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64-66 - 14 Franklin Street - CONSERVATION COMMISSION vi 4v ^SlIWS r t , I • --•'.stv�...'!ak:.rss_.��r.. ` -t....,�..x.� ,... i..,liii..t. � . ••w`�O V i i, � ;� i .. R . 1 %� 1 J ! t F � BURNHAM ASSOCIATES INC. Marine Contractors • Engineers February 9, 1994 eX & Betsy Horne, Chair �� City of Salem Conservation Commission Ore Salem Green Salem, Massachusetts 01970 Re: 14 Franklin Street, Salem Order of Conditions dated May 22, 1980 Dear Ms. Horne: The undersigned is Trustee of the Franklin Street Realty Trust, owner of the property located at 14 Franklin Street. The Salem Conservation Commission issued an Order of Conditions to a previous owner of the property on May 22, 1980 for construction and maintenance of a seawall and marine railway, copy enclosed. That owner moved to the next lot at 12 Franklin Street when the work was completed and had no further interest in 14 Franklin Street. As a result, a Certificate of Compliance was not obtained for this Order of Conditions. I would like to bring this matter to conclusion. I therefore invite you and all members of the Commission to inspect the work previously performed. I respectfully request that the Certificate of Compliance be completed. Sin rely, Cr g C. Burnham 26 Dearborn Street Salem, MA 01970 Telephone (508) 745-1788 Fax (508) 741-1984 r� N FORM 4 ORDER OF CONDITIONS W E T L A N D S P R O T E C T I O N A C T G.L. C. 131, s. 40 ------------------------------------------------------------------ CITY/TOWN SALEI-1, -•_ASS. FILE NUMBER 64-66 TO: NAME SILENT SHIPS ADDRESS14 Franklin Street Sat m CERTIFIED MAIL NUMBER PROJECT LOCATION: Address 14 Franklin Street Salem Massachusetts Recorded at Registry of So. Essex Book 5834 Page 422 Certificate (if registered) i REGARDING: Notice of Intent dated February 1, 1980 "Plan of Land in Salem, Mass. , showing and plans titled and dated proposed stone rip rap 6 MarinaY, lwa dated THIS ORDER IS ISSUED ON (date) 2 2/1/80. (date) . 2 1980 Pursuant to the authority of G.L. c. 131, s. 40, the - SALES[ CONSERVATION CO�L`fISSION 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 CTT-1ISSION 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. -1- •T i FORM 4 to q 31 i a c N G ORDER OF CONDITIONS CONTINUED FILE NU11MER 64 66 _ ? v N C. c + 2. This order does not grant any property rightsor any o ; sive privileges; it does not authorize any injury to u q r, property or invasion of private rights. i y C C3 Ctr 3. This order does not relieve the permittee or any othe zo u, son of the necessity of complying with all other appl u federal, state or local statutes; ordinances, by-laws or regulations. o o q v F C 4. The work authorized hereunder shall be completed witt.. o (1) year from the date of this order unless it is fox maintenance dredging project subject to Section 5(9) . o order may beextended by thc: issuing -uthority for or r ' 0 more additional ane-year periods upon application to said issuing authority at least thirty (30) days pric the expiration date of the order or its extension. 5. Any fill used in connection with this project shall t fill, containing no trash, refuse, rubbish or debris, ing, without limiting the generality of the foregoing, 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 64-66 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. -L- �`ORDER�NDITZpNS CONTINUED FII 0.' 7 64-66 10: 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 satis- ractorily completed. 11. The work. shn,l conrorm to the following descrlbed plans and additional conditions. The Commission has determined that the work and the area is significant to storm damage prevention and issues the following order: 1• Except as modified by this order all work shall be in accordance with drawing titled "Plan of Land in Salem Mass showing proposed rip rap and marine railway dated February 1, 1980, revised May 8, 1980, prepared by Essex Survey Service, Inc. 2• All existing fill shall be removed from within ,30 re the the mean high water line (elevation 16m1w) . The fk11 shalt of sorted and all items prohibited in the site. Section 5 shall. be .cemove'd. f,Fo'm 3. -The remaining fill shall be spread on the site aad ,use3asl` required for the proposed work. 4• The proposed rip rap on the bank shall be constructed by founding the toe of the rip rap on the firm soil at approximately elevation 2 feet mean low water datum. All stone used shallbein accordance with the Mass. Department of public Works specification for rip rap. The proposed gravel fill shall not be used. 5. The proposed marine railway shall be constructed with a width of 20 to 30 feet. The walls shall be constructed on the firm soil at approximately elevation -2 feet mean low water datum. 6. Any additional work or installation of equipment shall require an additional Notice of Intent. 7. Items 2, 3, 6 4 shall be completed before September 30, 1980. The Conservation Commission shall be notified at least 7 days in advance to inspect the spreading of the remaining fill on the site as required in item 3. The Conservation Commission shall.be notified at least 7 days in advance to be present for the start of construction of the rip rap bank as required in item 4. -3- ORDERS' OF CONDITIONS -'continued ,1 The .applicant, any person aggrieved by this order, any owner of iand abutting the land uponwhichthe proposed work is to be dr.ne, 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. ISSUED BYSAL COCONCERVAT_ION y; (vf ,( .icriv . ; .On this 22nd day of May 19 gm before me personally ;a�pdynred••, rha ahnva i orcin¢ _ _ - to me kpeucq to' �!e the person described in, and who executed, the foregoing i.h .trc-n_-nt 'and acknowledged that he executed the same as his free act ,rant( iLee�. , �\Xy Commission expires 6/26/86 DETACH ON DOTTED LINE AND SUBMIT TO THE ISSUER OF THIS ORDER PRIOR TO COMMENCENIENT 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 .q- A e4P�,ON Co C Conservation Commission • N y Salem, Massachusetts 01970 Telephone (617) 745-5056 �ASSnC� MINUTES OF MEETING August 13, 1981 The Commission met at One Salem Green, third floor, on August 13, 1981. Commission members present were Raymond Lavender, David DeVoe , Alice Akatyszewski, and Philip Moran (8:15 p.m. ) . Paul Willis, Brian French, and Bradford Northrup were absent. Vice-chairman Raymond Lavender called the meeting to order at 8110. (A quorum was reached shortly thereafter with the arrival of Mr. Moran. ) WILLIAM LINSKY--FRANKLIN STREET It had come to the attention of the Commission that heavy equip- ment recently arrived at the site of a salvage lot on Franklin Street. There was some concern that dredginT was being done without permit. However, a letter was read (attached hereto and made a part hereof) by Mr. Lavender stating that the equipment was being used for the removal of granite stones on the property to. a different area. David DeVoe stressed to Mr. Linsky that • any actual work being done on the property would require a permit. Mr. Linsky agreed stating that any work planned was a "long way away.,, There being no further questions from the Commission members , Mr. Linsky was excused with the members' thanks . MOOSE LODGE--HIGHLAND AVENUE A Cease and Desist order was served to the Moose Club on August 6, 1981. They have been dumping fill on the property behind the club house (313-321 Highland Avenue) . The area is a wetland and further is governed by DEQE due to potentially hazardous waste being buried there from the incinerator. Mr. William McLaughlin and the Building Committee of the Lodge appeared before the Commission. Mr. McLaughlin stated that several months ago the Moose Lodge was approached with an offer to buy the property behind the Lodge (Lot 675) . The taxes on the property are prohibitive and they felt if they could improve the property further, the value would be enhanced. The title is being searched and it is not clear where the actual property line is. He noted that 80% of the fill was of high quality and the Moose has no intention of damaging the brook in any way. They want to work with the Commission to reach a mutually benefi- cial decision. I Minutes of Meeting7-August` 13, 1981Page, 2 Y Mr. DeVoe noted that an work done within 100 feet of a wei tland s • ..covered by the, Wetlands Act.. Any :signifieant rainfall would im- mediately drain the fill into the,;,brook.' Mr. . McLau hlin"said the have lhcrease the` 14 , ; g y' height- of, the berm. and the fill would not move. . He „discussed the 'possibility, of cul- verting 'the brook in -the future anP stated that they would follow the guidlines ;of. the Commission. He .further' stated that this was all still in the planning 'stages. 