The URL can be used to link to this page

64-174 - 14 Buchanan Road AKA 1 Pierce Road - CONSERVATION COMMISSION W,:finq =14 BuchorkmTd. -*'64 - )?y, , . . ;, ' : �; `..r�i t �� i`,� f 3S G Massachusetts Department of Environmental Protection �Lj) jBureau of Resource Protection -Wetlands DEP File Number. WPA Form 8B — Certificate of Compliance 64-174 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information, IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Important: i When filling out 1. This Certificate of Compliance is issued to: Z06995Z9066BZ Bk;28638 Pg;ll forms on the 01!!i00e 03:10 COMPLI pg 1 computer, use Randall and Lorette Wieting 14 only the tab Name key to move 14 Buchanan Road AKA 1 Pierce Road your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town - State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Randall and Lorette Wieting Name November 15, 1988 64-174 Dated DEP File Number 3. The project site is located at: 14 Buchanan Road AKA ?-Pierce Road Salem . Street Address City/Town 31 318 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Randall and Loretta Waiting Property Owner(if different) Essex 9781 436 County - _ Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: _May 11, 2009 Date B. Certification Check all that apply: ® Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: Eby lS S wpaform 8b.dcc•rev.7/13/04 Page 1 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP He Number: WPA Form 8B — Certificate of Compliance 64-174 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: . Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 14 Buchanan Road AKA 1 Pierce Road 64-174 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpaform 8b.doc•rev.7113104 Page 4 of 4 ' �(11ti01T,9q t tau ;r CITY OF SALEM CONSERVATION COMMISSION <,. May 15,2009 Randall and Lorette Wieting 14 Buchanan Road AKA 1 Pierce Road Salem,MA 01970 Re: Certificate of Compliance—DEP #64-174- 14 Buchanan Road AKA 1 Pierre Road, Salem,MA Dear Mr. and Mrs. Wieting: Enclosed, please find the Certificate of Compliance for the above referenced project. This Document must be recorded at the Essex County Registry of Deeds, Shetland Park 45 Congress Street, Suite 4100 Salem, Massachusetts. Please fill out and return the Recording Information on page 4 of the Certificate of Compliance, which will indicate to the Salem Conservation Commission that the document has been recorded. If you have any further questions please feel free to contact me at (978) 619-5685. Sincerely, I Utz) Carey Duq es Conservation Agent/ Staff Planner Enclosures CC: DEP Northeast Regional Office Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-174 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP A. Project Information Important: When filling out 1. This Certificate of Compliance is issued to: forms on the Randall and Loretta Wieting computer, use Name only the tab key to move 14 Buchanan Road AKA 1 Pierce Road your cursor- Mailing Address do not use the Salem MA 01970 return key. City/Town State Zip Code 2. This Certificate of Compliance is issued for work regulated by a final Order of Conditions issued to: Randall and Lorette Wieting Name 4 November 15, 1988 64-174 Dated DEP File Number 3. The project site is located at: 14 Buchanan Road AKA 1Pierce Road Salem Street Address City/rown 31 318 Assessors Map/Plat Number Parcel/Lot Number the final Order of Condition was recorded at the Registry of Deeds for: Randall and Lorette Waiting Property Owner(if different) Essex 9781 436 County - Book Page Certificate 4. A site inspection was made in the presence of the applicant, or the applicant's agent, on: May 11, 2009 Date B. Certification Check all that apply: ■ Complete Certification: It is hereby certified that the work regulated by the above-referenced Order of Conditions has been satisfactorily completed. ❑ Partial Certification: It is hereby certified that only the following portions of work regulated by the above-referenced Order of Conditions have been satisfactorily completed.The project areas or work subject to this partial certification that have been completed and are released from this Order are: wpaform Bb,doe•rev,M3/04 Page t of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-174 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP B. Certification (cont.) ❑ Invalid Order of Conditions: It is hereby certified that the work regulated by the above-referenced Order of Conditions never commenced. The Order of Conditions has lapsed and is therefore no longer valid. No future work subject to regulation under the Wetlands Protection Act may commence without filing a new Notice of Intent and receiving a new Order of Conditions. ❑ Ongoing Conditions: The following conditions of the Order shall continue: (Include any conditions contained in the Final Order, such as maintenance or monitoring, that should continue for a longer period). Condition Numbers: C. Authorization Issued by: Salem 5 j S p Conservation Commission Date of Issuance This Certificate must be si ned by a majority of the Conservation Commission and a copy sent to the applicant and a propriat DEP Regional Office (See Attachment). Signatur i� d wpaform Bloom•rev.7113104 Page 2 of 4 Massachusetts Department of Environmental Protection - Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-174 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP C. Authorization (cont.) Notary Acknowledgement Commonwealth of Massachusetts County of Essex On this 14 May 2009 Day Of Month Year before me, the undersigned Notary Public, personally appeared D. Pabich, R. Christie K. Cornacchio M. Blier, K. Glidden A Hamilton and C. McCauley Name of Document Signer proved to me through satisfactory evidence of identification, which was/were personally known Description of evidence of identification to be the person whose name is signed on the preceding or attached document, and acknowledged to me that he/she signed it voluntarily for its stated purpose. As member of Salem Conservation Commission City/Town �or R.t) F UES tralaryAgt: M/GamiYon 'F;YN Signature Notary Public Carey R. Duques Printed Name of Notary Public August 16, 2013 My Commission Expires(Date) Place notary seal and/or any stamp above Signature of Notary Public wpaform so doe•re¢7113N4 Page 3 of 4 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands DEP File Number: WPA Form 8B — Certificate of Compliance 64-174 Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 Provided by DEP D. Recording Confirmation The applicant is responsible for ensuring that this Certificate of Compliance is recorded in the Registry of Deeds or the Land Court for the district in which the land is located. Detach on dotted line and submit to the Conservation Commission. To: Salem Conservation Commission Please be advised that the Certificate of Compliance for the project at: 14 Buchanan Road AKA 1 Pierce Road 64-174 Project Location DEP File Number Has been recorded at the Registry of Deeds of: County for: Property Owner and has been noted in the chain of title of the affected property on: Date Book Page If recorded land, the instrument number which identifies this transaction is: If registered land, the document number which identifies this transaction is: Document Number Signature of Applicant wpatorm 8b.dM•rev.7/13104 Page 4 of Massachusetts Department of Environmental Protection -- Bureau of Resource Protection - Wetlands DEP Regional Addresses Massachusetts Wetlands Protection Act M.G.L. c 131 40 Mail transmittal forms and DEP payments,payable to: Commonwealth of Massachusetts Department of Environmental Protection Box 4062 Boston, MA 02211 DEP Western Region Adam Colrain Hampden Monroe Pittsfield Tyringham 436 Dwight Street Agawam Conway Hancock Montague 9 Alford Plainfieltl Wales Calton on Hatfield MontereyWare Suite 402 ArMersl Dalton Hawle Riche Warwick Y Montgomery Rowe Springfield,MA 01103 Ashheld Deerfield Heath Monson Russell Washington Phone:413-784-1100 Becket Easthampton Hinsdale Mount Washington Sandisfield Wendell Belchertown East Longmeadow Holland New Ashford Savoy Westfield Fax:413-764-1149 Bemardston Egrernont Holyoke New Marlborough Sheffield Westhampton Blandford Erving Huntington New Salem Shelburne West Springfield Bnndeld Ronda Lanesbcrough North Adams Shueesbury West Stockbnd e Buckland Gill Lee Northampton Southampton Whately g Chademont Goshen Lenox Northfield South Hadley Wilbraham Cheshire Granby Leverett Orange Southwick Williamsbur Chester Granville Leyden Otis Springfield Willianstown Chesterfield Great Barrington Longmeadow Rainier Chicopee Greenfield Ludlow Stockbridge Windsor Pelham Sunderland Wallington Clarksburg Hadley Middlefield Peru Tolland DEP Central Region Aclon Charlton Hopkinton Millbury Rutland Uxbndge 627 Main Street Ashbumham Clinton Hubbardstw Mill Shirley Warren Ashby Douglas Hudson New Braintree Shrewsbury Webster Worcester, MA 01608 Athol Dudley Holliston Northborough Southborough Westborough Phone:508-792-7650 Auburn Dunslable Lancaster Northbridge Southbridge West Boylston Fax:508-792-7621 Ayer East Brookfield Leicester North Brookfield Spencer West Brookfield Bane Fitchburg Leominster Oakham Sterling WestfordTDD:508-767-2788 Bellingham Gardner Littleton Oxford Slow Westminster Berlin Groton Lurlborog Paxton Suttontlge Wocester Blackstone Groton Maynarough Pepperell