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14 BUCHANAN ROAD - CONSERVATION COMMISSION 14 Buchanan Rd. `. Form 2 ' DEOE FRO No. (To be provided by DEDE) (� Commonwealth City/Town SALEM 11 of Massachusetts Appfimnr Randall & Loretta Wieting Determination of Applicability Massachusetts Wetlands Protection Act, G.L c. 131, §40 SALEM CONSERVATION COMMISSION From Issuing Authority To RANDALL & LORETTA WIETING SAME (Name of person making request) (Name of property owner) 14 Buchanan Road, Salem Address Address SAME This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date). f3 by certified mail,return receipt requested -1 °November 1, 1988 (date) Pursuant to the authority of G.L.c. 131, §40,the Commission has considered your request for a Determination of Applicability and its supporting documentation,and has made the following determination(check whichever is applicable): This Determination is positive: i. The area described below,which includes all/part of the area described in your request,is an Area Subject to Protection Under the Act.Therefore,any removing,filling,dredging or altering of that area requires the filing of a Notice of Intent. 2. ❑ The work described below,which includes all/part of the work described in your request,is within an Area Subject to Protection Under the Act and will remove,fiff,dredge or alter that area.There- fore,said work requires the filing of a Notice of Intent. C 2-1 3. ❑ The work described below,which includes all/part of the work described in your request,is within the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act.Therefore,said work requires the filing of a Notice of Intent. This Determination is negative: 1. ❑ The area described in your request is not an Area Subject to Protection Under the Act. 2. ❑ The work described in your request is within an Area Subject to Protection Under the Act,but will not remove,fill,dredge,or alter that area.Therefore,said work does not require the filing of a Notice of Intent. 3. ❑ The work describedln.your request is within the Buffer Zone,as defined in the regulations,but win not alter an Area Subject to Protection Under the Act:Therefore,said work does not require the- fling of a Notice of Intent. 4. ❑ The area described in your request is Subject to Protection Under the Act,but since the work described therein meets the requirements for the following exemption,as specified in the Act and . the regulations,no Notice of Intent is required: S ALEM. Issued by Conservation Commission Signature( LV This Determin/�/�n'mr ust be signed by a majority of the Conservation Commission. On this 1st day of the above name November 19 $8 ,before me personally appeared ,to me known to be the person described,in, and who executed,the foregoing instrument,and acknowledged that he/she executed (� a same as his/her free act and deed. _ Notary Public My commission expires This Determination does not relieve the applicant from complying with all other applicable federal,state or local statutes.ordinances, by-laws or regulations.This Determination shall be valid for three years form the date of issuance. The applicant,the owner,any person aggrieved by this Determination,any owner of land abutting 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 request the Department of Environmental Oualily Engineering to issue a Superseding Determination of Applicability,providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 2-2A Form 2 DEOE File No. ' (To be provided by DERE) I^ Commonwealth City/Town SALEM �( of Massachusetts Applicwt Randall & Loretta Wietin! Determination of Applicability Massachusetts Wetlands Protection Act, G.L c. 131, §40 SALEM CONSERVATION COMMISSION From Issuing Authority TO RANDALL & LORETTA WIETING SAME (Name of person making request) (Name of property owner) 14 Buchanan Road, Salem Address Address SAMF. This determination is issued and delivered as follows: ❑ by hand delivery to person making request on (date)- C3 by certified mail,return receipt requested on November 1, 1988 idate) CPursuant to the authority of G.L c. 131, §40,the Commission has considered your request for a Determination of Applicability and its supporting documentation,and has made the following determination(check whichever is applicable): This Determination is positive: 1. The area described below,which includes all/part of the area described in your request,is an Area Subject to Protection Under the Act.Therefore, any removing,filling,dredging or altering of that area requires the filing of a Notice of Intent. 2. ❑ The work described below,which includes all/part of the work described in your request.Is within an Area Subject to Protection Under the Act and will remove,fill,dredge or alter that area.There- fore, said work requires the filing of a Notice of Intent. C 2-1 T S f 3. ❑ The work described below,which includes all/part of the work described in your request, is within ` the Buffer Zone as defined in the regulations, and will alter an Area Subject to Protection Under the Act.Therefore, said work requires the filing of a Notice of Intent. This Determination is negative: 1. ❑ The area described in your request is not an Area Subjectto Protection Under the Act. 2. ❑ The work described in your request is within an Area Subject to Protection Under the Act,but will not remove,fill,dredge,or alter that 2rea.Therefore,said work does not require the filing of a Notice of Intent. 3. ❑ The work described-in your request is within the Buffer Zone,as defined in the regulations,but will not alter an Area Subject to Protection Under the Act.Therefore;said work does not require the fling of a Notice of Intent. 4. ❑ The area described in your request it Subject to Protection Under the Act,but since the work described therein meets the requirements for the following exemption,as specified in the Act and the regulations,no Notice of Intent is required: S ALEM Issued by Conservation Commission Signature( / i This Determina " n must be signed by a majority of the Conservation Commission. On this 1st dayof November 19 88 before me personally appeared the above named ,to me known to be the person described-in, and who executed,the foregoing instrument,and acknowledged that he/she executed the.same as his/her free act and deed. Notary Public My commission expires This Determination does not relieve the applicant from complying with all other applicable federal,state or local statutes,ordinances, by-laws or regulations.This Determination shall be valid for three years form the date of issuance. The applicant,the owner,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed work is to be done,of any ten residents of the city or town in which such land is located,are hereby notified of their right to request the Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability,providing the request is made by certified mail or hand delivery to the Department within ten days from the date of issuance of this Determination.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and the applicant. 2-2A l 1 1 i1: a e/LZP�/ta,LQU�/Z eii/(JdLWZ = �/YQ^K�UGG'U.Qli ei•LC,y tuiZ S. RUSSELL SYLVA 5 Z�anvrza/i�zttrea��L �wre�uce O Cmnndsslmerr �78�7 617/W55-2160 December 20, J983 Joyce 11 . Salvo � DEC v 7 198B R� . WEE7L ANDS IDEM File H64-114 12 Wing Avenue Request jar buper !d.iny Salem , HA 01970 ,. t� ;. ..:..n,� r Order' of-, IUi:�nditiuir;', .. SAL 681 Ife.IZGkaeulVl9 DEPT! Dear Hs . Salvo: Ihe=. hetrapo Li. tan Has Lon/Nor Lheas:t:. Rei:�.iona.l. �Cr� r.i.�::e of t.hra Department. of Environmental Eluality Eng:ineerinyli�l` 's writ:inq :in regard to Your letter date=d November- 13, 1935 , requentinq .1 Suprr =.r.