'Title"search, . surveys, - geologic surveys; zoning research, ,etc. .were ,still,to be done . . He asked, x ' however, if the Cease'and!Desist"order couldpbe amended so that they could fill in a pori'sensitive”area: ..Susan Madison noted``ihat the~jurisdiction of t14 Wetlands Act was within 100,'feet of the wetland. 4This is a particularly sensitive area because it drains ,into Thoinpson's Meadows. - I£ the fill -is 'moved back away from .the embankment, that would be acceptable to ; the"Commission. Additionally; Susanxand the 'Commissioh'members !strongly discouraged"the Lodgetfrom culverting the :brook . . They a ' felt it would be prohibitively expensive and very difficult to `obtain ,permission. from all governing ,authorities.. . The City of Salem is under. or'ders.'fidffi the State '=to"leave' the embankment alone. s The City Engineer hasnmore information on this. It is a, wetlands . problem, , but more ,than'one agency',is ;involved due to. the waste buried there .,. Mr. -DeVoe added thatone of the major _problems is that the slope is not(supportedD. . .. " �Mr. McLaughlin -asked if they^could:erect 'a snow fence. He stated F- that it was -the Lodge's intent ,to d:ncre' aserthe surface of the area as much as was.. feasible and they have plans to hire a `soils en g neer to investigage the possibility of ,a .culvert. Susan will put Mr. McLaughlin in :touch with a +person from DEQE.' Mr. Me- Laughlin would- like to host `a meeting on site with DEQE,Ithe Commission, and all involved parties to discuss this matter fur- then. Mr. DeVoe felt: that there would be no .,objection to removing -the a . fill from.the embankment -and using it� in a non-sensitive ,area. A letter will be .sent to the Moose Lodge ,to that- effect. , Susan Madison added that. the fence was' a good idea. Mr: -McLaughlin said a'fence. would be erected 'by .the first of next week: Mean- while .they ''will, continue to gather information " The Lodge would' 'like to ,go as far as 'legally possible on ,their land.' They. have used 2600 c-. yds. of'fill already. Mr. Moran raised the possibility of seepage from underneath. the fill due. to the large amount there* ' Mr.- McLaughlin said there is 'a clay seal so"no seepage could occur, ,but any Commission member is -welcome to come and take samples at any. time. He wants cooperation between all parties. There `being noefurther questions,-:Mr. McLaughlin was dismissed with • ;; the thanks of the :Commission-members. • 4 0.Y b±. 8 + Q .. aa w Minutes of Meeting--Augustyl3,11{1981 ,,•F 3,; 11-;,0 pae 3 DEARBORNLANE V # ', Mr. Leonard Pappalardo presented a._plan showing the existing grade and hiom- pleteds pMr.l DeVoeostatedthe gthat�itlwasehisthat cunderstandinglcthe request was to bring thekoriginalFcontour back to the ,toe 'of the slope. Mr._ Pappalardo said ,this •was tiis •intention. What fill that wasn't used•as backfill -.will�be removed from the beach. ` ° k ' Mr. Norman Houle of' the. Planning Board -(also a neighbor on Dearborn Lane) , said the.-neighbors!, biggest concern is the opening .of the right-of-way ;which .abuts�the prgperty ` -TYie!neighbors want a house on• the -lot to .finish the neighborhood, but''the ,right-of-wiy- is the main•.concern. Susan Madison said a letter will be written .to the effect that What fill is not being used as backfill will be removed and-,the . Building Inspector will be advised to issue- a ,permit for the foun - dation .only. - Then the Commissioncanview the situation' -, again and . if all conditions have been met, the ' permit for- the house':itself will be-,issued:: The feeling of -the Board was that this was sat- isfactory. ' It was., so voted.. ..-There being no further questions or. comments, Mr.. Pappalardo was excused with ,the thanks of ttie. Com- mission. • FIORE--HIGHLAND AVENUE Mr. Lavender visited the, site .behind the ARCO station (Assessors ' Map 3, Lot 129= Assessors Map 2, Lot 7) twice with Susan Madison and observed that-fill was being cumped into the brook. Mr. • Fletcher's office agreed :to write, a Cease and Desist order.. which was served to Mr. Fiore's daughter by Mr. Lavender and a police ' officer on August 6, 1981. ; Mr. Fiore has .not contacted the `Commission and cannot be reached. It was observed that further. " - *fill was dumped there'rtoday (August 13, 1981) . Mr.' Moran. visi- ted the site,and expressed concern to .person he believes was Mr. Fiore's grandson. Later he was contacted by Nick Fiore , Jr. who stated the. fiil• was being put ,there so heavy. equipment could e *• reach the other side of. the bank. Mr. Moran suggested he come before the Commission; however, Mr. Fiore, .Jr. said the land was ,owned by his father. ,, - - Susan Madison observed that the potential for flooding_ in. this area is great. t: 3 _ Mr. Moran .felt that, there should be a. proper service of a Cease and Desist order. 'He will find out 'the . exact address of Mr. Fiore, Sr . and an additional Cease and Desist order will be served, by a police officer. " It was so voted'. rye -" Minutes of Meeting--Augusts 13',"-1981 ' ! Page 4 r PICKERING WHARF EXTENSION,: The proposed work .on, Pickering Wharf,'has been cleared with the Army :^ Corps of Engineers so they now, need,�a*one-year extension on their Order of Conditions: yyk ,t Mr. Devoe moved to.. extend?the permit for .the Pickering Wharf Marina by one year. This was seconded by:•Mr."�-Moran. It was so voted. YOUTH CONS ERVATION CGORPS -; ; - - Susan ,Madison ;reported that 'all ?is fine •with-the Y.C .C; The program has about two,weeks to go. Work has been done in the back section and they have done "a fine job. OLD BUS INESS-o-PICKMAN "PARK • Mr. Moran had contacted Mr. Viselli regarding :work being done at. Pickman Park: Mr.' Viselli is no longer in charge of. the Park and suggested' Couricillor -Nutting and Mr. Fletcher ,be contacted.. There is: a hope, by the Pickman Park Association..that dredging work • can eventually be 'done. ' Mr. Moran will contact, Councillor. Nut ^ , ting. MARBLEHEAD LAND Mr. Moran`has not yet received any -informationafro.m Brad Northrup regarding -the status of this land. However, Brian French has requested that Mr. Moran meet, with Mr. Mackey and also contact Assistant City Solicitor Stafford regarding the possibility of appropriating funds. for purchase .of ,the Mackey land. He feels ' Mr. Mackey may be receptive, to an offertobuy as .Marblehead will not allow him to tie into their sewer system and the land is not suitable for septic systems. '"Mr, Moran will report further at a later date, *A mot ion. was:made +and seconded to approve the minutes of the July . ' 23; 1981,' meeting as corrected.-to. include the vote to accept the Order of Conditions as .presented for Philip D. Moran, 415 Lafayette Street, Salem. It was so. voted. - •A -"motion was made .to ,adjourn by Alice Akatyszewski'and seconded . by David,DeVoe . There being no further ,business , the meeting was adjourned. ai' 9:3O 'p,m •.; Respectfully submittedYV BURNHAM ASSOCIATES " Telephone - 26 Dearborn Street (617) 744-0488 MARINE CONTRACTORS • ENGINEERS Salem,MA 01970 • "ugust 13, 1981 Salem Conservation Commission One Salem Green Salem, Massachusetts 01970 Gentlemen: At the request of Mr. 