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RIGHT WAY - CONSERVATION COMMISSION (2) wo , ��1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Forth 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 computer, use Salem_ only the tab Conservation Commission - -----------.-- key to move To: Applicant --------- - - Your cursor- Property Owner(if different from applicant): do not use the TEC Associates return key. -Na—me - ----- Massachusetts Bay Trans P ortation Authorit Name - ----- - -y-- Sawyer Street Maa — _ 10 Park Plaza, Suite 3910 iling Address —�------ _ _ South Portland Mailing address-- -------------- ME 04106 Boston MA City/Town State Zip Code City/Town 02116 nvn State Zip Code 1. Title and Date (or Revised Date if applicable)of Final Plans and Other Documents: MBCR, Town of: Salem_Branch: Newburyport Line-- — _ 6/12/2011 Date Title --------------- ----------- Date ---- Title ------ ------------ -- 2. Date Date Request Filed: 5/19/2011 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): Delineation of wetland resource areas along Massachusetts Bay Commuter Railroad(MBCR) right of way to allow vegetation management activities in accordance with Massachusetts Rights of Way Management Regulations (333 CMR 11.00). Location: MBCR rights of way, from the Swampscott line (Thompson's Meadow) to Ocean Ave., and parallel to the North River from Flint St. to the Beverly line. roject Location: -------------- See above --- - --- ---- --- Sheet-Address--- ----------------- -------------------- City/Town _ _ ----------------- Assessors Map/Plat Number - — -----"-- --- _ _/L_ -- Parcelot Number----- ------" --------- -- "aformZdoc•Determination of Applicability•rev./0/6f Page 1 of 5 LAIMassachusetts 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 plants)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 plants) 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.1016/04 Page 2 of 5 IMassachusetts 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. wpafannZooc Determinaiion of App6cebility•rev.10/6104 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.) IS 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 In}Vnt is required: / p Exempt Activity(site applicab e'statua o /re ula o ` ry g ry 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 FL<J 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 Comm ission/A,copy must be sent to the appropriate DEP Regional Office (see htto//www mass gov;/de,,ITabou , our.htm)and the property owner(if different from the applicant). Si na ures: Date wpalcrm2.00c•Determination of Applicability•rev, IOI6/04 Page 4 0l5 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/dep/about/region.findyour.htm)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7) within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. wpaform2.doc•Determination of Applicabilily•rev.10/6104 Page 5.15 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Request Information Important: When filling out 1 Person or party making request (if appropriate, name the citizen group's representative): forms on the computer, use Name only the tab key to move your cursor- Mailing Address do not use the return key. City/Town - — --- State Zip Code r✓ Phone Number Fax Number(if applicable) ' Project Location r Mailing Address city/I own State Zip Code 2. Applicant (as shown on Notice of Intent (Form 3), Abbreviated Notice of Resource Area Delineation (Form 4A); or Request for Determination of Applicability (Form 1)): Name - Mailing Address City/Town State Zip Code Phone Number Fax Number(if applicable) 3. DEP File Number: B. Instructions 1. When the Departmental action request is for(check one): ❑ Superseding Order of Conditions ($100 for individual single family homes with associated structures; $200 for all other projects) ❑ Superseding Determination of Applicability($100) ❑ Superseding Order of Resource Area Delineation ($100) Send this form and check or money order for the appropriate amount, payable to the Commonwealth of Massachusetts to: Department of Environmental Protection Box 4062 Boston, MA 02211 wpaform2.doo•Request for Departmental Action Fee Transmittal Form•rev.10/6104 Page i of 2 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Request for Departmental Action Fee Transmittal Form 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/dep/abotit/region/findyour.htm), 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. apafonn2.doc•Reguesl for Depanmeolal Action Fee Transmillal Form•rev.1016/04 Page 2 of 2 I � I I UNITED STATES POSTAL SERVICE_ First-Class Mail Postage&Fees Paid USPS I Permit No.G-10 