Sutton Worcester Bolton Harvard Maynard Petersham Templeton Boxborcugh Hamwick Medway Phillipston Townsend Boylston Holden Mendon Princeton Tyngsborough Brookfield Hopedale Milford Royalston Upton DEP Southeast Region Abington Dartmouth Freetown Mattapoisett Provincetown Tisbury 20 Riverside Drive Acushnel Dennis Gay Head Middleborough Raynham Truro Attleboro Dighton Gosnold Nantucket Rehoboth Wareham Lakeville,MA 02347 Avon Duxbury Halifax New Bedford Rochester Welffeet Phone:508-946-2700 Barnstable - Eastham Hanover North Attleborough Rockland West Bridgewater Fax:508-947-6557 Berkley East Bridgewater Hanson Norton Sandwich Westport Bourne Easton Harwich Norwell Scituate p TDD:508-946-2795 Brewster Edgartown Kingston Oak Bluffs West Tisbury Bntl ewater Seekonk Whitman g Fairhaven Lakeville Orleans Sharon Wrentham Brockton Fall River Mansfieltl Pembroke Somerset Vamquth Carver Falmouth Marion Plainville Stoughton Chatham Foxborough Marshfield Plymouth Swansea Chilmark Franklin Mashpee Plynplon Taunton DEP Northeast Region Amesbury Chelrretord Hingham Memmac Quincy Wakefield 1 Winter Street Andover Chelsea Holbrook Methuen Randolph Walpole Arlington Cohassel Huli Mitltlleton fteatlin Waltham Boston,MA 02108 Ashland Concord Ipswich Millis Revere g Watertown Phone:617-654-6500 Bedford Danvers Lawrence Milton Rockport Wayland Fax: 617-556-1049 Belmont Dedham Lexington Nahant Rowley Wellesley Beverly Dover Lincoln Natick Salem Wenham TDD:617-574-6868 Billerica Dracut Lowell Needham Salisbury West Newbu Boston Essex Lynn Newbury Saugus Weston 7 Boxford Everett Lynnfield Newburyport Sherborn Westwood Braintree Framingham Maiden Newton Somerville Weymouth Brookline Georgetown Manchester-By-The-Sea Norfolk Stoneham Wilmngton Burlington Gloucester Marblehead North Andover Sudbury Winchester Cambridge Groveland Medfield North Reading Swampscott Winthrop Canton Hamilton Medford Norwood Tewksbury Woburn Carlisle Haverhill Melrose Peabody Topsfield wpaform8b.doc•DEP Addresses•rev.511B 09 Page 1 of 1 Slit�r ^F �*,�yt yet .� W. ct•9j gyp{ •.x Y rr k.,v('A* ,!c n .y f a•M1" i 4 ` a�' w+ ,, ,x '`✓ ! �I,#•YC!� dEt'+•,•F �.'r`,f .�k f" �"�� +(rt•RM"'»�i-. %'�` v w ''y,,. •�-f n}C/y '� � �s,�-•i �iKrk "�.•� -x'A1Ci'r`Y'- ,�..�:'"'° �� i, +�� *"Js:3£;' r�'Y�i. s i " � J„ 1 ti'� � -.0•, ? v t It T� �• r w h'.Y ^ s "�. -.ri �N ryy,, .'�4f r t�� n M1� :� " 'e{ , r r°r x 5 sr�•{.< 39' '� r•,lky79 , RE PF - ` xMA F•�IT', �,�y �� R't..t�y,�t �A p AJ Cd ri " {,� . y W t * �,- � r _�7 �° d � a�"tr'ti s�y�'.E,,r•�TYtS"i4 rlry �(i?k^ i �y � �e �}�Y- SiM1�a ,w•r *ny,,.R � Y `,�� '�S`•/ i�%f�'�3 � 4{}syr� �`Sih` � �as�{rxr .aar'" �'7''4...r ntF '•:, v n �'F Jy Ff '1� Xf i �,13��#�1Y�.y��5� f ��*�yc�Avn�•,r•y�`'2fi�'` Ml..��,, `i '�I �'��'�,� Sy d.. � &1• q. 7• 'T- � t ^ 'S"Sn+..Y .ls f .r"Y�r+�sl t�`✓�i.^ ��T�A�y~,y �.Zt: � 'R�q �qy�" ~ 'r5�,tt"a"-tv /�/� ¢J "_KirCf ,xs;,a� ` t�1 � r�fS,�Tb r ;r"S� �•`1 y q'�^. .:: nr i�� i .G i dM il C S 4r ,gFyi a A q�{ 11 iiiijil e ? *� e ''• !��F ;43q'+e '"� SH } . 1 '{3 ,Af 'f - p i+ {y/] �,e.�r }�S�•R+� aIM1+ u� �� .3` '� Y 4':Y y f� • a,l', 2• `j� < st�.,pi+. r r. byA, �^' + ! a ,; y Ic W? S" '��....�'� "{\�. } IK 1� Y Ab A `wry .fit Yx .'1 5 fX. `P.l'" .�' �+ nc •..,,.. ry;'�': e .n y r 091may ',�• ':oy'PI O�R'G[. .',ii.-a3 ��wi7 � E �# .:C � �-A:,•b� ? r 1 _ .' � 'fir 6� r raa •. tik'x ��t r �• x ,y " ,t " ,or+- s. ar hN 27 M k 9 y.; t YY { a i g WI P' k\�, .�t l7§,yw �¢ +. ?o o- b. � �� MI �� ,. �a y.. -y'e` .9►`ice �ti� �' k�,, �� s� ziJr 5. Y 1 a { V J•'�^ v'c.1' �C' ,.fir, 9+ �'�„`1ty,%' �A. ,i a. S. I 13. i �� e.iy'. >sy 1�tt I�•yw'�d �ir"'. �1� �� r� x i� r'6. �N •1 �� +�� L lei b; -i V � 1 T 2�.yt5`• � t•. A` 3 rMtl! �j r r r t t tl IV IV IV 7 .11 yt a ^�'+.Y-„-.r,�a�d�6� `r .�',,r,;,,ts .S �R_w Fw. +''y�,.r ♦ S` `,+.. ,� t i�. ,t,. �� Z( ijt4��•� I si rt��41"5° � �' + ��j�'.��ro �1 �' yit t A I+i14.° ;r stAt a`" rj�+ �q 0t sli.°�S�F''tf'f {' ,,/ II L '� �41 V Ip+(i •t \P L�h t�aty� ��`'� sW414 tompow Izz by (' t `.fit. A ♦E� n ^c'. r Y y I M � r, •rti � t�� rt f r s VI ) .!} ..p rC41` 4 � pl � n `T` P a, '�� ':� t � •.'"$: . �,r # t .+ s, r mot` .� ��•� '�� 1 M„ ...c'�T..i .�,,,,MMF '''�pR}�S IC }Y r r t � — 1 � 9 T "y.A r•.. 1'� r I A T rip h � pp -IV ki 1A, b �A ! '1 A '� i2 � � �/ �.,�',.-�--4s III E�� A d�, �'A'y{y� t � + 1 '� il'�•"�i�. ' � ) { / r 11 4.i.19 � Y v � ,1< 4'k'1� 11 •� rl Ir; yy��ad,.'. (� � S:r �,,`• �1'Y1�1 1� �. �� G� ��' �k v�i� + �1 "Cr ti�� f j4u •'ti��lS.�!$1i`y'. 1 ! •r '� 41 4A...•�,�n ,� ��\� M1p � �� R��k' t!N•'�' }y ��w�+'R��fit "� Iry� - mat' ,,. i+. I. rx ) ' S. RUSSELL SYLVA 5 �ar� lzeizcce Cornmixsinner tl it // ' 617/935-2160 C ®� dcrc�iudettd omo/ December 27 , , 1988 DED 2 D 1?�g T ,Clayton W . Smith L® • c�+q W y�hil3a�a� �6I C. '� RE : W'E'1'LANllS ' llEQE File #64-174 27 Pierce Road CLii �E Request for Superseding Salem, MA 01970�+ "' Order of Conditions Dear Mr. Smith : The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Quality Engineering is writing in regard to your letter dated November 17 , 1988 , . reques'ting a Superseding Order of Conditions for the above-referenced project . As required under. 310 CMR 10 : 05 ( 7 ) ( c) of the Wetlands Protection Act Regulations , an appellant is required to send a request: for a Superseding Order of Conditions in writing to the Department . This request "shall state clearly and concisely the objections to the Order which is being appealed, . . , how the Order of Conditions issued by the conservation commission is inconsistent with 310 CMR 10 . 00 and does not contribute to the protection of the interests identified in the Act . " While ,your request for a Superseding Order of Conditions states a number of objections and alleged inaccuracies , there is no 'reason stated why the Order of Conditions issued by the Salem Conservation Commission is inconsistent with the Wetlands Regulations nor how the Order does not contribute to the interests identified in the Act . Based upon a review of your appeal , the Department is unable to accept it due to noncompliance with the aforementioned regulations . You are further notified that the ' local. Order of Conditions issued by the Salem Conservation Commission on November 15 , 1988 , remains in full force and effect and shall serve as the Final Order of Conditions regulating activities under the Wetlands Protection Act, Massachusetts General Laws , Chapter 131 , Section 40 . i! i is SLM174A2 Page 1 , II f DEQE File No . 64-174 i If you have any question regarding this letter you may contact Mr. �Rollo Tucker at 617/935-2160 . I: Very truly^ yours , n Sabin M. Lord,' Jr . !' Deputy Regional j Lnvironmental .'Engineer %j SML/RT/ SLM174A2 cc : Salem Conservation Commission ;i r I } I SLM174A2" Page 2 • � li j': Form s oEOE File No. 64-174 1To be crov,oeo oy OEOE) Commonwealth CIN1Tcwo SALE?1 Of Massachusetts AbW,Wnt Randall & Loretta blieting Order of Conditions Massachusetts Wetlands Protection Act G.L c. 1319 §40 From SALEM CONSERVATION COMMISSION To Randall & Loretta Wieting (Name of Applicant) (Name of property ownerl Address 11, Rnrhnn R.,nl r cnl Pn MA Address This Order is issued and delivered as follows: November 15, 1988 M by hand delivery to applicant or representative on (date) ❑ by certified mad,return receipt requested on (date) This project is located at 14 Buchanan Road The property is recorded at the Registry of Essex South Book Page N/A Certificate(if registered) The Notice of Intent for this project was filed on October 31, 1988 (date) The public hearing 10, 1988ng was closed on (date) Findings The Commission has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Commission at this time. the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): ❑ Public water supply ❑ Flood control ❑ Land containing shellfish ❑ Private water supply Q Storm damage prevention ❑ Fisheries ❑ Ground water supply d Prevention of pollution ❑ Protection of wildlife habitat 5.1 Effective 11/1/87 Commission Therefore. the hereby finds that the following ccnartions are necessary, in accordance with the Performance Standards set forth in the regulations. to protect those inter- ests checked above. The Comm;��s�n orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent. the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas- ures,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 or regulations. a. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act:or (b) the time for completion has been extended to a specified date more than three years. but less than five years,from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill,containing no trash. refuse. rubbish or de- bris. including but not limited to lumber, bricks. plaster.wire, lath, paper. cardboard, pipe, tires. ashes. refrigerators. motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or. it such an appeal has been filed, until all proceeamgs before the Department have been completed. S. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located, within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land. the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words. "04asf�5husetts Department of Environmental Quality Engineering, File Number 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 1 1. 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. 