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64-30 - 11 Hemenway Road - CONSERVATION COMMISSION _Mr. & Mrs. Paul & Patricia LaBrie &q-3�_ { (Chester J. Kohn)--I ) Hemenway Rd. ff C G NoN ,. Conservation Commission v. t'�aiem, bIassachusetts 01970 Telephone 16171 145-5056 August 9, 1982 Mr . Paul J. LaBrie 11 Hemenwa_v_ Road Salem, MA. 01970 Dear Mr. LaBrie: Enclosed please find vour Order of Conditions for the construction of the retaining wall on _your property. The appeal period commences with the above date. Fur- ther, please be advised that this Order must be registered with the Registry of Deeds .. If I, of- the Commission, can be of further assistance, Dlease feel free to call. Sincerely yours , Susan Madison Conservation/Planning Aide SM/dev Enclosure cc to Mr. Carl DeCotis 35 Belleau Road Salem, MA. Atty. Edward London 34 Central Street Lowell, MA. 01852 j THE COMMONWEALTH OF MASSACHUSETTS ORDER WETLANDS PROTECTION ACT G.L. C. 131 s.40 FILE NUMBER: 64-30 PROJECT LOCATION: 11 Hemenwav Road Salem, MA. 01970 TO: r?r. Paul J. LaBrie CERT. MAIL NO: 11 Hemenwav Road, Salem, MA. RE: NOTICE OF INTENT AND PLANS DATED: DATE OF RECEIPT BY Mav 30 , 1978 , Revised Julv 17 , 1982 CONSERVATION COMMISSION: June 11, . �� DATE OF PUBLIC HEARING: July R . 19R2 Pursuant to the authority of G.L. C. 131 s.40, the Salem Conservation Commission has considered your notice of intent and plans submittedr therewith, and has detemined that the area on which the proposed work is to be done is significant to one or more of the interests described in the said act. The Salem Conservation Commission hereby orders that the follovring conditions are necessary and all work must be performed in strict con- formance therewith: CONDITIONS 1. Failure to comply with all condition stated herein, and with all related statutes and other regulatory measures, shall be deemed cause to revoke or modify this order. 2. This order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion of private rights. 3. This order does not relieve the permittee or any other person of the neces- sity of complying with all other applicable federal,state,or local statutes, ordinances, by-laws and/or regulations. 4. The work authorized hereunder shall be completed within one (1) year from the date of this order. The order may be extended by the issuing authority for one or more additional one-year periods upon application to the said issuing authority at least thirty days prior to the expiration date of the order or its extension. 5. Any fill used in connection with this project shall be clean fill, contain- ing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks plaster,wire, lath, paper, card- board, 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 or- der of the Conservation Commission or from a final order by the Department of. Natural Resources has elapsed. nDn 64-30 CONDITIONS CONTINUED PAGE 2 FILE NO. 7. No work shall be undertaken untill the final Order, with respect to the proposed project, has been recorded in the Registry of Deeds for the dis- trict in which the land is located. Copy to be furnished to issuer of this Order showing book and page. 8. Upon completion of the work described herein, the applicant shall forthwith request, in writing, that a certificate of compliance be issued stating that the work has been satisfactorily completed. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words,"Massachusetts Department of Natural Resources, File Number 64-30 TV 10. Where the Department of Natural Resources is requested to make a determina- tion and to issue a supperceding order, the Conservation Commission shall be the party to all agency proceedings and hearings before the Department of Natural Resources. 