I • Sender: Please print your name, address, and ZIP+4 in this box Salem Conservation Commission 120 Washington Street,3rd fl Salem,MA 01970 I I JUN 7 2011 �� DEPT. n - _INNING x V1(3t Q I irSi7t COMP'f"'ir " AT I I COMPLETES SECTION 1: COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signatur, Item 4 if Restricted Delivery is desired. X 0 Agent ■ Print your name and address on the reversedressee so that we can return the card t0 you. B. Receiv by(Printed Name) C. Da of elivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. b �' D. Is dnve = item 19 ❑Yes 1. Article Addressed to: IYelow: 0 No 3. Se 131 rtl II 4 0-1 1P I 001F rens Mail 0 Registere Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7010 0780 0002 4126 7526 (!ranter from service taboo - PS Form 3811, February 2004 Domestic Return Receipt 102595a-10-15ao Project Status Sheet Address: M(3CVY pre\ �,- mo-. l DEP #: Application Type: oj�A �YI�1aY Contact Name: _ Phone: Date Submitted: C Application Complete d Correct Fee Received nAhutters List Reuested 11 Received Legal Notice Sent Legal Notice Confirmed Added to Agenda N�Agenda to Applicant ❑ Agent Comments to Commission ❑ DEP Comments Hearing Opened: Continued: -- Site Visit: — ❑ Abutters Notice Confirmed ❑ Order of Conditions Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Applicant Recorded OoC with Registry Preconstruction Meeting: ❑ Certificate of Compliance Sent to Applicant and DEP ❑ Confirmation of Delivery ❑ Applicant Recorded CoC with Registry Notes: ��� ,G��-rte c��f �, TEC Associates LM712n QF 54G3&MG T7 1d Consulting Engineers 46 Sawyer Street DATE: 5.20.11 JOB# 10132-3 South Portland, Maine 04106 FROM: Kyle Fair RE:MBCR RDA Filing PHONE (207) 767-6068 FAX(207)767-7125 E-MAIL kyle@tecassoc.com TO: Tom Devine Salem Conservation Commission 120 Washington Street Salem,MA 01970 WE ARE SENDING YOU []Attached ❑under separate cover via the following items: []Shop Drawing ❑Prints ❑Plans ❑Samples ❑Specifications ❑Copy of Letter ❑Change Order ❑ COPIES DATE DESCRIPTION 5 5.16.11 MBCR RDA Filing w/Maps 1 5.20.11 Check#1072 RDA Filing Fee THESE ARE TRANSMITTED AS CHECKED BELOW: ❑For Approval ❑Approved as Submitted ❑Resubmit copies for approval ❑For your use ❑Approved as Noted ❑Submit copies for distribution ❑Q As Requested ❑Returned for Corrections ❑Return corrected prints []For Review&Comment ❑ ❑FOR BIDS DUE ❑PRINTS RETURNED AFTER LOAN TO US REMARKS: z! COPYTO: File / ~ SIGNED: IF ENCLOSURES ARE NOT AS NOTED,KIND Y N TIFY US AT ONCE. TECASSOCIATES ENOGNEER9 16 May 2011 RECEIVED Salem Conservation Commission MAY 19 2011 120 Washington Street DEPT. OF PLANNNG& Salem, MA 01970 COMMUNITY DE`JELC)PMENlT Re: Request for Determination along Massachusetts Bay Commuter Railroad (MBCR) Right-of-Way Dear Commission Members: In 2005, your commission approved a delineation of wetlands along MBCR's right-of-way. The determination that was issued has allowed MBCR to conduct vegetation management activities in accordance with the Commonwealth of Massachusetts Rights-of-Way Management Regulations (333 CMR 11.00) and MBCR's Vegetation Management Plan (VMP). Each year since the determination was issued you have been supplied with MBCR's Yearly Operational Plan (YOP) and updates of the delineation as necessary. MBCR's VMP expired on 31 December 2010 and is now in the process of renewal. In accordance with the Wetlands Protection Act, determinations of applicability issued for work conforming to 333 CMR 11.00 are in effect for the life of the VMP and must be renewed with the new VMP. Accordingly, I have enclosed a RDA to renew the wetland delineation along MBCR's right-of-way in Salem. The enclosed maps represent the location of the permanent marking setbacks prescribed by 333 CMR 11.00. There are no proposed changes to the wetlands delineation. The maps have been updated to USGS maps, as required by the regulations. Maps have also been revised to reflect the latest revisions to the water supply zones in Salem as identified on maps supplied by the Commonwealth of Massachusetts' Office of Geographic Information. Please consider a negative number 5 determination citing 310 CMR 10.03 (6)(b) and 310 CMR 10.58 (6)(a) as the exemptions. If you have any questions, please do not hesitate to call. Very truly yours, TEC A SOCIAT le F r Enclo cc: Mary Ann Reilly, MBCR Regional Office, DEP 46 Sawyer Street South Portland, Maine 04106 207/767-6068 FAX 207/767-7125 Massachusetts Department of Environmental Protection Ll Bureau of Resource Protection - Wetlands Salem Citylrown 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 TEC Associates kyle@tecassoc.com