12. The work shall conform to the following plans and special conditions: 5-2 a 4 Plans: Title Dated Signed and Stamped by: On File with: Plan of Land 12/20/84 R.W. Reid CE Salem Conservation Commission in Salem, MA Impact Evaluation 6/7/88 Gulf of Maine Research Center Salem Conservation Commission f u.. Read Special Conditions(Use additional paper it necessary) 1. Channeling of surface water runoff shall be prevented. 2. No alterations of the naturally vegetated area between the gardens and the salt marsh shall occur. 3. No biologically incompatible herbicides or pesticides shall be applied. 4. Organic nutrients should only be applied during the time of the year that the vegetation is incorporation nutrients. 5. No significant changes in garden configuration shall occur without notification of the Salem Conservation Commission. ........................................................................................................................................................ . ... ..... ._._....... ILeave SWCe 81Wk1 5.3A Plans: Tithe Dated Signea and Stamnea by On File with: Special Conditions(use additional paper it necessary) ................................ ............................................................... ._...................._...... .... . (Leave Soace B[Mkl 5.3B Issued By ALEM Conservation Commission SignaturetsV � t l Th -Order must signed by a majonJt I',e he Conservation Commission. On thfi 14th day of November 19 RR before me poly appe the above named to me known to be the person deathbed in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her tree act and deed. Notary Public My commission expires The apbacent.the owrtw.any below ogWm"d by this Order.any,owner of Wad abuIbnq the um upon which bill oroboseo work r to be act or my ten residents of the city or town in which such fend to located we tiff"notified of their fight to request the 0*ow nent of 6trrdnmentah Quality FJtgneerrtq to teaus a Suwreedng order.txovidaq the request is mode by Cat eaad mac or hsftd d1NWery ro trio oeow nent won ten den hen the date of Wo ance of this Order.A copy of the reouest area at ins seats aloe be owl by cemtled mod or hand delivery to me Coimorn, on Commission and the advocate. Defaeh on dotted line CONSERVATION Ilse and submit to the COMMISSIONprior to commencement of wak. To Issuing AutMobty please as ndwseo that the Order of Conomons for the orciect at File Number has been recorded at the Registry of and has been noted to me chain of tlse of the enacted prooerty,in accordance with General Condition B on.. l 9— It recorded land. the mstrument number winch identifies this transaction is It registered land.the document number which identifies this transaction is Aooacant Signature 5.4A Issued by the Department of Environmental Quality Engineering. Signature On this day of 19 , before me personally appeared to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed the same as his/her free act and deed. Notary Public My commission expires The adi t.the owner.arty parson aggrieved by no auoersemng Order.any owner of land smiting the jam upon wreath the art). posed work is to as done ar any tan owed=pursuant to G.L c.30A.$I OA.are hereby notified at ther ngnt to request an adrydieatory hearing pursuant to G.L 30A.S 10.prmix ng the request a made by cat 0 rid or hand delivery to die depaanent within ton days from da data of austatce of are SupwNdng Order.and to soorseaed to: docaet Clam.Office of Gi m of Counsel.department of Envkormarldl Chia"Etgineataq.Ora Wnfer Street.Boom.MA 02108.A copy of the request snag a the same time a ssm ay Cal mail or had deevary to the conservation commission.we appadant.am any other tarry. A Notice of Claim for an AdlWlpmry,Nearelg shed dandy With the deperenenrs RWee fa Adjudlestory Proceedings.310 CMR 1.01(6).and ohm canton die hxbtiatq information: (a) the OEOE Wedrtos File Number.name of the applicant and address at the project: (b) the compote name.address am telephone number of the perry filing the request.and.it rearesentad by counsel.the name and address of Me attorney: (01 the name am addresses of am other Parties.it known: (d) a clear are concise shtwmnt of 11I the facts wmdh are grounds for the proceeding,(2)the oblectiona to this superseding Order. including specifically tin mom ar in whom it is alleged to be inconsistent with the Oeparenent's Wetly ifs Regulations(310 CMR 10.00)and does not contribute to me protecoon of the interests identified in the Act.and 43)the relief sought through me adlu- aicatory hearing,including specifically me changes desired n me supersedersg Order. (et a statement mat a copy of the request has been sent to the acaticant.the conservation Cgmmlaston and each omen party or rep• resentative of such parry,if known. Failure to submit ail necessary information may result in a dismissal by the DeoaYtment of the Notice of Claim for aA Ad1u01Ca10rV Hearing. Osach on dotted line and submit to the prior to commencement of wort. TO Issuing Authority Please be advised that me Order of Conditions for the project at File Number has been recorded at the Registry of and has been noted In the than of title of the affected property in accordance with General Condition Bon—. 19_ If recorded land. the instrument number which identifies this transaction is If registered land. the document number Wnich identifies this transaction is Signature Applicant 5.46 -r,pnunl qQ I(EVIN T. DpLv i .y�4J,, � � LEONARD F. FE MIND ASSISTANT CITY SOLICITOR ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET T"M� 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETT.S AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'BRIEN SALEM. MA 01970 BEVERLV. MA 01915 745-4311 CITY SOLICITOR _ 745-4311 745-0500 93 WASHINGTON STREET 921-1990 _ AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM. MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET December 6 , 1988 Planning Department City of Salem One Salem Green Salem, Massachusetts 01970 Attention: Beth Debski Re : 14 Buchanan Road ( 1 Pierce Road ) Dear Beth: By letter dated November 22 , 1988 you indicated that the Conservation Commission has requested my opinion as to the ownership and allowed use of a portion of land located within the "paper street" portion of Pierce Road. I will first attempt to address the ."ownership" part of the question raised by the Commission. Based upon records at the Registry of Deeds , the road layout of Pierce Road has been in existence since 1907 . The current records of the Assessor ' s Office show Pierce Road as running from Loring Avenue to Buchanan. The 1987 City Manual lists all of Pierce Road as not being an accepted street. From a practical point of view, only a small portion of Pierce Road has surface improvements and the area in question has no surface improvements . However, I have reviewed engineering plans that indicate that a sewer has been layed out under the entire length of Pierce Road. Whether or not a way is accepted or unaccepted is not dispositive as to whether it is public or private. Based upon the fact that Pierce Road has been laid out since 1907 and subsurface improvements have been made to it leads me to the conclusion that it is a "public way" . As such, theoretically, it must be open to members of the public. Accordingly, "ownership" vests in the public generally subject to the obligation of the City to maintain any improvements . Planning Department - 2 - December 6 , 1988 Having said the above, it is my opinion that the "use" of the way may not be inconsistent with the public ' s right to access. Admittedly, from a practical point of view, since the road is a "paper street" members of the public would have no occasion to use the same. However, I do not believe it is within the purview of the Conservation Commission to sanction temporary use of public ways for private purposes . "Ver truly yours , "Michael E. O' Brien City Solicitor MEO/jp cc: City Clerk CLAYTON W. SMITH 27 Pierce Road Salem, MA 01970 Conservation Commission RECEIVED City of Salem Salem, MA 01970 NOV 17 1988 SALEM PLANNING DEPL Re : DEQE File No. 64-174 Gentlemen: Enclosed is a copy of my appeal letter to the DEQE as required by their regulations . Very truly yours , 4toXi 'n W. Smith 0 1 CLAYTON W. SMITH 27 Pierce Road Salem, MA 01970 RECEIVED NOV 171 November 17 , 1 SALEM PLAfNXIND DEPT. Commonwealth of Massachusetts Department of Environmental Quality Engineering Five Commonwealth Road Woburn, MA 01801 Re: DEQE File No : 64-174 Salem Conservation Commission Order of Conditions dated November 14, 1988 Applicant - Randall and Loretta Wieting 14 Buchanan Road Salem, MA 01970 Gentlemen: The above applicant. has been issued an Order of Conditions dated November 14, 1988 by the Salem Conservation Commission. I, as an abutter, am appealing that action to your Department for the following reasons : 1. The Conservation. Committee, in my opinion, exceeded"its authority by issuing an Order of Conditions in the City of Salem' s sewer easement without an opinion of the City Solicitor andapproval of the City Council and/or the Director of Public Works . 2 . Measurements and distances in the "Notice of Intent" were not done or confirmed by a registered engineer. 