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64-67 - 35 Belleau Road - CONSERVATION COMMISSION jaec-O-Ns -AAA- `5� ,Qq wa FORM 4 ORDER OF CONDITIONS i W E T L A N D S P R O T E C T I O N k T:;;:" G.L. C. 131, s. 40 Sl�crd PL'n,. - --- CITY/TOWN SATFM Maes FILE NUMBER 64-67 TO: NAME CART. DF COTTS ADDRESS .35 Ball aan Raa11, CERTIFIED MAIL NUMBER PROJECT LOCATION: Address 35 Belleau Road, Salem- Massachusetts Recorded. at Registry-of Essex South Book 6618 Page 408 Certificate (if registered) C( REGARDING: \ Notice of Intent dated June T7 1980 and plans titled and. dated Carl DeCotis To Construct Stone Revetment in Salem, Mass., dated June 16, 1TO THIS ORDER IS ISSUED ON (date) Auust 14 1980 ---------------------------------- -g----------------------------- Pursuant to the authority of C.L. c. 131, s. 40, the SALEM CONSERVATION COMMISSIO.i has reviewed your Notice of Intent and plans identified above, and has determined that the area on which the proposed work is to be done is significant to one or more of the interests listed in G.L. c. 131, s. 40. The SALEM CONSERVATION COMMISSION hereby orders that the following conditions are necessary to protect said interests and all work shall be performed in strict accordance with them and with the Notice of Intent and plans identified above except where such plans are modified by said conditions. CONDITIONS 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. -l- 1; FORM 4 ORDER OF CONDITIONS CONTINUED FILE NU?23ER 64-67__ 2. This order does not grant any property rights or any. exclu- sive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This order does not relieve the permittee or any other per- son of the necessity of co7plyiag with all other applicable federal, state or local statutes; ordinances, by-laws and/ or- regala—Lions. 4. The work authorized hereunder shall be completed within one (1) year from the date of this order unless it is for a - maintenance dredging project subject to Section 5(9) . The - . .y-border may be extended by the issuing authority for one or -. more additional one-year periods upon application to the said issuing authority at least thirty (30) days prior to the expiration date of the order or its extension. 5. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, includ= 7. ing, =without-limiting thegeneralityof- the- foregoing, lumber, ' bricks, plaster, wire, lath, paper, cardboard, pipe, tires,. ashes, refrigerators,_motor vehicles or,parts of any of the. foregoing. 6. No work may be commenced untill all appeal periods have elapsed from the order of the`.Conservation Commission or from *._. a final order by the Department of Environmental Quality Engineering. 7. No work shall be undertaken until the final order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is . located-within the chain of title of the affected property. The Document number indicating such recording shall be sub- mitted on the form at the 'end of this order to the issuer of this order prior to commencement of work.. 8. A sign shall be displayed at the site not less than two square feet or more .than three square feet bearing the words, "Massachusetts Department of Environmental Quality Engineering, Number 64-67 " 9. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a super- seding order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Depart- ment. 44 (. _2_ ORDER OF CONDITIONS CONTINUED FILE NO. 60..67 10. Upon completion of the work described herein, the, applicant l shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satis— factorily completed. ll. The work shall conform to the following described plans and additional conditions. 1. The Conservation Commission has determined that the area of the proposed fill and rip rap work is a salt marsh significant to protection of marine fisheries and prevention of pollution and therefore, order that the fill shall not be placed on the saltmarsh. 2. The oil tank shall be placed in accordance with the dravings entitlod� "Carl Decotis, To Construct Stone Revetment in Salem' Mass. , dated June. 16, 1980 prepared by Carter 5 Towers Engineering Corp. 3. - It has been noted that there has been unauthorized fill of the beach and anv further submission of work plans to comply with these Order of Conditions shall address itself to this issue. f T , 411 IR it � tr —3— ORDERS OF CONDITIONS -' continued The applicant, any person aggrieved by this order, any owner of land abutting the land upon which the proposed work is to be clone, or any ten residents of the city or town in which such land is located, are hereby notified of their right to appeal this order to the Department of Environmental Quality Engineering provided the request is made in writing and by certified mail to the Department within ten (10) days from the issuance of this order. ISSu::u Sti.Ef CONSERVATION CONuI8SI V On this14th -day of August 1980, before me personally. appearedthe aboy��rsons_ td me known to be the person described in, and who executed, the foregoing instrument and acknowledged that he executed the same as his free act ' au�r�dlafi. 4 I My Commission expiresR 'r 2;1 DETACH ON DOTTED LINE ANW SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO . COMMENCEMENT OF WORK. TO __ (Issuing Authority) PLEASE BE ADVISED THAT THE ORDER OF CONDITIONS FOR THE PROJECT AT FILE NUMBER , HAS BEEN RECORDED AT THE REGISTRY OF ON (DATE) If recorded land, the instrument number which identifies this trans- action is If registered land, the document number which identifies this trans- action is Signed Applicant —4— THE COMMONWEALTH OF MASSACHUSETTS Department of Environmental Quality Engineering Metropolitan Boston - Northeast Region 323 New Boston Street, Woburn, MA 01601 727-5194 DATE: July 11, 1930 TOWN: Salem File Number Assigned: 64-67 This Department is in receipt of an application under General Laws, Chapter 131 , Section 40. Applicant: Carl DeCotis 35 Belleau Drive Salem, -1A Owner of Land (if Different) This Project is located on: 35 Belleau Drive ( ) No File Number has been assigned since the filing as received is considered incomplete. Please submit the following: Notice of Intent ( ) Plans ( ) Locus Map Correct Forms ( ) Thomas F. McLoughlin Regional Environmental Engineer Metropolitan Boston/Northeast Region cc: Conservation Commission � . ,. � ,. . ,. �,�, C_ r . ., 1 .. .� � . _ ,1. ; .r ,_ , . , . .. _ . - UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS PENALTY FOR PRIVATE SENDER INSTRUCTIONS USE TO AVOID PAYMENT Print your name,address,and ZIP Code in the space below. OF POSTAGE.sDoo • Complete items 1,Z,and 3 on the revere U®d • Attach to front of article if mace permits, otherwise affix to back of article. • Endoro article"Ratum Receipt RoQuasted" adjacent to number, RERETURNR ' w °+ yti Y �� A � , i.. W. rt° - 5 (Name of Sender) --'`� .^ i 't t ,(Street oiP.O.Box)' (City; tel and Z�Code) y ®SENDER. "<%nmCklf iWnf 1.1,ead J. Add Yoar zddren in 0e"P ETUAN'70^fpfce m 1.-The following service is requested(dwkafrc;) Show to whom and date delivered ........... 0 Show tawhom,date-and sddresa of delivery..,_a RESTPJCTED DELIVERY Show to whom and-date delivered............ ❑ RESTRICTED DELIVERY. 'Show W whoay data,and add.eas of delivery.$. (CONSULT POSTMASTER FOR FES) 2 ARTICLE ADDRESSED TO: Mr. Carl DeCotis a 35 Belleau Road Salem, MA . 01970 9 _ n 3. ARTICLE DESCAIFfIDN: al ALoISTERED No. ! Cc IED NO. INSURED 1Yf. f 422522 cv !Always obtain signature of-frcldressea-a ageart) m f have received the article described above. T SIGNATURE ❑Afte :0AutIIotizeaaaeat q Z t a C 4. m DATE -EL V y ` R ' 'OF J .� O S. ADDRESS lDen:Plala aaN HfeOaei�ed) � v ` N m E. UNARLE TO DELIVER BECAUSE: CA.cAK'S- 0 INITIALS 3 D r A '*wo:w»aooeaP UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE Print your name,address,and ZIP CODE in vUSE TO AVOID PAYMENT,e space below. OF POSTAGE $300 I Complete items 1,2,and 3 on the reverse '+17UIIII •Moisten gummed ends and attach to front of article if space 0.SMAIL ppermits.Otherwise affix to back of article. •Eodose article "Return Receipt Requested" adjacent to number. RETURN TO t[M PLANP�-Ilmfql DEPTS (Name o en er) F'^ r IF e r' SENDER:Complete items 1,2,and 3. Atltl your address in the "RETURN TO space on 3 reverse 1. The following service is requested(check one). ©-St'ro'w to whom and date delivered... . ... .... R ❑ Show to whom,date,and address of delivery.. 6 ❑ RESTRICTED DELIVERY Show to whom and date delivered.... . .. . ... ¢ p ❑ RESTRICTED DELIVERY m Showtowhom,date,and address of de livery.$— C c (CONSULT POSTMASTER FOR FEES) m 2 �F) rLECa,ADDRESSED E m 2,S r; N'�'e C'j \�( . 3. ARTICLE DESCRIPTION: IT REGISTERED NO. I CERTIIFIED1 NO. INSURED NO. 1 `'0d Y' X) (Always obtain signature of addressee or agent) o I have received the article described above. Z SIGNATU E ❑ Addressee El Authorized agent m 4. 451) DATE OF DELIVER POSTMARK Z 3�3 dpp (7 m 5. ADDRESS(Comptete only it requested) nTCQ� o n LQ Fn 6. UNABLE TO DELIVER BECAUSE: CLE D TINITIALS RK'S r *GPO:1977-0-249-595 _ rt RECEIPT FOR CERTIFIED MAIL POSTMARK SEN ,TO \ �— OR DATE 7-4 STREET A 0. S W e Y-C:,3 6-3 P STA E AND 21P COD c� � �e.�1� OPTIONAL SERVICES FOR ADDITIONAL PEES RETURN 1. Shows to whom and dale delivered ..._......j With restricted delivery RECEIPT 2. ShOWS to whom,date and where delivered SERVICES With restricted delivery ..._....._....__.._ flESTRICTED DELIVERY.._...___.__..__....._.._._...._......__....__.. it Q SPECIAL DELIVERY (extra(ee re9ui red) - ---------""' Zj PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (see other Side) Jen.1978 NOT FOR INTERNATIONAL MAIL S}GM:lm91-52 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) I. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date. detach and retain the receipt, and mail the article. 3. If you want i return receipt, write the certified-mail number and your name and address on a return receipt card, Form 3811, and attach into the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on thefront-'.of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. %ON cp,� z Conservation Commission Salem. Massachusetts 01970 �.411ASSnC f March 29 , 1983 V i Mr. Carl DeCotis 35 Belleau Road Salem, MA. 01970 Dear Mr. DeCotis : I At this time , the Salem Conservation Commission would like j to respond to your questions concerning the replacement of salt- marsh on your property. Regarding this matter, the Commission would request the .following: 1. The placement and dimensions of your sea wall should be added to the topographical plan originally submitted to the Commission for your sea wall project. Previously. you submitted your site plan only. The :Wetlands Protection Act requires topographical drawings . 2 . The amount of saltmarsh displaced by said ramp should be clearly noted on the plan. 3 . A marine biologist should be. contacted as to placement of the displaced saltmarsh. Location and time of planting is absolutely essential to insure that the newly-planted saltmarsh will continue to healthy. At the time of our last conversation, you requested some sug- gestions as to who to contact regarding the above. The Commission would like to recommend the following firms for your consideration: Sea Plantations , 29 Congress Street, Salem; E.G. & G. , Waltham, MA, ; or Jay; Moore , Salem State College , Salem. As you realize, it is imperative that this be done as quickly as possible. The planting of the saltmarsh should be fully accom- plished by the middle of April at the latest in order - to increase . its chances for survival. In order to expedite this project, the Commission wishes to recommend the following: The completion of the items listed above can be presented to Conservation Aide Susan Madison at One Salem Green before the next Commission meeting on April 14 . Dates for the actual planting of the marsh should be set before this meeting. At the meeting of April 14 , the Commission can review and officially approve what has been accomplished by you and your marine specialist, Conservation Aide Susan Madison, and myself, Very truly yours , Philip D, Moran Chairman sz Conservation Comnibsim • ;� Salem. Massachusetts 01970 March 11, 1983 Mr. Carl DeCotis 35 Belleau Road Salem, MA. 01970 Dear Mr. DeCotis: / The Conservation Commission wishes to remind you that now is the time that the saltmarsh buds must'-be planted to restore the damaged marsh area on your property. The Conservation Commission, therefore, requests you notify them within seven days of receipt of this letter of your inten- tions. regarding this matter. The Commission wishes to remind you that this violation has been outstanding for several months and .we wish to resolve the matter as expediently as possible.. The Commission will meet again on Thursday, March 24, 1983. • We expect to hear from you on or before that date. If you have any questions regarding this matter, please contact Susan Madison, Conservation Aide , at 744-4580. Sincerely yours , Philip D. Moran Chairman PDMsdey Certified mail # 422522 A RECEIPT FOR CERTIFIED MAIL SENT TO POSTMARK RTDATEN Mr. Carl DeCotis STREET AllN . Belleau Road N LO P.O., STATE AND ZIP CODE Salem, MA . 