+ding Orden of Conditions for the above-referenced p•rv.lec;t. required under 310 CMR 10.05 (7 ) (c) of tih1e Wetlands Protection Act. Regulations , an appellant is required to send a r vque- t: for a Superseding Order of Conditions in writing Co th;>, Deparl.monl. - l-I'ris rearrest "shall state clearly 4nd cone e •-:e ly Me objections to the Order which is being appealed;',. - how the Urder of Conditions issued by the conservation cghm:i=r_iun is incorin .stent. with 310 CMR 1.0 ,00 and does not cont.r,ibute I:.o the protecl.aon of the interests identified in the Adak " WhilD ; our reque t ! or c Superseding Order of C,cn dLtronr-, tape numbs of obje c l ion and alleged inaccuracies ,es there i ;o reason apecrf LIlq whY the Order of Conditions is Ubd b'y h Sal in Con ini v,ation Commission is inconsistent with thsi Wint.laandn Regulations nor how the Order does not contri.brite to t:hr+_ interests: identified in the Act. Unsed upon a review of your appeal. , the Depai-tment in unable to acautt it due to noncompliance witty the aforement:ionc:l regulations. You are further notified that thelIIIboal Ordnr of Conditions issued b> flee Salem Conservation Conpissi.on ori November 15 , 1938 , remains in full, force and effect and shall serve .:an the Final Urder. of Conditions regul.at.:iny sactivi tie._ undQr the, Wetlands, Protection Act., Ma. ::.;achluse.ttg [General I a;ws: , Chapter 131 , Motion 40. � ill SLf1174AI Page L ii j � I I It vuu h.n'dc: any question r rq and i ng this letter ycu may uunLmnf. lir . Rolla fucker at 611/qU-2160. I Ve=ry truly yours ,, �ak. ln I`t. Lei d, i .. Deputy Regional Environmenta11 Eoginfd.w I I JfiL./ SL111YAMi cc : oah!um Lunser.va Lion 1:p1111Iission a I i I I I I � III a � . h ii I i i .pito N Cpl z Conservation Commission r Salem. Massachusetts 111970 lfnsss CITY OF SALEM CONSERVATION COMMISSION On Thursday, October 27, 1988, at 7:30 p.m., the Salem Conservation Commission will make a Determination of the Significance of the Wetlands Protection Act, Massachusetts General Law, Chapter 131, Section 40, for a proposal at 14 Buchanan Road to use an area in the Buffer Zone adjacent to a salt marsh for a garden. The meeting will be held at One Salem Green, Second Floor Conference Room. Philip D. Moran Chairman October A 1988 M41 WP PLAN OF LAND IN SAL Eir! � /1J,9SS ,, � C94�At�s R.W. REID CE LYNNFIELD, MA. Scgt6 �—, to• .Git'c zo /fet RD � V^1DEVI6tOPE� rss 7 2 J, "i. ..••. /8, bp9 ASF.' q NALPM n MI LL�AM i � Y r.[i n� ti �/ 1 def �,r V144 O O'Ne./ St I FF./J i I certify that the dwding is located as shown and con- forrr,cd to the zoning laws of the 4'-er of �fJCNANAN Rp_ when constructed. 1 . hereby. certify to the best of my knowledge that the premises shown on this plan are located within a flood hazard area as delineated on the map of Community I tso/o t"I by the Department Of Housing and Urban Development. Federal Insurance Administration. dated 4ViAris7 20.vE w-tt W0^C car �..../.-it...awr.�.v .i ea.r.4•c�i fir 'SVW r.r AiJeT'JJa.tJ Alc�.a it / IC1pk Note: This plan was prepared from a tape survey and is Intended for mortgage purpose* only. Offsets shown on- or scaled from this Dian ------:--.- ,.•.i.. __A -..•.,.te ..M s�- • OFFICE AT HAMILTON HALL �Historc Tern incorporated POST OFFICE BOX 865 SALEM, MASSACHUSETTS 01970 / PHONE (617) 745-0799 October 27th 1988 Philip Moran, Esquire - Chairman Salem Conservation Commission One Salem Green Salem, MA 01970 Dear Attorney Moran: This letter is to inform the Salem Conservation Commission that the Wieting ' s garden at 14 Buchanan Road will be included in the 1989 Historic Salem Garden Tour, to be held on June 23rd and 24th, 1989. We are pleased to be including gardens from parts of Salem outside the downtown core , in order to give the participants a better overview of our city. The Wieting ' s garden with its setting by the Forest River Salt Marsh will be a welcome addition. Sincerely �) -R, 647 -,40,4�. William Guenther President "to preserve Historic Sites, Buildings and objects, and to work for the education of the community in the true value of the same." Nt3 i� ' KEVIN T. DALY n .y, .� LEONARD F. FEMINO ASSISTANT CITY SOLICITOR ��� ? ASSISTANT CITY SOLICITOR 93 WASHINGTON STREET R!�uR`��wT' 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'B RIEN SALEM, MA 01970 BEVERLY, MA 01915 745-4311 - CITY SOLICITOR 745-4311 745-0500 93 WASHINGTON STREET 921-1990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM, MA 01970 745-4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET October 27 , 1988 Salem Conservation Commission One Salem Green Salem, Massachusetts 01970 Attention: Beth Debski, Conservation Administrator Dear Beth: I am in receipt of a letter from you dated October 21, 1988 requesting my opinion as follows : "The second issue involves an opinion on the private use of Pierce Road, a paper street, located adjacent to the Forest River salt marsh, for a garden. " I would respectfully request that you clarify your request with more information, as I do not understand the same. truly yours ichael E. O'Brien City Solicitor MEO/jp e GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 October 28, 1988 Salem Conservation Commission One Salem Green Salem, MA 01970 Re: Wieting' s Property 14 Buchanan Road Salem, Massachusetts Commission Members: A survey plan has been provided for 14 Buchanan Road and I have forwarded it to you for your review. Please note that my approximation of the garden and porch locations, based on the assessor' s map, were incorrect. The porch is 5 ft. from Pierce Road, not in it. A revised letter is also enclosed I apologize for the misinformation; please feel free to contact me should you have any questions. Sincerely, Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/jc GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES in NFAYETTESTREET October 25, 1988 LEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 Mr. Walter Power - Chairman Salem Planning Board One Salem Green Salem, MA 01970 Re: Pierce Road Dear Mr. Power and Board Members: Steven Salvo and Clayton Smith, Salem residents with interests of Pierce Road, have requested that the Salem Conservation Commission require Randall and Loretta Wieting of 14 Buchanan Road to file a Request for Determination of Applicability for gardens within the buffer zone. However, the issue is not whether the gardens impact the adjoining marsh ( see attached letters) , but whether the Wietings can use what was once Pierce Road. Therefore on behalf of the Wietings, I ask the Planning Board to aid in clarifying this matter. Please note that the Salem Board of Appeals Decision of November 2, 1988 granted the Weitings a variance for construction of a porch. The porch is 5 feet from Pierce Road, therefore the Board of Appeals had a "finding as fact" that Pierce Road does not exist. This position was upheld by the Salem Conservation Commission on April 14, 1988 when it denied Clayton Smith construction of a house and extended roadway on the lot adjacent to the Wieting' s. In 1986 , the Wietings planted gardens on what was once Pierce Road following the verbal approval of the Salem Conservation Commission. It is Mr. Salvo' s and Mr. Smith' s contention that the gardens are on city property. As such, they are strongly urging the Conservation Commission to order their removal. Whether the property belongs to the city or to the Wietings should be of no concern to the Conservation Commission, however, to facilitate the process I ask the Planning Board three questions: 1 ) does Pierce Road exist, 2) if not, has that area become the property of the abutters, and 3 ) if it remains city property, can the Wietings retain their gardens until such time that the city requires the roadway? Thank you for your time and consideration. Please feel free to contact me should you have any questions. Sin erelyP, / Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/jc . Enclosure GULF OF MAINE RESEARCH IC. ENVIRONMENTAL CONSULTING SE VI S 204 LAFAYETTE STREET October 25, 1988 SALEM, MA01970 (508) 745-6618 FAX (508) 741-8648 Mr. Walter Power - Chairman Salem Planning Board One Salem Green Salem, MA 01970 Re: Pierce Road Dear Mr. Power and Board Members: Steven Salvo and Clayton Smith, Salem residents with interests of Pierce Road, have requested that the Salem Conservation Commission require Randall and Loretta Wieting of 14 Buchanan Road to file a Request for Determination of Applicability for gardens within the buffer zone. However, the issue is not whether the gardens impact the adjoining marsh ( see attached letters) , but whether the Wietings can use what was once Pierce Road. Therefore on behalf of the Wietings, I ask the Planning Board to aid in clarifying this matter. Please note that the Salem Board of Appeals Decision of November 2 , 1988 granted the Weitings a variance for construction of a porch. The porch is 5 feet from Pierce Road, therefore the Board of Appeals had a "finding as fact" that Pierce Road does not exist. This position was upheld by the Salem Conservation Commission on April 14, 1988 when it denied Clayton Smith construction of a house and extended roadway on the lot adjacent to the Wieting' s. In 1986, the Wietings planted gardens on what was once Pierce Road following the verbal approval of the Salem Conservation Commission. It is Mr. Salvo' s and Mr. Smith' s contention that the gardens are on city property. As such, they are strongly urging the Conservation Commission to order their removal. Whether the property belongs to the city or to the Wietings should be of no concern to the Conservation Commission, however, to facilitate the process I ask the Planning Board three questions: 1) does Pierce Road exist, 2 ) if not, has that area become the property of the abutters, and 3 ) if it remains city property, can the Wietings retain their gardens until such time that the city requires the roadway? Thank you for your time and consideration. Please feel free to contact me should you have any questions. Sincerely, Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/jc Enclosure PLAN OF LAND IN SALE/r! J /1lASS D +- � Cs4rc�t�S R.W. REID CE LYNNFIELDi MA. se .C'C i se• Zknr zo i sa r tlA1DEV161oPEp res 9 2J� 6V..3, '% �••� /8, 699 ASF_' W. !rte RALPM • � MIIUAM < , ro'! 