3 . In my opinion, the special conditions in the Order of Conditions will not guarantee protection of the salt marsh and wetlands . Very truly yours , 11 C1 ton W. S r .CERTIFIED MAIL AFC12 Loring Avenue Salem, MA 01970 November 18, 1988 N01/7 SAIE�p 1 1s83 Commonwealth of Massachusetts ��✓®��' Executive Office of Environmental Affairs DE�j Department of Environmental Quality Engineering Northeast Region Five Commonwealth Road Woburn, MA 01801 RE: DEQE File No. 64-174 Salem Conservation Commission Order of Conditions Applicant: Randall and Loretta Wieting 14 Buchanan Road Salem, MA 01970 Dear Sir: The above applicant has filed "Notice of Intent" dated October 31, 1988 with your Department and the Salem Conservation Commission (CONCOM) . The CONCOM at their meeting on November 10, 1988, voted to issue the applicant an Order of Conditions, which were issued on November 14, 1988 . I, as an abutter, am appealing that action to your Department. In addition to the attached reasons for my appeal, which I presented at the Salem CONCOM meeting on November 10, 1988, I am calling your atten- tion to a hearing held on October 27, 1988, regarding a Determination of Applicability (DOA) regarding this issue. The regulations of the DEQE were not followed, i.e. , No application for a Determination of Applicability was filed nor was a publication published in the local newspaper. Yet, the CONCOM took action on this DOA with a positive determination of applicability, etc. You may contact me by mail at the above address or by telephone at (508) 745-2093 . Sincerely, �P / � o Joy e . Salvo Enclosure cc via Certified Mail: Randall and Loretta Wieting Vcc via Hand Delivery: Salem Conservation Commission WIETINGS' HEARING November 10, 1988 My name is Joyce Salvo. I reside at 12 Loring Avenue and I own property on Pierce Road that abuts the Wietings' property. I expect, in the very near future, to petition this board and the Planning Board to develop a portion of Pierce Road so that I will be able to reach my property. I want to go on record as objecting to this petition for the following reasons: 1. The Wietings' notice in the Salem News was misleading. The notice stated gardens located on 14 Buchanan Road, which gives the impression of being on the property belonging to the Wietings. In fact, the gardens are located on the Paper Street, Pierce Road, which is CITY-OWNED PROPERTY. 2. I believe abutters are supposed to be notified of Public Hearings. I am an abutter to the Wietings' property and was not notified. 3 . The Notice of Intent filed by the Wietings, as of Tuesday, November 8, 1988, is inaccurate. In Part I, #1 Location: Street Address and Lot #, they had 14 Buchanan Road, Lot #318. The gardens are located on Pierce Road, City-owned property, in front of 1 Pierce Road, with NO Lot #. In question #5, the Property Owner, Telephone, and Adress were left blank. Why? 4 . Has the owner of the area in question, City of Salem, since it is not the person making such request, been given written notification of the project? 5. I would like to read a portion of a letter, addressed to me, from the Chief Assessor, Peter Caron, dated August 2, 1988, RE: Pierce Road: "Based on the available records in the Assessors' Office, the road layout has been in existence on our tax records since the original subdivision plan was filed on August 1, 1907 . At no time since then is there any indication that any part of the street layout has been removed and assessed as private property. " Also if this petition is approved: - You will be allowing the applicants' to use City-owned land without compensation to the city, - You will be extending the applicants' property, - And you will be setting a precedent. Those are the reasons why I object to this so emphatically. I request that these comments be included in the minutes of the meeting. i � ! RECEIVED NOV 0 SALEM PL" : I!!dG DEPT. 1 U 0�O �✓ cXG! a l.ev�'-�� u v l 5 1941 t / 6-�e� �,{ �,rc.e r �� `�'0.-c a._./ Y'� Safi,►' u� pus n uli S LiS E c. cl �c� i . d ilrif 0 I 4'Y..`T- 1 Mac ✓.,"AGli\ 1 t ti 1 f �.. • RECEIVED NOV 15 1983 xc> 5A4,� � a�atiale� pPt. GULF OF MAINE RESEARCH! CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET October 25, 1988 SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 Mr. Walter Power - chairman Salem Planning Board One Salem Green Salem, MA 01970 Re: Pierce Road Dear Mr. Power and Board Members: Steven_Salvo"_and�layton Smith,`Salem residents with interests of Pierce Road, have requested that the Salem Conservation � r Commission require Randall and Loretta Wieting of 14 Buchanan Road Ito file a Request for Determination_of Applicability for gardens within the buff-er_2one_ / However, the issue is not whether the- gardens impact the adjoining marsh ( see attached letters) , but whether ' the Wietings can use what was once Pierce Road. Therefore on behalf of the Wietings, I ask the Planning Board to aid in clarifying this matter. .. Please note that the Salem Board of Appeals Decision of November 2, 1988 granted the Weitings a variance for construction of a porch. The porch is 5 feet from Pierce Road, therefore the Board of Appeals had�afindin as fact—that Pierce Road does not-exist..— This position was upheld by the Salem Conservation Commission on Lapnd l 14, 1988 when it denie_d_ Clayton Smith construction of a house extended roadway on the lot adjacent to the Wieting' s. In 1986, the Wietings planted gardens on what was once Pierce Road following the verbal approval of the_' Salem Conservation Commission. It is Mr. Salvos and_Mr_Smith c' s ontention that the_ gardens are on city property. As such, they are strongly urging th� - Conservation Commission to order their removal.---whether-the— ` property-belongs`to the city-o"r-to-the-Wi'eetings should be of no concern to the Conservation Commission, however, to facilitate the process I ask the Planning Board three questions: 1) does Pierce Road exist, 2) if not, has that area become the property of the abutters, and 3 ) if it remains city property, can the Wietings retain their gardens until such time that the city requires the roadway? Thank you for your time and consideration. Please feel free to contact me should you have any questions. Sincerely,, , Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/jc �,.Co•�,ti 6Cr 10 3 jV PN 'Bl k Ctg of SaIrm, .4,1JUSSUCIluoyff �s Sti► Kf X, rK.NAPS. �uut Poarb of �pprttl DECISION ON THE PETITION OF ALBERT & YVONNE DUMAS FOR VARIANCE TO CONVEY A STRIP OF LAND FROM 16 BUCHANAN ROAD TO 14 BUCHANAN ROAD A hearing on this petition was held September 29, 1987 with the following Board Members present: James Hacker, Chairman; Messrs. , Bencal , Fleming, Strout and Associate Member LaBrecque. Notice of the hearing was sent to abutters and others and notices of the hearing were properly published in the Salem Evening News in accordance with Massachusetts General Laws Chapter 40A. Petitioners, owners of the property located at 16 Buchanan Road, are requesting variances from lot size and frontage to allow them to convey a strip of land, approximately 608 sq. ft. , to 14 Buchanan Road,which is owned by Randall and Loretta Wieting. Said conveyance will further reduce the existing undersized lot. Both parcels are located in an R-1 district. The Variance which has been requested may be granted upon a finding of the Board that: a. special conditions and circumstances exist which especially affect the land, building or structure involved and which are not generally affecting other lands, buildings and structures in the same district; b. literal enforcement of the provisions of the Zoning Ordinance would involve substantial hardship, financial or otherwise, to the petitioner; c. desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent of the district or the purpose of the ordinance. The Board of Appeal, after careful consideration of the evidence presented at the hearing, and after viewing the plans, makes the following findings of fact: 1 . There was no opposition; 2. The proposed transfer of land would relieve the petitioners of the burden and hardship of maintenance; 3. .The proposed transfer would allow better access to 14 Buchanan Road and would result in the upgrading of both parcels. On the basis of the above findings of fact, and on the evidence eresented at the hearing, the Board of Appeal concludes as follows: 1 Special conditions e>:ist which esDeci211\e affect the subject properties but do not affect the district in general; 2. Literal enforcement of the provisions of t^ Ordinance would involve a substantial hardshiD to the petitioners: Ile relief requested can be granted witho;:: detriment to the public good a' without nL'l lifyin.- Cr substantially de-O-ating from the intent Cf the district or the purpose Cf the Ordinance. DECISION ON THE PETITION OF ALBERT & YVONNE DUMAS FOR VARIANCES FOR 16 & 14 BUCHANAN ROAD, SALEM page two �a Therefore, the Zonin Board of Appeal voted unanimously, 5-0, to grant the variances requested in accordance with the plans submitted to the Board. GRANTED eter Strout7, Member,Board of Appeal A COPY OF THIS DECISION HAS BEEN FILED WITH THE PLANNING BOARD AND THE CITY CLERK AF'-E;L FRr,: TY:E D�[IEIDh. IF cyq Gc.EF.4L 'c c{-, L BE I`^-E PURSUANT TO SECTION 17 OF THE L4 C cF, Y,. ,;�n 9„ HE F'LE j V.MPIN £0 DAPS ATEP, THE DATE OF FIL Ift; C. Tr'!- OcC!S.E . 