'William Linsky we send this letter to state that we have used his property at 14 Franklin St. as a boat yard since he purchased it in August, 1979 and con tinue to do so. In regard to your concern as to any dredging operation, no material has been dredged nor do we intend to dredge at this time. All we have done is remove the granite stones • placed on the railway for its protection when not in use in order that we7 can use it again-at this time. Please feel free to contact us if we can be of further service regarding this matter. Sincerely yours, BJB.t IDUI ASSOCIATES Cra g C. Burnham CCB/p1 • "Y ' MINUTES OF MEETING - OCTOBER 23 , 1980 SILENT SHIPS Mr. Russell was present along with his engineer Dick Mailhoit. `n=A" Brian French noted that illegal fill was placed on the property over a year ago. The commission had considered an application last spring. . .Order of Conditions were issued at that time. . . and the applicant is now back with another proposal. He noted that the Commission was concerned that illegal fill is still there and has not been worked on as per the Order of Conditions. Mr . Mailhoit spoke for Mr. Russell. He informed the commission that the proposed work would consist of adding some fill and building a retaining wall and also constructing a marine railway.. He noted that the---new;-plans show a more logical continuation of the shoreline from a practical and asthetic standpoint than his original plans. One main reason for the proposal is the disasterous ice build up in the area. In the future, he would like to carry the wall past his property. Brian French noted that the wall design sketches submitted for the analysis did not agree with the previous plans submitted in that there was a future dredge line drawn on the sketch but not on the drawing. Mr. French was concerned that they would dredge down below the foundation of the wall as built. Mr. Mailhoit noted that the construction of the wall would be only 4 feet below the proposed level of dredging. Brian French further noted that a cross section showing the bottom of the wall elevation in relation to the proposed dredged level would also be needed before any action could be taken. He also noted that a letter withdrawing the previous Order of Conditions should be written to the Commission . Plans and specifications were reviewed by Commission members . A motion was made by Phil Moran and seconded by Ray Lavender to continue the hearing until November 13th at 8 :15 PM in order ,to secure additional information discussed. The vote was unanimous and the acting chairman declared the motion carried. Brian French read conditions stated in Mr. Russell' s previous Order of Conditions: Items 2-3-4 shall be completed before September 13, 1980 : 2 . All existing fill shall be removed from within 30 feet of MHW level . The fill should be sorted and all items prohibited in Section 5 shall be removed from the site. MINUTES OF MEETING - OCTOBER 23 , 1980 SILENT SHIPS (continued) 3. The remaining fill shall be spread on the site and used as. required for the proposed work. w .T.-. �;�"j° °• 4 . This item discusses the proposed rip rap on the bank and how . it shall be constructed. Brain French asked Mr. Russell when he expected to do the work. Mr . Russell asked the Commission if they had any objections to his complying with these requirements in conjunction with the actual construction of the wall in relation to the new Order of Conditions. Brian French strongly urged that the situation be remedied im- mediately. Mr. Russell was amenable and informed the Commission that he would remove the fill in two stages. Remove k the fill , sort it and then have it :inspected. He will repeat this twice. Phil Moran inquired about the disposal of the illegal fill. Mr. Russell noted that it would be put on a truck and taken to Amesbury. FOREST RIVER Sue Madison noted that Cleti Cervoni' s conservation workshop was held for 10 teachers. She noted that a great deal of interest was -expressed. Betsy Sargent would like to contract with Celti and Audubon to do at least a 5 session marine workshop on the saltmarsh. The workshop program, however, was inadvertantly mis-advertised in the superintendant' s bulletin. PAUL FOURNIER Sue Maidson noted that Paul Fournier has informed her that he has taken air rifles away from some persons in the conservation ,area. He had obtained license plate numbers but received no cooperation from the police . Phil Moran noted that he will set up a meeting with Murray Greenlawn to discuss our position. Sue also asked if a city ordinance could be instituted in con- junction with the conservation land so that we can curb the use of snowmobiles and trail bikes. Phil Moran noted that it is city land and any enforcement can be established. LEGG HILL ROAD Brian French informed commission members that a new appraisal on. Leggs Hill Road will be scheduled soon. Sue Madison is scheduled to meet with Rich Stafford next week to get things rolling Minutes of Meeting - December 2, 1980 JAMES GEMMA A motion was made by Alice Akatyszewski and seconded by Ray Lavender to approve the Orders of Conditions for James Gemma as read. They are as follows: 1. All work will be done in accordance with the plans entitled "Site Detail Plan of Land in Salem, Massachusetts for James Gemara" dated October 10, 1980 prepared by Erland Townsend Jr. , Civil Engineer, 2 Bourbon Street, Peabody, Mass. 2. All material from the foundation excavation shall be removed from the site. 3. Foundation wall and floor slab will be built using waterproof construction methods. 4. There will be no further filling on the rear portion of the lot. The vote was unanimous and the Chairman delcared the motion carried. SILENT SHIPS A motion was made by Ray Lavender and seconded by Dave Devoe to approve the Orders of Conditions for Silent Ships as amended. They are as follows: 1. This Order of Conditions supercedes the Order of Conditions issued May 22, 1980 file #64-66. 2. All work shall be done in accordance with the plans entitled "Plan of Land in Salem, Massachusetts showing proposed stone rip rap and Marine Railway" dated February 1, 1980 and revised March 5, 1980 prepared by Erland Townsend Jr. civil engineer, 2 Bourbon Street, Peabody, Mass. 3. All work shall be completed prior to June 30, 1981 and shall be subject to an on site inspection by the Conservation Commission. The vote was unanimous and the Chairman declared the motion carried. NICHOLAS DECOULOS A motion was made by Ray Lavender and seconded by Alice Akatyszewski to approve the Orders of Conditions for Nicholas Decoulos as read. They are as follows: Form 3 ( WETLANDS PROTECTION ACT MASSACHUSETTS G.L. C. 131 s. 40 NOTICE OF INTENT All parts of this form and the attached Environmental Data Form shall be completed under the pains and penalties of perjury. Incomplete filings may be rejected. DATE: .Tu�Y 11 1480 Conservation Commission of (City/Town) : _ S_ A\EIti. 1. Notice is hereby given in accordance with the provi- sions of Massachusetts C.L. c. 131, s. 40 that the proposed activity described herein is within the juris- diction of City/Town St,LEri at FRAtiKLIt4 Street. / Most recent recording at the Registry ofScSc.K` S.oLert (JnS5. Book ,5 R ; , Page _�fZ;Z .. QK.`hoc'Z I'). z 7S, W 4WY-R Py 106n Certificate (if registered). 2. The land on which the work is proposed to be done is owned by: NAME(s) A u,J SLTCL7C, ADDRESS IA FRANCI..III ✓r. CiQLeM i 1A55 1 3. The applicant submitting this Notice is: S)LCNT SHIPS Tnr. NAME nccntin (C'ui3LLL - , ADDRESS l$ F�PkhJM Lw Sr. S/4 I'1Ns: TELEPHONE (Optional) The following person is hereby designated to represent the applicant in matters arising hereunder: NAME (Zicbn,zn L M ,,LHc,-r ADDRESS Jq+ Q, rotzoST. Ly Nd MAz 745- 7929 TELEPHONE .gq - q ;_V s Form 3 continued 4. flans describing and defining the work, included herewith and made a part hereof, are titled and ��dated: 1 : p • PROPc7D 'AaJALL � A MRINE Pnl�u/iAy/ T,Ly 8 1`JE+n 5. Identical material has been submitted by certified mail as follows: Original to Conservation Commission (DATE) ( y� Igyp Three copies to appropriate regional office of the Depart- . ment of Environmental Quality Engineering (see map for regions and addresses) . Date _ ��sLggp NORTHEAST n SOUTHEAST CENTRAL WESTERN 6. Has the required $25.00 filing fee, payable to the city or town, been included with the submission to the Conservation Comill los Ioil s . \IF5._ 7. Has the Environmental Data Form been completed and submitted with each copy? ler, 8. Has a locus map (81-, ' x 11" copy of USGS topographic sheet with the site marked) been included with each copy? fes 9A. Have all obtainable permits, variances, and approvals r required by local by-law been obtained? No \ B. If they have not been obtained, have they been applied for? 