01970 OPTIONAL SERVICES FOR ADDITIONAL FEES N 1. Shows to whom aAD ITI deliver AL RETURN Withrestricted delivery RECEIPT 2. Shows to whom,date and wherSERVICES With restrkt.ddelivery ..._. ffi� RESTRICTED DELIVERY__....... __.....__.....___..__.__......__... 3 Q SPECIAL DELIVERY textro fee required) ---- Z PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See other Tide) Jan.1978 NOT FOR INTERNATIONAL MAIL {T GPO:IM—b591J52 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see front) I. If you want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date, detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified-mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED. 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. f r Co er bion (Commission Sale"]. Dla';sachucctts 01970 november 8, 1982 iv;r . Carl DeCotis 35 Belleau Road. Salem, to . 01970 Dear Mr. DeCotis : On September 17 , 1982 , the Salem Conservation Commission wrote to you notifying you that your completed sea wall varied from the original plans submitted for the project. In addition, after comparing photographs of the area before your sea wall con- struction and now, the Commission has found that areas of salt marsh have been filled. Our letter requested that you this as-built drawings of your sea wall to the Commission. This has not been done . On October 14., 1982, you were sent a certified letter (:;=422521) includin;; a Cease and Desist order issued under PJassachusetts General Laws , Chapter 131, Section 40 . You were notified by the post office of this letter on October 19, 1982 , and again on October 23 , 1982. If you do not respond to this Cease and Desist, you leave us no choice but to initiate formal court proceedings , ie expect to hear from you by our November 23 meeting. Any questions regarding this matter may be directed to. Susan : adison, 744-4580. Sincerely yours, Philip D . T,:oran Chairman nc to s.Zre • r ,( 6 0 Fk N Oi,M,j.c.� O ? DAVID ,��,, c,P. FO ST CARTfA. a R ER y p No.9381 P RK ti �C/STEp�pQ'� h to IN x 9 YARDS v 4 ' eo`441'� "`i certify that this plan A shows the -property lines that 04 are the lines of existing owne w 9 ships , and the lines of streets and way shown are those of 9q y . public or private streets or A ' ways already established, an� that no new lines for x BO d vision of existing -P � wnership or for new way + �re shown. "// i N bate /2 /6{.42 i N :I J W J IIo ep tt D. aer Registered Land z mz W Surveyor N o g1.5g i$ z y Q N0, 30 U LATS 28 a 29 L07 30 N 23,100t S.f. eF< W � 83.85 144G ?` LOT 27 X04 0 GRAPHIC SCALE 1°=40' AS - BU I LT SITE PLAN 0 20 40 ' 80 TO .A000MPANY PETITIONOF CARL DECOTIS TO CONSTRUCT a MAINTAMI STONE REVETMENT IN FOR REGISTRY OF DEEDS USE ONLY SALEM HARBOR SALEM, MASS. CARTER & TOWERS ENGINEERING CORP. 6 FAIRVIEW AVE. SWAMPSCOTT, MASS. 1 12 / 16 / 82 ; I CERTIFY THAT THIS PLAN HAS BESN pREpARED IN CONFOR1111Y. WITH THE RULES AND REGULAT.IQNS OF THE REG' ISTERS OF DEEDS OF THE',C .?XON' WEALTH OF XASSACHUSETTSW DATE FM MO LAND:$; ""' HAaeoa %1A Of,R1''•� 1p a o 4Lp�� G � 94 � oQ D �� y -gP FO ST All. v. CARTER a R ER 93a% Me ISTE 4� YARDS v 4 X "Z certify that this plan A showsithe property lines that °ab are the lines of existing owner - W 9 ships , ind the lines of streets and way$ shown are those of-+, LL P4q publ�c or .private streets or qways already established, � A an that no new lines for BO division of existing X � ownership or for new way *i re shown. "// N ate /%//6/1z i N W J o ep D. arter C Registered Land z m a W Surveyor LL ,N� �.3g SII 1 co o a N0. 30 _ a0 U LOTS 28 >t 29 e, �' LOT 30 D 23,IOOt W < / ` ' ,. 83.85 l F9G LOT 2T RO q� GRAPHIC SCALE 1"=40 AS - BUILT SITE PLAN 0 20 4D Io TO ACCOMPANY PETITION OF CARL DECOTIS TO CONSTRUCT & MAINTAIN STONE REVETMENT IN FOR REGISTRY OF DEEDS USE ONLY SALEM HARBOR SALEM, MASS. CARTER 9 TOWERS ENGINEERING CORP. 6 FAIRVIEW AVE. SWAMPSCOTT, MASS. 12 / 16 / 82 ; .i I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN CONF.ORM,jjY, WITH THE t RULES AND RMULATIONS'OF THE RSt� . ISTERS OF DEEDS: OF THE ,C0HIr10N' VEALTH OF DtASSACHUSETTS : DATE REG 9W E'D.I,AND5'% eoa f o ,k DAVID : yP FO ST ' JA. VC ARTIR wf R ER 9382 / RK y. NO vot; s YARDS v 4 X q "i crtify that this plan shows1the property lines that 4 are th¢ lines of existing owner w 9. Ships, #nd the lines of- streets and way shown are those of— publ c or private streets or way already established, an that no new lines for X BD d vision of existing 9 wnership or for new way r. re shown. "/ N ate N .. W o ep D. arter Q Registered Land z N a W Surveyor _ a W W O D` S LL 21 wito N0. 30 6 g v . D LOTS 28 6 29 40" ' LOT 30 " 23,100t s.f. 6 F/ c'a - 83.85 LOT 2T R� 4� GRAPHIC SCALE I =40 AS - BU I LT SITE PLAN O - 20qD . 60 TO ACCOMPANY PETITION OF CARL DECOTIS TO CONSTRUCT & MAINTAIN STONE REVETMENT IN FOR REGISTRY OF DEEDS USE ONLY SALEM HARBOR SALEM, MASS. CARTER a TOWERS ENGINEERING CORP. 6 FAIRVIEW AVE. SWAMPSCOTT, MASS. A 12 / 16 / 82 ; I CERTIFY THAT THIS PLAN HAS BEEN PREPARED IN CONFORMIIY. .WITH THE RULES AND FJS=ATIQX0F THE REG, . ISTERS OF DISDS OF ..THE CANON" WEALTH OF MASSACHUSETTS DATZ Tow LANA off^ comn b• O on qsion •J �I . � 5a1� ni. lllascachu ctt; 01970 September 17 , 1982 Mr. Carl DeCotis 35 Belleau Road Salem, MA. 01970 Dear Mr. DeCotis: In reviewing our records, we have found that a Certificate of Compliance, which is legally required under the Wetlands Pro- tection Act, Mass. General Laws Chapter 40 , Section 131, has not been issued. In addition, after our recent inspection of your completed sea wall, it was noted that the completed project was not constructed according to the nlan submitted and approved by the Conservation Commission and Planning Board. The rip- rap ramp which forms part of the sea wall was never included in the plans. In addition, after comparing photographs of the area before your sea wall construction and now, the Commission has found that areas of salt marsh have been filled. At the Conservation Commission meeting of September 9 , 1982, it was voted that you must submit a Notice of Intent including as-built drawings of .your sea wall . If this Notice is not received within thirty days of this letter, we will have no choice but to go to court and ask for removal of your ramp. If you have any questions regarding this matter, please contact Susan Madison, Conservation/Planning Aide, at 744-4580. Sincerely yours, Philip D. Moran Chairman PDM:dey Enclosures cc to Sterling Wall, DEQE ( � v Wig}*.,�'� iv,•rty, .d�..ti� �� # �" >,:y�f,�. y y W.} w 1,`.t�y�e j'-^jy6 ` •, �„ t 3��may: ��X�. •.l - '$, t 333•.YY �� I "4 r I � �, .l°a,i♦.. r I�±^". 44v .4� RECEIPT FOR CERTIFIED MAIL POSTMARK IET OR DATE 0. C\\ e- CV OPTIONAL SERVICES EOR ADDITIONAL FEES Rur I. Shows to whom and date RETUPM With restricted delivery .._._...._._...... e� RECEIPT 2, Shows to wham,Oet!end where tleliveretl SERVICES With restricted delivery ..._.._......__.... gg� RESTRICTED DELIVERY_.____....__...___._...____.......__.......__... I Q SPECIAL DELIVEflr (extra fee required ' " zj PS Form 3800 NO INSURANCE COVERAGE PROVIDED— (See ether side) Jan.1976 NOT FOR INTERNATIONAL MAIL *GM:1105 59"52 STICK POSTAGE STAMPS TO ARTICLE TO COVER POSTAGE (first class or airmail), CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES. (see trend I. If You want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, leaving the receipt attached,and present the article at a post office service window or hand it to your rural carrier. (no extra charge) 2. If you do not want this receipt postmarked, stick the gummed stub on the left portion of the address side of the article, date. detach and retain the receipt, and mail the article. 3. If you want a return receipt, write the certified-mail number and your name and address on a return receipt card, Form 3811, and attach it to the back of the article by means of the gummed ends. Endorse front of article RETURN RECEIPT REQUESTED, 4. If you want delivery restricted to the addressee, or to an authorized agent of the addressee, endorse RESTRICTED DELIVERY on the front of the article. Check the appropriate blocks in Item 1 of the return receipt card. 5. Save this receipt and present it if you make inquiry. 0 Sal c.tn, Ma,,;sa-'1jjLjst-zt.� 01t),,0 (6171715-5!Ki"' October 14, 19-82 mr . Carl DeCotis 35 Belleau Road Salem, MA . 01970 Dear 151r. DeCotis : In follow up to our letter to you dated September 17, 1982 , (a copy of which is enclosed) , a Cease and Desist order has been issued by the Salem Conservation Commission. If you do not comply with this Cease and Desist, a criminal complaint under Chapter 131, Section 40 of Pilassachusetts General Laws will be issued. Since)?e:.y yours , Glenn A . �(ale Vice-Ch.4/r-man GAY/dey Enclosures cc to Sterlin.- Wall, DEQ-P onserva. iton Uoni, Z ' 01�)'7() assneh u is�-tui Tdef)howt (6171 it ii October 14, 1982 Mr. Carl DeCotis 35 Belleau Road Salem, MA . 01970 Dear Mr. DeCotis . In follow up to our fe-tter to you dated September 17, 1982 , (a copy of which is enclosed) ,- a Cease and Desist order has been issued by the Salem Conservation Commission. If you do notcomplywith this Cease and Desist, a criminal complaint under Chapter 131, Section 40 of Massachusetts General Laws will be issued. Sin ]-y yours , ✓jlenn A eice-ch man r. GAY/dey Enclosures cc to Sterling Wall, DEQE Salem Conservation Commission Wetlands Protection Act Mass. General Laws Chapter 131 Section 40 CEASE AND DESIST ORDER Date October 14, 1982 To: Mr. Carl DeCotis Property lot parcel number, address: 35 Belleau Road, Salem, MA . . 01970 Extent and type of activity: Construction of rip-rap ramp on a salt marsh which does not comply with the plan approved by the Conservation Comm. and DEQE The Conservation Commission has determined that the activity described above is in violation of Chapter 131 Section 40 because: Said violation has been/is being conducted without a valid Order of Conditions. Said activity has been/is being conducted in v'olation of Order number ky-67, Condition number(s) The Conservation Commission hereby orders the following: The property owner, his agents and permittees, and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. Wetland alterations resulting from said activity shall be corrected and the site returned to its original condition. y xx Completed application forms and plans as listed in the Regulations under the Act shall be filed with the Commission, on or before W v1 9. 1982, and no further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. -*x The property owner shall take every reasonable step to pre- vent further violations of the Act. Failure to comply with this order constitutes grounds for legal action. Contact the Conservation Commission for application forms or additional information at City Hall, Salem, MA 01970. certified mail # 422521 /p s3' �to�rle "sservatign Commission signature of delivery person i Conservation Commission Sale"'. DlaSsaell"set t 01970 September 17 , 1982 Mr. Carl DeCotis 35 Belleau Road Salem, MA. 01970 Dear Mr. DeCotis: In reviewing our records , we have found that a Certificate of Compliance, which is legally required under the Wetlands Pro- tection Act, Mass. General Laws Chapter 40 , Section 131, has not been issued. In addition, after our recent inspection of your completed sea wall, it was noted that the completed project was not constructed according to the elan submitted and approved by the Conservation Commission and Planning Board. The rip- rap ramp which forms part of the sea wall was never included in the plans. In addition, after comparing photographs of the area before your sea wall construction and now, the„Commission has found that areas of salt marsh have been filled. At the Conservation Commission meeting of September 9 , 1982 , it was voted that you must submit a Notice of Intent including as-built drawings of your sea wall. If this Notice is not received within thirty days of this letter, we will have no choice but to go to court and ask for removal of your ramp. If you have any questions regarding this matter, please contact Susan Madison, Conservation/Planning Aide, at 744-4580. Sincerely yours, Philip D. Moran Chairman PDM:dey Enclosures cc to Sterling Wall, DEQE • / ' � ANTHONY n.comSE, S,n, 727+19* November 14/ 1980 ---- - -----� ` � ;c. Carl DeCotin }5 Belleau Drive Salem, 8& 01971 | | r�T i i 41 ! RE: WETLANDS/ ---�-- Pcvperty ou. Salpm Harbor D30C File 0imbec 64-67 Sayecsedin9.j8cdcc of Condit' ' Dear Mr. DeCotis: The Metropolitan Boston/Northeast Regional office of the Department of Environmental Duality Engineering has reviewed the above referenced file preparatory to innoiuq a superseding Order of Conditions. ?ocsoani to the provisions of Massachusetts Ccoccal Lax Chapter 131^ Section 110, the Department in issuing the attached Vcdec, allowing the project based on the new plans -obmiLied and conditions the Department has deemed necessary to protect the � :;ublic interests. � The Department's review of this pcoject^�dc\ecmioed�-that your original----- proposal to replace the existing, but deteriorating timber bulkhead with a sloped stone cevetment.pcenented adverse impacts to the statutorily significant saltmarsh on Salem Harbor. Bvocvec, destruction of saltmarsh is prohibited by section 