1'. THC O Fi-_ -_ THE C!Tl" CLERK. I!. TH V' . ;:.E OP cr r5L [°H'.:IT 'Y 1 G.ER T r . . .F THE 6L" CEc'T- Gr H { r !I �F_ h.. E E_ F:I'_D. RE -._U iN Tr c._IF EaSEn c 'c-p� C CcEE2 I D DE1EO U THE I CF ih'E OF RECORD OR IS F,CcRDED AND I „N THE_ O1:hERS CERTIFICA'E CE TITLE. BOARD DF APPEAL l GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 October 28 , 1988 Mr. Walter Power - Chairman Salem Planning Board One Salem Green Salem, MA 01970 Re: Wieting' s Property 14 Buchanan Road Salem, Massachusetts Commission Members: A survey plan has been provided for 14 Buchanan Road and I have forwarded it to you for your review. Please note that my approximation of the garden and porch locations, based on the assessor' s map, were incorrect. The porch is 5 ft. from Pierce Road, not in it. A revised letter is also enclosed I apologize for the misinformation; please feel free to contact me should you have any questions. Sincerely, Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/jc / Kz> 1 GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 14 October, 1988 Salem Conservation Commission One Salem Green Salem, MA 01970 Re: Wieting' s, 14 Buchanan Road Dear Commission Members : At your request, I am submitting a Request for Determination of Applicability for continued maintenance of gardens within the buffer zone at 14 Buchanan Road. An assessment has indicated that the gardens have no impact on the salt marsh (see letters to the Commission dated 7 June, 1988 and 30 August, 1988) . Furthermore, the gardens were established in 1986 following verbal approval by the Conservation Commission. It is my contention that the Commission' s decision must be based solely on wetland impacts , and not on ownership of the property. The question of ownership is now before the Salem Planning Board (see attached letter) . Therefore, I request that the Salem Conservation Commission issue a negative determination on the basis that the work described is within the Buffer Zone but will not alter an Area Subject to Protection Under the Act, with the condition that ownership and use of the land be determined by the Salem Planning Board. Thank you for your consideration. Please contact me should you have any questions. Sincerely, / ct Donald M. Kent, Ph.D. 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: Forms Forth 1 DEGE FM No. IToa Wr "oYDEOEI Ilff�� GN/T. Salem Commonwealth Wieting f] of Massachusetts �OOY'"t Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 1319 §40 1. l the undersigned-hereby request that the Salem Conservation Commission make a determination as to whether the area.described below,or work to be performed on said area,also described below.is subject to the jurisdiction of the Wetlands Protection Act,G.L D.131,f40. 2 The area is described as fallow$.(Use maps or plans if necessary,to provide a description and the location of the area subject to this request) The area of use is buffer zone to a salt marsh at 14 Buchanan Road. Present use of the property includes ( portions of a house and porch, lawn and gardens . See attached letters and figures for detailed descriptions of the location and resource area. 3. The work in said area is described below.(Use additional paper,if necessary.to describe the proposed work.) The applicant proposes to continue maintenance of a garden established in 1986 . No fertilizers are used and there is no indication of impacts to the marsh (see attached letters) . The gardens were established in 1986 following verbal approval by the Salem Conservation Commission. This request is filed in order to publicly address the concerns of a Salem resident that the garden area is in fact city property and therefore cannot be used _._..... ._.. _by the. applicant. _ 1.1 10/16/87 (Effective 11/1/87) 310 CMR - 280.9 10.99: continued 1 4. The ownerls) f the area,if not Me person making this request,has been given written notification of this j request on �4 October, 98 18 (date) The names)and address(es)of the owner(sl: Randall and Loretta Wieting 14 Buchanan Road Salem, MA 01970 S. I have filed a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Quality Engineering on 14 October. 1998 (date) Metro Beaton/Northeast Southeast 38 Commerce Way Lakeville Hospital Woburn,MA 01801 Lakeville, MA 02346 Central Western 158 Grove Street State House West.4th Floor Worcester,MA 01605 436 Dwight Street Springfield,MA 01 103 6. 1 understand that notification of this requestwill be placed in a local newspaper at my expense in accor- dance with Section 10.05(3)(b)1 of the regulations by the Conservation Commission and that I will be billed accordingly. n d) _ PDonald M. Kent , Ph.D. SignaMte /�t Name Address Gulf of Maine Research Center Inc Tel 745- SE R Lafayette Street Salem, MA 01938 1-2 10/16/87 (Effective 11/1/87) 310 CMR- 280.10 r 4rhlrNSvuna : SOsb s _ •1C •'f Imo ) � t, �� Cojw •� •a Hns0lnt 1 "1 } „ 9 hu'.' .lyIts, l p r'` °' '' a " • ]fly.. .. n �r r W O «7 ark 'rpicker4 P] r� St n oy:I Off Co rK T .°/ • �V Kd y LLN()P PARK and \ e , e I Si IRTR r d 4106 -s I Le y s %Q r If � T 1 / ram• l \O �'_\`-� �1 - i�. � .. N F16URE 1: SITE LOCATION SCALE: V - 2100' Base Map: U56S Topographic Map � �_ � � l C 0 00 air- � b � ti✓ .a L�3a J► �90 �0 ,porch manhole D buffer zone edge of wetlands . Forest River gardens [] u GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 27CONGRESS STREET SALEM, MA 01970 (617) 745-6618 FAX(617) 741-8648 June 7, 1988 Philip Moran, Esquire - Chairman Salem Conservation Commission One Salem Green Salem, MA 01970 Dear Attorney Moran: The Salem Conservation Commission recently considered a Notice of Intent for construction of a house and driveway off Pierce Road, adjacent to the Forest River. During the hearing, a question was raised as to the effect on the salt marsh of a lawn within the buffer zone. The question of potential impacts to the marsh has now been expanded to include gardens as well as lawns. Loretta and Randall Wieting of 14 Buchanan Road maintain a lawn and gardens within the buffer zone of the Forest River salt marsh. The lawn and gardens begin 35 feet from the salt marsh, and 100 feet from the river. At their request, I have considered the impacts of the lawn and gardens on the salt marsh. My conclusions pertain to the interests identified in the Massachusetts wetlands Protection Act (M.G.L. c. 131, Section 40 ) and are based on observations of the Wieting property and surrounding properties on May 31 , 1988 . ,y GULF OF MAINE RESEARCH CENTER INC. According to the Massachusetts Wetlands Regulations ( 310 CMR 10 . 00 ) , salt marshes are significant to "protection of marine i fisheries, wildlife habitat, where there are shellfish to protection of land containing shellfish, prevention of pollution and are likely to be significant to storm damage prevention and ground water supply" . As such, "any project in a salt marsh, or within 100 feet of a salt marsh, shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh" . Protection of Marine Fisheries and Land Containing Shellfish There is no evidence that the lawn and gardens affect the production of organic matter in the marsh. Organic matter is exported as detritus and dissolved organics to estuarine and coastal waters where it provides a basis for the food web supporting fisheries and shellfish. Alterations of the buffer zone could potentially affect surface runoff patterns, permitting increased flow of freshwater to the marsh surface. Such flow could result in the replacement of marsh vegetation with upland vegetation, thereby decreasing the production of organic matter. Although there was evidence of channeled surface water runoff in one of the gardens, the effects are presently mitigated by a 35 foot zone of herbaceous upland vegetation. The salt marsh also provides a potential spawning and nursery habitat for estuarine forage finfish. Possible impacts include increased turbidity due to erosion and decreased salinity due to increased upland runoff. Neither effect was observed or is likely to occur as long as the buffer zone remains vegetated. GULF OF MAINE RESEARCH CENTER INC. Protection of Wildlife Habitat The marsh provides food, shelter, breeding areas , and migratory and overwintering areas for wildlife species. Use of the buffer zone could potentially alter marsh vegetation through changes in drainage patterns, and could disturb feeding and/or nesting wildlife. As stated above, there is no evidence that current activities have affected marsh vegetation. It is more difficult to ascertain if activity in the buffer zone disturbs wildlife using the marsh. Belted kingfishers (Ceryle alcyon) , which nest and feed in the estuary are known to have a low tolerance of human disturbance near nest sites (Prose , B.L. , 1985 U.S. Fish Wildl. Serv. Biol Rep. 82: 10. 87 ) . However, there are no potential kingfisher nest sites near the Weiting property. Observations at the time of the visit indicated that kingfisher feeding is undisturbed by human activity in the buffer zone. Great blue heron (Ardea herodias ) and snowy egrets (Egretta thula) also feed in the marsh. Short and Cooper ( 1986 , U.S. Fish Wildl. Serv. Biol Rep. 82: 10 . 