'IG 1, If yes, includ.: with the 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. 10A. Is the. site of the proposed work subject to n wetland restrfctlon order recorded pursuant to G.L. e. 131, s. 40A, or C.L. c. 130, s. .105, by 'the Department of Environmental Management? YES ; NO Do Not Know B. Is the site of the proposed work in, or within 100 feet of: a coastal dune ; coastal bank Com; coastal beach ; salt marsh land under the ocean IX. ; a salt pond anadromous/catadromous fish run ; do not know ? 11. Signature(s) of owner(s) of the land (if by agent or option holder,4w,pittealau hori ation must be attached) -2- � I (Form 3 continued) 12. What is the purpose of the proposed project? To Con15TP,U( T /�, SEA w/i LL Tc- PF-40TGC I- $HoRE LINC ^M0 Tv Cc A$T(?Vt - P Mra RiN� Ri> �LW Ay 1.3. I HEREBY CERTIFY UNDER THE PAINS AND PENALTIES OF PERJURY THAT THE FOREGOING NOTICE OF INTENT AND ACCOMPANYING ENV MF AL DATA FqRM ARE TRUE AND COMPLETE. Signature of Applicant Dat I I i 1 -3- Form 3 contLnued - - WETLANDS PROTECTION ACT ENVIRONMENTAL DATA FORM 1. All parts of this form are to be filled out by .the applicant or his agent under the provisions of G.L. C. 131, s. 40. 2. Where a section is not relevant to the application in ques- tion, the words "Not Applicable" should be entered on the appropriate line. NAME OF APPLICANT ----_-- S:4€rl >`SciILS__- � Nc_____Ixii=roCU � h'uSsELL ADDRESS OF APPLTCANT MUNICIPALITIES WHERE ACTIVITY IS PROPOSED AND NOTICE IS FILED DESCRIPTION OF PROPERTY INVOLVED IN APPLICATION (including the dimensions of any existing buildings, decks, marinas, ( existing cesspools) Sc'E PLla N`' DESCRIPTION OF MODIFICATIONS PROPOSED ON THE SITE, including grading, dredging, removal of vegetation, etc. SjV:e cNs A. SOILS 1.. United States Department' of Agriculture Soil Types (show on map) PLLL 2. Permeability of soil on the site. (Dates of testing.) Ncr hPPLIcN k3Lr-- 3. Rate of percolation, of water through the soil. (Dates of testing.) N o'i JJ P&I Lle/a'i(_IT B. SURFACE WATERS 1. Distance of site from nearest surface water. (Date of measurement.) U � Sc-t PLr�N S� -4- (Form 3, continued) 2. Sources of runoff water. 3. Rate of runoff from the site. i cF5 4. Destination of runoff water. MORI--tl RlirR 5. Chemical additives to runoff water on the site. C. GROUND COVER 1. Extent of existing impervious ground cover on the site. C/I, 2. Extent of proposed impervious ground cover on the site. 3. Extent of existing vegetative cover on the site. 4. Extent of proposed vegetative cover on the site. D. TOPOGRAPHY 1. Maximum existing elevation on site. 2. Minimum existing elevation on site. 6 3. Maximum proposed elevation of site. 4. Minimum proposed elevation of site. H 5. Description of proposed change in topography. SOC -5- r (Form 3, continued) E. GROUND WATER 1. Minimum depth to .water table on site (at time of filing) X07 APPLtCaci LC 2. Maximum depth to water table on site (at time of filing) NCT _ i e('L-1 cia n"a F. WATER SUPPLY 1. The source of the water to be provided to the site. N_t=_3.POLI craw L= 2. The expected water requirements (g.p:.d.) for the site. 3. The uses to which water will he put. G. SEWAGE DISPOSAL 1. Sewage disposal system (description and location on the site, of system) N - r AePLI c'n ri' E 2. Expected content of the sewage ( effluents (human waste, pesticides, detergents, oils, ,heavy metals, other chemicals) 3. Expected daily volume of sewage. iJ.cr APP LtCracit_P_ H. SOLID WASTE 1. Estimated quanttty of solid waste to be developed on the site. 3 N4oT APDL! CA[i LL3 2. Method for disposal of solid waste. Ncr /aci413LC 3. Plans for recycling of solid waste. I. BOAT YARDS, DOCKS, MARINAS 1 1. Capacity of marina (number of boats, running feet) uCT APrr4 r'R l3 Lt' -6- r (Form 3, continued) 2. Descript Lon of docks and floats - (site, dimensions). 3. Description of sewage pumpout - facilities (type of waste disposal) . 4. Description of fueling facilities and fuel storage tanks. _ lJc)'r E? PFi,Uc,vr3te 5. Description of fuel spill prevention measures and equipment --- ---- IJc f /"(7.04i cia 13 z-'C J. IMPACT OF PROPOSED ACTION APPLIED FOR 1. Effects on plant species (upland and marine) . - --_ -.. _ . -_ . - - - -._:_.. . _ _ . . N N4, 2. 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Ac �<If_,C �P , V�\Y/ Yn q -.iq i Alf 1OW"I mop il 4 F ��v vi, 'o, T lzli ;"ArX5 ANQ- - " "- �T, , �, -ijil" , If P 1� / I! - ,_1- Wx 2�: z- K A, u Ilk Ill I -B f�; ifePS I�51, 4\, 1_15 j,"r -10 W PE(v) Pie _fe B "0 11CM Nick: )_7 :7;' x,M, A V� A SAI� ENI N%)<hM,;o/AQ, >P Y -'p I I �? I �Mp Ra X X \4 47 lq i4"'. 'T tj u-s-coast iriird l, y Air Stak!W I , . "I 'd to 8 a 1, it" 2) A if d t to trq�I Fi�;, fa 0 31 5Q M, Ilk lialil -A 'it V 0 L o. __F E 5F-P%\WALL- PROPO!6E A R IN I- PN I L V-IA'4 FR,P,tA K LI P,4 S-r— z LUCIEN 3 MAILHOIT. No.26555 134- Oyf.FORO GT iot, 01 TV P%J-11mi, 0 A SS, I At 4� go 1011 I A""Z I e7o �f7 71!7 C//0 rl�rz cc 41 V, 11'701 lgncc 70 77Cnt 17 I�M!i C0",rf"': Si.lerzl Slu,nn_, Inc., 7enan� on ouA �uzvnerz�rf of l2 rnaak.lin Sfged. Sa�e7i, ,�1aojadzu,.je%;Ej haj owi au#hogipj,Lon Yo jeeh ,oem:.46 #o com,4Aact, a# #/rein expense, .ScrvivV-4 and Manlne "ailvue/ along. the AVO/zA ,;�.ven Pourzduay. of oun C oa y `odjdvn, 17n., 7nevd;(ee _ En141 g1�18�IT. N t,S c5 _S� -. �� R f3 L l -y Cqlp- I+NKL .r �� FKK5� 5 ac w1, FF Mf 1 . 1 o ff#I#I GI s-o I j IUA T I t ,0.265I N IV s 6� W u N 9 NAL r INi la V N I � I .. I w o• YU w is !o N � e+ 1 tl/ \• 6 II•a IL's' O IN -N j IN !(4 P W IW w Iia -F !.� N IN - - �-_ - j SIN '`J •IN ,j� •!W ,ICI tl'1 N 00_'.��p. -� �•. _ I ... j LG b. L1 r•o I� . _ moo 1 I 14 w • WIre_ . f .N. p - rcR -•N .. 6� rt _ 1q _ ... - r ` "-° c! cN !N a O, UW w110i �r — lz --- 6 I r ._ __.. ..... _Ij `�- — _- w J-._. �. C __QCko .:... W . . N W to .. W__.••F a.r I1 f — i CID ------- -7-7 AL 7. t 7 ?�-to- of N t JI) i W CL QD Ln w t4 AL . In i ki 0 LL 17 fn C' �77 71 V-- f T, IT.7Aj di I L;j UE mm)-, J df It j 7 le IL 01 .................. ......... Lu 31 =77 1 'l -F! :iTT- 71 r ' F . i June 11, 1984 Gifford Russell-12 Franklin Street-DEQE File A 64-66 112UENCE OF EVE 7S DATE ITEM SUM121ARY 9/20/79 Salem ConCom Cease and issued to Franklin Street Trust. Desist Order Proponent ordered to stop filling of the North River and W ordered to return site to its original condi- tion. 10 to 15 feet of fill are subject of the Order. Notice of Intent required to be filed by 10/15/79 . 9/25/79 Army Corps of Engineers Issued to Neptune Demolition. Inc. Cease and Desist Order Fill was placed without notification to the Corps. Proponent ordered to cease filling, seaward of the extreme high tide line. Proponent ordered to respond to the Corps by 10/25/79. 10/2/79 Franklin Street Trust Trustee G.M. Hodson requests that Mr. letter to Gifford Russell, Russell immediately get in touch Silent Ships, Inc. with the Salem ConCom to be certain he is in compliance with the Wet- lands Protection Act. Mr. Russell is leasing the land at this time from the Trust. 10/12/79 Crooks, O'Keefe & Lynch, ConCom is informed that his lawyer has Russell Attys. to Salem suggested he consult a civil engineer ConCom to file a Notice of Intent. The attorney assures ConCom that no further action will be taken until a Notice of Intent is filed. 12/14/79 Salem Waterways Advisory Letter recommends that court action be Board to ConCom taken and all illegal fill be removed. INS= Salem Harbormaster to Informed ConCom of initial site visit. Concou" with Sue Madison to 12 Franklin St. Also informed ConCom that Neptune had continued to fill illegally as recent as 1/8/80. 