32 (7) of the Coastal Regulations. At the site visit all parties agreed that this impact could be mitigated by redesigning the bank protection as a vertical, stone masonry/ seawall and that the evaluation of this project could be completed under Department review. You have submitted acceptable plans for the proposed seawall and all parties have had an opportunity to comment on them. This Order allows yoo to build and maintain tbmt seawall in place of the existing timber bulkhead and requires you to replace' replant or re-establish any saltmarsh vegetation temporarily damaged during construction. The Department believes that all relevant issues have been addressed � and that the resulting Superseding Order conditions the project to provide maximum environmental protection as required by the Act. Should any party dispute these findings, their attention in directed to the attached NOTICE regarding an adjudicatory bearing. ' Very truly yours, For the Commissioner, , {�/ /~'�"^"^ ''��/ '�/' ' K -`^~ - -^-� ' William J. 5LY Hilaire, P.C. Regional Environmental Engineer Metropolitan Boston/Northeast Region �J3R/3*sx/lam CC; Salem Conservation Commission Division of waterways O R D E R . WETLAND PROTECTION ACT G.L. C. 131 S.40 File Number 64-67 Project Location Salem-35 Belleau Drive To ,yr. Carl DeCotis Cert. Nail No. 35 Belleau Drive Salem, MA 01971 Re: Notice of Intent & Plans Dated: Date of Receipt by June 17, 1980/June 16, 1980 Conservation Commission: Date of Public Hearing: June 17 , 1980 Pursuant to the authority of G.L. C. 131 S.40, the Commissioner of the Department of Environmental Quality F.ngineeringhas considered your notice of intent and plans submitted therewith, and has determined that the area on which the proposed work is to be dons is significant to one or more of the interests described in the said Act. The Commissioner hereby orders that the following conditions are necessary and all work must be performed in strict accordance with said conditions and with the Notice of Intent and Plans, unless modified by said conditions. �IOCONDITIONS: 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. 2. This order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights_ 3. This order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws and/or regulations. 4. The work authorized hereunder shall be completed within one (1) year from the date of this order unless otherwise stated below pursuant to Regulation 6.7 The order may be extended by the issuing authority for one or more additional one-year periods upon application to the said issuing authority at least thirty days prior to the expiration date of the order or its extension. 5. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks, plaster, wire, lath, paper, cardboard, _pipe, tires, ashes, refrigerators, motor vehicles or parts or any of the foregoing. i 1 411DITIONS CONTINUED PAGE 2 FILE NO. 64-67 6. No 'work may be commenced zm til all .aneaL_peTtodg have elapsed from the order of the Conservation Commission or from a final order by the Department of Environmental Quality engineering. I 7. No work shall be undertaken until the final Order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located within the chain of title i7f the affected property. Copy to be furnished to issuer of this Order showin' book and page prior to commencement of work. 8. Upon completion of ',:he c;o_k described herein, th e applicant shall forthwith request, in writing,. that a Certificate of compliance be issued stating that the work has been satisfactorily completed. iJ 9. A sign shall be displayed at the site not less than two square feet or more than three square feet be.a ing the wore: "Massachusetts Department of Environmental Quality EngincarinZ. Number 64-67 10. Where the Department of Environmental Quality Engineering is requested to make a deteiminatien and to issue a superseding order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department___ 11. The work shall conform to the following described plans, ,ana additional F • conditions. Plans in Two (2) Sheets Both Entitled "Plan to Accompany Notice of Intent of Carl DeCotis to Construct Stone Revetment in Salem, Massachusetts". Prepared by Carter and Towers Engineers Corp. 6 Fairview Avenue, Swampscott, .Massachusetts. Sheet 1-dated June 16, 1980-showing A. Site location and location of stone masonry seawall on Salem Harbor . at a scale of 1" = 40 ' . i B. "Typical Cross section" at a scale of V" = 1' - 0" entitled "Plan to Accompany Petition of Carl- Decotis to construct and maintain a stone masonry seawall-Salem Harbor -Salem Massachusetts". Stamped by Daniel J. -Lynch and Joseph D. Carter. Sheet II-dated June 16, 1980, revised July 3, 1980 showing A. Site location, proposed oil tank location and location of existing timber retaining wall that is to be replaced, at a scale of 1" = 40 ' B. "Cross Section thru tank" and "Section at Tank End" , scale = 1' - 0 .._-showing oiltank location details. 12. The Oil tank shall be placed in accordance with the drawings referenced in condition 11, Sheet II. i i • 13. A Stone Masonry Seawall, approximately 220 feet long shall be built in place -27- i ' . CONDITIONS CONTINUED PAGE 3 FILE NO. 64-67 of and in the same location as the existing timber retaining wall and shall conform to the design drawings referenced in Condition 11, Sheet I. 14. Any saltmarsh temporarily disturbed by construction shall be re- established by the Spring of 1961 on site, at the appropriate elevation. A Certificate of Compliance for this project shall not be issued until this is accomplished to the Department's satisfaction. 15. Adequate erosion control measures shall be taken during seawall construction to prevent erosion of the soil bank onto the saltmarsh and into the waters of Salem Harbor. 16. This seawall shall be maintained in a safe and stable condition. Maintenance shall be an ongoing responsibility of the property owner and does not expire with this Order or with the issuance of a Certificate of Compliance. f FOR19 4, continued - ORDER OF CONDITIONS CONTINUED FILE NO. 64-67 3 The applicant, any person aggrieved by this order, 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 a formal hearing pursuant to the provisions of G.L. Chanter 30A, Section 10. The request for a hearing must be made in writing to the Department of Enviro-nentil Quality Engineering within ten. (10) days of the date of issuance of this Superseding' Order and should be addressed to: Docket Clerk, Department of Environmental Q_ality EA;neering, 100 Cambridge Street, Room 1901, Boston, Massachusetts C2202 A copy of the request shall be sent to the Conservation Commission and the Applicant. ISSUED BY S. St. Hilaire, P.E. re ional Environmental Engineer _etropolitan Boston/Northeast Region On this /I/ day of November 19 80 ,before no personally appeared William J. St. Hilaire, P.E. Regional Environmental Engineer to me nown to be the person described in, and whoexacuted, -the: fc-egoing.instrument and r' Ocknowledged that he executed the same as his free act and doed. /; it My Commission expires_. Notary Public DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO COMMENCEMENT OF WORK TO: (Issuing Authority) PLEASE BE ADVISED TIIAT THE ORDER OF CONDITIONS FOR THE PROJECT AT FILE NUMBER HAS BEEN RECORDED :T THE REGISTRY OF ' ON (date) . If recorded land, the instrument nembar which identifies this transaction is If registered land, the document number which identifies this transaction is .1' THE C06L;ONt'EALTH OF MASSACHUSETTS • Executive Office of Environmental Affairs Department of Environmental Quality Engineering 100 Cambridge Street, Boston 02202 OFFICE OF GENERAL, COUNSEL, ROOid 1901, TELEPHONE (617) 727-4658 _ N O T I C E MATERIAL PIOUIRED IN ANY REQUEST FOR AN ADJUDICATORY HEARING ON A SUPERSEDING ORLER ISSU.-D a w Pi OTECTIvN ACT, G L 131 , S.40 Rule 2.01(2) of tae Department's "Rules for the Conduct of Adjudicatory Proceedings" requires that certain information be submitted as part of any request for an adjudicatory hearing. This information is necessary to ensure that each request for a hearing may be handled speedily and efficiently and that the rights of all parties are protected. Failure to submit all of the necessary data may result in dismissal by the Department of th-2 request for a hearing. The key elements which are required are a statement as to why the person desiring the hearing believes that the Superseding Order should be changed and what it should be changed to. A simple parroting of the interests specified by the Wetlands Protection Act will net be sufficient. (a) A title which indicates tha name of the case. (Wetlands File Number; • name of applicant, addross of project) (b) The complete name, address and telephone number of the party filing the Request. (c) The name and address of all other parties. (d) A clear statement that a formal adjudicatory hearing is being requested. (e) A clear and concise statement of the objections to the decision which is being appealed. (f) A clear and concise statement of the facts upon which the Request for a Hearing is based. (g) is clear statement of the chances which the person requesting the hearing desires to havo made in the Superseding Order. (h) If the party filing the Request is represented by counsel, the name and address of the attarney. (i} A statement that a copy of the Request has been sent to the applicant, the conservation commission and each other party or representative of the party, if kno:m. • Requests for Adjudicatory Hearings must be sect to: Docket Clerk, Room 1901,, 100 Cambridge Street, Boston, Massachusetts 02202 , UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS Ff"M FOR PNNATE - SENDER INSTRUCTIONS USE TO AVOIp PAYMENT Print Your name,eddress,end ZIP Cede in the spece below. OF POSTAGE POSTAGE f uauaatL � • Complete items i,2,and 3 on the mvaNs • Attach to front of artictn if spew permits otheswiso after to back of anicis • Endorse article"Return Receipt RequecNd' adjacent to number, RETURN TO ' I ' ' I Salem Conservation Commission 04arne,OF Sender) One Salem Green (Street or P.O.Box)' Salem, MA . 01970 (City,State,and 22 Code) yam„ --------------------------------------- v ®SENCER:. Complete Wrts 1,Z and 3. Add your eddzev in the"RETURN TO"Ipaee w reverse. $; 1. The following service is requested(check tura.) RICShow to whom and data delivered............_Q 0 Show to whom,date and address of dellwry.—C 0 RESTRICTED DELIVERY m Show to whom and date delivered............ Q 0 RESTRICTED DELIVERY. Show to whom,date,and address of deL'very.S— (CONSULT POSTMASTER FOR FEES) 2 ARTICLE ADDRESSED TO: v A Mr. Carl DeCotis „ 35 Belleau Road a Salem, MA . 01970 3. ARTICLE DESCRIPTION: t_^ Re_CISTERED NO. CCRTIFIEDNO. ' INSUREO NO. a 422521 1 _! M iAlwrys c64ain signature of adjle:M9a M agent) I have received the article described abme. SIGNATURE ClAddeessee OAuthadxed anent +».. � P 1't4� z 4 C d. —' Is DdTE DELIVERY l s` S. ADDRESS Icaa Pl enw ti nyaeatdl:'.:: m Vit. 3 x ti m S. UNAOLE TO DELIVER BECAUSE: CLERK'S. "UPICE.Rl.�IE i A y�OPO:taI oo<sa Y � CITY OF SALEM -- + + PLANNING BOARD � 1 Salem Green _ Make it in ; Oc i ie ez s-% e uro. SALEM, MASSACHUSETTS 01970 Massachusett l� h /1V ANIF Mr. 1 DeCotis ? .. ^'nt;;., OCT-1'9 1982 35 Be1 u Ro 2 Salem, 019 �TORN iNe.arra_NOV 3 1982 yitl(llEs � � a , ° s�h so-F.a No. 422521 'ryL Aa nof �C1 o%Il;ce:rn slnaeano�— LW�9 4—✓' V r ; ;F- ' i .� .. / tel,:�� , J _� � G��/ ?'"'/ \. 1 _ ,\ f ylB VOxlmwO/I;CI�BCG�� O c�i%GCL.1.'lCZGIL/L.'lB��l . l ✓JOJ1O/a .�l'cr,/, /// 1r/r, :/1*1(21,P0/ ANTHONY O.CO RTTEE S k, Sc P. I Commissioner C 727"5194 November 14, 1980 _ RECEIVED Mr. Carl DeCotis 35 Belleau Drive NOV 1, 81vd'J I Salem, MA 01971 SALEMI PMN11r.0 DEPT. RE: WETLANDS/SALEM . . Property on Salem Harbor DEQE File Number 64-67 Superseding Order of Conditions Dear Mr. DeCotis: The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Quality Engineering has reviewed the above referenced file preparatory to issuing a Superseding Order of Conditions. Pursuant to the provisions of Massachusetts General Law Chapter 131, Section 40, the Department is issuing the attached Order, allowing the project based on the new plans submitted and conditions the Department has deemed necessary to protect the public interests. The Department's review of this project determined that your original proposal to replace the existing, but deteriorating timber bulkhead with a sloped stone revetment presented adverse impacts to the statutorily significant saltmarsh on Salem Harbor. However, destruction of saltmarsh is prohibited by Section 32 (3) of the Coastal Regulations. At the site visit all parties agreed that this impact could bemitigatedby redesigning the bank protection as a vertical, stone masonry, seawall and that the evaluation of this project could be completed under Department review. You have submitted acceptable plans for the proposed seawall and all parties have had an opportunity to comment on them. This Order allows you to build and maintain that seawall in place of the existing timber bulkhead and requires you to replace, replant or re-establish any saltmarsh vegetation temporarily damaged during construction. The Department believes that all relevant issues have been addressed and that the resulting Superseding Order conditions the project to provide maximum environmental protection as required by the Act. Should any party dispute these findings, their attention is directed to the attached NOTICE regarding an adjudicatory hearing. Very truly yours, For the Commissioner, _ William J. St. Hilaire, P.E. Regional Environmental Engineer Metropolitan Boston/Northeast Region WJSH/Ewsw/lam CC: Salem Conservation Commission Division of Waterways t 41 O R D E R WETLAND PROTECTION ACT G.L. C. 131 S.40 File Number 64-67 Project Location Salem-35 Belleau Drive To Mr. Carl DeCotis Cert. Mail No. 35 Belleau Drive Salem, MA 01971 Re: Notice of Intent & Plans Dated: Date of Receipt by June 17, 1980/June 16, 1980 Conservation Commission: Date of Public Hearing: June 17, 1980 Pursuant to the authority of G.L. C. 131 5.40, the Gnommissioner of the Department of Environmental Quality Engineeringhas considered your notice of intent and plans submitted therewith, and has determined that the area on which the proposed work is to be done is significant to one or more of the interests described in the said Act. The Commissioner hereby orders that the following conditions are necessary and all work must be performed in strict accordance with said conditions and with the Notice of Intent and Plans, unless modified by said conditions. CONDITIONS: 1. Failure to Comply with all conditions stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. 