99 ) ) suggest that great blue herons require foraging areas approximately 328 feet from human activities. Snowy egrets can be assumed to have a similar requirement. The foraging area is only 130 feet from the nearest gardens so the potential for disturbance to feeding herons and egrets exists. However, infrequent use of the buffer zone area probably minimizes the impacts. Furthermore, given the proximity of houses in the area and the level of human activity, the herons and egrets are likely to be habituated to human activity, and therefore tolerant of buffer zone use. Other wildlife using the marsh are less susceptible to disturbance. GULF OF MAINE RESEARCH CENTER INC. Prevention of Pollution Salt marsh plants and substrate remove pollutants from surrounding waters. As there has not been a reduction in salt marsh plants or substrate, the lawn and gardens have not diminished the capacity of the marsh to prevent pollution. Nor has maintenance of the lawn and gardens introduced additional pollutants to the marsh as fertilizers, pesticides and herbicides are not used. Storm Damage Prevention Salt marsh cord grass and underlying peat are resistant to erosion and dissipate wave energy, thereby reducing storm damage. Again, as there has not been a reduction in the amount of cord grass and underlying peat, the capacity of the marsh to prevent storm damage has not been diminished. Groundwater Supply Peat serves as a barrier between fresh groundwater landward of the salt marsh and the ocean, thereby helping to maintain the level of such groundwater. Activities related to the lawn and gardens have not reduced the amount of existing peat, nor are they likely to slow peat production, therefore the groundwater supply is protected. Conclusion and Recommendations There is no evidence the Wieting' s lawn and gardens within the buffer zone are destroying any portion of the salt marsh or are having an adverse effect on the productivity of the salt marsh. GULF OF MAINE RESEARCH CENTER INC. • There is no indication that the marsh vegetation has been altered or that siltation of the marsh surface has occurred. Furthermore, there is no evidence that the minimal amount of human activity that occurs in the buffer zone disturbs wildlife. To ensure continued salt marsh productivity and protection of the salt marsh vegetation, channeled surface water runoff should be prevented. This could be accomplished by decreasing the unvegetated area in the gardens nearest the marsh, leveling the surface of the gardens so that channels do not develop, or establishing a 2-3 foot wide grass strip for diffusion of surface runoff downgradient of the gardens. Additionally, herbicides and pesticides should not be applied to the lawn or gardens. Organic fertilizers should only be applied during the time of year that the vegetation is incorporating plant nutrients. I have discussed these conclusions with the Wietings and they have initiated measures to prevent channeled surface water runoff . If I can be of further assistance, please feel free to contact me. Sincerely Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/gg GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET August 30 , 1988 SALEM, MA 01970 (506) 745-6618 FAX (508) 741-8648 Salem Conservation Commission One Salem Green Salem, MA 01970 RE: Loretta and Randall Wieting 14 Buchanan Road Dear Commissioners: This letter is intended to clarify my letter of June 7 , 1988 regarding potential impacts to the salt marsh from lawn and gardens at 14 Buchanan Road. Based on observations of the Wieting property and surrounding properties on May 31, 1988, my conclusion was that "there is no evidence that the Wieting' s lawn and gardens within the buffer zone are destroying any portion of the salt marsh or are having an adverse effect on the productivity of the salt marsh" . Furthermore, I stated that "there is no indication that the marsh vegetation has been altered or that siltation of the marsh has occurred" , and that "there is no evidence. . .that human activity. . .disturbs wildlife" . I closed the aforementioned letter by suggesting precautions that could be implemented to insure that the salt marsh is not altered. This was not meant to imply that alterations would definitely occur if the precautions were not implemented. My suggestions were made in an effort to reduce a negligible chance of marsh alteration to a zero chance of alteration. The Wieting' s have chosen to establish a 2-3 foot wide grass strip downgradient of the gardens. This strip, in addition to the 35 foot zone of natural vegetation that exists between the gardens and the salt marsh, will prevent any surface water runoff from reaching the salt marsh. Therefore, the gardens and lawn will not alter the salt marsh. I apologize for any confusion that may have arisen. From a Wetlands Protection Act standpoint, there is no reason the gardens and lawn at 14 Buchanan Road cannot remain in place. If you have any questions, please feel free to contact me. Sincerely, Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/qg / Xc> 1 GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 14 October, 1988 Walter Power - Chair Salem Planning Board l l One Salem Green Salem, MA 01970 OCT 17 19EB Re: Pierce Road Dear Mr. Power and Board Members : MILE[] BEPT. Steven Salvo and Clayton Smith, Salem residents with interests on Pierce Road, have requested that the Salem Conservtion Commission require Randall and Loretta Wieting of 14 Buchanan Road to file a Request for Determination of Applicability for gardens within the buffer zone. However, the issue is not whether the gardens impact the adjoining marsh (see attached letters) , but whether the Wietings ' s can use what was once Pierce Road. Therefore, on behalf of the Wieting' s , I ask the Planning Board to aid in clarifying this matter. Please note that the Salem Board of Appeals Decision of 2 November, 1983 granted the Wieting' s a wetlands variance for construction of a porch. The porch actually extends onto what was Pierce Road, therefore the Board of Appeals had a "finding as fact" that Pierce Road does not exist. This position was upheld by the Salem Conservation Commission in 1988 when it denied Clayton Smith construction of a house and extended roadway on the lot adjacent to the Wieting ' s . In 1986 , the Wieting' s planted gardens on what was once Pierce Road following the verbal approval of the Salem Conservation Commission. It is Mr. Salvo' s and Mr. Smith' s contention that the gardens are on city property. As such, they are strongly urging the Conservation Commission to order their removal . Whether the property belongs to the city or to the Wieting' s should be of no concern to the Conservation Commission, however, to facilitate the process I ask the Planning Board three questions : 1 ) Does Pierce Road exist, 2) If not , has that area become the property of the abutters , and 3) If it remains city property, can the Wieting' s retain their gardens until such time that the city requires the roadway? Thank you for your time and consideration. Please feel free to contact me should you have any questions . Sincerely, �,e M Donald M. Kent, Ph. D. CLAYTON W. SMITH 27 Pierce Road Salem, MA. 01970 Li E u t r �/ E U SEP ^ 9 iV"`o p September 29 , 1988 Conservation Commission City of Salem Salem, MA. 01970 Gentlemen: I understand you have under consideration a request of the owners at 1 Pierce Road to use conservation land for personal use i. e . floral garden. Knowledge of this request was learned by the undersigned at your site review meeting on September 28 , 1988. At this time I personally have no position on the matter. However, it seems to me before a decision is made certain information should be made available to the Commission and therefore to other interested parties . I suggest the following information be requested: 1. A plan indicating the salt marsh, the wetlands and the buffer zone. 2 . The measurements of the garden indicated on the above plan and staked at the property. 3 . Soil test performed in the garden area. There are a number of other items that are of interest to me if permission is granted to the petitioner such as : 4. The rights of access to the garden area by others . 5 . Liability if one gets injured on the property. 6 . Length ' of the Agreement and/or rights of perpetuity. It also seems to me that this issue should not be decided without proper notification. I would suggest to you that a public hearing be considered as an appropriate method of notification. Very ruly yours , Cla ton W. Sm t 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued Form 3 OEOE Fa.Na. �r 1��• Commonwealth l jT1b.w..� .a ,0E0E1 I� A` o �p of Massachusetts - ( Salem `O h � GhRowr AaoMc.M Wieting Notice of Intent Under the Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and Application for a Department of the Army Permit . Part 1:Canaral Informatlon ' 1- Location:Street Address 14 Buchanan Road Lot Number 2. Project:Tyoe Gardens Description Maintenance of existing gardens . Weeding, transplanting: no major alterations . t Essex Salem Assessor' s Map lot 318 3. Registry:County Current Book d Pape Certificate(If Registered Land) a AoWicant Randall and Loretta Wieting Te1. 745-9766 Address 14 Buchanan Road, Salem, MA 01970 5. Property Owner Tel. Address 6. Representative Gulf of Maine Research Center, Inc. Tel 745-6618 Address 204 Lafayette Street , Salem, MA 01970 7. Have the Conservation Commission and the DEOE Regional Office each been sent-by certified mail or hand delivery,2 cooies of comofeted Notice of Intent.with supporting plans and documents? Yes IS No ❑ 3-t 10/16/87 (Effective 11/1/87) 310 CMR - '80.17 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING i i 10.99: continued r 8. Have all obtainable oennils.variances and aoorovals required by local by-law been oOlamed? Yes ❑ No O NA Obtained: Aoolled For: Not Aoolied For. 9, Is any Portion of the al(a w4bject to a Waha Wa R*3tftu n order Oursuan(to G.L c. 131.