79 rc p 9422 bar r 4i:rcaLV�p. �• ,����uFYi�. +S S<♦FF.�J O ' I ccriify that the dwcMng is located as shown and con- fortrcd to the zoning laws of the 4'-er of 0UC'//7NA'V A0. OL constructed. ,L t „ 7 1 , hereby, certify to the best of my knowledge that the premises shown on this plan are located within a flood hazard area as delineated on the map of Community N rso/ot', by the Department of housing and Urban Development, Federal insurance Administration, dated a//aY77 Xo~.c A.7 - W*/a•: t6r 'I C%o W'0b[AMI Note: This plan was prepared from a tape survey and is intended for mortgage purpose! only. Offsets shown on, or scaled from this plan are approximate only. and should not tey used to determine oronPrty tins _ PLAN OF LAND IN SALe.0Vl /�lAss. �s4f�fNS R.W. REID CE LYNNFIELDI MA. SCgta' / sa ,Giro zo /Per j VAfDBV161oPE� fss ? 2Y° 6er.� ��� �••� /8, 699 �S.f: i�114 Gf�� wILUnM % �. /O r 7A ) raIlo' Z:' • ac t °4en•` oa 4 S 0We./ Se♦FF.,J 4 I certify that the dwelling is y located as shown and con- formcd to the zoning laws of the 4' '`r of $ucN•gNA0V .PO. when constructed. ,ew•e►.:7 1 . hereby, certify to the best of my knowledge that the premises shown on this plan are located within a flood hazard area as delineated on the map of Community / !solo 2lr by the Department of Housing and Urban Development . federal Insurance Administration. dated aVisiss ZO~41 ,r-,s w *^C. tar iI C1awr/ti4AM/ Fife Ae r v✓ AlJFJJ�.�I 4 rc�.w v, I Oc-PIV. Note: This plan was prepared from a tape survey and is intended for mortgage purpose!. only. Offsets shown on, or scaled from this plan are approximate only. and should not Ale� used to determine nr. ..e..., i :--- PLAN OF LAND IN S'Azeow � /jl/gsS. �4cprHS R.W. REID CE LYNNFIEL01 MA. M RD rss ' j VAlDEtrlSLOPEp z, 6iy�� DD p S..A401 y "M n e Y F o v.:/ SG r FF-r., i ,v/F O.f..i♦ w v I certify Ihat INC dwe!�ing is located as shown and con- formed to the zoning bws of the 'r, yr of ,. SO ice-.. �t/eNANAN iPp when constructed. ,e� 7 I , hereby, certify to the best of my knowledge that the premises shown on this plan are located t d wi hin t a flood hazard area as delineated on the map of Comnunityltso/Pill/ by the Department of Mousing and Urban Development federal Insurance Administration dated .1</FI'/)7 z0~,e- W--W A'O/!: Lar p•..�,.-mss...�wrf�.r �i ela.�/4.c�� Fi�M kINl AlJIJJa.fI AIC�.f I/ I IIYIV; Note: This plan was prepared from a tape survey and is intended for mortgage purpose' only. Offsets shown on, or scaled from this Plan arw m..,,.,...:_,.. ,.,.1., _..d .ti.,..1e nnr f.' i CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT oxnnti� GERARD KAVANAUGH g ONE SALEM GREEN CITY PLANNER a01970 (617)745-9595,EXT.311 '�JA`Oly01L CP�4Y November 22, 1988 Michael E. O'Brien City Solicitor 93 Washington Street Salem, MA 01970 - - RE: 14 Buchanan Road Dear Mike: I am writing to you on behalf of the Salem Conservation Commision with regard to a determination of the ownership and allowed use of a parcel of land located on Pierce Road, directly behind 14 Buchanan Road. As you know, Pierce Road is a "paper street" and has yet to be developed. Loretta and Randall Wieting established gardens in this area in 1986 with the verbalapproval of the Conservation Commission. Earlier this year, questions were raised about the wetland impacts of the gardens. An assessment prepared by Gulf of Maine Research Center, Inc. has indicated that the gardens have no impact on the adjacent salt marsh. Because there are no impacts to the wetlands, the Commission voted on November 10, 1988 to issue an Order of Conditions to Randall and Loretta Wieting for the continued maintenance of the gardens on the parcel in question. The Commission' s jurisdiction is limited to the impacts on wetlands and not on the ownership and use of property. The Commission would like to request that you make a determination on the ownership and allowed use of this parcel for their next meeting to be held on December 8, 1988. Thank you for your assistance in this matter. Sincerely, Beth Debski Assistant City Planner J2549 r KEVIN T. DALY' LEONARD F. FE MING ASSISTANT CITY SOLICITOR �� --i'"? ASSISTANT CITY SOLICITOR 93 WASHINGTON.ST,REET 93 WASHINGTON STREET AND CITY OF SALEM - MASSACHUSETTS AND ONE CHURCH STREET ONE SCHOOL STREET MICHAEL E. O'BRIEN SALEM. MA 01970 BEVERLY. MA 01915 93 WASHINGTON STREET 745-4311 CSSOLICITOR 745-4311 745-0500 9211990 AND PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET SALEM. MA 01970 745.4311 744-3363 PLEASE REPLY TO 81 WASHINGTON STREET December 6 , 1988 Planning Department City of Salem a � V E L) One Salem Green Salem, Massachusetts 01970 )�`� 17 u�_B Attention: Beth Debski Re : 14 Buchanan Road (1 Pierce Road) Dear Beth: By letter dated November 22 , 1988 you indicated that the Conservation Commission has requested my opinion as to the ownership and allowed use of a portion of land located within the "paper street" portion of Pierce Road. I will first attempt to address the "ownership" part of the question raised by the Commission. Based upon records at the Registry of Deeds, the road layout of Pierce Road has been in existence since 1907 . The current records of the Assessor' s Office show Pierce Road as running from Loring Avenue to Buchanan. The 1987 City Manual lists all of Pierce Road as not being an accepted street. From a practical point of view, only a small portion of Pierce Road has surface improvements and the area in question has no surface improvements . However, I have reviewed engineering plans that indicate that a sewer has been layed out under the entire length of Pierce Road. whether or not a way is accepted or unaccepted is not dispositive as to whether it is public or private. Based upon the fact that Pierce Road has been laid out since 1907 and subsurface improvements have been made to it leads me to the conclusion that it is a "public way" . As such, theoretically, it must be open to members of the public. Accordingly, "ownership" vests in the public generally subject to the obligation of the City to maintain any improvements . Planning Department - 2 - December 6 , 1988 Having said the above, it is my opinion that the "use" of the way may not be inconsistent with the public ' s right to access. Admittedly, from a practical point of view, since the road is a "paper street" members of the public would have no occasion to use the same. However, I do not believe it is within the purview of the Conservation Commission to sanction temporary use of public ways for private purposes. er truly yours, i hael E. O'Brien City Solicitor MEO/jp cc: City Clerk GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 YY FAX (508) 741-8648 E� �1 \1E®�tober, 1988 Salem Conservation Commission Cr�j One Salem Green OCI 1 Salem, MA 01970 14 Buchanan Road Re: Wieting' s, J��E�� Ptvet Dear Commission Members : At your request, I am submitting a Request for Determination of Applicability for continued maintenance of gardens within the buffer zone at 14 Buchanan Road. An assessment has indicated that the gardens have no impact on the salt marsh (see letters to the Commission dated 7 June, 