2. This order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws and/or regulations. 4. The work authorized hereunder shall be completed within one (1) year from the date of this order unless otherwise stated below pursuant to Regulation 6.7 The order may be extended by the issuing authority for one or more additional one-year periods upon application to the said issuing authority at least thirty days prior to the expiration date of the order or its extension. 5. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks, plaster, wire, lath, paper, cardboard, :pipe, tires, ashes, refrigerators, motor vehicles or parts or any of the foregoing. J a -------'-CONDITIONS CONTINUED PAGE 2 FILE NO. 64-67 6. No work may be commenced-until all .a from the order of the Conservation Commission appeal a�finaalorderpbydthe Department of Environmental Quality Engineering. 7. No work shall be undertaken until the final Order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located within the chain of title of the affected property. Copy to be furnished to issuer of this Order showing book and page prior to commencement of work. 8. Upon completion of the work described herein, the applicant shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the wor:'s, "Massachusetts Department of Environmental. Quality Engineering, Number 64-67 1. 10. Where the Department of Environmental Quality Engineering is requested to make a determinaticn and to issue a superseding order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. The work shall conform to the following described plans,_an&additional conditions. Plans in Two (2) Sheets Both Entitled "Plan to Accompany Notice of Intent 1 of Carl DeCotis to Construct Stone Revetment in Salem, Massachusetts". Prepared by Carter and Towers Engineers Corp. 6 Fairview Avenue, Swampscott, Massachusetts. Sheet 1-dated June 16, 1980-showing A. Site location and location of stone masonry seawall on Salem Harbor at a scale of 1" 40 ' . B. '.'Typical Cross section" at a scale of ;" = 1' - 0" entitled "Plan to Accompany Petition of Carl`DeCotis to construct and maintain a stone masonry seawall-Salem Harbor -Salem Massachusetts" . Stamped by Daniel-J. -Lynch and Joseph D. Carter. Sheet II-dated June 16, 1980, revised July 3, 1980 showing A. Site location, proposed oil tank location and location of existing timber retaining wall that is to be replaced, at a scale of 1" = 40 ' B. "Cross Section thru tank" and "Section at Tank End", scale ;" = 1' - 0" , showing oil tank location details. 12. The Oil tank shall' be placed in accordance with the drawings referenced in condition 11, Sheet II. 13. A Stone Masonry Seawall, approximately 220 feet long shall be built in place -27- CONDITIONS CONTINUED PACE 3 FILE NO. 64-67 of and in the same location as the existing timber retaining wall and shall conform to the design drawings referenced in Condition 11, Sheet I. 14. Any saltmarsh temporarily disturbed by construction shall be re- established by the Spring of 1981 on site, at the appropriate elevation. A Certificate of Compliance for this project shall not be issued until this is accomplished to the Department's satisfaction. 15. Adequate erosion control measures shall be taken during seawall construction to prevent erosion of the soil bank onto the saltmarsh and into the waters of Salem Harbor. 16. This seawall shall be maintained in a safe and stable condition. Maintenance shall be an ongoing responsibility of the property owner and does not expire with this Order or with the issuance of a Certificate of Compliance. FORM 4, continued ORDER OF CONDITIONS CONTINUED 3 FILE N0. 64-67 — The applicant, any person aggrieved by this order, any owner of land abutting the land upon which thero p posed 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 a formal hearing pursuant to the provisions of G.L. Chapter 30A, Section 10. The request for a hearing must be made in writing to the Department of Environmental Quality Engineering within ten (10) days of the date of issuance of this Superseding Order and should be addressed to: Docket Clerk, Department of Environmental Quality Engineering, 100 Cambridge Street, Room 1901, Boston, Massachusetts 02202 A copy of the request shall be sent to the Conservation Commission and the Applicant. ISSUED BY: William J. St_ Hilaire, P.E. Regional Environmental Engineer Metropolitan Boston/Northeast Region On this /7� day of November 19 80 , before me personally appeared William J. St. Hilaire, P.E. Regional Environmental Engineer - to me known to be the person described in, and who executed, the foregoing instrument and acknowledged that he exec utgd the same as his free act and dead. C� 2Z2i/l/J 9 My commission expires Notary Public DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO COMMENCEMENT OF WORK TO: (Issuing Authority) PLEASE BE ADVISED THAT THE ORDER OF CONDITIONTS FOR THE PROJECT AT FILE NUMBER HAS BEEN RECORDED AT THE REGISTRY OF ON (date) . ' If recorded land, the instrument number which identifies this transaction is If registered land, the document number which identifies this transaction is i THE COMMONWEALTH OF MASSACHUSETTS Executive Office of Environmental Affairs Department of Environmental Quality Engineering 100 Cambridge Street, Boston 02202 OFFICE OF GENERAL COUNSEL, ROO14 1901, TELEPHONE (617) 727-4658 ! N O T I C E MATERIAL REQUIRED IN ANY REQUEST FOR AN ADJUDICATORY HEARING ON A t, SUPERSEDII7G ORDER iSSUi lit41�uii iiia I IL INDS PROTECTION ACT, G L 13L, S.40 Rule 2.01(2) of rhe Department's "Rules for the Conduct of Adjudicatory Proceedings" requires that certain information be submitted as part of any request for an adjudicatory hearing. This information is necessary to ensure that each request for a hearing may be handled speedily and efficiently and that the rights of all parties are protected. Failure to submit all of the necessary data may result in dismissal by the Department of the request for a hearing. The key elements which are required are a statement as- to why the person desiring the hearing believes that the Superseding Order should be changed and what it should be changed to. A simple parroting of the interests specified by the Wetlands Protection Act will net be sufficient. (a) A title which indicates the name of the case. (Wetlands File Number; name of applicant, address of project) (b) The complete name, address and telephone number of the party filing the Request. (c) The name and address of all other parties. (d) A clear statement that a formal adjudicatory hearing is being requested. (e) A clear and concise statement of the objections to the decision which is being appealed. (f) A clear and concise statement of the facts upon which the Request for a Hearing is based. (g) A clear statement of the changes which the person requesting the hearing desires to have made in the Supemeding Order. (h) If the party filing the Request is represented by counsel, the name and address of the attorney. (i) A statement that a copy of the Request has been sent to the applicant, the conservation commission and each other party or representative of the party, if known. Requests for Adjudicatory Hearings must be sent to: Docket Clerk, Room 1901, 100 Cambridge Street, Boston, Massachusetts 02202 A C`I)! t gg SJ O O 6 C.c)ii�",on') "i, f�iw�t''i a1� o lnil '..r4't�' tso�l�r`�:� Sal . ,i, Massa ch x-;r_des 0-1970 < � Te:li.l r one j6,17) 745-51556 v CITY OF SALEM CONSERVATION COMMISSION WETLANDS HEARING A PUBLIC HEARING WILL, BE HELD BY THE WETLANDS PROTECTION ACT, G.L. CHAPTER 131, SECTION 40, AT THE REQUEST OF CARL DECOYS--, 35 BELLEAU ROAD, SALEM, MASSACHUSlTTB. THE PURPOSE OF THE HEARING IS TO EXPLORE THE EFFECTS OF REPLACING EXISTING TIMBER BULY.HE'AD RETAINING WALL THAT HAS DETERIORATED BEYOND A FUNCTIONALUSF WITH A 2 TO 1 SLOPE STONE REVETMENT .AT 35 BELLEAU ROAD, SALEM, MASSACHUSETTS. THE HEARING WILL BE FIELD ON THURSDAY, JULY 10, 1980 at 8:30 P.M. ON THE THIRD FLOOR OF ONE SALEM GREEN, SALEM, 119ASSACHUSFTTS i BRADFORD NORTHRUP� CHAIiu-:AN FORM 3 - WETLANDS PROTECTION ACT `9 ° MASSACHUSETTS G.L. C, 131 s. 40 NOTICE OF ,INTENT 3 "00 All parts of this form and the attached Environmental Data Form @hall be completed under the pains and penalties of perjury. Incomplete filings may be refected. DATE: June 17, 1980 Conservation Commission of (City/Town): Salem 1. Notice is hereby given in accordance with the provisions of Haseachusetts G.L. c. 131 , a. 40 that the proposed activity described.:herein ip within the jurisdiction of (City/Town) Salem at 3 Belleau Drive Street Most recent recording at the Registry of Book' Page. Certificate (if registered) 2. The land on which the work is proposed to be done is owned by: NAHE(s) Carl DeCotis ADDRESS 35 Belleau Drive, Salem 3. The Applicant submitting this Notice is: NAS Carl DeCotis ADDRESS 35 Belleau Drive, Salem TELEPHONE Res: 74499115 Bus: 324-7120 (Optional)The following person is hereby designated to represent the applicant in matters arising hereunder: Name Joseph D. Carter . Address 6 Fairview Ave. , Swampscott Carter & Towers Engr. Corp. Mass. 01907 Telephone 592-8386 4. Plans describing and defining the work, included herewith and made a part hereof, are titled and dated: plan to accompany Notice of Intent, Carl DeCotis ti construct stone revetment in Salem, Mass. , 6/16/80 5. Identical material has been submitted by certified mail as follows: Original to Conservation Commission (Date) 6/20/80 Three copies to appropriate regional offige of the Department of Environmental Quality Engineering (see map for region* and addresses). Date .6/20/80 Northeast g Southeast Central Western I v _ . (Form 31 continued) y 6. Has the required $25.00 filing fee, payable to the city or town, been included with the submission to the Conservation Commission? " vnq 7. Has the Environmental Data Form been completed and, submitted with each copy? Yes 8. Has a locus map MY' x Il" copy of USGS topographic included with each copy@heel with the site marked) been ? ypc y. (A)Have all obtainable permits, variances, and approvals re obtained? veS quired by local by-law been (B)If they have not been obtained, have they been applied for? If yea, include with this Notice of Intent any information Which has been submitted With such applications which is necessary to describe the effect of the proposed activity on the environment. 10. (A)Ia the site of the proposed work subject to A,wetland restriction orderrecordedpursuant to G.L. c. 131 , a. 40A, or G.L.' c, 1300 ',. 1050 by the Department of Environmental Management? Yes No . X Do not know (B)I9 the site of the proposed work in, or within 100 ,feet oft a coastal dune coastal bank X coastal beach ; salt marsh `' "' ; land under the oce.an�� a salt pond . anedromous/catadromous fish run 'do not know p 11. Signature(s) of owner(s) of the land (if by agent, or option holder, written authori- zation must be attached) 12. What is the purpose of the proposed project?, To replace the existing timber bulkhead retaining wall that has deteriorated beyond a functional use with a 2 : 1 stone revetment. 13. I HEREBY CERTIFY UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE FORGOING NOTICE OF INTENT AND ACCOMPANYING ENVIRONMENTAL DATA FORM ARE TRUE AND COMPLETE. —'2Lk —' �// Signat a of Applicant Dat (Form 3, continued) _ 3 . WETLAND PROTECTION ACT ENVIRONMENTAL DATA FORM 1. All parts of this form are to be filled out by the appl4cant or his ' agent under the provisions of G.L. C. l31 e. 40. 