2/2/80 Notice of Intent filed "Plan of Land in Salem, MA-Showing Proposed Stone Rip Rap & Marine Railway." This plan is not on file, but it is as later revise: in March. The DEQE File V was ILOL assigned at this time , Page 2_. Russell 6/11/84 Continued: DATE ITEM SUMMARY 2/25/80 Army Corps letter. to Notification to Mr. Russell that he has Neptune Demolition not complied with the Army Corps' re- quest. Mr. Russell is given an addi- tional 30 days to comply. 3/5/80 Plans submitted entitled: Plans .show proposed marine railway as "Plan of Land in Salem, proposed. There is no reference to MA Showing Proposed Stone the existence or location of any Rip Rap & Marine Railway illegal fill. The Notes with the Plan 2/1/80 Revised 3/.5/80. " do state, however that: ].)All rubbish and unsuitable material will be re- moved as directed; 2)All filling material used will be clean baukrun gravel; and 3)Stone used for Rip Rap shall be in accordance with Mass. DPW Specs. 3/27/80 1st Public Hearing There are no minutes on record for this. Scheduled meeting-perhaps it was cancelled. 4/10/80 Public Bearing Held Plans were reviewed by ConCom. Sue Madison brought members up to date on the Cease and Desist-orders. Brian French commented on the elevation of the bottom of the Rip Rap. The Engineer (Russell' s) said it would be at elevation 6' and would be belo;a water at high tide. Russell was told to get boring samples. Information relevant to construction of railway was not in. plans. Russell was told that any alteration or proposed construction should be de- scribed in the Notice of Intent along with plans and engineering data. Hearing was continued to 5/8/80. 4/2[,/80 Minutes of 4/24/80 It was noted that the following infor- mation would be required from Mr. Russell before the next meeting: 1)All work proposed: Rails and Crane; 2)ldentification of soil foundation stratum and foundation for wall by test pit or soil borings ; and 3)Extension of Rip Rap to bottom of slope ending on a supporting foun- dation stratum. 5/8/80 Public Hearing was continued. Page 3. Russell 6/11./84 Continued: DATE ITEM SU,,iMAR1 6/8/80 Revised Plan Was Submitted to ConCom 6/8/80 Minutes of: Meeting (Information related to the rail- way has been omitted in these notes from here on because the issue at this point in time is the illegal fill and the proponent has not pro- posed to file plans for development at this time.) Brian French informed Mr. Russell that the inappropriate fill would have to be removed. Said fill is still not shown on the revised plans. Mr. Russell was informed that ConCom would issue an Order of Conditions that insures he complies with all regulations. The Hearing was continued to 5/22/80. 5/9/80 R. Gauthier, Building The trust was notified that the Inspector letter to property was a tannery up to 1965 Franklin Street Trust and as that use it would be allowed to continue under. the Zoning Ordinance. However, since t_ne present use is not a Tannery it is not allowed without the approval of the Board of Appeals within the R-2 Zone_... (This is the final letter regarding 12 Franklin St. that is on file with the Building Inspector's office. There are no records that show Mr. Russell ever went before the Board of Appeals or that the Building Inspector ever attempted to enforce the violation.) 5/9/80 Fire Department letter Notification that: Russell is in vio- to Neptune Demolition l.ation of fire laws by having 500 drums of hazardDuS waste on his site. He was given 24 hours to remove theta. 5/13/84 Fire Department to Furthernotification ofthe above Neptune Demolition violation plus notice that sprink- lers must be installed. Page 4. Russell 6/11/84 Continued: DATE ITEM SUMMARY 5/22/80 Minutes of Meeting Second extension of Public Hearing. Mr. Russell was present without his engineer. He stated that his engineer had the additional infor- mation requested but that he (Russell) was not happy with the plans. ConCom questioned Mr. Russell on the ownership of the property and a deed was requested. ConCom informed Mr. Russell that an Order of Conditions would be written for the project based on the infor- mation supplied at this point. The hearing was closed. 5/22/80 Order of Conditions Items pertaining, to illegal fill are: Boiler Plate Item 115; Additional Conditions 112 ;113;#4; and V. (Order of Conditions attached hereto. ) 6/24/80 DEQP^, to ConCom Verification of DEQE's receipt of Notice of Intent and the assign- ment of File 164-66. 7/1/80 New Filing of Does not seem to be a new proposal, but Notice of Intent Mr. Russell has changed engineers from Townsend to R.L.Mailhoit. There are neva engineering specs provided but there are no new plans on file. 7/24/80 Minutes of Meeting Engineer Mailhoit and Mr.. Russell were present to discuss their new proposal with ConCom. They (Russell, et.al. ) were informed that stability calcu- lations, plans, and specifications would have to be submitted so the Commission members could review them. (NOTE: The new Notice of Intent was dated 3 weeks earlier and does not include plans. ) 10/23/80 Minutes of ?Meeting Mailhoit/Russell present at meeting. Public Hearing ConCom notified them that fill was placed over a year ago and nothing has been done yet. The Order of Conditions clearly requires the removal of the fill. There were problems with the proposed wall construction. (See attachment of minutes of this meeting.) None of the illegal fill conditions were resolved at this point. Page 5. Russell Continued 6/11;84: DATE ITEM SUPiMARY 11/13/80 Minutes of Meeting Continuation of Public Hearing on second Notice of Intent. This continuation was held to squire the following information: l.)A letter withdrawing the previous Order of Conditions; 2)Clarification of a dis- crepancy on the wall shape as shown on the drawings submitted compared to those in the stability calculations; and 3)Dredgi_ng depth. ConCom reviewed revised drawings. 11/3/80 pictures were submitted by Russell showing that he had removed 1/2 the fill (about 40' back) and that he had sifted thru the debris. Sue Madison confirmed that the illegal fill prob- lem was almost complete. The Bearing was closed. 12]2/80 Minutes of Meeting New Order of Conditions approved. (See attachment. ) 2/2/82 Plans submitted en- Plans show no engineer's name or stamp. titled: "Proposed Existing embankment and alleged illegal Fill, Railway S Sea- fill is shown. wall, North River." These are the plans from the Army Corps and are the latest they had on file. (Copy attached.) 6/22/82 R.L. Mailhoit to Request for one year extension of Order ConCom letter of Conditions. 6/24/82 ConCom to Russell Notification that Russell has complied letter with additional items #2 and #3 dated 5/22/81 to ConCom's satisfaction. 6/24/82 Minutes of Meeting One year extension granted. 5/2/84 ConCom to Army Assurance to the Corps that ConCom will Corps letter resolve the matter with lir. Russell and require the removal of illegal fill before lifting the Cease and Desist Order. q l ORi)} I: 07r CO2:L%I'i'IC1NS 47 E 'LLP. i] D S 1' R O '� i C 'J' 10 71 A C T y F.(RritB 64-65 i""-, b r_.JJ .:1.,,�14 ! Te:i.1��1.'Lu 51:7:;@t t': c"' It 'T0: hnr:u SIL'�.d'1 SIIiPS - . .... .,: - CTl:T1F1L'0 MAIL NUMBER YROJF.CT LOCATION: 14 Frac'Ki n str sa cm,_-i -s ' o cti `--:- — -- Rccor-leC' 1 '. -.y Oi �O. lS__—__ iI 5r>3/_ 92 CL.rti.t:icate (:i_f rgie;te7:ed) ----------------------------- ^: P;otice of 1_ctent- da�:ea e ,. P Lan of Lan d -in ><._e,!t, .._--�-- sl,o�a:in�, and plans title cl r: datedriga;> c;, Le:, THIS 01' 1:1IS ISSUE!-) O --: 2.- ,T) Pursuantto the. authority of. C.L. c. 1.31., s. 40, the SAT:P;4 CO\�<T,�;•'�T':10:'. C.OJi:`.-`T;S1_0'� _ h. _ re.virc•ed your 110tAcc o_` Ir.t -c:�L ::rd plr_ns identif.i� , ,ovc anti has dc,,:c monad that tl c- •_�_a. an ::`.itch the worms is to he c,cne ;s l ,nific, :1-c to c�,. or *t o t? �� int :7 es t._ 1 :LSLed irl C.7 C. 13'. 40. It SAL' it ct)\ ,_!.Ci\ C0:":Tec het:ehy orde7s Chat t `_01.10ii cr :.titior.s 2'Te nr atiy to prccect ntrTest.. and a1.1. .:orl: ;hal] .,= pcs,`orr:: �d in strict ccordance w:Lt:h them andct;i.t:h the: iCot c - of lr.tent e7r:cl pi man; i.deat=._f_i - a�,ol pl2'rt5 are IDO.aPi �i�- 3 :sal(! O cr::i:i.t:i.ons. @T:CCT�t 4;i18T@ Sl!Cit _-. by 5 cu-,-; i"f.COiC- L Fai.Lu7:c to CC) )7 tiail_T: conditions stater her�.in , and with al:i. dC,n::ed cause Lo l evoke o,: :nodl�y to s order. -a Ci FORM s C, L Ci t' C, C) e C y. 01COND7 i Ffh" C- 41 C 11 C) 2, This order does not grant any property rights or 'lay 01 �J sive privileges; it does not authorize any injury to G property or invasion of private righLs . I 3. This order does not ruliLvo the perinittea or arr" oth son of the necessity of eciplying with all othe-..