computer, use Name E-Mail Address only the tab key to move your 46 Sawyer Street Cursor-do not Mailing Address use the return South Portland ME 04106 key. Clty/rown State Zip Code 207-767-6068 ex.203 207-767-7125 an Phone Number Fax Number(if applicable) 2. Representative(if any): TEC Associates Firm Kyle Fair kyle@tecassoc.com Contact Name E-Mail Address 46 Sawyer Street Mailing Address South Portland ME 04106 Cityrrown State Zip Code 207-767-6068 ex.203 207-767-7125 Phone Number Fax Number(if applicable) B. Determinations 1. I request the Salem make the following determination(s). Check any that apply: Conservation Commission ❑ a. whether the area depicted on plan(s)and/or map(s)referenced below is an area subject to jurisdiction of the Wetlands Protection Act. ® b. whether the boundaries of resource area(s)depicted on plan(s)and/or map(s)referenced below are accurately delineated. ❑ c. whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act. ❑ d. whether the area and/or work depicted on plan(s)referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). wpafam 1.d= Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Salem 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): N/A Salem Street Address City/Town N/A N/A Assessors Map/Plat Number Parcel/Lot Number b. Area Description(use additional paper, if necessary): Massachusetts Bay Commuter Railroad Right-of-Way c. Plan and/or Map Reference(s): USGS Maps 12 May 2011 Title Date Title Date Title Date 2. a. Work Description (use additional paper and/or provide plan(s)of work, if necessary): No work is proposed within wetland resource areas. Vegetation control will conform to the guidelines set forth in the Massacusetts Rights-of-Way Management Regulations(333 CMR 11.00)and the preface to the Wetlands Protection Regulations(333 CMR 10.00)relative to rights-of-way management. wpafonnl.tloc Page 2 of 4 r Massachusetts Department of Environmental Protection LF Bureau of Resource Protection - Wetlands Salem cnyrrown WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). 310 CMR 10.03(6)(b)Presumption Concerning Application of Herbicides. 310 CMR 10.05(3)(a)(2) Requests for Determination of Applicability. 310 CMR 10.58(6)(a)Exempted from Requirments for the Riverfront Area. 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.) wpafoml.dm Page 3 of 4 L,. Massachusetts Department of Environmental Protection 7L�I Bureau of Resource Protection - Wetlands Salem WPA Form 1- Request for Determination of Applicability city/sown 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: Massachusetts Bay Commuter Railroad Name 32 Cobble Hilt Road Mailing Address Somerville City/rows MA 02143 State Zip Code Signatures: I also understa that notifica ' n of this Request will be placed in a local newspaper at my expense in accords n a 'th ec' n OS(3)(b)(1)of the Wetlands Protection Act regulations. 16 May 2011 Signa re p M Date Signature of epresentative(d any) Date wpaf=t.d. Page 4 of 4 Mal 17 No A IF all Sol pg'k►Ywwwrm" .. `WI ELI i \.4��`, r_j1 ��, t` •� .. ••(� lye � � ��, - IMA lo 121 rr+`:� �tfi� �'to �. ... ��� •�' ,+`\ '�'• � y ♦ �G. � 1 , City of Salem, MA 6/9/2011 Interactive Map a ✓ w:, 's' '' ell �p All _," '✓ rM �, � ' r �� n.',• �� t • �M'.! \ s �'..+ �.�' _. °' {\ Air \\ ,. 3 „yr f .,t.,` .! >Y T s -,tea, ., '('�t r .•. • s DO ot ,.a..t., �' # �� a d 4P 4 � �1�y ;hR•� ,rrh ta��ir rp � P9'.� 4a jiq axtJI- f fff 4 feet �r l MARBLEHE/1D SWAMPSCOTT Property IMortnation �^ Property ID Location MAP FOR REFERENCE ONLY NOT A LEGAL DOCUMENT Because of dfeerent update s edules,current property assessments may not reflect recent changes to property Wrentattee.Chach wilh the Board of Assessors to confirm CeurMarias used at ting of assessment i- fiBF&LY 'TUCK .-. POINT .Q f, t, r �{"�' r.'�m ^ k1 c ,, t. N o t .`.,. l+ `�y`r t 00. I; q� .,.e• " �``� � v t��' r �O� 13�� I , N�'��' O aZ In moo rLONG POINT W ; PALMER = .,'POINT © 0 O 9 t s1 �" ef'" PICxER1NG v, Q gg C)� Y�p" i* � � •"...� F .'.,?1f ��) 1 m-• ,R'`.^'C {" � ti.�. P r0i5 � � p W J LyJrt 41 Wood E RA [ r Gri S t.. s+'*.. ^r�TfHLiN'.1'{{1') �ti� "�-.' ,. �� '_ "` �'� • I"�.ar � �-� O W -C[ �,��,OM1I7lT,9g4 . CITY OF SALEM CONSERVATION COMMISSION NOTICE OF MEETING You are hereby notified that the Salem Conservation Commission will hold its regularly scheduled meeting on Thursday, June 9, 2011 at 6:00 PM at City Hall Annex, third floor conference room, 120 Washington Street, Salem, MA. Julia Knisel Chair MEETING AGENDA . i. Meeting Minutes—May 12, 2011 and May 26,2011 2. Continuation of Public Hearing—Abbreviated Notice of Resource Area Delineation—MRM ject ent LLC, ose of this hearing is to iscuss � 5� he proposed delineation on of resoOurcceoareas8and exemptions ns from riverfront area regulations dfor the property located at 60&64 Grove St. and 3 Harmony Grove Rd.