§AOA or G.L. I c. 130.§1057 yea O No P 10.List a1 dens and su000rting documents submitted with aft Notice of Intent. Identifying Number/Latter Title.Date I P1 Plan of T and - 9n TlarpmhpY 1994 i Al Site Location - IiSGS Mar, A2 Impact Evaluation - 7 Tema 1 q9A 11.Check those resource areas within which work is tr000sed: (al in Buffer Zone (b)Inland: O Bank' Lend Subject to Flooding. ❑ Bordering Vegetated Wetland- O Bordering ❑ Lend Under Water Body d Waterway' O Isolated (c)Coastal: Cl lend Under the Ocean' O Designated Port Area ❑ Coastal Beach• O Coastal Duna O Samar Beach O Coastal Bank ❑ Rocky Mtertldal Shore O Salt Marsh• _ 4 ❑ Land Under Sall Pond' O 1"Containing Shellfish' ❑ Fah Run' •Likely to evolve U.S. Army Cores of Engineers concw.enf h See General Ins lruc liens for Comoleling Notice of Intent. 3-2 10/18/a7 (Effective 11/1/87) 210 CMR - 280.18 710 CMR: DEPARTMENT Of ENVIRONMENTAL QUALITY ENGIN EEKING 30.99: continued 12 is the wetland resource area to be altered by the proposed work located on the most recent Estimated Habitat Map(If any)of rare,"stale-listed" veM1ebrale and invertebrate amoral species occurrences provided to the conservation commission by the Natural Heritage and Endangered Species Program? YES [ I NO [g] Date printed on the Estimated Habitat Map Issued NO MAP AVAILABLE [ ] (it any)_., If yes, have you completed an Appendix A and a Notice of Intent and Ned them, along with supporting documentation with the Natural Heritage and Endangered Species Program by certified mail or hand delivery,so that the Program shall have received Appendix A prior to the filing of this Notice of Intent? YES [ ' ] NO [ i 33 10/16/157 (Effective 11/1/87) 310 CMR - 280.19 - 310 CMR: DEPARTMENT Of ENVIRONMENTAL QUALTY ENGINEERING i I 10.99: continued Part It:511e Ooofpllon ' Indicate which of the lotlowwg information has been provided (On a Wan.in narrative oescnplion or calcula- dons)to ciesnty,completely and accurately describe existing site conditions. Identifying Number/letter - (of Wan,narrative or calculations) Natural Features: A2 soils A2 vegetation AT—,AT .Topography NA Open water bodies(Intl dkg ponds and takes) j A� Flowing water bodies(Including streams and rK*m) Public and pnvato surface water and ground water supplies on or within 100 foot of site —� MaxkTwm Wad ground water elevations with dales and location of test Boundaries of resource grey chocked tsder Part 1,Hem 11 above Other Man-made Features: P 1 Struduree Isuch as buildings.piers.towers and headwasel NA Dreytsigie and flood control facilities at the site and immediately off the she,including culverts and open channels (with Inverts),dams and dikes NA Subsurface sewage disposal systems Underground utilities j Roadways and perking areas / Property boundaries,easements and rights-of-way t Other i Part III:Work Description Indicate which of the following information has been provided(on a plan,in narrative description or calcula- tions)to dearly completely and accurately describe work proposed within each of the resource areas checked in Part 1,item 11 above. Identifying Number/Letter (of Wan,narrattve or calculationsl Plainview and Cross Section of: NA Structures(such as buildings.piers, lowers and headwans) NA Drainage and flood control facilities,including culverts and open channels(with inverts). dams and ekes Nam_ Subsurlaca sewage disposal systems d underground utilities _ 7— Filling.dredging and excavating,indicating vokam and composition of material Compensatory storage areas,where required inaddordance with Part III.Section 10:57 NA (4)of the regulations _ Wildlife habitat restoration or replication areas Other Point Source Olacharge Deacrtptlon of chsraclansttp of discharge from point source(both closed and open channeO,when point of discharge falls within resource area checked under Part I. item 1 t abo".as supported by standard enoineenng calculations.Calz and Olans. including but not fimiled to the lollowing: t 3.4 10/16/67 (Effective 11/1/87) 310 CMR - 280.20 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued t 1. Delineetlon or the drainage area contributing to the Dovu of discharge: 2. Pre-and post-devefoomenl peak run-off from the drainage area.at the point of discharge,for at least the 10-year and 100-year frequency storm: 3. Pre-and post-development rate of Infatration contributing to the resource area checked under Part 1.item 11 above; A. Estimated water quality characteristics Of pre.and post-development run-of(at the point of discharge. Part IV:Mitigating Measures 1. Clearty.completely and accurately describe.with reference to supporting plans and calculations where necessary: (a) AN measures and designs proposed to meal the performance standards set forth under each re- source area specified In Part 11 or Part III of the regulations;or fbl why"presumptions set forth under each resource area specified In Part 11 or Part III of the regula- tions do not apply. 0 C Col Reeeurce Area Tyra: la«+nfyp mwrwer or Nnw C tnlarq or av000.i oocum•nn i O Coosw Rewwce was Ty : I a•�niy:np nvmo«or 4tur vuna at w000n oocymemf � I 3.5 10/16/87 (Effective 11/1/871 no CMR - 280.:1 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENCIN EERINC 10.99: continued C Cowl O �� aI�VOOOI OOC1In,In1� 2, pearly,completely and accurately describe,with reference to supporting plans and calculations where necessary: - (a) all measures and designs to regulate work within the Buffer Zone 30 as to ensure that said work does not alter an area specified in Part l Section 10.02(1)(a)of these regulations;or (b) H work in the Buffer Zone will alter such an area.all measures and designs proposed to meet the performance standards established for the adjacent resource area.specified in Part it or. Part III of these regulations. Q Co W Ft w Ma Typ 8d *d 9y 100400t 0q6".-,Zw: 1p«tnly+p mmloer a Nll« D d— Salt Marsh I O1iO°af°°"rls Flower gardens have been in place for 2 P1 , Al , A2 years. No sign of impact to marsh. As a precaution, a 2-3 foot wide grass strip will be established downgradient of the gardens and there will be no alteration of the 35 feet of dense naturally occurring herbaceous vegetation now existing between the gardens and the salt marsh. a-6 10/16/87 (Effective 11/1/87) 310 CMR - 260.22 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUA LJTY ENGINEERING 10.99: continued Part V:Additional Information for a Department o/the Army Permit 1. COE Application No, 2. (to be prodded by COE) (Name of waterway) 3. Names and addresses of property owners adjoining your property: - 4. Document other pro(ect alternatMs R,e..other locations and/or Construction methods.particularly,those that would eilminele the discharge of dredged or fill materiel Into waters or wetlands(. . S. 8%'x 11' drawings in ptanview and cross-section,showing the resource area and the proposed actrv- fty within the resource area.Drawings must be to scale and should be clear enough for photocopying. Certification Is required.from the Division,of Water Pollution.Control before the Federal permit can be Issued.Certification maybe obtained by contacting the Division of Water Pollution Control.1 Winter Street Boston,Massachusetts 02108. Where the activity will take place within the area under the Massachusetts approved Coastal Zone Management Program,the applicant certifies that his proposed activity complies with and will be conducted in a manner that is consistent with the approved program Information provided will be used in evaluating the application for a permit and is made a matter of public record through issuance of a public notice.Disclosure of this information is voluntary,however.if necessary information is not provided,the application cannot be processed nor can a permit be issued. I hereby Certify under the pains and penafties of perjury that the foregomg Notice of Intent and sc::omoanying Plans,documents and supporting data are true and complete. to the best of my knowledge. Signa r f Acolicant f Dale S:gna Applicant's Representative Cate FORM -C,.b o cee r— oo aouaAC1. [ W.1 ur[-. NED 100 (TEST) I MAY 82 i.«..f [I..« My.. IOW q .« •.w.•H u.....«.u.. r«..... h .« US A—, Co.. d G........ OW a ...... 110 •oil.. t.0 3,7 10/16/V (Effective IS/1/87) 310 CMR - 280.23 PLAN OF LAND IN S/9LE'/rl r IV-19ss- R.W. REID CE LYNNFIELO MA. 35' to salt marsh t 100' to river ros � �� V�lDEV16ivPEp zr, Pi e !jam NAIPM , /o L MtlltAM % \ 7)9 f Cc _.. va2 2 't 0 C etsTfS� P411 fS• �v/� St♦FF�� v I certify Ih3t the dweCing is located as shown and con- forrrcd to the zoning laws of the 41 er of �i!<NANAN Rp when constructed. �r4J7 1 , hereby, certify to the best of my knowledge that the premises shown on this plan are located within a flood hazard area as delineated on the map of Community I =•sa/o z'f by the Department of Housing and Urban Development , Federal Insurance Administration, dated A*&.of7 z0^1' • V-.s 'v0/.!: t•/• 'I Ctw+/Ut4r1ff f'e� 'k'W^"i AlJFJJI.fI .IIC�.ti/ I oe-Wak . Mote: This plan was prepared from a tape survey and is Intended for mortgage purpose! only. Offsets shown On Or era LA frrvn rhlc nla.. -__ _, _1-1,# ....r 1.. fit. •` ;( -/ 1 ` ii LAMP' ;"r- .. ,�.a/Co I .'