- 'ap"I o. ZI >1 WOW, stats or local Fnnounnsi ordinances, Q or rcgulati-ons: ll Ii. '11he orDrk author! zed Wreunler shall be completed witl G (1) year from the date of this order unless it is fol maintenance dredging project subject to Section order may he extended by the issuing authority for or more nddIrional one-year periods upon application to said issuing authority at Wast thirty (30) days pric the expiration dote of the order or As exonnnsion. TjAny fill used in connection with this projact s, -11 1 fill, containing no trash, refuse, rulb.)isl,. or Wris, J.ug, without lWiti-ng the generality of the bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of auy of the foregoing. 6. No work may be connenced untill all appeal ficrium have elapsed from the order of the Conservation Coi--rti-ss:eon or from a final order by the DapnUment of Environmental Quality Engineering. 7. No xiorIr shall be uaderLaken until Out, final order, AM respect to the proposed project, has beer, recorded in the Registry of Deeds for the district in which the land is located wl-thin the chain A title of the property. The Document number indicating such recardin', sLAU lie sub- mitted on the form nt the end of this Ocd,--r to Hois :,s-.uer of this order prior to co: cement of werh. B. A sign shall by displayed 20 the sita not less Lbcu- ','1,0 square feet or more than three square feat bearing the words, AhsqachuseLts Department of Fnviront-!cn-, ,:.7, Quality Engineering, Number 91 nopartmanL of Environmental QoA-itiy Fngln-teoring 3S requested to Pate a deterninntion and to c.s e super— scding order, the Consarvation Commission sl!all b;-• a party to all agency proccedingn and heart &, before tb�- mant, FILE X0, Upon COMPIUCr_ " Of Ll yn7k d,,C,rjhvd Oran, L.he ajqvlj,a,t "lull, forwith Yew SL , in ,! tin „ that a CertjfjcnL, jf U" Llnuoe he issuLd st,oju, that t the Workread. has Ova saLls- The work:, ,011 Conforo Ll Lhe romm,, additional plans and The Commission has dcternined Chat the area the work and RiEnificaM to storm Waye pre� 'onLiOn and fol-10whig order: issues the 1. EXCEPt as YDdifi"d by this order all wo,j, With dr awinB titled "Nan Of Land in SaleTj M� s!"all " in accordance rip -ing' proposel-I rap and Lerille railway dated February prepared by E.... Survey Service, 1 {i SCIrevi'sed 1.lay 8, -Lq.S'C)' 2. All existj,,, till the Mean high later shall be rumove-a fro,,, AN -Kne (elevation 10%) L.a f -j-f' f b`= bf sorted and all items prohilites ill Yb the site. in Section 5 3. the remain'in, kill S"211 be spread on the required for the proj "Sec", l:orj�. The proposed rip rap an founding the too 0 the bank shall be Of the rip rap 0, the fir- -cd by il so: i_mean 100 water datum. _l appro}, a elevation -2 All stone -j,j cz�iy in accordance with the Mass. Department of c, u"al shall K for rip rap proposed gravel fill sl,:,Il not- The sPecif:"Cation 5. Ito proposed 1aarjlle ✓ shall be ConsLrt-'r- �Le d 1: L th a -id"h of 20 to 30 feet, VIL "a" s Shall be constru,ted f rul approximately lei I elevation -2 feet mean In' later datum, at 6. Any a0d:itionald1ditional cork or 'nstallatiOn of equippnent !,.all require an . N'C)tJLe C)j- 7- Items 2, 3, 1 A The Conservation shall he completed before Septle,&,. 3, Commission shall bn notified t I � I - 80. pas t: 7 dav- In rnedvance to "Pect the sPreading OP the rjem-ain-lhn fill C)it tl&("m site as quLred in item 3. The Conservation Co7 lls-� ioll shall be nCjtJ.J: L(-'d" rep b,,,,,ad,vnnce to be present for the start: o at least 7 days in Of the rip S COPSLYUCLi'all OP CO`I.AT10N The : pplic.^.r,C, any pc:r:�irt • "rie',Ia by tbis ordt:r, mny o;;ner i of i.❑nd abuct_l-n;; Lhc. lade` : -i,-,on ih,[c.'.t C`.:-- proyo . .l do�.-te, yr any cell rrsidenta of t_l:c cit__": or Lown in v;111.cli such 1<nd i locsecd, are: ict :l'y nut ':i.ccl o; .-.__r i. Lrht to ,--al thi_cz c -.le-.r. to Che D::pen:I utent of F.t;v-i ro:-....en 1 (-t..- it:y 1'.n,;i r - - 1.n , provided the request is made ie ; )_iL ig and by ccrtifiecl 'no the Depe.r_ LIII-nt .. t,1_tli .ii cen (10) &Ills f.1'ort C,n'• i Su cc: a` tLi-r: rdc,r. On thi_• 22n:1 e''`, of 19 80 before n*e peisona 1.ay , to ne cle_ r.11;, d -i t., ei}u� er.^cu ted, the s'.o �_ ' •qtr to>ric- 't' Wand acl.no;al; 1,,.d that he e��.cu ted the s--..:r- as his #'ree act tt D1:",TA(:" 0"' DO'PTED 1.117E A`'r SIIi;M:C'1' 'i' : '.. _, i-SSUk;iL OF 'Pill: ORP:;:. )i'1Ccoli 'CD PLEASE LT_; AUVTS U THAT '1.;'IS Otit 'dL 0C' �DZ'CIONS Ot T1IR PI,O_7Ft-'P AT - i'I1.A1 I:1P.iiSiih , `; J"Tt'N T. recorc:ed lend, t.i:e .i-nsLnt::en i ..iti-ch ic:e;ai_fies this tramis- act:i-on lt_ L,pr . r -�t.cd Lincs, Ole c .cur, :<<. -1. %-Ilic'i identif,es 1-11 is LIans- . ec.t:i.ott is - { S: {n_d Applic::�1t: MINUTES OF MEETING - OCTOBER 23 , 1980 STLENI SKIP T --- Mr . Russell was present along with his engineer_ Dick Mailhoi-L- Brian French noted that illegal fill was placed on the property over a year ago . The commission had considered an application last spring. . .Order of Conditions were issued at that time . _ . and the applicant is now back with another proposal. Ile noted that the Commission was concerned that illegal fill is still there and has not been worked on as per the Order of Conditions . Mr . Mailhoit spoke for Mr . Russell . He informed the commission that the proposed work would consist of adding some fill and building a retaining wall and also constructing a marine railway. He noted that the _new .plans show a more logical continuation of the shoreline from a practical and asthetic standpoint than his original plans. One main reason for the proposal is the disasterous ice build up in the area . In the future, he would lil:e to carry the wall past his property. Brian French noted that the wall design sketches submitted for the analysis did not agree with the previous plans submitted in that there was a future dredge line drawn on the sketch. but .not on the drawing. Mr. French was concerned that they would dredge down below the foundation of the wall as built. Mr . Mailhoit noted that the construction of the wall would be only 4 feet below the proposed level of dredging. Brian French further noted that a cross section showing the bottom of the wall elevation in relation to the proposed dredged level would also be needed before any action could be taken . He a lso noted that a letter withdrawing the previous Order of Conditions should be written to the Commission . Plans and specifications were reviewed by Commission member_s - A motion was made by Phil. Moran and seconded by Ray Lavender to continue the hearing until November 13th at 8 :15 PM in order_ ,to secure additional information discussed. The vote was unanimous and the acting chairman declared the motion carried_ Brian French read conditions stated in Mr. Russell ' s previous Order of Conditions: Items 2-3-4 shall be completed before September- 13 , 1980 : 2 . All existing fill shall be removed from within 30 feet of MAW level . The fill should be sorted and all items prohibited in Section 5 shall be removed from the site . MINUTES OF MEETING - OCTOBER 23 , 1980 SILENT SHIPS (continued) 3 . The remaining fill shall be spread on the site and used as required for the proposed work. 4 . This item discusses the proposed rip rap on the bank and hoc it shall be constructed. Brain French asked Mr . Russell when he expected to do the work . Mr . Russell asked the Commission if they had any objections to his complying with these requirements in conjunction with the- actual heactual construction of the wall in relation to the new Order of Conditions. Brian French strongly urged that the situation be remedied im- mediately. Mr. Russell was amenable and informed the Commission that he would remove the fill in