2. where a section is not relevant to the application in question, the words "Not Applicable" should be entgred on the appropriate line. NAME OF APPLICANT Carl DeCotis ADDRESS OF APPLICANT 35 Belleau Drive, Salem, Mass. 01970 MUNICIPALITIES WHERE ACTIVITY IS PROPOSED AND NOTICE IS FILED DESCRIPTION OF PROPERTY INVOLVED IN Lots 28 & 29 or House #35 APPLICATION (including the dimensions Belleau Drive, Salem of any existing buildings, decks, marinas, 23,100 s.f. existing cesspools) DESCRIPTION OF MODIFICATIONS PROPOSED ON Thi-, SITE, including grading; dredging, Replaceexisting deteriorated removal of vegetation, etc. timber bulkhead with 2 :1 rip rap revetment. ,A. SOILS 1. United States Department of N/A Agriculture Soil Types (show on map) 2. Permeability of soil on the site. (Dates of testing) N/A 3. Rate of percolation of water through the .soil. (Dates of testing) N/A B. SURFACE WATERS Coastal bank on site. 1. Distance of site from nearest surface water (Date Of measurement) (Form 3. coptinu .,4 a. 2. Sources of runoff water Roofs &' LOTS 3. Rate of runoff from the site N/A 4. Destination of runoff water Salem Harbor 5. Chemical additives to runoff 0 water on the site C. GROUbID COVER 1 . Extent of existing impervious ground cover on the site N/A; . 2. Extent of proposed impervious , ground cover on. the he site N/A 3. Extent of existing vegetative cover on the site N/A 4. Extent of proposed vegetative cover on the site NSA D. TOPOGRAPHY I. Maximum existing elevation on site 20 .0 Z. [Minimum existing elevation on site 6.0 3. Hnximum proposed elevation of site 20 .0 4. Minimum proposed elevation of site 6. 0 5. Description of proposed change in topography none E. GROUND WATER 1. minimum depth to water table on Site (et time of filing) N/A 2. maximum depth to water table on Site (at time of filing) N/A 3. Seasonal maximum ground water elevation N/A (Form 3i continued) • - 5 t. WATER SUPPLY 1. The source of the water to be provided to the site Municipal 2. The expected water requirements (p.,p.d, ) for the site 500 3. The uses to which water willu Domestic ti. SEWAGE DISPOSAL 1. Sewage disposal system (description and location on the site, of sXatem) Municipal 2. Expected content of the sewage effluents (human waste, peaticio s, ' Human waste detergents,. oils, heavy metals, other chemicals) 3. Expected daily .volume Of sewage 400 'G.P,D: N. SOLID WASTE I. Estimated quantity of solid waste N/A to be developed on the site 2. Method for disposal of solid west e N/A 3. glans ! for recycling of solid waste N/A E. BOAT YARDS," DOCKS, MARINA$ I. , Capacity. of..marina .(number of N/A boats, , ruaning feet) ` 2. Description of docks and floats (site, dimensions) N/A 3. Description of sewage pumpout facilities. (type of waste disposal) N/A 4. Description of fueling facilities and fuel storage tanks N/A (Form 3. continued) _ 6 5. Description of fuel el spill prevention.' ,_. measures and equipmentN/A J. IMPACT OF PROPOSED ACTION APPLIED Fog ; " . None 1. Effects on plant species (upland and marine) 2. Effects on marine species (shellfish, flnfish) None 3. Effects on drainage and runoff �Preverit Erosion 4. Effects on siltation of surface waters'" Prevent Erosion 5. Effects on groundwater quality 10 6. Effects on surface water quality 0 K. ALTERNATIVES TO PROPOSED ACTION None L. Describe alternatives to the requested action 2. Describe the benefits of the requgOted Timber bulkhead has deter- action over the alternatives iorated beyond a functional use & erosion is constantly occuring. The construction of the stone revet- ment will prevent any further erosion and would be a permanent type construction. IL Y'�II� X11 �/ <, / I ✓ �,pe� 1v�r°^ N 1 ..y � ��,�� f �/ II // 'd85 � A� I •A .k J � I 'V�-lf ♦ ��- � o m - b� ��" "` �• -. - 60 Hr �\ _ NTE IAIM 1i, V 1 �i _ 0000 ally I I; .s `W M92 0 8 1 BM 3000 I 1 IL Oo � e r L 0 L.er ° I 1 9000 'i �lol BN'L86 •LABW `B - s�� = a 46 �� J.h a �' \. _��(�i \$I M0 SC2 \ sm 150U ola L ;df eh� / 1 1 1� A�✓ '..� \ --�1 Irk' AILAVAfA� . ♦si /�)✓✓ �B �\ I� � "" —� �\L..\V, �Ls �. �..'r < �n it �L ('... D t u �� JL' �� I _. L A / IW \ R r � I /S ..\ �\ C % !/ i� 1 < �.t�1i kh A \.I ti 7000 jV� v Ly�,�rNrECSWN1 a vvIVI/v 1 1) r .rr ° � � r liI f s `'o_ T 2oaa �V aalA \< ��V/ � �i j w"Il ame!// I�Cem. \ � ��.,G)If p gn�\ Ir.. 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'� 1�� A fFA r �� / d 27tl BILRk -nir A7 \_ � � &� �4707000-N ' p!'=•-.-- 1 . l/I II r., I ) ( rill � l A,� � ��3` � � YNN)K/41 1.aNN z s Mr. 55' 843 1 344 6NT.a OR oeoLoe c.. ,ITST01. 42'30' 1:25 000 S WAMPSOOTT 2.3 Ml. 345YT`E 70°52' 30" n `� � 3 MILE ROAD CLASSIFICATION v — Primary highway, Light-duty road, hard.or �@ 3000. 4000 5000 6000 7000 FEET g Y ' hard surface..... improved surface... . °aFi _ D 1 KlLowereR Secondary highway, se o hard surface _._ Unimproved road.... _ meso IERVAL 10 FEET LT VERTICAL DATUM OF 1929 Interstate Route �n ��U, S. Route State Route TIT FEET—DATUM IS MEAN LOW WATER MASS. THE TWO DATUMS IS VARIABLE q E APPROLIMATE LINE OF MEAN HIGH WATER 1 DE IS APPROXIMATELY 9 FEET TIONAI. MAP ACCURACY STANDARDS QUADRANGLE LOCATION SALEM, MASS. AL SURVEY.RESTON.VIRGINIA 22092 N4230—W7052.5/7.5 AL'S AND SYMBOLS IS AVAILABLE ON REQUEST Revisions Shown in purple compiled in cooperation with State of Massachusetts agencies from aerial photographs taken 1977 and other 1970 source data. This information not field checked. Map edited 1979 PHOTOREVISED 1979 AMS 6869 III SW-SERIES V814 / $TALK STACK A o • M I \ \ \ 5 I vv' ..9 14 xoexa as FE �D� I EE �U;��Y�� Cove V:IInCe �. Imo, �✓ %/. I� �� 7 e �. r fl 4 .. 1V 6 ` IB 7 D_ 1\ �u -- �� ] C D '\ / .r R„ P/peline Area J VERT CLS fT ��/ \/ �. S °e '�� 7,5, r 2 ✓' a < n ..I J.. 5 :4S / C� /"' I6 13 OVND PWR CAB �a /'\\/� ` / \\Q. I xl§I,_ye r 113 I/, I6 6 I6 % 6) ° o r ale A�� .¢r.a � ', ' • •'4• W01], v" `LA' * .RmI�Rk ,6'q� .r, - Mlee:vesn at I", 16-i9 12 y is ` n 4 5D uQ !�i r � F- -_V__� v xr•• \.0 �I rt a':)-. "i 1E 29 24 10 :I I'.'.Iy 26 L 23 6F II 1 _ 5 AUix CL a0 FT SPIRE o _ 10 22 23 B 6 De(vver`eDort' 7 e € 16 G/. F 183(1 (TALLEST SPIRE(: _ •� m ....3 _ 20 4qd _ 01�a aNasP Y_ �ro n3 16(� 7 0� rnL-rr Rax - " A r .,16 G3 2] 14 .13: A C'9`.:.. Q v I25 ]4: 23 2 'J4 k 5 8 .. 'T.. 'N%O ...... 18....�.,_. * �Wi " eAmcE pr li/.f JA`' YO Q �� %aekerel Cow'... .. _ 'z _6 Grs...../ ] ,7 . , 29 IB 16 1,2''S:.' 18 '29 24 c,i C'7� . D �. ?' . .. n �.' BIOII 15 -- _ Q.- nry 2 0, R. B /Q�''..... RT.eL.6ET.S a •/J •• �/C 9e �___-33 VLedoe 11 .,Y xlB.ii: L..r /�'/ eq eaO� r D �O�<" .. ....+ 3p ] { �,OJ! 4 16 2 3 .Lo„ t u p 2, 17 n1,ae. 20 23._ e ` .J.': I I Jq ID 4 34 0 R 2'N' _TAD ... ' 41 - EAlae al ♦ O� 1?13 �rr fir`\ w9 s! �� ... sL ._ 3, 6 -.3 ___ Cb »> .� P'le . ' ,. .. 4 S 4. aT"'� 3 � 9 ...... Wafer �6_I [s 1'. swlnc eRlocss DO D.•t L Ob r _��♦ - 5 1 _ 26 s m �"L 2x T:. x.b. Qa xOR CL afl Fr. D.: tea- r t C w a_.,, 0 ._3 35 38 42 -_ _ Af v6 v4 � �-20. `. 5 3. �F<mc SALfM ANNFL / 40 I /S a P :t\� ...0 9 Q...' C's //15/::,.'(,�+ 26 2B' ,.,g 35 32 35 33 .v2 Rk�o6 /a�� _ .'2 .' a VERT CL 3 FT l '_ 0, 3+_ `6 �FI�Ra ac 2:3 ¢ / qq r 2.. ..20. _/,�F"2 n.d 4 8 35 3 28 ovxB PwR CAB J tie e-y. R 10 33 '<4 N 4 19 : '25 2B_ 35 Gk n :24 ?YO qG a.er 35 TACK `a DLable .17 C 5 R' > Q 2 . �« 4 1 20 1/nal S/ fir 36 25 - 0 i9 R W 2{ 6 29 61 54 + 9 AULH CL 85 iT N 8 _ ]4 :9 'l" 2 24 S Sr !l 32 - 29: 36 32 M b. LArae .�N< ®A®� R J°' 20 '� 25'.. 29 5 f f xLedae h :' 13 19 21f ar Lreve \r\-- .., S& 1L ®.' .. .c'cls 'In KA b L6 31:30, al 0 TR sr - y 26 21(22 Ser y g0. j: .'72 721 i sA Aro .. M 10 J 0 , •• R `:i R 19 i N/6 31 j t 38 40 21 "-,v OS L bl6 N? 7 N2 1� lK 4.. 23 23. A 25�N'18n1`'IB` 25 /c 5arl/3276 q t. : 34 3 ....25. 33 40 40 42 26 LI 2,J;4y LJ 3 Re • Z .�: UI 14 fQ7 ( 'C 9. 3 .I 22 27 29T,29 _ 15.: 06 l D 19 R2 414 ':C Lin c�4 �y 9qQ N Roi 21AN2 31 5 2 4 23:' 39 G8 -32 a8 6)1 a IB 1 1 3TR5/\ _ r9 t13 25 xv+11'. j. -13 15 \L3 20 24rIRy?„l6" v 'hd 26 41. 20:- 40 44 56 S�o D 10 O17.... 1418 .1. ( I_ a'/QJ „l3 \ J 2S „ 9 10 23 13 .23. 27`..� �ry2 .7 :IG 20 ,...17 16 R \\o B as P� M '. e a 2J 12 16 N"e" 45 58 7_ 13 SALE SOUND ems{ ovND.PWR cA6. 'y I )L c 15 n; x4 Z7 \Bn • Yech '6 .I 10 �E°30 S -R d.9 14 6 L"J„ 4 4 39 29 a .,la. Y D AUTx.CL-75 FT. TR. / r• Clue j b L 4ann. 2 I ]I .: 22 \TR 'RR".y (/ -/P d`' 26 2/ :'e r21 37 M 46 47 R ' asm" a.a IO ,4 M l JS �fil rl 1 M 3 rFY Vv _ GJ * m 1 '...10 \ Q "/� *" 1-* 27 - 29 /i 8- tom: Mfr :'LF- ^" i�'n 7 qa.o Ark 42 41 50 S3 Go O ...2 \ # od 5 121.8 29 /�Ppe�eA ea 21 5 X14-1 42 45 38 4030. 371... - b�o.P/ wR.cAe F.1. 'K .. 24 .N•y ,9 x-'21 7-" 5 35 R� 1] 33: 28 N 4 _ PEABODY u TOWER 6: TR mwP # 43 46 429YS. 8 I] 36 54 R ��✓ con 1F 9' 21 20 /1 / 25 8 FO 10 15 20 3 M 43 22 20 Y a O !F 'E �� LF4'L"e G I 14 .28_! 22 C «h ae s„ L 6 .1Y 2 /y0 / - 7 - 17 17 ' 44 46 16 24'. 48 �� /DO Doo O oO :II c yr LHk M R �:-16 IS ... 14 .I] .. 54 m IJ 'n P - : \v/ OE N. 4 I 45 N 6 11 24 24 o a 4' I: .nm S`t o x` do 2 3 3 .. 8 tti 6 i0 22 23,' 'Ary 16 Q O �x :! at .. /5 x ..22 �1� 2 6 9... �b Grs: 6 M .:14 "i 48 45 33'. 8 p 14 Iz: ill 13 I7( R .. /\O I 9! 3 42 Sa le B¢r - Fy' S3 43 (6'22 �27 17 10 15 ,a• 10:' 6 171917 [[ c aevTB �L„5„ M g lg w"P� R2 e�j I 1" zo 9 15 zor E..3E �0 ne f OD DDDoDo { 1 x 3' Y /v0 a 16 31 L. 13 .2G + IS 51 TR 15:'20 E0�/'23 22 +N kd4e a10; 12; 2 14... 49 4] 44 2 . 10 3 28: e `.2' 13 7 36 10 14 h2 D (Abana LtNl / Y l 9 '.3' ..:'ifi E' P �DD R W x`4 (+V 14e vdR W 19 ;17 19 0 0 `.I" 12 f�rF +Coney Ledge M 14 ..E 41 I 7 North Salem !,i sTACNs . 2 1 V Ram° [ 2z a to M r 6 3 .o Isl .1 * / zo .3z / o \ . ® �, 2 y x• 1723 l 8 Ba ' ,Y: 16 5 RE b 7 16.: 40: oOD DOME R, ®• 10'.4 (41 8wI $ / r;, 22 2,roRk I6 Rk.4 Rk 10 I IS 16 h l9:'. 1114: 25 ':49 :30:hrd 3g 9 ** 54 \G / ZEB O O D • e• 7`. ] fx 4,._. II ' � / ae 2/, 21 s _ Io 5.. 23 5 :] Itp 1 . 29:' 43 8 rh nn 46 52 rkY GPA / Ty , a�D�D DD ® \ 1 ...R 8 RE R"22 2221 /. I 23 22 EL N„4 w20 25 20 II i 20 6a►YR ' 9 e 20 �4..2F {I4 45 45 <2 17 M emaenal Rh PRr37 0°50 8 13 Ok FIR / /.. . . D 6 26 17 13 27 / ev. 9':' C"/ 15 7 IO '4 47 �(/�/ ,LQ' OO C ®® ' 9 12 i20% /25 pA 26 23 20 9 22 :. ll 44 45 M 49 R4,. 33 $ 1 b 33 TOW ER�oDD�o�✓ ® ... // 13 ] I� .14 15- J5 19n 19 RW 158 / hrd 13 14i LE A 61 5 15. :e �.'b. 12 ....4 21 49 1 • 46 37 �G l�Bri 36 30 .. i a ' 9 23 14 9` F1 Rasec R enmbtea �� DD ❑ �0a REO 0 1 33 331�3T PpA 4, 9`. . t R+510 i 3'' 34 xa 38 6 2G. Y 1 ✓ 23 .' 16 M 'kYlB w44 M ,P`' S1 00'2 rT(awash afMLW) ,,-23 \i/' - p., A 9: 7 16 26 >.I B. ey 4 l x 50 30 ,. /. 31 37 37 /\ Cade Aree A 5.4 2 $ ♦1l'! Qk FI G 20n 36� 3 4 10 9 7:.. 40'- 50 2s.6 37 . 29 34 ❑L�� T� 2 C25 8:' � :19 "2332 15: 5:S e4•� e �m ..] 9151 r 13 6 .tea S� 4 14 Ifi" J 50 26 9/ 37 n swr 's 4 L\ 2: 50�° ' B +� 2 d:' v I: eF/asec ). - 35 3 t a e 4 oe M a 7 e DD4�D O rRW 6' o .'26 / 26: rky 37 WARNING \ \ / \-swln BRIRCE 6Frr�•9 75 6 IS 21 SET.. _I A.ad ` ql tit ..Bn `i-e @ 50 x/t / The prudent mariner will not rel solely //,\\U// \S A L E M Noe cL as FT> ® \ '� ' 5 14..'Ip: 21; 0 // G O.j A,\ �. py 1 *'.. A�7 `af 48"'a<<r. 4 49 / 30. '�S 39 33 P Y ✓ L/ PERT.CL 1 R. � \ �' 8 Sorin 5 R.TRL WEb%1IP30eHz 5 0/4 4 1 g any single aid to navigation, particularly O U srec \) \1 3 2,.SALEM 20 ak':8 D27 PTE' as ,.p:n-� �� o '2833 S1 M 24 y 35�' 3 39 / ` \a \) 41 2 /32 floating aids. See U.S. Coast Guard Light V �Iv 1�l 1 �)\ R '4'; 7 l0 .`14 '°MGis T� 0 o I/ '4 J)� 1•/ 22 �'Y 50 land U.S. Coast Pilot for details. DCX TOWER O \F/R6seajiA RB O.R 21 12: S \P�3ea Pk'� J�� y' / �% * avjl p2 15 8 43 �-r 24 16 II 29 39 30 2, 2 ; 1 UuU_I w 6 19 8 i r� lI. '� 5 65eltn.m&aah c+ 46 15 y 22 23 '6 44 U \� 1�\\1 O IL�I�❑ L l Fx. .y��`�. 4 :6k k 8 •R 2 C \ VRI C a 3:` 6 IS ...42 y - / 4 0 A n 35 2 `/\25 STANDPIPE(\ \ I a � g 1 6 3.k lam\ 50 EIJ 33 42 4592 li 2F O ". T' IJ 34 x' rd 39 36 2 -;� xa "�I I8 2 .24 / er, .. . 4 x44 1 n 6 9 7 26 F 39 /:Ifi 9 3 ( p A 17 A� �PoLiner Cove 537 B a k,P 19 RADAR REFLECTORS L�-1\� U� I MGrs Grs *' O _ ' STACK •1 �ppA. -. 'k31 IB"yFY VA 5 ,< ❑� B (a)S` ./ Oi��rr/ •® Y" ,2:17 r 4 R� A „er Hk ,G 17Y-4+ 9 TANK 6 .. Radar reflectors have been placed on many - 3 B 96. ] 8' 6 Q p 31 43 N'2 _ �l I'49 87 23 V 8k floatingaids to nave etron. Individual radar O F.k6ei F 3 4 II : \ 50 r a 4 +-; g STACK II X .10: 3 4...... IO 16 (i/ y o.rar 17N'2MN' y ...32. 16 + 19 o x 5 4 59 C' 52`..��ese .reflector Identification on these aids has been 0 ' omitted from this chert. i DD� .+.. c . 4* ' 60 _ ' A T- PI 1 2 r7 .24.32 \ 36 rF 38 // hrd lY'.: 10 ',45 55 61 4. 1 Da 9 o Ples 2B' ' STANDPIPE _ L IMx" 37 39 NEW CHART NUMBERING SYSTEM [South Sale>l / / NationalOceanSurvey, in-coODeration DOo� OU BGrs 4 /, QC D4 9` 290.Tb31 .2g 16 �C/" 36 IQ' 68 69 p the Defense MaPPing Agency Hvdro a, ' a z _.^ ,- x CJ's;i 29 T, z5 c d Rh IS /15, 40 46 37 41 ,r< Q 157 CH.TOWER ' - ......IIEA023 6 _ l rF 76 w Center, is ch the DrOCess of ad ODting (�7�j� r\ 1 3 14 W,t To..n� I� 31 a' F G 130ft 10 Id IIJ:y 1iag, 44,r6Y 22 49 37 y 79 w national chart numbering system. 11_J�1-�/ ( y��ppaker.nQ Fk: 2 L'"neing \ 1 /�� +' 6\ D p°" ,57r Notice to Mariners No. 19, May 11, 1974, o Q �D 1�// ��. '2 till ,ct 23 21 /° "�.PA34 53 4c Re 69 autical Chart Catalog for cross refer- 1 n1 ,� Wx.' MAR BLEHEADD�> 3 e . Is, J � .I, 13 3s 15�Re 27 r 6z 0 \ 1 �/ � CN TOWER a1V V � < m a FY 22 41 /Uk AB 55 63 JL s of old and new chart numbers. s v - 1 eBR 1.t \T5 24 l,"27 ti 21 13x < t k i• 25 12 T, -\k rl.l.h.,.a nk L9 50 �.