1988 and 30 August, 1988) . Furthermore, the gardens were established in 1986 following verbal approval by the Conservation Commission. It is my contention that the Commission' s decision must be based solely on wetland impacts , and not on ownership of the property. The question of ownership is nowbefore the Salem Planning Board (see attached letter) . Therefore, I request that the Salem Conservation Commission issue a negative determination on the basis that the work described is within the Buffer Zone but will not alter an Area Subject to Protection Under the Act, with the condition that ownership and use of the land be determined by the Salem Planning Board. Thank you for your consideration. Please contact me should you have any questions. Sincerely, Donald M. Kent, Ph.D. j 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENCINEERINC 10.99: Forms Form 1 DEOE FIN No. (To bn oro.n.a by DECEI GIy,To..n Salem. Commonwealth Wieting of Massachusetts AoPbc t n Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 131, §40 1. l the undersigned-hereby request ihatthe Salem Conservation Commission make a determination as to whether the area,described below.or work to be performed on said area also described below,Is subject to the jurisdiction of the Wetlands Protection Act al-a 131,§40. 2 The area is described as follows.(Use maps or plans,if necessary,to provide a description and the location of the area subject to this request) The area of use is buffer zone to a salt marsh at 14 Buchanan Road. Present use of the property includes ( portions of a house and porch, lawn and gardens . See attached letters and figures for. detailed descriptions of the location and resource area. 3. The work in said area is described below.(Use additional paper,if necessary. to describe the proposed work.) The applicant proposes to continue maintenance of a garden established in 1986 . No fertilizers are used and there is no indication of impacts to the marsh (see attached letters) . The gardens were established in 1986 following verbal approval by the Salem Conservation Commission. This request is filed in order to publicly address the concerns of a Salem resident that the garden area is in fact city property and therefore cannot be used _._ by the. applicant. 1.1 10/16/87 (Effective 11/1/87) no CMA - 280.9 Y ` l0.ge: continued 4. The owners) f Me area,it not the person making this request,has been given written notification of this r' request on �4 October, 1988 (date) The name(s)and addreas(es)of the owner(31: Randall and Loretta Wieting 14 Buchanan Road Salem, MA 01970 S. I have filed a complete copy of this request with the aopropffate regional office of the Massachusetts { �, Department of Environmental Quality Engineering on �4 October. 1988 (date) Metro Boston/Northeast Southeast 38 Commerce Way Lakeville Hospital Woburn,MA 01801 Lakeville,MA 02346 Central Western 158 Grove Street State House West.4th Floor Worcester,MA 01605 436 Dwight Street Springfield,MA all 03 6. 1 understand that notification of this request will be placed In a local newspaper at my expense in accor- dance with Section 10.05(3)(b)1 of the regulations try the Conservation Commission and that 1 will be billed accordingly. , / C bName Donald M. Kent, Ph.D. Signature _ lS./1 1 Address Gulf of Maine Research Center Inc Tel 745-6619 204 aye e Street Salem, MA 01938 1.2 10/16/87 (Effective 11/1187) 310 CMR - .80.10 GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 27 CONGRESS STREET SALEM, MA 01970 (617) 745-6618 FAX (617) 741-8648 June 7, 1988 Philip Moran, Esquire - Chairman Salem Conservation Commission One Salem Green Salem, MA 01970 Dear Attorney Moran: The Salem Conservation Commission recently considered a Notice of Intent for construction of a house and driveway off Pierce Road, adjacent to the Forest River. During the hearing, a question was raised as to the effect on the salt marsh of a lawn within the buffer zone. The question of potential impacts to the marsh has now been expanded to include gardens as well as lawns. Loretta and Randall Wieting of 14 Buchanan Road maintain a lawn and gardens within the buffer zone of the Forest River salt marsh. The lawn and gardens begin 35 feet from the salt marsh, and 100 feet from the river. At their request, I have considered the impacts of the lawn and gardens on the salt marsh. My conclusions pertain to the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131, Section 40) and are based on observations of the Wieting property and surrounding properties on May 31 , 1988 . GULF OF MAINE RESEARCH CENTER INC. According to the Massachusetts wetlands Regulations ( 310 CMR 10. 00 ) , salt marshes are significant to "protection of marine fisheries, wildlife habitat, where there are shellfish to protection of land containing shellfish, prevention of pollution and are likely to be significant to storm damage prevention and ground water supply" . As such, "any project in a salt marsh, or within 100 feet of a salt marsh, shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh" . Protection of Marine Fisheries and Land Containing Shellfish There is no evidence that the lawn and gardens affect the production of organic matter in the marsh. Organic matter is exported as detritus and dissolved organics to estuarine and coastal waters where it provides a basis for the food web supporting fisheries and shellfish. Alterations of the buffer zone could potentially affect surface runoff patterns, permitting increased flow of freshwater to the marsh surface. Such flow could result in the replacement of marsh vegetation with upland vegetation, thereby decreasing the production of organic matter. Although there was evidence of channeled surface water runoff in one of the gardens, the effects are presently mitigated by a 35 foot zone of herbaceous upland vegetation. The salt marsh also provides a potential spawning and nursery habitat for estuarine forage finfish. Possible impacts include increased turbidity due to erosion and decreased salinity due to increased upland runoff. Neither effect was observed or is likely to occur as long as the buffer zone remains vegetated. :J GULF OF MAINE RESEARCH CENTER INC. Protection of Wildlife Habitat The marsh provides food, shelter, breeding areas, and migratory and overwintering areas for wildlife species . Use of the buffer zone could potentially alter marsh vegetation through changes in drainage patterns, and could disturb feeding and/or nesting wildlife. As stated above, there is no evidence that current activities have affected marsh vegetation. It is more difficult to ascertain if activity in the buffer zone disturbs wildlife using the marsh. Belted kingfishers (Cer le alcyon) , which nest and feed in the estuary are known to have a low tolerance of human disturbance near nest sites (Prose, B.L. , 1985 U. S. Fish Wildl. Serv. Biol Rep. 82: 10. 87 ) . However, there are no potential kingfisher nest sites near the Weiting property. Observations at the time of the visit indicated that kingfisher feeding is undisturbed by human activity in the buffer zone. Great blue heron (Ardea herodias) and snowy egrets (Egretta thula) also feed in the marsh. Short and Cooper ( 1986 , U.S. Fish Wildl. Serv. Biol Rep. 82: 10 .99) ) suggest that great blue herons require foraging areas approximately 328 feet from human activities. Snowy egrets can be assumed to have a similar requirement. The foraging area is only 130 feet from the nearest gardens so the potential for disturbance to feeding herons and egrets exists. However, infrequent use of the buffer zone area probably minimizes the impacts. Furthermore, given the proximity of houses in the area and the level of human activity, the herons and egrets are likely to be habituated to human activity, and therefore tolerant of buffer zone use. Other wildlife using the marsh are less susceptible to disturbance. GULF OF MANE RESEARCH CENTER INC. Prevention of Pollution Salt marsh plants and substrate remove pollutants from surrounding waters. As there has not been a reduction in salt marsh plants or substrate, the lawn and gardens have not diminished the capacity of the marsh to prevent pollution. Nor has maintenance of the lawn and gardens introduced additional pollutants to the marsh as fertilizers, pesticides and herbicides are not used. Storm Damage Prevention Salt marsh