11. The work shall conform to the following described plans and additional conditions; The Commission has determined that the work and the area is significant to storm damage prevention and issues the following additional orders : a. All work shall be in accordance with drawings entitled "Plan to k __Accompany Petition of Paul and Patricia LaBrie to construct a wall and place fill in Salem, MA . " dated May 30, 1978, and Revised July 12, 1982, and "Stability Computations for Proposed Retaining Wall" dated July 12, 1982. b. All work shall be done from the landward side . c. All dredged material shall be stored on the landward side . d. The proposed wall shall be connected to the adjacent walls by interlocking stones . The stones used shall be in accordance with the Massachusetts Department of Public Works specifications . I CONDITIONS CONTINUED PAGE 3 FILE NO. 64-30 . The applicant, any person aggrieved by this order, any owner of land abut- ting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to appeal this order to the Department of Natural Resources, provided the request is made in writing and sent by certified mail to the Department of- Natural Resources within ten (10) days from the issuance of this order. ISSUED BY Salem Conservation /7 _ , Commission J I DEQE File # assigned August 6 , 1982 . Order mailed by Commission August 9 , 1982 . On this 22nd day of July 1982 ; before me personally appeared the above-named persons to me known to be the person described in and who executed the foregoing instrument and acknowledged that he executed the same as his free act and deed. My commission expires: I J Conservation Commission ' Salem. Massachusetts 0197() October 8 , 1982 Mr. Sterling Wall Department of Environmental Quality Engineering Metropolitan Boston, Northeast Region _ 209 New Boston Street Woburn, MA. 01801 Dear Sterling: This is to inform you that the Salem Conservation Commis- sion voted at their meeting of September 24 , 1982 , that the proposed change to the sea wall at 11 Hemenwav Road (DEOE # 64-30) does not constitute a significant change from their original filing. Enclosed are three copies of the amended plan as well as the calculations for the ramp portion of the wall . Fur- thermore, the applicants have agreed that the ramp will I . only be used at high tide and there will be no mooring of I boats above the salt marsh. I£ you have anv further questions or comments regarding this matter, please do not hesitate to call" me. Sincerely vours , Susan Madison Conservation/Planning Aide SM/dev Enclosures G 23 September 1982 11 Hemenway Rd. Salem, MA 01970 Ms . Susan Madison CONSERVATION COMMISSION City of Salem One Salem Green Salem, MA 01970 Reference : Request for determination, File 64-30 , .Wetlands Protection Act Application Dear Susan: This letter is to follow up our telephone conversation on 22 June regarding placement of a ramp in our seawall (file 64-30) . This rip rap ramp will extend inward from toe and will not impact , in any way, on saltmarsh or structural quality of the wall. • -- We will attend 23 June Conservation Commission meeting, with contractor , and request that the Commission determine, at that time , that ramp does not constitute any significant change to present. plan. NOTE: Engineer' s plan showing ramp will be delivered to the Commission by Wednesday 29 September. Sinc ely, /j Patricia LaBrie 11 Hemenway Road Salem, MA 01970 22 September 1982 Mr. Sterling Wall DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 209 New Boston Street Woburn, MA 01801 Reference: File 64-30 Wetlands Protection Act Application Dear Mr. Wall : On 23 September 1982, we are requesting a determination, at the Salem Conservation Committee Meeting, that a rip rap ramp, to be included in proposed seawall (File 64-30) , does not . present "any significant change". The ramp will extend inward -from the toe and can not impact saltmarsh as any use of ramp can occur only at high tide. Engineer' s plan, showing ramp, will be delivered to the Conservation Committee by Wednesday, 29 September 1982 and will be forwarded to your attention. If I can provide information before that , please contact me. Sincerely, Patricia A. LaBrie PALB/dcb • { Ax _IV(_p N >� c�C' DI11�Dll a i 18 19E2 �ffnrueg at `�Iiafu I ' _ rr 1a1oeU, assacansrfts a1B52 I&Fhaar (017) 459-0146 August 17 ,. 