` srF. 7E T 2 5 Chart Number o •�,/ V'� - O � � � / s ��,- 53 5 -, .� l �.OMt 6 iF it ,_I� •/�(, N* 0:: r� nl�r ,Z�'. 32 62 ' -_._ -_ 75 NEW System Old System C� C r. A 1 ,G,^. a:?:. O OWER X16 g 24�26 ue 236 /vi i5.?R29 42 . .hy 46 33 49 _ 13276 ma U ."� ?0 p9`. JS 142. 7E I£ p / �E3)� eTANDPIPEO D, 22 10 23 - ! 16 3] 126 76 54 __ \ POLLUTION REPORTS No- -� \�('.v,/ PI * v '� �1' ..IC ONICALTOP, 10 9 13 9-tea 27:_ - 4l - 29: -i- 6 .32 46 -4g:^ 2 Report all spills of oil and hazardous sub- \�� -�\ Ial x*'' (� , ��" 40 2.. - w 23'. b / k. 11 24' til _M . stances to the National Response Center via ~ L -� / 191 p :14 N, �• vO35 20:" �6 - 800-424-8802(toll free).of the nearest U.S. �✓ L 1/`/�/� J r0 -3 7J f P� r Coast Guard tacllitY if telephone communica- 1 i J� fes,, l 13 Y� \�1��g - ``��> \//" �/\�\�� C 3pk 2 I( ,6%�l `r�( :Y� 17� 29 21 0' IeJ39 r,2 �'F 48 2G^ 59' r P lion is impossible (33 CFR 153).\ I (� /�� - "-/ ((�[/ '\�'•lso- /1 J `\ ��C i/b 15 19 - o ( i'\l ,Jj 19L13 409 s3 _ ` 1\I ` Y c� o 9 ': 16 6 7:.xt 0 ¢'> �. x tF' 8 IB - 36 F6 ..26 29: r4 JC O 54 _ 24 DDDI4. 11 ,`Q�L • .�` •, rex. a�! rRm M,Rk 29 be Di rr- _ "a� r o �., 1 50 Oev . 16 2S +j)` n t� 50 9 V \ e ' '��_ // r�r i � = i �% �� $end x i NGR - ---- Fop ,v�nrA 2 --rwltiw-�- - - - - _ - --_ - ------- - - - _- .2e ,z '1 l -�_(�..L(-1 CL--/`7i_�--�/_`�+ v`--�-J�l!f:.Lf b_�l�' Qf'�✓/_�-TJ_�4�?�Li�N 7Q(/) _— � -- - 14 ----,6 g Vic_e tiz N vc_ T IL-4 0-IF-P a ilia —c"----/�? I'----_-- _�--------- --- -- - -- -- -- ----- ------ - -- -- --------- --- ------ ---------- - --:T_--- .2 31cK sh�9 � h --7 Y S-- IQ-o_.x d--- _br R-- /D�0_fy` L✓c_a_�J��/-�-_�/-R c__l� cL�-z �t vrP�gr>" ,- Clew rGi ----- - — - - 2 - VO iw-ems - - - - -- —/Bm-o– r - --� - `�. _.,-- ---------- - -- -- -- ------------------------------- ,.�,- � 9 _ _ i � i __. _ ___ __ _r__ __ _ _ pyo f ' a .�- a fI F All moi✓ i �Z �T-'\�'I�}. N q` a VV • .per �� vi R."'./ A d LOCUS MAP U J o bre4 trcAL WOTC51 x f - d FOR REGISTRY OF DEEDS USE ONLY J OArTE(L Y>Aa r-AcL M II,J I cu 3 Barry v- 'rgoNT •FACE SLIGNtL-( log 12 - 4 \6.S } -I:' TS7Ai ._.,ter i-:%� C.{� ;�.•J.'•.]i b - 5AGlLf)LL WIt4 cLIEAN G¢Avcc. tiuD OR GRAflRP - • •:---, ,.- _,.,;�..-:., _, .. i 2 NH ` STONE AGh)W5'r A:pp2oJVV FtL?CrZ- CLOrN 0 N ¢ F +} 35 peg P7//c ^' l�55 tIkPN Ie SLdr2 - Zk. G W H._ S Z y IN / 0 U n co /p E!3(5 M FILrE rC ort} r4ioo ° o nl 3AcX. FA c¢ w/ �' Ii old Lo-Ts 2a4z9 13ACkPILL DI 10 2+yl�ooY �.F• e = M11.W. 8.$ aN 83.85' '9G Mi (nI I" u M i 13 ATrE rL L o z 2 'T O4� ZrMI vsaTu� C _'s `sqN ow wa rE¢ TYPICAL `CaOSS SECTION \c` y HI,J� SITE PLAN f�T_v ,, I IZ " of 1 + I SrcNa x'_40' 0 24 8' PLAN TO ACCOMPANY PETITION07 6 PLAN TO ACCOMPANY PETITION OF `•"�� ^" ` "� CARL DECOTIS CARL DECOTIS TO CONSTRUCT a MAINTAIN TO CONSTRUCT a MAINTAIN A STONE REVETMENT IN ST•ONf. MASONrVf SEAWALL / SALEM HARBOR SALEM MASS. SALEM HARBOR SALEM MASS. CARTER 8. TOWERS ENGINEERING CORP CARTER 81 TOWERS ENGINEERING CORP ,L 6 FAIRVIEW AVE_ SWAMP SCOTT,MASS. 6 FAIRVIEW AVE. SWAMPSCOTT,MASS. 6/16/80 GA6/80 PURSUANT TO M.G.L. CH. 131 S. 40 PLAN TO ACCOMPANY NOTICE OF INTENT OF NOTICE OF' INTENT FILED : CARL., DECOTIS PUBLIC HEIARING HELD ORDER OF CONDITIONS ISSUED TO CONSTRUCT STONE REVETMENT in COMM. OF MASS. D.E.Q. E. FILE NO. SALEM , MASS . SCALE AS NOTED JUNE 1611980 CARTER 81 TOWERS ENG'R. CORP 6 FAIRVIEW AVE. SWAMPSCOTT C•v 4� I. A 1 F 1367 3 Conservation Commission Salem, Massachusetts 01970 Telephone (617) 745-5056 ASS CITY OF .SALEM CONSERVATION COMMISSION WETI-4NDS HEARING A continuation of a public hearing will be held by the Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request of Carl DeCotis, 35 Belleau Road, Salem, Massachusetts. The purpose of the hearing is to explore the effects of replacing deteriorated timber retaining wall and installation of a underground 4,000 gallon #2 fuel storage tank. The hearing will be held on Thursday, July 24, 1980 on the Third Floor of One Salem Green, Salem, Massachusetts at 8:00 P.M. Bradford Northrup Chairman J. ..x. �,� Y��E c�y�� .•m.� ays �.a a_ LL �,TT �e�6 boy �+w'" �t��<f 1yt r�+S ,�} N 2"'- . v r u Y n CC O J U Q J d /� G _ _ ,y7 r'F C^ .. v r U Y n C O O U Q J O y ..i fr �v "s ��.�� U Y (V [L O J 0 U Q J O ,._ '��. :� ,. �> �: �Y �.Z� _ 1�:�: _ �wT�� _ - 1 W Y �'I �:. � I ��`� h`�'Y fY� 4� F•� k �� r �, l�t tr� �� i�.i t-� `�iY<M1.�F,��ni+r�?".+ �+ l r2 0 7' a��. 9.. �* t ,�� 41M1 �« F\fir 9 \ ,gC'IY��. f' `.,1 ,� _ � .�.. , 5. .. .a � \ \_ . v ti Y h K O J O U Q J O o. June 18, 1980 Planning Board 1 Salem Green Salem, Massachusetts 01970 It has been observed that the owner of the property at 35 Belleau Road, Salem, has been filling in the land on his property with some fill extending into the water. It is requested that the Osgood Park Neighborhood Association* be informed as to the legality of the present filling operation. It is also requested that the Association, as abutters, ..be;notified when a permit is filed so that we might review and comment. p, Nthun 7, FCAA J President Osgood Park Neighborhood Association (, Savoy Road Salem, Massachusetts 01970 *Osgood Park Neighborhood Association is an association consisting of the 60 families in the Naples Road, Hemenway Road, Savoy Road area. r June 18, 1980 Conservation Commission 1 Salem Green Salem, Massachusetts 01970 It has been observed that the owner of the property at 35 Belleau Road, Salem, has been filling in the land on his property with some fill extending into the water. It is requested that the Osgood Park Neighborhood Association* be informed as to the legality of the present filling operation. It is also requested that the Association, as abutters, be notified when a permit is filed so that we might review and comment. 7 V7 President 7 7(,/ Osgood Park Neighborhood Association t` 33oo Savoy Road X77 Salem, Massachusetts 01970 *Osgood Park Neighborhood Association is an association consisting of the 60 families in the Naples Road, Hemenway Road, Savoy Road area. '^e i 9_7-_'SY �TrN 14. ,� 3rcuE. Q�lGT MF,+T '• r - Al o ,v Q 49 4" LOCUS MAP AP 1 - 1'eov gIONL FOR REGISTRY OF DEEDS USE ONLY J X3.0' N g•o,Zt>�o = ./nQILOULo 'b��y-3+.2A S.S �- C r ,r ,•Jl ryli r 12 ,: 10- � ' ? V!,' ,. N o NLq ~ u Pi % . e SToUE QEyETn1E}.1T A, °30 M t+ N o0 � L Lo'TS 28 , 29 �— W Z3��ooYe.F• � � I III II III = III ,. o M.q.W. 8.4, aN ��< ci¢eNULAe. 3E.��l.�cj IIo .� a3.s5' FqG SF ° __!! �a 111 IV III _IIIE — Y rI = Z — vsaTint TYPICAL CROSS SECTION SITE PLANid MEEMMEEW µ'ms 1'=40' 0 2 4 8 'mm PLAN TO ACCOMPANY PETITION 0 2 e0 PLL`MN TO ACCOMPANY PETITION OF CARL DECOTIS CARL DECOTIS TO CONSTRUCT a MAINTAIN TO CONSTRUCT a MAINTAIN ' STONE REVETMENT IN STONE REVETMENT IN �,��/ 'F•✓" .. SALEM HARBOR SALEM,MASS. SALEM HARBOR SALEM,MASS. _ CARTER a TOWERS ENGINEERING CORP CARTER 8 TOWERS ENGINEERING CORP / 6 FAIRVIEW AVE. SWAMPSCOTT,MASS. 6 FAIRVIEW AVE. SWAMPSCOTT,MASS. ' 6/16/80 6/16/80 PURSUANT TO M.G.L. CH. 131 S.40 1)E PLAN TO ACCOMPANY NOTICE OF INTENT OF NOTICE OF INTENT FILED : / a2nnE PUBLIC HEARING HELD / CARL DECOTIS ORDER OF CONDITIONS ISSUED �, 'g°`�� _— ugwseuo cotip�7En ,-- TO CONSTRUCT STONE REVETMENT in COMM. OF MASS. D.E.Q.E. FILE N0. coitipncjeo� r oco ani. IL g 3 m. . t I�fGAF,�L/,AEL5A1TKu 4� SALEM , MASS . 16h• 6e 01 h"Wt opt tis 12, 'agLETia vow"(aeen'o) SCALE AS NOTED JUNE 16 , 1980 CUjSItpE� u '4"sN[LLLNEArJS. loco EY2Ent1U2i1P�UCkLE q" cI4SEfJEE11.1we'LICLILEA is yerLcvl 014 VE-scFTM- it i 140CLLEoLT70440MAe CARTER 81 TOWERS ENG'R. CORP REV. 7/3/80 J navel la eEa'n.) �f000 s4L@ 0 w ?•snuowst,lacl. 54 OnLjjo+4aacsAe I — ,¢• sAuocusulau -- uooLr4@e- �6¢em'o� 6 FAIRVIEW AVE. SWAMPSCOTT - : . n, i_ 1?•GO:1G sLn5 • •' ems_: '" '••�_:•' eL.". ',-n' f. i EI- • 10.0 ..':. a—.e. � QeL 10.0 . i.i-aAyrt.0 _ s:•: :..•.. 3000r�fS/I /tilX U ' .•.• .. ;,r. .•. .. . L 5C)O i SI /4t„ illl+' NIl Ill ! I' / QEIArr13+GG-GG LeveLw>ns(Q�3[pSOIL QE/AE5.11�66-66,SEj IV Ia VELt)A1DISjt2UG�EDSoIL I? couc.sLng M `4/�/'' 5E1�A13¢IcoticllAl¢5 OR. Q."tjiED fhGabVEL fAg¢Icoucunlvs@re'tllclt o24"gEDpEAcr2mFL 30001X1 /my / °t+lcu. ca,lpAct 1095°�/AAX DEUSITY• COlApGCt j0 95°/a/AAX.DEu511( 8=0"z , _ CQoss SECIIOIQ 1Uau TAME SECTIN Al TAU, RID SuLt: 14.1-0 SuLss IA. 1-0 F 13673 � c YZI _ �� .li/iri�Gnrn/� (nirnrioimvnlir��Gii.il� (��rirrriri� a �, `�N ft '� . ,��l��O�liio .�7)r.11o/i - ./Inilr�i v.1/ •7/,r¢ron y\ 4 ANTHONY D.CORTESE, S,O. '� �� /% •71r,llon. //rrr/, ��/�i�ii, ��C'JQ/P/// Commissioner August 26, 1980 7773194 Carl DeCotis 35 Belleau Drive Salem, MA 01971 Re : File Number 64-67 Deal, Mr. DeCotis The Department of Environmental Quality Engineering is in receipt of your Appeal dated, August 22, 1980 the above referenced project. This Department , under9thegarding Provisions of General Laws, Chapter 1319 Section 40, will schedule a field investigation with you and all concerned parties to determine if the area is significant to the interests of the Act and to discuss the relevant issues informally with parties to the appeal. No activity may commence on any portion of the project subject to the Jurisdiction of Chapter 131, Section 40 until this Department issues a Superseding Order of Conditions regulating, the activity. Very truly yours , For the Commissioner, Thomas F. McLoughlin Regional Environmental Engineer TFM/Erlm/kmo Metropolitan Boston/Northeast Region cc : MEPA Joseph D. Carter, Engineer Salem Conservation,Commission - please send us copy .of Order of Conditions. r ANTHONY D.CORTESE, Sc.D, 31i /Ki' ComminionecL.0r, r ---- ^ _. 727-5194 R E ._i ,+ ...._ November 29, 1982 ULU 3 1982 SALEM PLANNING DEPT. I Mr. Carl DeCotis RE: SALEM/WETLANDS 35 Belleau Road File No. 64-67 Salem, MA 01970 Notification of Violation of Superseding Order Dear Mr. DeCotis: The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Quality Engineering has received information from the Salem Conservation Commission regarding seawall work you have performed on your property at 35 Belleau Road. An inspection of the wall and a review of our files indicates that you were never authorized to construct a ramp and that no destruction of saltmarsh was allowed by the Department's Superseding Order of Conditions issued on November 14, 1980. In addition, you have failed to comply with Conditions #7 and lf8 of said Order requirin�,you to record the Order in the Registry of Deeds, furnishing a copy of said registration to the Department and requiring you to request a Certificate of gPmpl,i4gpC; ,up9n ,completion of the work. Department files do indicate that you have been notified by the Salem Conservation Commission on September 17, 1982 and October 14, 1982 of this violation of and non-compliance with the Order and that you were required to respond to the commission on or before November 9, 1982. ' That deadline has passed and the Department has no record of any response by you. Therefore the Department is formally notifying you that: A. The Department has determined that you were issued a Superseding Order of Conditions on November 14, 1980 authorizing 'construction of a vertical, masonry, seawall and that as part of this construc- tion you built a launching ramp which was not authorized and not in conformance with the referenced plans; B. The Department has determined that as a result of this unauthorized work saltmarsh abutting the seawall/ramp has been damaged; i RE: Carl DeCotis - File No. 64-67 Page 2 C. You shall comply with the requests of the Salem Conservation Commission requiring a filing of certain forms by December 15, 1982. D. You shall send a copy of the filing to this office and this information shall include a plan for the successful replacement- reestablishment of all saltmarsh destroyed during the spring of 1983; and E. That failure to respond as required will result in the Department referring this matter to the Office of the Attorney General for Enforcement Action. Should you have any questions on this matter, please contact Mr. Sterling Wall at this address or call 935-2160, extension 141. Very truly yours, William J. St. Hilaire, P.E. Regional Environmental Engineer WJSH/WSW/mes cc: Salem Conservation Commission, City Hall, Salem, MA 01970 Environmental Protection Division, Office of the Attorney General, One Ashburton P1. , Boston, MA �^, �-E"- __":),.�U' T.,` � �TO(� .lG�� TArJV� 3= = c ";- L�, : << �,y'��n•(' � SIG�I �nT�. �1A sS EA]G. STE6� 40o0 �7AL SRJr:n�� A�lc Dim. 5. 3 aP. x 24 wFr6«-r Et-sq or GROVtiD 18 0 Aj 6 FLFV. or To;� of � nNr 16.50 C 18'' CovrZ, - F t,Fv. of L,oTro►+ of Truk II Z E�sv, or- leio y--AIZ FwoD 05 ,4 t{-i.w A'1-OK -_.- Tl.t{•w . S.g . r xciavATr0�1 F'o2 �ooapgrlo�l To !_��v . 11• o as �gouNow..r¢r�_ CD .4S-s0KE- WorLST cQvio n( 1.) _ o2_ �3A��AST•� TAJk CoK(p Tg�� suBMFur-o_ II WATER 4,00o - Z4f5 - . . 12 S+t taut%F) = Z39. c.F oc tout. 27.o 239 c S S3 W DTu r USE Z$ 'i( 8.-(ate1=o' R.c 5L411. 28 Lai)G Ftp r , FFSS�OUAL CARTER 8 TOWERS ENGJK CORP. 6 FAIRVIEW AVE. SWAMFSCOTT . MASS. 01007 1-l,....�-._ � .7/e/iarlirzr.2l��(J/imtron-nzrrzCri��Gicrr�/� C�//�rizecrei �; .