two stages. Remove I; the fill , sort it and then have it :inspected. Ile will repeat this twice . Phil Moran inquired about: the disposal of the illegal -fill. . bir. Russell noted that it would be put on a true;; and taken to Amesbury . FOREST .RIVER Sue Madison noted that Cleti Cer.voni' s conservation warkshop was T held for 10 teachers. She noted that a Great deal of interest- was nterestwas expressed. Betsy Sargent would like to contract <<;*ith Celti and Audubon to do at least a 5 session marine workshors on the saltmarsh. The workshop program, however , was inadvertently mis--advertise>d in the superintendant' s bulletin . PAUL FOURNIER Sue Maidson noted that Paul Fournier has informed her -that he has taken air rifles away from some persons in the conservation ,area . He had obtained license plate numbers but received no cooperation from the police . Phil Moran noted that i.ewill set up a meeting with Murray Greenlawn to discuss our position. Sue also asked if a city ordinance could be instituted in con- junction with the conservation land so that we can curb the use _ of snowmobiles and trail. bikes . Phil Moran noted that it is city land and any enforcement can be established. LEGG HILL ROAD Brian French informed commission mai,.-triers that a new appraisal on Leggs Hill Road will be scheduled, soon . Sue Madison is scheduled _ to meet with Rich Stafford next week to get things rolling CITY OF SALEM, MASSACHUSETTS APPLICATION RECEIVED SPECIAL PERMIT WETLANDS AND FLOOD HAZARD DISTRICTS . �O OCT 16 A9 :O1 CITY CLERK'S OFFICE Applicant: SfIR_NT S as 7 F SALEM MASS. City Clerk Stamp Address: IZ FR.+u.c�,w St. Telephone: Owner: f-gArtK \5T TrrusT Address 17 rEtmigKLlw ST Location of Property: M Frkr>Nk Llm R r Project Description: [ e�wg r¢ r cw n F t I. It has been determined by the Building Inspector- that the above property lies in the following area(s) : A. Wetlands District Wetlands ( ) Buffer Zone ( ) B.• Flood Hazard District Zone A ( ) Zone A3 ( X) 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: 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. -2- B. In the Wetlands District, a determination by a qualified engineer of the seasonal high water table, performe3' during the last two weeks of March or the first three weeks of April. A minimum of two percolation tests for each leaching area shall be performed. . C. In cases of flood-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, impact 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) : A. All Districts: (R) 1. The proposed use will comply in all respects to the uses and provisions of the underlying District in which the land is located. Yes � No (X) 2. There is adequate convenience and safety of vehicular and pedes- trian movement within the site, and in relation to adjacent streets and property, particularly in the event of flooding of the lot(s) or adjacent lots) caused by either overspill from water bodies or high runoff. Yee -3- (X) 3. Utilities, including gas, electrictity, fuel, water, and sewage disposal, shall be located and constructed so as to protect against breaking, leaking, shortcircuiting, grounding or igniting or any other damage due to flooding. (Provide details) Nm UTLT [iC iuv��uan � The cumulative effect of the proposed development or use, when 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 shellfisheries; 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. B. Wetlands District: ( ) . 1. The proposed development or use shall not include the storage of salt, chemicals, petroleum products or other conta urinating 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 [dater Quality Standards and for the Protection of the Quality and Value of Water Resources" of the Commonwealth of Massachusetts.) -4- ( ) 2. The floor level of areas to be occupied by human beings as living or work space shall be four (4) feet or more above the seasonal high water table. ( ) 3. If the basement floor level is below the seasonal high water table and affords the possibility of human occupancy at some future date, although not originally intended, adequate perimeter drainage and foundation shall be installed to with- 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 ( ) ( ) 4. If the lot is to be served by an on lot septic system, the leaching area designed for use, as well 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 ( ) 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. NaT APP LICA ALL it ( ) 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. I�� DRS1 d ,a C.R 1c01/A\ NLIX•O (e P_6is_ )/}NCP -5- D. Flood Hazard District. _Coastal High Hazard Area (Zone V3) ( ) 1. New structures or substantial improvements shall be located landward of the reach of Mean High Tide. ( ) 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 floor shall be free of fixed obstruction. (Provide details) ( ) 3. The support of new structures or substantial improvements shall not be, in whole or in pari, by the use of fill. (Provide details) IV. Procedure i The Planning Board shall, within 7 days after the filing of this application, transmit one copy of said application, plans and all other submitted information to the Inspector of Buildings, City Engineer, Board 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 Massachusetts 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 S r t 's. 9 -6- Planning Board may, as a condition of approval, require that the appli- cant give effective notice to prospective_.purchasers, by signs or by recording the special permit at the Registry of Deeds, of the wet- land or flood hazard conditions associated with said premises and the_ steps undertaken by the petitioner or his successor in title to alleviate the effects of same. Signed L Title jn�atrmL Date 'Q//I /A p W P J i x F r b J T� j�4f '^*'- J¢,yi �7E'•S+ ., ��T�+- �)�-i�w7 ' pp,� ya�"s'fi'ae-SC �f��`yic{�".�+')§J�'r�'<'' � a'ak S'�S�'��-d}ESy�'°.� _ �f• �' ✓ _ jt''ek�1e%��Y`"S:%�r. ^F�`�_g•4 '� it`•*aS�� 9,,yrAr . 1�► P�t,. .,, �- sohgl. `, a Yr. e S }"f .gr�' .•a5r y,y �.. wa"f-x r��:nrt a p i t§ tl. 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Riyl v� I .. �t �lr �fuf/ O- �sir, p (� �\�7 � ,D � /I' , )�l� ' 00 OI .•-_. LCI.. *-U Stall, C�JaI r rE lm �� f� \ ✓�et f �s�i rte_ I Oar �� \ a2w ��W I� j1Dt Qi .) ' rAlr Station �� tiVV ❑Lti `� rk lI S �:3 C y051h ,�� \ alem� /Cib>'a�I\� j � e Nalitide O �y"'C A/ SalemTe al Rax fne� 1A> es l�nfil�, A� �� wh r je/ i tit _ re �,�titi.h z / �o� }I 7 y Mu4e.r�ri r v #7ehtlmc - / Naugus t�� at Hlstc rSSrt SSA L-E elf/. I�," 1�:}Ljc6/ I� ��-•)i-fr't a1� �rl�\ \ f'116htZ..�� 1 //'.�� ,-✓.. h��S�6nT1 }y Irur- ) A °I ti /� 1 pp' I�ir 1 �\ v�..I`161 s a/�/ napons -1 Vv, JI�d l •fi /(R'^'"'-' 4�•,iP lqv a � 1 L-ON- =i-- s-at --- - PROP09ED SEAWALL _ P'" LtN F MARINE RPhILV✓A`T —_--__---L - .•r� IFRP.NKLIN (''lass H 6. NIT p of LUCIEN �`, �. L. Pl AILH0I T /!4, 550 CS. ENfa1 N E E RS R j v MAILHOIT y ! ,p No.26555 o Q g'} Ox F O R D ST �OFFC/STF%' $ saLmM, NSA S5 S9S-92101 FSSfONAL '�,- ago a L. PRO POSR p $ f2fa v.JA L SvL9N T 3Kl PS YNG., . - 1 2 FRAHKLLN $7' .. _ _ ._ . _ SrateML .1✓Lf�gg . . - L16T OF Req u.R nu Pe Fp-r- ,-ts _ . .. .. . 1. CON 58R�ATlON [of••i 7rplf SSico LISM PLA NTJ/N @t {V UAPO 3 . -. BPT. OP Ft C� uli LtT�/ L�/dy�NE L�RLNC� �'�'• l�RM�f Co C2 PS G;, C N ci/N+=eRS ... �v Sfa LT3M Q {J -17 es P�vRTritr`�T =NSPt�..ctlo�l 4 qLjonservation Commission Salem. Mas.oachusetts 014"'0 July 6, 1984 Ms. Sally Byers Byers Real Estate 191 Pleasant Street Marblehead, MA 01945 Dear Ms. Byers : Pursuant to the June 28, 1984 Conservation Commission meeting, the Commission voted to lift the Cease and Desist order presently in effect on Mr. Gifford Russell's land at 12 Franklin Street subject to the Fol- lowing conditions: 1. The most recent plan of the property shall be brought up the the standards of the Essex County Registry of Deeds. It shall show four addi- tional distances at forty foot intervals from the right-of-way and western property line at Franklin Street, to the top of the slope at the bank on the eastern edge of the property. This plan shall be registered with the Registry of Deeds and a copy of the plan shall be submitted to the Commis- sion for their approval. 