1932 Mr. William St . Hilaire, Regional Engineering Supervisor Department of Environmental Quality Engineering 323. New .Boston Street Woburn, Massachusetts 01801 j RE: DEQE FILE #64-30 Project Location - 11 Hemenway Road - .Salem, Massachusetts 01970 � Applicant : Mr. Paul J . LaBrie 11- Hemenway Road Salem, Massachusetts 01970 i Salem Conservation Commission. Order of Conditions issued August 9, 1982 Aggrieved Party - 1 r. Carl DeCotis 35 Belleau Road Salem, Massachusetts O'1970 Dear. Mr. St . Hilaire : Please be advised that,-.this . office has- been consulted and re- tained by Mr. Carl DeCotis. of 35 Belleau Road, Salem,' Massachusetts , 01970 .who is aggrieved by an Order of •Conditions issued by the City of Salem Conservation Commission concerning proposed work to be con- ducted by Mr. Paul J. . LaBrie of 11 Hemenway Road, Salem, Massachusetts for a project location at the same address.. Said order of Conditions was mailed August- 9, 1982 after a public hearing .conducted on July 8, 1982. The Department of Environmental Quality Engineering (DEQE) issued its File No. which is 64-30. . Said -Order of Conditions is attached hereto as Exhibit "A" . Pursuant to the provisions of Massachusetts General Laws Chapter 131:, Section 40 and .the regulations issued by the Commissioner of DEQE '.pursuant thereto , my client wishes to appeal the Order of Conditions issued by the Salem Conservation Commission. The basis for my client ' s appeal is two-fold. . The first is procedural and the second reason is .substantive and is addressed to the issue of whether or not the proposed project involves the filling, dredging or Mr. William St . Hilaire , . Regional Engineering Supervisor Department of Environmental Quality Engineering August 17, 1982 Page Two altering of a salt marsh or land within 100 feet of a salt marsh which will have an ,.adverse effect on the productivity. .of said salt marsh or lands adjacent thereto. As to the procedural grounds for my . client ' s. appeal , Massa- chusetts General Laws Chapter 131, Section 40, provides .that the Con- servation Commission shall " . . . by written Order within 21 days of such (public) hearing impose .such conditions as_will contribute to ' the protection of .the interest described herein . . . . "'.: The statute further states ".. . . if a commission, after holding..such hearing has failed within 21 days to issue an Order " ' the. applicant as well as others have 10 days from the Commission's %failure. .to act to re- quest that DEQE make certain determinations whether the proposed pro- ject will be approved or disapproved. j It is the contention. of .my client..that. the Salem Conservation Commission failed to. act within the mandatory 21 day, period pre- scribed by .;both statute and lawful regulat.ions .issued by the Com- missioner and that" the applicant , Mr'. Paul . LaBrie, failed to appeal to DEQE the failure of < the Salem Conservation Commission to so act within the mandatory 10 'day period likewise prescribed by the statute and the regulations . Support for the above ..contention .that there. has been failure to comply with the procedural requirements. of .the; statute and the regulations by both .the "Salem Conservation Commission and the ap- plicant rests 'in the :fact that the public hearing was. held on July. 81 1982 and the .Order of Conditions was not issued and mailed until August 9., 1982 which is. 32 days .after the public hearing. Further- more, if the Order .of" Conditions had not .been :.issued on or before l July 29, 1982 as statutorily mandated, the applicant was required to have .taken .an appeal •to.. DEQE from the failure to so act on the part of the SalemrConservation Commission...on or before August 8, 1982 and the-record is clear that the applicant has failed to effect such appeal. Accordingly, . it is the contention of the . appl.icantsthat the Order .of: Conditions issued by the Salem Conservation Commission was void and that DEQE. should make such determination. The second reason for the applicant ' s appeal. is substantive. It is contended' th"at •at the public hearing- my client pointed out to the members of 'the. Salem Conservation. Commission-that the pro- posed project. was located either "in a :salt marsh or on land within 100 feet of a salt .marsh and that the applicant had not submitted any evidence to contradict- my client ' s contention that .the proposed project would most probably have an adverse effect. on. the productiv- ity" of the salt marsh. It was further contended by Mr. DeCotis that in the absence of .an environmental impact report .that clearly es- tablished that the proposed project would not adversely effect the --- Mr . William St. Hilaire , Regional Engineering Supervisor Department of Environmental Quality Engineering August 17, 1982 Page Three salt marsh, the Salem Conservation. Commission ought to have denied the application or .at the very least continue. the _hearing in order to have obtained an environmental impact. report. These requests were denied and the: hearing Y closed b. the Salem Conservation Com- mission. Review of ' the .Order ..of Conditions from..which. this appeal is taken discloses that absolutely no consideration was given by the Salem.Conservation Commission to the potential-adverse effect on the salt marsh or land adjacent thereto .and within 100 feet thereof, and, it is submitted, that such failure to take . into .account these matters dealing with the. maintenance. of .the .normal ecological bal- ance of such areas contradicts the express intent and purpose of Chapter 131, Section 40 and the regulations issued thereunder and is thereby fatal to the Order of Conditions . issued .by the Salem Conservation Commission from which this. appeal is taken . Would you kindly file and docket this. appeal .in the usual manner and furnish this-office with notice- of any :.subsequently j scheduled meetings or hearings or any .correspondence or notices issued hereafter. i Very -truly yours , j DeCOTIS By: ► Edward H. Lo on his attorney j EHL/ln Enclosure CERTIFIED MAIL 'RETURN RECEIPT REQUESTED. i ✓ cc: Salem Conservation Commission City Hall Salem, Massachusetts 01970 Mr. Paul J. LaBrie 11 Hemenway Road i Salem, Massachusetts 01970 i 20 July 1982 TO: Conservation Commission Planning Board FROM: Board of Directors , Osgood Park Neighborhood, Association REFERENCE: Replacement of Seawall on Property of Paul LaBrie, 11 Hemenway Road, Salem, Mass . Osgood Park is an abutter of the LaBrie property. On 18 July, the Board met to review the plans for the replacement of a seawall on the LaBrie property. We are aware of the erosion occurring here and the need to replace this wallas soon as possible, in order to stop that process . We agree with and support the plan for the construction of this wall . Very truly ou loo4 cn" Jack LaPorte President , Osgood Park Neighborhood Association mf cc : Ed Ferris f 11 Hemenway Road Salem, MA 01970 (617) 745-7385 28 June 1982 Ms. S. Madison City of Salem One Salem Green Salem, MA 01970 Re : File 64-30 Wetlands Protection Act Application Planning Board, City of Salem Permit Application Reinstatement Dear Sue : This letter is in follow up to our telephone conversation of 25 June concerning reinstating the above referenced File and Applications. I have today sent three copies to the Mass D.E.Q.E. , attention of Mr . S. Wall , as you requested. Enclosed are three checks for the Salem News ($63 . 55) ; Planning Board ($50 . 00) ; Conserva- tion Commission ($25 . 00j , as well as 5 copies of the 6 June 1978 Application to the Planning Board including the 8 June 1978 Application reinstatement. As per our conversation, I will plan to attend the 8 July 1982 meeting to review the Application Reinstatement. Please contact me, if there are any questions or if I can be of help to you. Ver truly yours , Paul J LaBrie. PJLB/bc Encls . i CJI?.E, , Pip y_ ::_..,07.•_ dcap v i J Q h b. e ��. IT 1p 7 gc` c'..Gq• . It a. IN - �- �� ♦ITT'l < I. �, rr � , +1 t rY.li^i'l ,C � � fzy 7`� r�'•� � e+ �, � + +i N{t �`" S . , � i W ,� - x�7{d " .+ r. Tr e:` ✓+�, e 'x�i? a "i 2�, SS.�F„I�TO x ,+Y.+f`� fi. �' } J "p✓!"L�d, l d R}^ �a <, ��1 fr At . .i7,'a�F'�-I^' G ws 1 aLw. ,• ,-u`� '� 1<" 2 + �. '.x�` r S < '4 r F s GFF,sy �u rt��'da 72L'� +s rk� 'dLir � 5 3 �k% }Yr'H vf+ ^�K •�+ ,- ''ti` C�^ �r<1 7�� �' (r fir ii � }. M�Of p�.AN TO GCOMopV PiYftV or'd .._ ._.. .as?O w� ;rky� 1..." :Tm.CJewlSTav4+ ` S �%JAa.�. •:`' " �•,�t.E...�� �:.-. • o ,MWNSEND,n s-NLr ►yesOTE s , M a, MDR' 30,.iYJb A jr g -�OP.. SJRp p cc P¢crosLoVc�.�Tci�.]l.:p �! 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A� 1z�pcFE .._, .._. ... .. ..... H Of-M \ASS ... Q .. . 3 ..... ...... 3•� ND '✓ g S ..... ...... , ... ..... eai - SFN y J ¢ I m._. - ... &TEF14'O�Q ... AAL ENG�a _. -rzE@' 8ec cap _Cl- Al o _ H�3a• .. 5 33�z FoPES.c . zrcS1S719%.....(b V E.P71 V- Uk[+ ._. Car+�PVCA-howJ peRtE ..... ,_ �Rw,.. �mOw�iHT _ 150 �+�# _3.11 fT., G•2 Ft.