� ./�%rlrr�o%lime oJloie - �o�l�ii-re.J/ /L�con ANTHONY D.CORTESE, Sc O. '��f°�1bzc ✓° 102 ✓C�cr,� A/1411, Commissioner 727-5194 September 3, 1980 Mr. Carl DeCotis 35 Belleau Drive Salem, MA 01971 RE: Wetlands/Salem property on Salem Harbor Appeal of an Order of Conditions Notice is hereby given that Mr. Sterling Wall of the Metropolitan Boston- Northeast Region of the Department of Environmental Quality Engineering will conduct: a site examination and an informal meeting relative to an Appeal of Conditions of an Order of Conditions issued in above referenced matter dated: August 14, 1980. This meeting will be held on Tuesday, September 23rd at 9:30 a.m, at the site. Sould you wish to present information relative to this matter, you or your authorized representatives will be afforded an opportunity to do so at this time. Very truly yours, For the Commission, William J. St. Hilaire,P.E. Acting Regional Environmental Engineer Metropolitan Boston-Northeast Region WJSH/Ewsw/lad cc: Salem Conservation Commission Joesph D. Carter, Engineer �-A ��- 16 G VO//!.//!.(JAILoF,'LLG/.� __ -= ' .7Jr�rrr/nrr,2/r�r<�ivionnernfii��Giuir!% Cj�frh,rrrii� ANTHONY D.CORTESE, S,.D. Commi,'ioner 727.5194 September 8, 1980 Mr. Carl DeCotis 35 Belleau Drive Salem, MA 01971 RE: WETLANDS/SALEM- Property on Salem Harbor 35 Belleau Drive ._Dear Mr. DeCotis: Recently the Wetlands Division of the Metropolitan Boston/Northeast Regional Office of the Department of Environmental Quality Engineering received your appeal relative to an order of conditions issued by the Salem Conservation Commission. That Order, dated August 14, 1980 allows you to place an oil tank in the back yard but does not allow fill to be placed as proposed for the rip-rap revetment. On August 26, 1980, this office notified you that the filing of an Environmental Notification Form may be required for the construction of the solid fill revetment structure to be placed in waters subject to General Law, Chapter 91 (a waterways license) and General Law, Chapter 131, Section 40, the Wetlands Protection Act. On August 28th, personnel from this office informally viewed the site to assess the need for a MEPA determination. During that visit it was noted that you wish to place the revetment structure on saltmarsh. This saltmarsh is significant to the fisheries and shellfisheries interests in Salem Harbor and Section 32 (3) of the Act prohibits destruction of it. Therefore, it was pointed out to you that your project would have to be redesigned so that: 1. The ripfrap revetment structure is relocated landward so that its toe of slope is at the toe of the existing timber retaining wall, or 2. The proposed revetment is changed to a vertical bulkhead with its toe of slope located at the toe of the ex- isting retaining wall. In either case, if the base area for the new solid fill structure exceeds 1000 square feet, a MEPA filing will have to be made and no further action will be taken by the Department until that review process has been completed. However, if the base area does not exceed 1000 square feet, and all September 8, 1980 RE: WETLANDS/SALEM- Property on Salem Harbor 35 Belleau Drive -2- parties to this proceeding agree, the Department will evaluate the new plans and proceed to issue a Superseding Order of Conditions. You should also be aware that under the provisions of the Act, once an appeal has been made, no activity may commence on any portion of the project subject to the Act until the Department issues its Superseding Order. Should you wish to place the oil tank in the near future, it would be adviseable to write the Department and request that this work not be evaluated under the present file, and then contact the Salem Conservation Commission and request a determination. Their executive secretary can explain this procedure to you. Should you have any further questions, please contact Mr. Sterling Wall of this office at 935-2160, Ext. 191. Very truly yours, For the Commissioner, William J. St. Hilaire, P.E. Acting Regional Environmental Engineer Metropolitan Boston/Northeast Region WJSTH/Ewsw/lam CC: Salem Conservation Commission Town Hall Salem, MA 01971 Dave Shepardson, MEPA Mike Penny, CZM John Zajac, Waterways � R Qg of Salem, Aflaesa ljusettg �.�,,,. . �Tirt �Br�srimrnt i^Iraaquartrre dames �e(_ �6rcman INTER—DEPARTMENT MEMO �hiet " In compliance with' the provisions of Chapter 148, Section 28A of the General Laws of the Commonwealth of Massachusetts, you are hereby notified of the following Code action, which,R1ay , require furthur action by your department. Date: July 1, 1980 Location: 35 Belleau Road, Salem Type of Occupancy : Single Family Residence Individual or Business involved: Mr. Carl De Coutis is Nature of Code Action : Failure to file plans for Fire pep,t.Approval -' Substantial Alterations being done at this location. Requires Fire Alarm plan approval. New 41000 gallon tank for 2 fuel oil, under- ground at rear of structure, Two new boilers to be installed , Other Code Enforcement Officers to be Notified : r : Building Inspector : x No .plans to Fire Prevention for,,;approval?? Electrical Inspector : X To be checked for electrical permit. . Health Department :, Poiice .Department: Engineering Dept : r .-. Plumbing or ,Gas. Insp. o F Other Planning Dept. X To be checked for Flood hazard con' tro'l for installation of underground 'tank.' Please advise this office. Plan attached, Respe tf ly submitted d ,;. Lt. 15avid J. Go gin Salem Fire Marshal .x..•..., .„... .. Fx ^iW Form #57A(10/76) Part F oodoHazard Boundary Map H-01TIE i 6 Panel H & I -05 y Concerning tank location J ' O �f at 35 Beleau Rd. Salm. f y t ZONE B EE ZONE A3 , ZONE B ZONE B s j „�, _.�, o H ,� z r� � � � � y � � ti � o�r �j DANIEL J. LYNCH P.E. x' &C2'e247S'tG�'eZ' Marblehead, Maes. 01945 — ENGINEERING 8 CONSTRUCTION 631.6145 6 Puritan Rd. Sept. 30, 1980 , Salem Conservation Commission One Salem Green Salem, MA 01970 Att: Sue Madison Sue; Enclosed please find drawing changing Mr. DeCotis' s plans from a rip-rap revetment to a verical masonry seawall, stabilized by gravity. Also find enclosed a copy of calculations verifying this engin- eeringwise. Please let me know if you require any further submittals of if I can be of assistance to you in explaining the dalculations. Tha kyou or, your assistance to date. V 'ry� rul yours, r ,D yn . r� �s t 3 tz 0 AY- Q � ccT-1 UJ I �� /= �'-r3 ►�t ala u S. 7�7_a R—�+V5 = o r 3 I t NW-rn AIT-7ZE V- Al-j ch co wc OF ►3o IS F p �ao�o /knr•A_ w ¢-azCV,__,-- Arzrn MoM�,,�r_ LH © x - I�L44 CJ) oa � L r ti.)Q t .X ZU �� tj IL/L,F ;�� uM e �-��►tr� 3 v �2oM t3R�R _ Q QqIc. R 'j (o 4 o i 11 h � i j i I p'�1 0 y� Fel t V r _ ?% ot, s� J a, u �. J o � LOCUS MAP v 4? l,6rlttsaaL �oT�s: x f a FOR REGISTRY OF DEEDS USE ONLY rJAT'T£(1 PSAGK FAcry M IU I 0 3 � BATTLIL FQoNT •PAGE. 4SLI&ptLy loN 12 _F :'.. SAG{-FILL Wltg cLIEhH 62AU1GL g11D OR G2Av¢P ? STOtiH. A(,AIWS-r A17PP-OVZP ( ILTE)Z CLOr)4 r tj Nf. lR55 t+fPN to SLapt 11 Y vJEyy �Cl S v WF� 1 _. At F +tLr - lZ cL.orlt —; 1d rdo, ° F o o ft)A,CX- FA cc W/ a 12 w h,,ye' ,J CLE4 n1 Cq 2Alty�STDNE d to �O'rs 2a 429 Q, gACyC GILL• aW W Z31 oo Y e.P• + v MA.W. N 83.85' .9G Mcnti+NUM i (3Ar"1rI_`IZ oT zrT �q� Z 'M1' � L TagTu� ,s �ss+*+�p►-e wa�ze TYPICAL CROSS SEICTION �Rq �ti N+moo d N.WL c a SITE PLAN V411_II-pll (Jf_c +nI �Zsle- eFl 111 t ; SToN>� i'=40' 0 2 14 8 PLAN TO ACCOMPANY PETITION 0 2 � PLAN TO ACCOMPANY PETITIION OF CARL DECOTIS CARL DECOTIS TO CONSTRUCT 8+ MAINTAIN TO CONSTRUCT 81 MAINTAIN A �'i •, // STONE REVETMENT IN ST-Otm=` MASOHMf SEAWALL SALEM HARBOR SALEM MASS. SALEM HARBOR SALEM, MASS.' CARTER & TOWERS ENGINEERING CORP CARTER 8 TOWERS ENGINEERING CORP 6 FAIRVIEW AVE. SWAMPSCOTT„MASS. 6FAIRVIEW AVE. SWAMPSCOTT,MASS.� 6/16/80 6/16/80 PURSUANT TO M.G.L. CH. 131 S. 40 PLAN TO ACCOMPANY NOTICE OF INTENT OF NOTICE OF INTENT FILED : CARL DECOTIS PUBLIC HEARING HELD: ORDER OF CONDITIONS ISSUED: TO CONSTRUCT STONE REVETMENT in COMM. OF MASS. D.E.Q. E. FILE NO. SALEM , MASS . SCALE AS NOTED JUNE 1611980 CARTER 81 TOWERS ENG'R. CORP 6 FAIRVIEW AVE. SWAMPSCOTT M 'A 4 �� _� F 1367 3 �� C K Al /yO l v sa O SII'1 1 } + •+. `, r//� Ar LOCUS MAP 0 I h &CNIt2AL MOTE'S' x - r1 FOR REGISTRY OF DEEDS USE ONLY 13AT'TFIZ fjAcl FARC M IkI I oy 3 / BATrCiz FgoNT T-ACIE J $LIbNtLf too 17 _ A, - BAGV-fILL WITg cLIEhH G2autt, g1lD OR frRAn¢p STON[ A&AJNST A?PIZVVZV ;71(.TCrl- CLOT'}) r o N ' Q + j /� � .. P�/ �' N j y CIL 1s.� c 1855 T�fPN to s�ahf 4hf/� a - Jwf._ �.. .., \ L 1 Q L f1 IN U /p �43o M .01001h /I +,Lrt. rZ cL.,onj �a ON T.�Aex- F;ACc w/ o� 12 � ] h J CLEAAL LIRA+,lr_�/SYONE aN Lois 29 4 z9 4 13ACk CI LL a w 83.85' qG ►q t nl I►4 U M 13PTYE R. z't O • • 1 Zr�MIN` r1 r 1tj 3t^ � o � q� _ TYPICAL CROSS SECTION ;,Ry •�' d' ►At�1� ' �'.6 ` _�— u..wt_» i._ - - - - - —__ SITE PLAN I/4"=I -p.. � � L I�z I L SroN � S _�0 i'=400 2 4 8' PLAN TO ACCOMPANY PETITION 0 PLAN TO ACCOMPANY PETITION OF CARL DECOTIS CARL DECOTIS TO CONSTRUCT 8 MAINTAIN TO CONSTRUCT 81 MAINTAIN A STONE REVETMENT IN -S 0Nf . MASONM-f SaAwALL. SALEM HARBOR SALEM,MASS. SALEM HARBOR SALEM,MASS. l T '. CARTER & TOWERS ENGINEERING CORP CARTER & TOWERS ENGINEERING CORP ~n' 6 FAIRVIEW AVE. SWAMPSCOTT,MASS. 6 FAIRVIEW AVE. SWAMPSCOTT,MASS. 6/16/80 6/16/80 i PURSUANT TO M.G.L. CH. 131 S. 40 PLAN TO ACCOMPANY NOTICE OF INTENT OF NOTICE OF INTENT FILED : CARL DECOTIS PUBLIC HEARING HELD ORDER of CONDITIONS ISSUED: TO CONSTRUCT STONE REVETMENT in COMM. OF MASS. D.E.Q. E. FILE NO. SALEM , MASS . SCALE AS NOTED JUNE 16 , 1980 CARTER & TOWERS ENG'R. CORP 6 FAIRVIEW AVE. SWAMPSCOTT y FU \ ix [env If CA F 113673 \ f T l�N V / v 41 1-4 LOCUS MAP o N (,ENE2M1L Npr�S: • ,e _ FOR REGISTRY OF DEEDS USE ONLY x d d VA7'TEa 1�)AUC GAcr_ M ly 1 oy 3 BATrCIL FQONT T-/FLS. SLlbµtq loo a _ �} b - giAGVFALL wltg cLIEAH 62iSutl. /iflD ort GRAv¢v 2 ? STONE. A(,AIW5,T_ /k?T2jZ0VW FIC-ZEYL- CL&r)4 0 N 2 � ✓ i Y 35 19.g W 1 1855 t'FPN to st6hr_ PIIW a 30 M o o ° p oN SAcx- rAc¢ eY a o ,j j CLE4#4- C IzA'\f A_/sT0mk 4UI Lo-rs 28 4z9 �"� w Ti AC rl LL a 23,\ oot �F• >N 83.85' FqG 9 N t n„r�u�.r1 'S mATr><rtL 4� I O Z M Itl � TYPICAL CROSS SECTION Aad Y'' �, a, IA..-JL � AZ ll n.� 7S w1sA wl�-.ow wtaT6� -� e o o a �6 1/4°=1 _O„ SITE PLAN f�r=c w tom " of l' + li Src+V� 0 2 9 8 I i PLAN TO ACCOMPANY PETITION 0 L O PLAN TO ACCOMPANY PETITION OF CARL DECOTIS CARL DECOTIS ' TO CONSTRUCT a MAINTAIN TO CONSTRU& a MAINTAIN A ~Z, r STONE REVETMENT IN -SzONti` MasoNrzY SEAWALL ' SALEM HARBOR SALEMMASS. SALEM HARBOR SALEM MASS. � ! •� ' �, "'�.-' _ CARTER 8 TOWERS ENGINEERING CORP CARTER 8 TOWERS ENGINEERING CORP nom" sT 6 FAIRVIEW AVE. SWAMP SCOTT,MASS. 6 FAIRVIEW AVE. SWAMPSCOTT,MASS.� ~~ 6/16/80 6/16/80 V PURSUANT TO M.G.L. CH. 131 S.40 PLAN TO ACCOMPANY NOTICE OF INTENT OF i NOTICE OF INTENT FILED : CARL DECOTIS PUBLIC HEARING HELD ORDER OF CONDITIONS ISSUED: TO CONSTRUCT STONE REVETMENT in COMM. OF MASS, D.E.Q. E. FILE NO. SALEM , MASES . SCALE AS NOTED JUNE 16 , 1980 CARTER & TOWERS ENG'R. CORP 6 FAIRVIEW AVE. SWAMPSCOTT V 'f CAF \hO[.•�-'-tet f'Q. R'j0fi F 1367 3 R )�� mr Fwa�T � ' ' 6r •' ' X X . r„t fa a yo ' �I .r LOCUS MAP I 0 N ! bCr4ZfAL NoTCS' x ` - i FOR REGISTRY OF DEEDS USE ONLY � •_ 13ATYE2 P�ncIC rAaf� MI Q 1 ou 3 / BAtrcrL F2oNT 'FA E. $LlbprLy tog 12 I T?1= a - 13AcV-f,l.l wit4 cLk,arr G¢Avr.l. A1lD ort G•2Av¢v •.. - ♦ ,r , ,r•_ r+� W11-'tet^Ti yas \K• ` ? STONE, A6AJUST' A.-?pj .o\IIAD FIL'rrrZ- CLor)4 ( - o N ~ Id/ J401 1R$$ T4AN to SLdhR' o� 1 Z MIN�• m ay�3o M � C ti "FILrE rr CL-OT-Li — +'o o ,Lr-A ov W r h fie' „/ CLE'A•N. 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C=40' 0 2 4 8 I PLAN Tf0 ACCOMPANY PETITION 0 � � 0 PLAN T01 ACCOMP NY PETITION OF CARL DECOTIS CARL DECOTIS T-0 CONSTRUCT 8, MAINTAIN TO ICONSTRUET 8 MAINTAIN A / T STONE REVETMENT IN SroNF� MASONRY SeokWALL S SALEM HARBOR SALEM MASS. SALEM HARBORSALEM MASS. CARTER 8 TrOWERS ENGINEERING CORP CARTER 8 TOWERS ENGINEERING CORP. 6 FAIRVIEW' AVE. SWAMPSCOTT,MASS. 6 FAIRVIEW AVE. SWAMPSCOTT,MASS.� 6/16/80 6/16/80 PURSUANT TO M.G.L. CH. 131 S. 40 PLAN TO ACCOMPANY NOTIICE OF INTENT OF NOTICE OF INTENT FILED CARL DECOTIS PUBLIC HEARING HEL'.D: ORDER OF CONDITIONS ISSUED: TO CONSTRUCT STONE REVETMENT in COMM. OF MASS. D.E..Q.E. FILE NO. SALEM , MASS . SCALE AS NOTED JUNE 16 , 1980 CARTER 81 TOWERS ENG'R. CORP 6 FAIRVIEW AVE. SWAMPSCOTT CA M F 1367 3 C:ITS OF SALE?!, MASSACHUS-=S i APPLICATIO': RECEIVED SPECIAL PEMIT WETLANDS ASD FLOOD HAZARD DISTRICTS '80 A -7 P2 :4I CITY CLERK'S OFFI Applicant: Carl DeCatis — SALEM MASS, Address: 35 Belleau Rd. , Salem City Clerk stamp Telephone: Owner: same as above - Address same Location of Property: Lot 28 & 29 - Iiouse '435 Belleau Rd. Project Description: Replace deteriorated timber retaining vall and install underground 4 ,000 gal. #;2 fuel storage tank. I. It has been determined b-, the Building Inspector that the above property i lies in the following area(s) : A. Wetlands District Wetlands ( ) Buffer Zone ( ) B. Flood hazard District Zone A ( ) Zone A3 ( g ) Zone V3 II. Information required includes this application and the following additional information (file one copy of everything with the City Clerk and five copies with the Planning Board ; all copies must be stamped by the City Clerk) : A. A site plan at a scale of 1" equals 20' prepared by a registered land surveyor or registered professional engineer and showing at least the following: I 1. Lot lines within which the development is proposed and the tie- in to the nearest road intersection; 2. The location, boundaries, and dimensions of each lot in question; 3. Two-foot contours of the existing and proposed land surface; 4. Location of existing and proposed structures, water-courses, drainage and drainage easements, means of access, utilities, and sewer disposal facilities including leaching fields, if any. Proposed elevations should be noted. 