64-30 - 11 Hemenway Road - CONSERVATION COMMISSION _Mr. & Mrs. Paul & Patricia LaBrie &q-3�_
{ (Chester J. Kohn)--I ) Hemenway Rd.
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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
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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
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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
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— ; ��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
----