2. All unacceptable fill material shall be removed from the site within thirty working days from June 28, 1984. This fill includes, but is not limited to masonry material, pipes, trash, and other debris. Upon compliance with these requirements , the Cease and Desist order will be lifted. If you have any further questions regarding this matter, please do not hesitate to contact Commission Aide Charles Frederiksen. Sincerely yours, Philip D. Moran Chairman CNF:cnf cc to Mr. Joseph McDonough, Army Corps X PyP,�\ON CoM�' Conservation Commission N Salem, Massachusetts 01970 9�F� J5 Telephone 1617) 745-5056 ASS CITY 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 SILENT SHIPS, INC. 14 Franklin Street, Salem, Massachusetts. The purpose of the hearing is to explore the effects of constructing a seawall to protect the shoreline and to construct a marine railway at 14 Franklin Street, Salem, Mass. The hearing will be held on Thursday, October 23, 1980 on the Third Floor of One Salem Green, Salem, Mass. at 8:15 P.M. Bradford Northrup Chairman IIar� (0I1e �5; (item (Breen REQUEST FOR REVIE14 COP.MNTS SPECIAL PEP-MIT DATE: October 17 , 1980 TO: ( ) Building Inspector ( ) 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. ( XX) WETLANDS & FLOOD IMARD DISTRICTS ( ) CLUSTER DEVELOPMENT ( ) PLANNED UNIT DEVELOP1lENT APPLICANT: Silent Ships , Inc. PROJECT NAME & ADRESS: Silent Ships , Inc. 12 Franklin Street CONTACT PERSONS AND PHONE: 745-5135 Applicant: Franklin Street Trust City: Salem CO,,ZIENTS DUE BY: November 6, 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 OPTION Co / �No Conservation Commission C N Salem, Massachusetts 01970 9� yL1 05 Telephone (617) 745-5056 yASSPG� CITY OF SALEM WeTLANDS HEARING CONSERVATION COMMISSION A continuation of a public hearing will be held by the Wetlands Protection Act, G.L. Chapter 131, Section 40, at the request of SILENT SHIPS, INC. , 14 Franklin Street, Salem, Mass. The purpose of the hearing is to explore the effects of constructing a seawall to protect the shoreline and to construct a marine railway at 14 Franklin Street, Salem, Mass. The hearing will be held on Thursday, November 13, 1981 on the Third Floor of One Salem, Green, Salem, Mass at 8:15 PM/ LdNorthrup l Chairman 0 11 IC INOF L11 KI VCr %-nanr!Cl twea The North River Channel area Over half of the land in the North River Channel area is occupied by transportation activities and utilities. Power transmission lines dominate the landscape. An additional 29 percent of the land area adjacent to the North River is used by manufacturing firms. Forty-five industries, including A.S. Burg, Mason Tanning, Leach & Heckel, Snowcrest Foods, Parker Brothers, and Design Engineering, and commercial establishments employ more than 1000 people in 23.9% Nondurable Mfg. the channel area, however, because the land immediately 50.59b surrounding the bulkhead channel has a high water table and is flood prone, the channel area itself is underutilized. 2.3%-Vacant Utilities & Although the North River Bridge is a major entrance to the Transportation 4.8% Durable Mfg. city, it is also one of the least attractive entrances to the 4.b% city. The tidal area at the overflow of the North River is Public/Quasi-Public grossly polluted; no signs of aquatic marine or vegetative 9.285 life exist. The North River is classified as being of C water 3.1%-Residential quality, the lowest available rating. Pollution sources incudo direct waste disposal from Salem and Peabody fac- Retail tories, storm drains, and other known pollution sources. Efforts are now underway to eliminate sources of pollution in the near future. The lack of vegetation, pollution of the river, underi:tilized areas, unkempt factory buildings, the bulkheads appear to be in stable condition. unsightly signage, and sprawling junkyards combine to create a negative first impression for visitors to Salem. There are no existing public access points to the waterfront nor any recreation facilities at Franklin Street and Mack Housing within the area is predominantly two-family resi- Park. The coastline in the North River area is about 1.3 dences. Area residents are subjected to noise, traffic, and miles in length; approximately eight percent of the total odors generated by business and industry along the channel. coastline in the city. One hundred and eight area structures With the exception of Fred's Boatyard which has storage are in the 100 year floodplain. Flood-prone structures capacity for fifty boats, none of the businesses contiguous include housingnondurable manufacturing transportation to the channel are coastally dependent, and utilities, and warehousing storage. The topography of the area is fairly flat; elevations do not The Salem-Peabody Connector Road, as planned, will be exceed 10 feet. The entire land area was created through located on the south side of the channel area and will run the use of fill, and the channel itself has virtually silted shut i iparallel to the Boston and Maine freight railroad lines. An in the inner areas. The entire shoreline is manmade and approach ramp will be located in the area of the North bulkheads are used to retain filled areas. Except for the Street Bridge which will provide access for Salem to Routes immediate area on the west side of the North River outflow, 128 and Interstate 95. ` - The North River Channel Area 9 Accompanying the construction of the Connector Road, a major program to upgrade the corridor is planned. An intermodal facility will be constructed at the apex of Washington Street which will serve as a train, bus, and taxi station, and provide parking for employees in the downtown and for tourists. Minor dredging of the tidal area adjacent ` y r' = sv `�' t a to the outflow will be necessary as part of the construction of the Connector Ramp, as will be the taking of several small inappropriate businesses on the northeast banks of the river. These developments will set the stage for other �- .., p• recommended improvements which together will alter the North River area, changing it from an underutilized, un- y i' pleasing area to a vibrant and exciting section of the city. Study Area ll: Franklin Street Park To North River Channel Area To Bridge Street To Howard Street Land Use Acres % of Area Lineal Feet % of Of Coastline Coastline 01 Single-Family 500 7.2 02 Two-Family 2.46 3.1 03 Multi-Family 04 Hotel 10 Durable Manufacturing 3.79 4.8 1 ,010 14.7 20 Nondurable Manufacturing 18.83 23.9 520 7.5 30 Transportation/Utilities 39.81 50. 5 1 ,700 24.8 40 Retail 7.23 9.2 430 6.2 50 Wholesale 1 ,930 28. 1 60 Personal & Business Service .81 1 .0 70 Public/Quasi-Public Buildings 3.64 4.6 80 Park & Recreation 90 Vacant Land 1.88 2.3 760 11 .0 Total 78.48 6,850 t T UNITED STATES;POSTAL SERVICE L BUSINESS SENDER DEROFFICIAL INSTRUCTIONSPENALTY FOR PRIVATE USE TO AVOID PAYMENT Print your name,address,and-21P Cade in the space below. OF POSTAGE, $300 • Complete items 1, 2, and 3 on the reverse. a� • Moisten Bummed ends and attach to front of article; LL&MAIL if space Permits. 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COMMONWEALTH OF MASSACHUSETTS ESSEX, ss. SUPERIOR COURT NO. 93-2587 B Y CITY OF SALEM CONSERVATION COMMISSION ) and CITY OF SALEM, ) Plaintiffs ) VS. ) CRAIG C. BURNHAM, TRUSTEE OF THE ) FRANKLIN STREET REALTY TRUST and ) BURNHAM ASSOCIATES, INC. , ) Defendants/Counterclaim ) Plaintiffs ) VS. ) CITY OF SALEM CONSERVATION COMMISSION, ) CITY OF SALEM, and NEIL J. HARRINGTON, ) MAYOR OF THE CITY OF SALEM, ) Counterclaim Defendants ) i , NOTICE TO PRODUCE The Plaintiff/Counterclaim Defendant City of Salem Conservation Commission is hereby notified of its obligation to produce at the trial of this action the following documents: 1.) Conservation Commission File re Burnham Associates; S 2. ) Conservation Commission File re 14 Franklin Street; 3. ) Conservation Commission File re Silent Ships; 4.) Conservation Commission File re 12 Franklin Street; and, 5. ) s servation Commission Meetings, January 14, 1993 - March 10, 1994.