cord grass and underlying peat are resistant to erosion and dissipate wave energy, thereby reducing storm damage. Again, as there has not been a reduction in the amount of cord grass and underlying peat, the capacity of the marsh to prevent storm damage has not been diminished. Groundwater Supply Peat serves as a barrier between fresh groundwater landward of the salt marsh and the ocean, thereby helping to maintain the level of such groundwater. Activities related to the lawn and gardens have not reduced the amount of existing peat, nor are they likely to slow peat production, therefore the groundwater supply is protected. Conclusion and Recommendations There is no evidence the Wieting' s lawn and gardens within the buffer zone are destroying any portion of the salt marsh or are having an adverse effect on the productivity of the salt marsh. GULF OF MAINE RESEARCH CENTER INC. • There is no indication that the marsh vegetation has been altered or that siltation of the marsh surface has occurred. Furthermore, there is no evidence that the minimal amount of human activity that occurs in the buffer zone disturbs wildlife. To ensure continued salt marsh productivity and protection of the salt marsh vegetation, channeled surface water runoff should be prevented. This could be accomplished by decreasing the unvegetated area in the gardens nearest the marsh, leveling the surface of the gardens so that channels do not develop, or establishing a 2-3 foot wide grass strip for diffusion of surface runoff downgradient of the gardens. Additionally, herbicides and pesticides should not be applied to the lawn or gardens. organic fertilizers should only be applied during the time of year that the vegetation is incorporating plant nutrients. I have discussed these conclusions with the Wietings and they have initiated measures to prevent channeled surface water runoff . If I can be of further assistance, please feel free to contact me. Sincerely Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/gg GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET August 30 , 1988 SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 Salem Conservation Commission One Salem Green Salem, MA 01970 RE: Loretta and Randall Wieting 14 Buchanan Road Dear Commissioners: This letter is intended to clarify my letter of June 7, 1988 regarding potential impacts to the salt marsh from lawn and gardens at 14 Buchanan Road. Based on observations of the Wieting property and surrounding properties on May 31, 1988, my conclusion was that "there is no evidence that the Wieting' s lawn and gardens within the buffer zone are destroying any portion of the salt marsh or are having an adverse effect on the productivity of the salt marsh" . Furthermore, I stated that "there is no indication that the marsh vegetation has been altered or that siltation of the marsh has occurred" , and that "there is no evidence. . .that human activity. . .disturbs wildlife" . I closed the aforementioned letter by suggesting precautions that could be implemented to insure that the salt marsh is not altered. This was not meant to imply that alterations would definitely occur if the precautions were not implemented. My suggestions were made in an effort to reduce a negligible chance of marsh alteration to a zero chance of alteration. The Wieting' s have chosen to establish a 2-3 foot wide grass strip downgradient of the gardens. This strip, in addition to the 35 foot zone of natural vegetation that exists between the gardens and the salt marsh, will prevent any surface water runoff from reaching the salt marsh. Therefore, the gardens and lawn will not alter the salt marsh. I apologize for any confusion that may have arisen. From a Wetlands Protection Act standpoint, there is no reason the gardens and lawn at 14 Buchanan Road cannot remain in place. If you have any questions, please feel free to contact me. Sincerely, Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/qg GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 14 October, 1988 Walter Power - Chair Salem Planning Board One Salem Green Salem, MA 01970 Re: Pierce Road Dear Mr. Power and Board Members : Steven Salvo and Clayton Smith, Salem residents with interests on Pierce Road, have requested that the Salem Conservtion Commission require Randall and Loretta Wieting of 14 Buchanan Road to file a Request for Determination of Applicability for gardens within the buffer zone. However, the issue is not whether the gardens impact the adjoining marsh (see attached letters) , but whether the Wietings ' s can use what was once Pierce Road. Therefore, on behalf of the Wieting' s , I ask the Planning Board to aid in clarifying this matter. Please note that the Salem Board of Appeals Decision of 2 November, 1983 granted the Wieting' s a wetlands variance for construction of a porch. The porch actually extends onto what was Pierce Road, therefore the Board of Appeals had a "finding as fact" that Pierce Road does not exist. This position was upheld by the Salem Conservation Commission in 1988 when it denied Clayton Smith construction of a house and extended roadway on the lot adjacent to the Wieting' s. In 1986 , the Wieting' s planted gardens on what was once Pierce Road following the verbal approval of the Salem Conservation Commission. It is Mr. Salvo' s and Mr. Smith' s contention that the gardens are on city property. As such, they are strongly urging the Conservation Commission to order their removal . Whether the property belongs to the city or to the Wieting' s should be of no concern to the Conservation Commission, however, to facilitate the process I ask the Planning Board three questions : 1) Does Pierce Road exist , 2) If not, has that area become the property of the abutters , and 3) If it remains city property, can the Wieting' s retain their gardens until such time that the city requires the roadway? Y Thank you for your time and consideration. Please feel free to contact me should you have any questions . Sincerely, Donald M. Kent , Ph.D. i . v..� r `4hl ,�sa� �♦ - Svbatr^ Sob -PIarECPuv° .S - Coro •� � r la3 j Iti f I =` . i[ Palma (V / 1 (19 r •�..� 41 rrr [ w[ �j414�: I .moi �Ar+P � o— z. d�4Py i r Ls7 IGH �c I � v t a I� �I �, I'� � >.,.5.• � .Y ( W \ � �"• .1 r[ s �� all' -i L N 4-ll forts) Rvy `l \J.. �� Y ,!�'rYlyy �' JIyI �y -_. •.Pa M gip. � .� \� a •�"i l o~ 11 �y r, I�jll` 4L [�� f' Ickeri 6 W tir Anpa[.r� 1 �d••P, a6e STAM J ly 1� MLANQ PARK �' -�'1*-�, .•dd tJ1'��°aAU �1-10 $A/'/�'M iv r ap � G •�,/�', S�Le � 'HARBOR � �2,�.,' �• o �ia o IAe3e f _�R ->• ()6 le /J F C C. a W C -T N FIGURE 1: SITE LOCATION SCALE: I- - 2100' Base Map: USGS Topographic Map v � O • l C � U m - .a Y 00 � p O 4D+ porch �� manhole' buffer zone 0 � ` 4 '1Z y ,�s edge of wetlands w . Forest River gardens u rx GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 14 October, 1988 Salem Conservation Commission One Salem Green Salem, MA 01970 Re: Wieting' s, 14 Buchanan Road Dear Commission Members: At your request, I am submitting a Request for Determination of Applicability for continued maintenance of gardens within the buffer zone at 14 Buchanan Road. An assessment has indicated that the gardens have-no impact on the salt marsh (see letters to the Commission dated 7 June, 1988 and 30 August, 1988) . Furthermore, the gardens were established in 1986 following Verbal approval by the Conservation Commission. It is my contention that the Commission' s decision must be based solely on wetland impacts , and not on ownership of the property. The question of ownership is now before the Salem Planning Board (see attached letter) . Therefore, I request that the Salem Conservation Commission issue a negative determination on the basis that the work described is within the Buffer Zone but will not alter an Area Subject to Protection Under the Act, with the condition that ownership and use of the land be determined by the Salem Planning Board. Thank you for your consideration. Please contact me should you have any questions . Sincerely, Donald M. Kent , Ph.D. 310 CMR: DEPARTMENT OF ENVIRONMENTAL.QUALITY ENGINEERING 10.99: Forms Form I 0EOE FRO No. (To W wo.a•a by MOE) Cara. Salem Commonwealth Wieting of Massachusetts ki Request for a Determination of Applicability Massachusetts Wetlands Protection Act, G.L. c. 1319 §40 1. I,the undersigned-hereby request thatthe Salem - Conservation Commission make a determination as to whether the area,described below,or work to be performed on said area,also described below,is subject to the jurisdiction of the Wetlands Protection Act G.L.a 131,§40. 