicable) 2. Representative(f any): Finn Contacd Name E-Mail Address Mailing Address cityrrown State Zip Code Phone Number Fax Number(if applicable) B. Determinations 1. 1 request make the following determination(s).Check any the 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. X 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. i Name of Munidpali y e.whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). C. Project Description t. a. Project Location(use maps and plans to identify the location of the area subject to this request): Street Addmss cityrrow Assessors Map/PIW Number Pa.not Number b. Area Description(use additional paper, if necessary): Buffer zone to wetlands c. Plan and/or Map Reference(s): i T e Data Ttle Date TNe Date 2. a. Work Description(use additional paper and/or provide plan(s)of work, if necessary): 1. Blacktop path 4'W X 651 up the right side of the house (23 Parlee)to accomodate my 13yr. old granddaughter who became paralyzed 8 mo. ago from an unknown virus. She is now wheelchair bound. The path will be approximately 2ft. away from the house. 2. Repair end of existing driveway due to frostheaves. Section being repaired is 3' X 16' See pics. C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Act or regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). i NA 3. a. If this application is a Request for Determination of Scope of A@ematives 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 8/7196 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. NA 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.) 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. Name Kenneth&Patricia Comeau Mailing AC&m 23 Parlee St. cityff w Salem sage MA ZpDode 01970 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_ Dee SiBneNre of Applieent Date Signature of Representative(if arty) .pemmrees.�ma �wl-Jo `s� Y t� t� n _ � , F , J. f \ .] i 4 ~7 ' �, ,. Y r O 1 q . F k �31y �c, r.a_ l,ry ti• .y'�`J 1f A c� c w a �t+j rets 1T W, 1�rl- p . . y � , a.. r c i �t Y 4„ s 1 �... ,AFM: •s •yn • •+"Y� +yfv. c c PV,� i :Fy , . , City of Salem Department of Planning & Community Development CHECK RECEIPT AND TRACK(IING FORM DATE BOARD 1;01 CLIENT n PROPERTYADDRESS d -Q . CONTACT NUMBER ( ) PURPOSE FOR APPLICATION: **FEE'S** CHECK NUMBER CHECK FEE CHECK NUMBER CHECK FEE CHECK NUMBER CHECK FEE LEGAL AD CHECK NUMBER Q FEE STAFF NAME -P o,cor`neau K.Comeau 23-'Parlee St. Salem,MA 01970 6706 ---1__ZO•t 53-179/113 PAY TOTHE_ ''�- / / - 'CHECK.m Fc nARMOR - ' ORL1p2 pF Ad- _ og / a - /1: LOQ( 56rrv' c/ a+r Eaatem Bank DOU-ARS 8 Boston,.MA02110 - eAstembank:com-. - 1-80p EASTERN•- - - FOR-4V.dT/C.a- - 1:0-1130 17981: " _ O5 70i►. 5847n■_ 6 706 PCorneau K.Corneau 23 Parsee St: 6705 Salem,MA 01970" 7 53-179M3 'PAY T071ie 0(`, \ / .•I - - f]f'> e - I �D' r2 U P _.� re,an YDOLLARS Eastem.Bank 3.O=on,MA02110 w eaatembankoom— 1800-EASTERN , - FiTFi ./�lc677rf' i 1:0 iy1 30 L 798 : 0 5 7b 14 Sa 1, w' 6 .o s F r.AWXAf1IX - - MEMO