0 HIGHLAND AVENUE - LOTS - BUILDING JACKET � '_ Highland Ave. Lots
e,P,�on Co Ult.DINI, 0EPT
C7 Conservation Commission
c� Salem, Massachusetts 01970 JUN I� J,9All ,79
Fy o5 Telephone (617) 745-5056
`yASSPC� RECEIVED
CITY OF S,%t.FM,MASS.
June 13, 1979
John Powers
Zoning Enforcement Officer
One Salem Green
Salem, Massachusetts 01970
Dear Mr. Powers:
This is to inform you that on Thursday, May 31, 1979 I inspected
the fill that had been placed off of Highland Avenue by Fantoni
Construction Company. This fill which has been placed on lots 39,
40 & 29 of assessors Map #8,may be a violation of Section- VII,
Wetlands Flood Hazard Districts, Subsection 4 which states, "In
the Wetlands and Flood Hazard Districts no structure or building,
including pipes and wells, shall be erected, constructed, sub-
stantially 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. . ."
I would also like to note at this time that this filling seems to
run directly contrary to the "purpose" of the Wetlands/Flood Hazard
Zoning which states the following as one of the intents of the
zoning, "To preserve the natural flood control characteristics
and the water storage capacity of wetlands and floodplains. . ."
The area filled has been delineated on Wetlands Map #8 as a shaded
swamp with standing water. Because this fill is also a violation
of the Wetlands Protection Act G.L. 131, Section 40, the Salem
Conservation Commission issued the following persons with cease
and desist on Friday, June 1, 1979:
Joseph Gallo, 288 Highland Avenue, Salem, MA 01970
Joseph Fantoni, 5 Little Tree Lane, Framingham, Ma 01701
Messina Deschamps, 11 Marlborough Road, Salem, MA 01970
Ernest Dionne, 19 Orleans Avenue, Salem, MA 01970
Page 2 June 13, 1979
The Commission is requiring that the fill be removed or a
Notice of Intent be submitted for the placement of fill.
I am requesting that you, as the Zoning Enforcement Officer,
investigate this situation and report the resulting action to
myself and the Planning Board within 14 days as outlined in
Section IX, Subsection B of the Salem Zoning Ordinance.
Very truly yours,
Susan Madison
Conservation Aide
SM/sam
cc: Anthony Fletcher, Director of Public Works
Richard Stafford, Assistant City Solicitor
Planning Board
,t.,.
-J, Conservation Commission
Salem, b'Iassachusetts 01970
U Telephone (6171745-50.56
June 13, 1979
Paul Fantoni
FANTONI CONSTRUCTION
5 Little Tree Lane
Framingham, Massachusetts 01701
Dear Mr. Fantoni:
As you are aware, a cease and desist was issued to Fantoni
Construction Company on May 31, 1979 for illegally filling a
wetland in the City of Salem (Salem assessors Map #8, Lots 29,
39 & 40) . The cease and desist issued called not only for the
stoppage of additional fill in this area, but also stated that
the fill already placed be removed.
At a meeting held with the City Engineer on June 4, 1979, at which
you were present, discussion was held on the removal of this illegal
fill. At that time you indicated that Fantoni Construction would
be willing to remove the illegal fill. The Commission would like
this accomplished as soon as possible since the location of this
fill presents a real hazard to the present drainage system for
that area. If this fill is not removed in the near future then
further legal action will be necessary under the Wetlands Protection
Act, G.L. 131, Section 40.
I would also like to inform you that a letter has been sent to
the Zoning Enforcement Officer asking him to investigate this
filling as a violation of Section VII of the City' s Zoning Ordinance.
I would like to thank you for your prompt attention to this matter.
I would also appreciate it if you would contact me as soon as
possible to inform me of your exact plans for the removal of this
fill. I can be reached by calling either 745-5056 or 744-4580.
Very truly yours,
Susan Madison
SM/sam Conservation Aide
Certified
cc: Anthony Fletcher, Director of Public Works
Richard Stafford, Assistant City Solicitor
John Powers, Building Inspector
Sterling Wall, DEQE
Planning Board