2. The area is described as follows.(Use maps or plans if necessary,to provide a description and the location of the area subject to this request) The area of use is buffer zone to a salt marsh at 14 Buchanan Road. Present use of the property includes portions of a house and porch, lawn and gardens. See attached letters and figures for. detailed descriptions of the location and resource area. 3. The work in said area is described below.(Use additional paper,.if necessary,to describe the proposed work.) The applicant proposes to continue maintenance of a garden established in 1986 . No fertilizers are used and there is no indication of impacts to the marsh _. (see attached letters) . The gardens were established in 1986 following verbal approval by the 'Salem Conservation Commission. This request is filed in order to publicly address the concerns of a Salem resident that the garden area is in fact city property and therefore cannot be used _ _-by ..the- applicant.. ._. -- -- - t•t 10/16/87 (Effective 11/1/87) 310 CMR - 280.9 10.99: continued 4 The owners) f the area,if not Me person me"this request,has been given written notification of this j request on �4 October , 1988 (date) l The risme(s)and address(es)of the owners): Randall and Loretta Wieting 14 Buchanan Road Salem, MA 01970 5. 1 have Bled a complete copy of this request with the appropriate regional office of the Massachusetts Department of Environmental Quality Engineering on 14 October 1989 _(date) Metro Boston/Northeast Southeast 38 Commence Way Lakeville Hospital Woburn,MA 01801 Lakeville,MA 02346 Central Western 158 Grove Street State House West 4th Floor Worcester,MA 01605 436 Dwight Street i Springfield.MA 01103 6. 1 understand that notification of this request will be placed in a local newspaper at my expense in accor- dance with Section 10.05(3)(b)1 of the regulations try the Conservation Commission and that I will be billed accordin ly. Donald M. Kent , Ph.D. SignaturName Address Gulf of Maine Research Center Inc Tel 745-661 R 204 Lafayette Street Salem, MA 01938 1.2 10/16/87 (Effective 11/1/87) 310 CMR - :80.10 GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 27 CONGRESS STREET SALEM, MA 01970 (617) 745-6618 FAX(617) 741-8648 June 7, 1988 Philip Moran, Esquire - Chairman Salem Conservation Commission One Salem Green Salem, MA 01970 Dear Attorney Moran: The Salem Conservation Commission recently considered a Notice of Intent for construction of a house and driveway off Pierce Road, adjacent to the Forest River. During the hearing, a question was raised as to the effect on the salt marsh of a lawn within the buffer zone. The question of potential impacts to the marsh has now been expanded to include gardens as well as lawns. Loretta and Randall Wietin of 14 Buchanan Road maintain a lawn g 1 n and gardens within the buffer zone of the Forest River salt marsh. The lawn and gardens begin 35 feet from the salt marsh, and 100 feet from the river. At their request, I have considered the impacts of the lawn and gardens on the salt marsh. My conclusions pertain to the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c.131, Section 40) and are based on observations of the Wieting property and surrounding properties on May 31 , 1988 . GULF OF MAINE RESEARCH CENTER INC. According to the Massachusetts wetlands Regulations ( 310 CMR 10. 00 ) , salt marshes are significant to "protection of marine fisheries, wildlife habitat, where there are shellfish to protection of land containing shellfish, prevention of pollution and are likely to be significant to storm damage prevention and ground water supply" . As such, "any project in a salt marsh, or within 100 feet of a salt marsh, shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh" . Protection of Marine Fisheries and Land Containing Shellfish There is no evidence that the lawn and gardens affect the production of organic matter in the marsh. Organic matter is exported as detritus and dissolved organics to estuarine and coastal waters where it provides a basis for the food web supporting fisheries and shellfish. Alterations of the buffer zone could potentially affect surface runoff patterns, permitting increased flow of freshwater to the marsh surface. Such flow could result in the replacement of marsh vegetation with upland vegetation, thereby decreasing the production of organic matter. Although there was evidence of channeled surface water runoff in one of the gardens, the effects are presently mitigated by a 35 foot zone of herbaceous upland vegetation. The salt marsh also provides a potential spawning and nursery habitat for estuarine forage finfish. Possible impacts include increased turbidity due to erosion and decreased salinity due to increased upland runoff. Neither effect was observed or is likely to occur as long as the buffer zone remains vegetated. GULF OF MAINE RESEARCH CENTER INC. Protection of Wildlife Habitat The marsh provides food, shelter, breeding areas, and migratory and overwintering areas for wildlife species. Use of the buffer zone could potentially alter marsh vegetation through changes in drainage patterns, and could disturb feeding and/or nesting wildlife. As stated above, there is no evidence that current activities have affected marsh vegetation. It is more difficult to ascertain if activity in the buffer zone disturbs wildlife using the marsh. Belted kingfishers ( Ceryle alc on) , which nest and feed in the estuary are known to have a low tolerance of human disturbance near nest sites (Prose, B.L. , 1985 U.S. Fish Wildl. Serv. Biol Rep. 82: 10. 87 ) . However, there are no potential kingfisher nest sites near the Weiting property. Observations at the time of the visit indicated that kingfisher feeding is undisturbed by human activity in the buffer zone. Great blue heron (Ardea herodias) and snowy egrets (Egretta thula) also feed in the marsh. Short and Cooper ( 1986, U.S. Fish Wildl. Serv. Biol Rep. 82 : 10. 99) ) suggest that great blue herons require foraging areas approximately 328 feet from human activities. Snowy egrets can be assumed to have a similar requirement. The foraging area is only 130 feet from the nearest gardens so the potential for disturbance to feeding herons and egrets exists. However, infrequent use of the buffer zone area probably minimizes the impacts. Furthermore, given the proximity of houses in the area and the level of human activity, the herons and egrets are likely to be habituated to human activity, and therefore tolerant of buffer zone use. Other wildlife using the marsh are less susceptible to disturbance. GULF OF MAINE RESEARCH CENTER INC. Prevention of Pollution Salt marsh plants and substrate remove pollutants from surrounding waters. As there has not been a reduction in salt marsh plants or substrate, the lawn and gardens have not diminished the capacity of the marsh to prevent pollution. Nor has maintenance of the lawn and gardens introduced additional pollutants to the marsh as fertilizers, pesticides and herbicides are not used. Storm Damage Prevention Salt marsh cord grass and underlying peat are resistant to erosion and dissipate wave energy, thereby reducing storm damage. Again, as there has not been a reduction in the amount of cord grass and underlying peat, the capacity of the marsh to prevent storm damage has not been diminished. Groundwater Supply Peat serves as a barrier between fresh groundwater landward of the salt marsh and the ocean, thereby helping to maintain the level of such groundwater. Activities related to the lawn and gardens have not reduced the amount of existing peat, nor are they likely to slow peat production, therefore the groundwater supply is protected. Conclusion and Recommendations There is no evidence the Wieting' s lawn and gardens within the buffer zone are destroying any portion of the salt marsh or are having an adverse effect on the productivity of the salt marsh. GULF OF MAINE RESEARCH CENTER INC. • There is no indication that the marsh vegetation has been altered or that siltation of the marsh surface has occurred. Furthermore, there is no evidence that the minimal amount of human