5. Boundaries of all districts, areas and zones as noted in Section I. I ..._�3.?"^ �•.v+:�:� csa.r_..� ;_:-:_a ,an--'r-:a ._. ....-.;:.�:-,..-:a.�cz:_3w..,ss..-•, —.:<r-..-, ,..,ia.,.:.-.•-w.:c�.vv:.z a-s+c+_cz.,c�vcas� -2- B. In the Wetlands District, a determination by cnal.if-ied enginc•ar of the seasonal high water table, performed during the last tO weeks of March or the fir::t three weeks of April-. A minir.:um of two percolation tests for each leaching area shall be performed. C. In cases offlood-proofing or pile construction, certification ,by a registered professional engineer or architect as to the elevation of flood-proofing measures and as to compliance with the applicable sections of the Massachusetts State Building Code concerned with flood depths, pressures, velocities, i-pact and uplift forces, and other factors associated with the base flood Where specific methods or techniques have been previously certi- - fied, the Planning. Board may waive this requirement. D. A list of Federal, State, and other local permits required by the applicant. E. Descriptions relative to all conditions applicable in Section III below. III. Conditions (Complete those sections indicated (x) by the Building Inspector) In the Wetlands and Flood Hazard Districts no structure or building, including pipes and wells, shall be erected, constructed, substantially improved, enlarged, or otherwise created or moved; no area shall be paved; no earth or other material shall be stored, dumped, used as fill, excavated, or transferred; and no sediment shall be caused to be discharged from or onto a wetland, unless all the following condi- tions are found to exist as part of the granting of a Special .Permit by the Planning Board (Use additional pages if necessary) : I A. All Districts: (X) 1. The proposed use will comply in all respects to the uses and f provisions of the underlying District in which the land is located. Yes X No I (X) 2. There is adequate convenience and safety of vehicular and pedes- trian movement within the site, and in relation to adjacent j streets and property, particularly in the event of flooding it of the lot(s) or adjacent lot(s) caused by either overspill from coater bodies or high runoff. I See Plan. — — i i i I -3- ( ) 3. Utilities, including gas, electrictity, fuel, water, and sewage dinnosal, shall be located and constructed so as to protect against breaking, leaking, shortcircuiting, grounding or igniting or any ocher damage due to flooding. (provide details) See Plan. 4. The cumulative effect of the proposed development or use, when (X) pm combined with all other existing and anticipated development and uses will not obstruct or divert flood flow;- substantially reduce natural flood-water storage capacity .in the local drainage area; destroy valuable habitat for wildlife including fisheries or she__fishexizs; adversely affect groundwater . resources or increase storm water run-off velocity so that water levels on other land are substantially raised or the danger from flooding increased. Not applicable. B. Wetlands District: ( ) 1. The proposed development or use shall not include the storage of salt, chemicals, petroleum products or other contaninating substances or discharge of any polluting liquids or materials into streams, brooks or wetlands. (The polluting effects of substances on the Wetlands are to be gauged by the "Rules and Regulations for. the Establishment of Minimum Water Quality Standards and for the protection of the Quality and Value of Water Resources" of the Commonwealth of Massachusetts. ) Not applicable. -4- 2. 4-2. The floor level of areas to be occupied by human beings as living or wool: space shall he four (4) feet or more above the seasonal high crater table. Dwelling sill is elev. 21. 55 100 year flood = 15. 4 ( ) 3. If the bas-ant flour 1_ev_l. is bejnw the easonal high water table and affords the possibility of human occupancy at some future date, aitnough not originally intended, adequate perimeter drainage and foundation shall be installed to with-- stand ith-stand the effect of pressure and seepage. Furnace and utilities are to be protected from the effects of leaching. (Provide details) Applies { ) Does not Apply ( g) ( ) 4. If the lot is to be served by an on lot septic system, the ` - leaching area designed for use, as i,.ell as a reserved area for future expansion or total future use, shall be plotted with dimensions on the site plan, and the leaching areas shall not be constructed where the seasonal high water table is less than 4 feet below the bottom of the leaching areas. Applies { ) See site plan Does not apply ( g ) C. Flood Hazard District (all zones) : ( ) .1. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for residential uses shall be at or above the 100 year flood level. Existing construction not applicable ( ) 2. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for non- residential uses shall be at or above the 100 year flood level or the structures shall. be flood-proofed to that level in compliance with the applicable requirements of the Massachusetts State Building Code. Flood-proofing measures shall insure that the structure is watertight and that structural components have the capability of resisting hydrostatic and hydrodynamic loads and the effects of bouyancy. Existing construction not applicable, _ I D. Flood hazard District , Constal_ liirh Hazard Area Clone V3) : ( ) 1, New structures or substantial iriprover;ent.s sh:,l.l. be located .landward of the reach of Mean high ride. TIOt ( ) 2. New structures or substantial improvements shall be elevated on adequately anchored pilings or columns, and securely anchored to such pilings or columns so that the lowest portion of the structural members of the lowest floor (ex- cluding the pilings or columns) is elevated to or above the 100 year flood level. Space below the lowest floorshallbe free of fixed obstruction. (Provide details) Not applicable. ( ) 3. The support of new structures or substantial improvements shall not be, in whole or in part, by the use of fill. (Provide details) Not applicable. i IV. Procedure The.-Planning Board shall, within 7 days after the filiug of this e co of said application, plans and all other application, transmit on copy pP submitted information to the Inspector of Buildings, City Engineer, Board Engine- of health and Conservation Commission who may, at their discretion, investigate the application and report in writing their recommendation to the Planning Board. The Planning Board shall not take final action on such application until it has received a report thereon from the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission or until thirty-five (35) days have elapsed after dis- tribution of such application without a submission of a report. The Planning Board Shall hold a Public Hearing on said application as soon as possible after receiving the above reports, in accordance with Chapter 40A of the Missochusetts General Laws. The Planning Board shall notify the applicant in writing of its decision on the special permit. The decision shall document the proposed development or use and the grounds for granting or refusing the special permit. The L Planning Board may, as a condition of :approval, require that the appli- cant give effective notice to prospective purchases, by signs or by recording the special permit at the Registry of Deeds, of the wet- land or flood hazard conditions associated with said promisee; and the steps undertaken by the petitioner or his successor in title to alleviate the effects of same. . Signed r/ Title Date *` �� A•CP�D sit jJlattttiu$ P- uartl `L�� (ane �ttlem (Preen REQUEST FOR REVIEW COMMENTS SPECIAL PERMIT t DATE: July 7, 1980 TO: ( ) Building Inspector O Conservation Commission ( ) City Engineer ( ) Other: ( ) Board of Health Attached please find the application referenced below. The Planning Board requests that you review this application relative to Section VII of the Zoning Ordinance. We would appreciate your completing the form below and returning it to us. Notice of the public hearing for this application will be forwarded to you. ( .* ) WETLANDS & FLOOD HAZARD DISTRICTS CLUSTER DEVELOPMENT PLANNED UNIT DEVELOPMENT APPLICANT• Carl DeCotis PROJECT NAME & ADRESS• Retaining wall & Fuel storage tank Lot 28 & 29 - House 1135 Belleau Rd. CONTACT PERSONS AND PHONEc Applicant: City: COMMENTS DUE BY: Public Hearing: August 7,1980 (Failure to comment within 35 days shall be deemed lack of opposition.) . ( ) Concur with proposal (Explain on reverse side) ( ) Need more information (Explain on reverse side) ( ) Cannot concur with proposal (Explain on reverse side) Comments included REVIEWER`S SIGNATURE TITLE DATE " Conservation Commissi®n Salem, Massachusetts 01970 Telephone (617) 745-5056 AW: CITY OF SALEM CONSERVATION COMMISSION WETLANDS HEARING A continuation of a public hearing will be held by the Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request of Carl DeCotis, 35 Belleau Road, Salem, Massachusetts. The purpose of the hearing is to, explore the effects of replacing deteriorated timber retaining wall and installation of a underground 4,000 gallon X12 fuel storage tank. The hearing will be held on Thursday, July 24, 1980 on the Third Floor of One Salem Green, Salem, Massachusetts at 8:00 P.M. Bradford Northrup / Chairman I P20 3-763706 n801 July 21 , 1980 Conservation Commission 1 Salem Green Salem, Massachusetts 01970 RE: Conservation Commission Hearing of July 10, 1980 concerning Sloping Seawall on the Decotis Property The Osgood Park Neighborhood Association desires to go on record in opposition to any seaward encroachment with respect to a sloping seawall. We believe that a seaward projection as proposed would result in a pocket which would not be flushed out by tidal action. This would cause the seaweed and other debris to collect and decay resulting in an odor problem similar to that experienced in the Lynn/Nahant beach area. In addition, this projection would cause a change in the current pattern across the Osgood Park beach area which would adversely affect the beach. We are concerned, as a much less ambitious undertaking at the end of Fairview Road several years ago significantly changed the erosion pattern at our beach such that the drainage outfall pipe is now completely exposed. The Osgood Park Neighborhood Association is in favor of a new seawall either vertical or sloping inward from the base of the existing wall . ARTHUR T. FARLEY President Osgood Park Neighborhood Association 17 Savoy Road Salem, Massachusetts 01970 cc: Planning Board 11 Hemenway Road Salem, MA 01970 12 July 1980 3G' Conservation Committee City of Salem Salem, Massachusetts 01970 Re: Conservation Committee Hearing of 10 July 1980 1) Sloping Seawall on the Decotis Property at the end of Belleau Road. 2) Notification of Abutters. Dear Committee Members: I am opposed to any encroachment seaward with respect to a sloping seawall. I believe that such a seawall would intensify the stagnation of the eroded land area adjacent to my property, as well as change the current pattern of flow across the beach at Osgood Park. An Army Corps. of Engineer' s study should ,be conducted prior to issuing of any permit to construct such a wall, inasmuch as a much less significant unauthorized change at the end of Fairview Road several years ago significantly changed the erosion pattern of the land adjacent to my property (north side) and significantly changed the flow pattern across the beach area at Osgood Park. This change caused a much greater stagnation and erosion pattern of the land adjacent to my property on the north side and a serious erosion problem with respect to the sand on the beach at Osgood Park, than could be expected. Please understand that I am absolutely for a new seawall, inas- much as I realize that a new wall is required. I do believe that a sloping seawall (rip-rap) could be installed without encroaching seaward. This wall could slope toward the pool area on t e west sine of the property up to a point where it would meet a vertical wall to protect the pool. This vertical wall would be almost completely above the mean high tide and would gradually disappear into the sloping seawall, as the wall extended eastward. On this basis, a properly sloped seawall could be constructed to protect the property without any additional encroachment seaward. The abutters were not notified of the 10 July 1980 Conservation Commission meeting concerning this matter. As an abutter, I Conservation Committee 12 July 1980 Page 2. request to be properly notified of any and all committee meetings concerning this matter. Thank you for your efforts concerning conservation of our shore line and beach areas. Very,Iruly yours,, Patricia A. LaBrie PALB/bc cc : Planning Board Committee