- �• 2 �e S k1�70 ZH• WL 1.0 cT Z,�I FT?►L c. 'to x 3 x1/t __ _ 0';1 K- . , �.o *T_ 0. 1 �s•t-1c. .... po1Cc'ES... CPu31�JG ._4VEA'TVR►•� _. _.... ;..... ; .R\LLI MI iz..Umm,Nm 0147). Vertical Pressure Against Base. . 425 o 60' O i Yk 2 40 � N F O �\ 20 0. bP„• kh H2 .. P,.•zk,H2. 120 O. 'l00 0 c� 60 0 i P� P�F H NL 60 T 40 .bPn•fkhH2 20 6./.... .,.3J 1a. Pr k,H2 0 . �.' D 5 /0 /5 20. 15 30 0 35 40 Values oFslode ongleQ. FICORa 26.9, Chart for estimating pressure of backfill against retaining walls supporting.backfills with plane surface. Use of chart limited to walls not over - about 20 ft high. (1) Backfill of coan6grained foil without admixture of fine particles, very. permeable, as clean sand or'gravel:-(2):. Backfill of coarse• grained soil of low permeability due to admixture of particles of silt size. (3) Backfill of fine silty-sand, granular materials with conspicuous'clay con- tent, and residual soil with stones. (4)Backfill,of very soft or soft clay,organic silt,or silty day. 4 - 11 Hemenway Road Salem, MA 01970 (617) 745-7385 28 June 1982 Mass. Development of Environmental Quality Engineering Metropolitan Boston Northeast Region 209 New Boston Street Woburn, MA 01801 Attn: Sterling Wall Re : Reinstatement of File 64-30 Dated 12 June 1978 Dear Mr . Wall : Per my telephone conversation with Ms. S. Madison on 25 June 1982, I wish to reinstate the above referenced file number and Notice of Intent. Enclosed for your consideration are three copies of the 1978 application to the Mass D.E.Q.E. {Please do not 'hesitate to contact me should there be any ,,,,. questions, questions, or if I may be of service. Very truly yours, Paul J�LaBrie i PJLB Encls: (3) CC. Sue Madison i I — ; ��rrrineeiel���ii«onneinlre��reri�� CJ�l�i,circerei � _ �= -///lal//r��r�o����lrrn %Va�(.f��lan = (✓I�rC�rc a.fC�/.JG�/�con ' ANTHONY D.CORTESE, Sc.D. Cemmicsioner __ 727-5194 August 24, 1982 AIJrr) 3 0 1982 SALEM PLANNING DEPT. I Edward H. London, Esquire RE: SALEM/WETLANDS Attorney-at-Law File No. 64-30 34 Central Street ` Lowell, MA 01852 Dear Mr. London: The Department of Environmental Quality Engineering is in receipt of your Appeal dated, August 17, 1982, regarding the above-referenced project. This Department, ,,under the provisions of General Laws, Chapter 131, Section 40, will schedule a field investigation with you and all concerned parties to determine if the area is significant to the interests of the Act and to discuss the relevant issues informally with parties to the appeal. No activity may commence on any portion of the project subject to the jurisdiction of Chapter 131, Section 40 until 'this Department issues a Superseding Order of Conditions regulating the activity. If you have any further questions regarding the above, please feel free to contact Mr. Sterling Wall at the letterhead address or telephone 935-2160. Very truly yours, Steven G. Lipman, P.E. _Deputy Regional Environmental Engineer SGL/WSW/mes cc: Conservation Commission, City Hall, Salem, MA 01970 Mr. Paul J. LaBrie, 11 Hemenway Road, Salem, MA 01970 Mr. Carl DeCotis, 35 Belleau Road, Salem, MA 01970 ��.J1.�ac�i�r,.se�� =� .lh/z2rfin cizf�� zi cioiznzrrc/re��ieii �, (flip izrcrzi 0.1Lr02 OrC�C�/L.1� �OZLa2 ANTHONY D.CORTESE, Sc.D, 'z^�r�✓I'��' ^�✓�J/an. ,Jlpccaf, /foG'rira, �%F���cJYc� Commioioner 7D•5194 August 24, 1982 Mr. Paul J. LaBrie RE: SALEM/WETLANDS 11 Hemenway Road Wetlands File No. 64-30 Salem, MA 01970 Construction of Seawall On-site meeting Dear Mr. LaBrie: Notice is hereby given that Mr. Sterling Wall of the Metropolitan Boston/Northeast Region of the Department of Environmental Quality Engineering will conduct a site examination and an informal meeting relative to an appeal of an Order of Conditions issued in the above-referenced matter dated, August 9, 1982. This meeting will be held on site at 2:30P.M. on Friday, September 3, 1982. Should you wish to present information relative to this matter, you or your authorized representatives will be affot ed an opportunity to do so at this time. V y truly YOU'PIP, C1 ' e W. Sterlin Wall Wetlands eologist WSW/mes cc: Salem Conservation Commission, City Hall, Salem, MA 01970 Edward H. London, Esquire, 34 Central Street, Lowell, MA 01852 Mr. Carl DeCotis, 35 Belleau Road, Salem, MA 01970 ----