activity that occurs in the buffer zone disturbs wildlife. To ensure continued salt marsh productivity and protection of the salt marsh vegetation, channeled surface water runoff should be prevented. This could be accomplished by decreasing the unvegetated area in the gardens nearest the marsh, leveling the surface of the gardens so that channels do not develop, or establishing a 2-3 foot wide grass strip for diffusion of surface runoff downgradient of the gardens. Additionally, herbicides and pesticides should not be applied to the lawn or gardens. Organic fertilizers should only be applied during the time of year that the vegetation is incorporating plant nutrients. I have discussed these conclusions with the Wietings and they have initiated measures to prevent channeled surface water runoff. If I can be of further assistance, please feel free to contact me. Sincerely 1 Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/gg I GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204LAFAYETTE STREET August 30, 1988 SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 Salem Conservation Commission One Salem Green Salem, MA 01970 RE: Loretta and Randall wieting 14 Buchanan Road Dear Commissioners : This letter is intended to clarify my letter of June 7 , 1988 regarding potential impacts to the salt marsh from lawn and gardens at 14 Buchanan Road. Based on observations of the wieting property and surrounding properties on May 31 , 1988 , my conclusion was that "there is no evidence that the Wieting' s lawn and gardens within the buffer zone are destroying any portion of the salt marsh or are having an adverse effect on the productivity of the salt marsh" . Furthermore, I stated that "there is no indication that the marsh vegetation has been altered or that siltation of the marsh has occurred" , and that "there is no evidence. . .that human activity. . .disturbs wildlife" . I closed the aforementioned letter by suggesting precautions that could be implemented to insure that the salt marsh is not altered. This was not meant to imply that alterations would definitely occur if the precautions were not implemented. My suggestions were made in an effort to reduce a negligible chance of marsh alteration to a zero chance of alteration. The Wieting' s have chosen to establish a 2-3 foot wide grass strip downgradient of the gardens. This strip, in addition to the 35 foot zone of natural vegetation that exists between the gardens and the salt marsh, will prevent any surface water runoff from reaching the salt marsh. Therefore, the gardens and lawn will not alter the salt marsh. I apologize for any confusion that may have arisen. From a Wetlands Protection Act standpoint, there is no reason the gardens and lawn at 14 Buchanan Road cannot remain in place. If you have any questions, please feel free to contact me. Sincerely, Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/ag rK ��� GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 14 October, 1988 Walter Power - Chair Salem Planning Board One Salem Green Salem, MA 01970 Re: Pierce Road Dear Mr. Power and Board Members : Steven Salvo and Clayton Smith, Salem residents with interests on Pierce Road, have requested that the Salem Conservtion Commission require Randall and Loretta Wieting of 14 Buchanan Road to file a Request for Determination of Applicability for gardens within the buffer zone. However, the issue is not whether the gardens impact the adjoining marsh (see attached letters) , but whether the Wietings ' s can use what was once Pierce Road. Therefore, on behalf of the Wieting' s , I ask the Planning Board to aid in clarifying this matter. Please note that the Salem Board of Appeals Decision of 2 November, 1983 granted the Wieting' s a wetlands variance for construction of a porch. The porch actually extends onto what was Pierce Road, therefore the Board of Appeals had a "finding as fact" that Pierce Road does not exist. This position was upheld by the Salem Conservation Commission in 1988 when it denied Clayton Smith construction of a house and extended roadway on the lot adjacent to the Wieting' s . In 1986 , the Wieting' s planted gardens on what was once Pierce Road following the verbal approval of the Salem Conservation Commission. It is Mr. Salvo' s and Mr. Smith' s contention that the gardens are on city property. As such, they are strongly urging the Conservation Commission to order their removal. Whether the property belongs to the city or to the Wieting' s should be of no concern to the Conservation Commission, however, to facilitate the process I ask the Planning Board three questions : 1) Does Pierce Road exist, 2) If not, has that area become the property of the abutters , and 3) If it remains city property, can the Wieting' s retain their gardens until such time that the city requires the roadway? Thank you for your time and consideration. Please feel free to contact me should you have any questions . Sincerely, Donald M. Kent, Ph.D. 'a i . •` 1 P I a 1 i Palnu^r z`� I : ♦C r 5 i �•r� r .3 �° Co . Y �7 1 i I - c[ c -^Palmer V H[aHP - I`l ' :� rh. -JE wAq cel r E.�•1 .fC• I� W I s y I, !«\k �Forlp 4wr •.r .-a IyR, kerih6 P] I . N .'Pt �. 41 s epi % I e tit Angfi m' 'a6 \STA7f, (3011 Course '' \ �[ ((VVAl 4 6 HLANQ PARK � ¢'V / • `-F 4 i �Ji I c « _ ni 1XI .se a s� A. Site yAaoa i, moi: ON 1rt ` y �1Eo tn�a N f��� 0 3i `• �k'�yI r aweCSc � - ♦ I l �� o .�. e eAco sm�tJ.zJ h r d k s< � 60 J';' l JL I N FIGURE is SITE LOCATION SCALE: 1 - - 2100' Base Map: USGS Topographic Map k, O ' ` C C3 U ' l � ,Porch ' manhole ' buffer zone 0 ti edge of wetlands Forest River gardens u X n n -4 4 GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 27 CONGRESS STREET SALEM, MA 01970 (617) 745-6618 FAX (617) 741-8648 June 7, 1988 Philip Moran, Esquire - Chairman Salem Conservation Commission One Salem Green Salem, MA 01970 Dear Attorney Moran: The Salem Conservation Commission recently considered a Notice of Intent for construction of a house and driveway off Pierce Road, adjacent to the Forest River. During the hearing, a question was raised as to the effect on the salt marsh of a lawn within the buffer zone. The question of potential impacts to the marsh has now been expanded to include gardens as well as lawns. Loretta and Randall Wieting of 14 Buchanan Road maintain a lawn and gardens within the buffer zone of the Forest River salt marsh. The lawn and gardens begin 35 feet from the salt marsh, and 100 feet from the river. At their request, I have considered the impacts of the lawn and gardens on the salt marsh. My conclusions pertain to the interests identified in the Massachusetts Wetlands Protection Act (M.G.L. c. 131 , Section 40 ) and are based on observations of the Wieting property and surrounding properties on May 31, 1988 . GULF OF MAINE RESEARCH CENTER INC. According to the Massachusetts Wetlands Regulations ( 310 CMR 10 .00) , salt marshes are significant to "protection of marine fisheries, wildlife habitat, where there are shellfish to protection of land containing shellfish, prevention of pollution and are likely to be significant to storm damage prevention and ground water supply" . As such, "any project in a salt marsh, or within 100 feet of a salt marsh, shall not destroy any portion of the salt marsh and shall not have an adverse effect on the productivity of the salt marsh" . Protection of Marine Fisheries and Land Containing Shellfish There is no evidence that the lawn and gardens affect the production of organic matter in the marsh. Organic matter is exported as detritus and dissolved organics to estuarine and coastal waters where it provides a basis for the food web supporting fisheries and shellfish. Alterations of the buffer zone could potentially affect surface runoff patterns, permitting increased flow of freshwater to the marsh surface. Such flow could result in the replacement of marsh vegetation with upland vegetation, thereby decreasing the production of organic matter. Although there was evidence of channeled surface water runoff in one of the gardens, the effects are presently mitigated by a 35 foot zone of herbaceous upland vegetation. The salt marsh also provides a potential spawning and nursery habitat for estuarine forage finfish. Possible impacts include increased turbidity due to erosion and decreased salinity due to increased upland runoff. Neither effect was observed or is likely to occur as long as the buffer zone remains vegetated. GULF OF MAINE RESEARCH CENTER INC. Protection of Wildlife Habitat The marsh provides food, shelter, breeding areas, and migratory and overwintering areas for wildlife species. Use of the buffer zone could potentially alter marsh vegetation through changes in drainage patterns, and could disturb feeding and/or nesting wildlife. As stated above, there is no evidence that current activities have affected marsh vegetation. It is more difficult to ascertain if activity in the buffer zone disturbs wildlife using the marsh. Belted kingfishers (Ceryle alcyon) , which nest and feed in the estuary are known to have a low tolerance of human disturbance near nest sites (Prose , B.L. , 1985 U.S. Fish Wildl. Serv. Biol Rep. 82: 10 . 