•'�' ...:' ` I .06 - �.•• ` 11 PI a F FN ! I NUMQ f < • F u I a �. PARK �T / I rb qf" n. /MSA k S�tg F--F HA a P fir'. •� ->\ I �. I� e �• / f ft "06 �- �,r `,�,fir � O.� .♦�r��;, ' •%� i..l 1:'�� ;o. �+d'b., i"'�•5. 4 .c)S N FIGURE 1: 5ITE LOCATION SCALE: 1 - - 2100' Base Map: USGS Topographic Map GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 27 CONGRESS STREET SALEM, MA 01970 (617) 745-6618 FAX (617) 741-8648 June 7, 1988 Philip Moran, Esquire - Chairman Salem Conservation Commission One Salem Green Salem, MA 01970 Dear Attorney Moran: The Salem Conservation Commission recently considered a Notice of Intent for construction of a house and driveway off Pierce Road, adjacent to the Forest River. During the hearing, a question was raised as to the effect on the salt marsh of a lawn within the buffer zone. The question of potential impacts to the marsh has now been expanded to include gardens as well as lawns. Loretta and Randall Wieting of 14 Buchanan Road maintain a lawn and gardens within the buffer zone of the Forest River salt marsh. The lawn and gardens begin 35 feet from the salt marsh, and 100 feet from the river. At their request, I have considered the impacts of the lawn and gardens on the salt marsh. My conclusions pertain to the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 1311 Section 40 ) and are based on observations of the Wieting property and surrounding properties on May 31 , 1988 . GULF OF MAINE RESEARCH CENTER INC. According to the Massachusetts Wetlands Regulations ( 310 CMR 10 . 00 ) , salt marshes are significant to "protection of marine fisheries, wildlife habitat, where there are shellfish to protection of land containing shellfish, prevention of pollution and are likely to be significant to storm damage prevention and ground water supply" . As such, "any project in a salt marsh, or within 100 feet of a salt marsh, shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh" . Protection of Marine Fisheries and Land Containing Shellfish There is no evidence that the lawn and gardens affect the production of organic matter in the marsh. Organic matter is exported as detritus and dissolved organics to estuarine and coastal waters where it provides a basis for the food web supporting fisheries and shellfish. Alterations of the buffer zone could potentially affect surface runoff patterns, permitting increased flow of freshwater to the marsh surface. Such flow could result in the replacement of marsh vegetation with upland vegetation, thereby decreasing the production of organic matter. Although there was evidence of channeled surface water runoff in one of the gardens, the effects are presently mitigated by a 35 foot zone of herbaceous upland vegetation. The salt marsh also provides a potential spawning and nursery habitat for estuarine forage finfish. Possible impacts include increased turbidity due to erosion and decreased salinity due to increased upland runoff. Neither effect was observed or is likely to occur as long as the buffer zone remains vegetated. GULF OF MAtNE RESEARCH CENTER INC. Protection of wildlife Habitat The marsh provides food, shelter , breeding areas, and migratory and overwintering areas for wildlife species. Use of the buffer zone could potentially alter marsh vegetation through changes in drainage patterns, and could disturb feeding and/or nesting wildlife. As stated above, there is no evidence that current activities have affected marsh vegetation. It is more difficult to ascertain if activity in the buffer zone disturbs wildlife using the marsh. Belted kingfishers (Ceryle alcyon) , which nest and feed in the estuary are known to have a low tolerance of human disturbance near nest sites (Prose , B.L. , 1985 U.S. Fish Wildl. Serv. Biol Rep. 82 : 10. 87 ) . However, there are no potential kingfisher nest sites near the Weiting property. Observations at the time of the visit indicated that kingfisher feeding is undisturbed by human activity in the buffer zone. Great blue heron (Ardea herodias) and snowy egrets (Egretta thula) also feed in the marsh. Short and Cooper ( 1986 , U.S. Fish wildl. .Serv. Biol Rep. 82: 10 . 99) ) suggest that great blue herons require foraging areas approximately 328 feet from human activities. Snowy egrets can be assumed to have a similar requirement. ' The foraging area is only 130 feet from the nearest gardens so the potential for , disturbance to feeding herons and egrets exists . However , infrequent use of the buffer zone area probably minimizes the impacts. Furthermore, given the proximity of houses in the area and the level of human activity, the herons and egrets are likely to be habituated to human activity, and therefore tolerant of buffer zone use. Other wildlife using the marsh are less susceptible to disturbance. GULF OF MAINE RESEARCH CENTER INC. Prevention of Pollution Salt marsh plants and substrate remove pollutants from surrounding waters. As there has not been a reduction in salt marsh plants or substrate, the lawn and gardens have not diminished the capacity of the marsh to prevent pollution. Nor has maintenance of the lawn and gardens introduced additional pollutants to the marsh as fertilizers, pesticides and herbicides are not used. Storm Damage Prevention Salt marsh cord grass and underlying peat are resistant to erosion and dissipate wave energy, thereby reducing storm damage. Again, as there has not been a reduction in the amount of cord grass and underlying peat, the capacity of the marsh to prevent storm damage has not been diminished. Groundwater Supply Peat serves as a barrier between fresh groundwater landward of the salt marsh and the ocean, thereby helping to maintain the level of such groundwater. Activities related to the lawn and gardens have not reduced the amount of existing peat, nor are they likely to slow peat production, therefore the groundwater supply is protected. . Conclusion and Recommendations There is no evidence the Wieting' s lawn and gardens within the buffer zone are destroying any portion of the salt marsh or are having an adverse effect on the productivity of the salt marsh. • GULF OF MAINE RESEARCH CENTER INC. • There is no indication that the marsh vegetation has been altered or that siltation of the marsh surface has occurred. Furthermore, there is no evidence that the minimal amount of human activity that occurs in the buffer zone disturbs wildlife. To ensure continued salt marsh productivity and protection of the salt marsh vegetation, channeled surface water runoff should be Prevented. This could be accomplished by decreasing the unvegetated area in the gardens nearest the marsh, leveling the surface of the gardens so that channels do not develop, or establishing a 2-3 foot wide grass strip for diffusion of surface runoff downgradient of the gardens. Additionally, herbicides and pesticides should not be applied to the lawn or gardens. Organic fertilizers should only be applied during the time of year that the vegetation is incorporating plant nutrients. I have discussed these conclusions with the wietings and they have initiated measures to prevent channeled surface water runoff. If I can be of further assistance, please feel free to contact me. Sincerel/y� /f/ Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/gg GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET August 30, 1988 SALEM. MA 01970 (508) 745-6618 FAX (508) 741-8648 Salem Conservation Commission One Salem Green Salem, MA 01970 RE: Loretta and Randall Wieting 14 Buchanan Road Dear Commissioners: This letter is intended to clarify my letter of June 7, 1988 regarding potential impacts to the salt marsh from lawn and gardens at 14 Buchanan Road. Based on observations of the Wieting property and surrounding properties on May 31 , 1988, my conclusion was that "there is no evidence that the wieting' s lawn and gardens within the buffer zone are destroying any portion of the salt marsh or are having an adverse effect on the productivity of the salt marsh" . Furthermore, I stated that "there is no indication that the marsh vegetation has been altered or that siltation of the marsh has occurred" , and that "there is no evidence. . .that human activity. . .disturbs wildlife" . I closed the aforementioned letter by suggesting precautions that could be implemented to insure that the salt marsh is not altered. This was not meant to imply that alterations would definitely occur if the precautions were not implemented. My suggestions were made in an effort to reduce a negligible chance of marsh alteration to a zero chance of alteration. The wieting' s have chosen to establish a 2-3 foot wide grass strip downgradient of the gardens. This strip, in addition to the 35 foot zone of natural vegetation that exists between the gardens and the salt marsh, will prevent any surface water runoff from reaching the salt marsh. Therefore, the gardens and lawn will not alter the salt marsh . I apologize for any confusion that may have arisen. From a wetlands Protection Act standpoint, there is no reason the gardens and lawn at 14 Buchanan Road cannot remain in place. If you have any questions, please feel free to contact me. Sincerely, Donald M. Kent , Ph. D. Senior Environmental Scientist DMK/qg