(former Salem Oil and Grease). 3. Continuation of Public Hearing—Notice of Intent—DEP #64-509—Barbara Bowman, 8 Dearborn Lane, Salem, MA. The purpose of this hearing is to discuss the proposed removal of a concrete seawall and replacement with riprap within a portion of coastal beach,coastal bank,and land subject to coastal storm flowage at 8 Dearborn Lane. 4. Public Hearing—Request for Determination of Applicability—Massachusetts Bay Commuter Railroad (MBCR), 89 South St., 8th floor, Boston, MA. The purpose of the hearing is to discuss verification of wetland boundaries in planning for the application of herbicides on MBCR rights of way,from the Swampscott line(Thompson's Meadow)to Ocean Ave.,and parallel to the North River from Flint St. to the Beverly line. g. Old/New Business • None Know your rights under the Open Meeting Law M G.L. c. 39§23B and City Ordinance Sections 2-2028 through 2-2033. 11age 1 of r i i City of Salem Department of Planning 81 Community Development Check/Cash Receipt and Tracking Form Please complete form and make two copies. Date Received `;---4 N , L' Amount Received S' - Form of Payment �Theck Cash ❑ Sign Permit Application Fee Conservation Commission Fee Payment received for what ❑ Planning Board Fee/ ZBA service? ❑ SRA/DRB Fee ❑ Copies Other: Name of staff person receiving payment Additional Notes I' TEC ASSOCIATES INC. — 1072 46 SAWYER ST. i, I I SOUTH PORTLAND,ME 0410&1638 12 DATE _ 7,,.���1) ezeon34 ]4 PAY TO THE —IJU LLARS B � I C KayBank National Association South Portland,Maine 04106 J V two•I nbii p' Ksy.cite I FOR ! / 1140010720 1:0112006081: 19134100047611■ COPY 1: Client - ---- Copy 2: Application File CITY OF SALEM CONSERVATION COMMISSION 978-619-5685 WILL CITY OF SALEM CONSERVATION COMMISSION 978-619-5685 Will hold a public hearing for a Request for Determination of Applicability under the Wetlands Protection Act, Mass. General Laws c.131§40 and Salem Wetlands Protection and Conservation Ordinance for Massachusetts Bay Commuter Railroad (MBCR) 89 South St 8th fl Boston MA. The purpose of the hearing is to discuss verification of wetland boundaries in planning for the application of herbicides on MBCR rights of way, from the Swampscott line (Thompson's Meadow) to Ocean Ave, and parallel to the North River from Flint St to the Beverly line. This hearing will be held on Thursday June 9 at 6:00 pm in City Hall Annex, Rm 313, 120 . Washington St. Julia Knisel Chair SN 6/2/11 Appeared in: The Salem News on Thursday, 06/02/2011 Back CONSULTING TECASSOCIATES ENGINEERS 16 May 2011 RECEIVED MAY 2 3 2011 Salem Conservation Commission DEPT.OF PLANNING& 120 Washington Street COM1ll1NITY DEVELOPMENT Salem, MA 01970 Re: Request for Determination along Massachusetts Bay Commuter Railroad (MBCR) Right-of-Way Dear Commission Members: In 2005, your commission approved a delineation of wetlands along MBCR's right-of-way. The determination that was issued has allowed MBCR to conduct vegetation management activities in accordance with the Commonwealth of Massachusetts Rights-of-Way Management Regulations (333 CMR 11.00) and MBCR's Vegetation Management Plan (VMP). Each year since the determination was issued you have been supplied with MBCR's Yearly Operational Plan (YOP) and updates of the delineation as necessary. MBCR's VMP expired on 31 December 2010 and is now in the process of renewal. In accordance with the Wetlands Protection Act, determinations of applicability issued for work conforming to 333 CMR 11.00 are in effect for the life of the VMP and must be renewed with the new VMP. Accordingly, I have enclosed a RDA to renew the wetland delineation along MBCR's right-of-way in Salem. The enclosed maps represent the location of the permanent marking setbacks prescribed by 333 CMR 11.00. There are no proposed changes to the wetlands delineation. The maps have been updated to USGS maps, as required by the regulations. Maps have, also been revised to reflect the latest revisions to the water supply zones in Salem as identified on maps supplied by the Commonwealth of Massachusetts' Office of Geographic Information. Please consider a negative number 5 determination citing 310 CMR 10.03 (6)(b) and 310 CMR 10.58 (6)(a) as the exemptions. If you have any questions, please do not hesitate to call. Very truly yours, 7eF SOCIAT r cc: Mary Ann Reilly, MBCR Regional Office, DEP 4R Sawvar Street South Portland, Maine 04106