87) . However, there are no potential kingfisher nest sites near the Weiting property. Observations at the time of the visit indicated that kingfisher feeding is undisturbed by human activity in the buffer zone. Great blue heron (Ardea herodias) and snowy egrets (Egretta thula) also feed in the marsh. Short and Cooper ( 1986 , U.S. Fish Wildl. Serv. Biol Rep. 82: 10. 99) ) suggest that great blue herons require foraging areas approximately 328 feet from human activities. Snowy egrets can be assumed to have a similar requirement. The foraging area is only 130 feet from the nearest gardens so the potential for disturbance to feeding herons and egrets exists. However, infrequent use of the buffer zone area probably minimizes the impacts. Furthermore, given the proximity of houses in the area and the level of human activity, the herons and egrets are likely to be habituated to human activity, and therefore tolerant of buffer zone use. Other wildlife using the marsh are less susceptible to disturbance. GULF OF MAINE RESEARCH CENTER INC. Prevention of Pollution Salt marsh plants and substrate remove pollutants from surrounding waters. As there has not been a reduction in salt marsh plants or substrate, the lawn and gardens have not diminished the capacity of the marsh to prevent pollution. Nor has maintenance of the lawn and gardens introduced additional pollutants to the marsh as fertilizers, pesticides and herbicides are not used. Storm Damage Prevention Salt marsh cord grass and underlying peat are resistant to erosion and dissipate wave energy, thereby reducing storm damage. Again, as there has not been a reduction in the amount of cord grass and underlying peat, the capacity of the marsh to prevent storm damage has not been diminished. Groundwater Supply PP Y Peat serves as a barrier between fresh groundwater landward of the salt marsh and the ocean, thereby helping to maintain the level of such groundwater. Activities related to the lawn and gardens have not reduced the amount of existing peat, nor are they likely to slow peat production, therefore the groundwater supply is protected. Conclusion and Recommendations There is no evidence the Wieting' s lawn and gardens within the buffer zone are destroying any portion of the salt marsh or are having an adverse effect on the productivity of the salt marsh. ` GULF OF MAINE RESEARCH CENTER INC. There is no indication that the marsh vegetation has been altered or that siltation of the marsh surface has occurred. Furthermore, there is no evidence that the minimal amount of human activity that occurs in the buffer zone disturbs wildlife. To ensure continued salt marsh productivity and protection of the salt marsh vegetation, channeled surface water runoff should be prevented. This could be accomplished by decreasing the unvegetated area in the gardens nearest the marsh, leveling the surface of the gardens so that channels do not develop, or establishing a 2-3 foot wide grass strip for diffusion of surface runoff downgradient of the gardens. Additionally, herbicides and pesticides should not be applied to the lawn or gardens. Organic fertilizers should only be applied during the time of year that the vegetation is incorporating plant nutrients. I have discussed these conclusions with the Wietings and they have initiated measures to prevent channeled surface water runoff . If I can be of further assistance, please feel free to contact me. Sincerely GIL— Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/gg - jjo _ Mr. & Mrs. Randall G. Wieting 14 Buchanan Road Salem, MA 01970 744-9035 July 29th 1988 Beth Debski conservation Administrator Conservation Commission One Salem Green Salem, MA 01970 Dear MS Debski: This letter is in response to your commission's letter dated June 13th. That letter requested that we remove all unnatural materials in the area of our garden referred to as Pierce Road, and allow the area to return to its natural state. The letter mentions the report by Donald Kent of Gulf of Maine Research which was presented at the June 9th meeting. This letter was presented under the Old Business section of that June 9th meeting, in reponse to a request by the commission directly to Randall and myself on May 26th. The report does state that the garden as it is now has no adverse effect on the salt marsh. Neither Randall nor myself were notified that the Conservation Commission was doing anything more than having an informal discussion about the Gulf of Maine report on June 13th. We suffered a personal tragedy in early June. The garden was not formost in our thoughts. Therefore I have been slow to respond to your letter. Please accept my apologies. I do feel however, that it is only right that we have a chance to discuss this matter before the Conservation Commission at the next meeting in September. There are statements in you letter which are not correct. We do not have coffee bean shells or steel edging in our garden. There are also other facts which we feel should be considered before any decision is made. �. !Ilt July 29th 1988 page two. . . . We understand that before a vote is taken concerning any property that all abutters be given two weeks notice to appear at that meeting, and state their case. We are requesting a chance to be heard. Please send a copy of this letter to Mr. Philip Moran the commission's chairman, requesting his opinion concerning this letter. I await your reponse, and once again apologize for the fact that I took so long to answer your own letter. Sincerely Loretta Wieting f rK GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET August 30 , 1988 SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 Salem Conservation Commission RECEIVED One Salem Green Salem, MA 01970 AUG 31 1988 RE: Loretta and Randall Wieting 14 Buchanan Road SALEM PUNNING DEPT. Dear Commissioners: This letter is intended to clarify my letter of June 7 , 1988 regarding potential impacts to the salt marsh from lawn and gardens at 14 Buchanan Road. Based on observations of the Wieting property and surrounding properties on May 31, 1988, my conclusion was that "there is no evidence that the Wieting' s lawn and gardens within the buffer zone are destroying any portion of the salt marsh or are having an adverse effect on the productivity of the salt marsh" . Furthermore, I stated that "there is no indication that the marsh vegetation has been altered or that siltation of the marsh has occurred" , and that "there is no evidence. . .that human activity. . .disturbs wildlife" . I closed the aforementioned letter by suggesting precautions that could be implemented to insure that the salt marsh is not altered. This was not meant to imply that alterations would . definitely occur if the precautions were not implemented. My suggestions were made in an effort to reduce a negligible chance of marsh alteration to a zero chance of alteration. The Wieting' s have chosen to establish a 2-3 foot wide grass strip downgradient of the gardens. This strip, in addition to the 35 foot zone of natural vegetation that exists between the gardens and the salt marsh, will prevent any surface water runoff from reaching the salt marsh. Therefore, the gardens and lawn will not alter the salt marsh. I apologize for any confusion that may have arisen. From a Wetlands Protection Act standpoint, there is no reason the gardens and lawn at 14 Buchanan Road cannot remain in place. If you have any questions, please feel free to contact me. Sincereplly, Donald M. Kent, Ph.D. Senior Environmental Scientist DMK/gg