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284 CANAL STREET,KIMBALL ROAD - #64-180 CON COMM d�yC'��s{. Q�JayiV �.di - --_ 1 �'� _ ,��. O , • i t , . I R T ' '4 / "•b' "ce a p y ° d \d a 040 o SAN OC T s T&M Engineering7-11 09eL/A(IA4RY "mom 's Associates,inc. S/T� DE(/�CO,o el-Ir P4AA1 e � c 03 Plne siteNA4(45.54Cvy41S-&TTsPesbody.MA.01900 698-794! _ ;VR. .. __.. .. �P•siF L+��� C C Ori C�s�M Salem. Massachusetts 01970 TO: Conservation Commission Members FROM: Kathy Winn, Conservation Administrate RE: Enforcement Order - Paul LeBlanc, John Bertini A discussion of possible violations to the Wetlands Protection Act at the site of Pumel Construction will be continued at this week's meeting. Members conducted a visit to the site on April 1, 1989. During the visit, members also heard residents complaints regarding the condition of a drainage pipe installed on Kimball Road in connection with the proposed Loring Plaza development. Attached for your information are copies of Orders of Conditions issued by the Conservation Commission and by the Planning Board in connection with the pipe installation. Mr. LeBlanc and Mr. Bertini will be present and area residents are expected to attend. Attachments M48 WP 'x•11 � ',.n � h �)- .1 { _ � ♦ Y . wNf+ +�.��,"''gym".s•�`r..�J.i'3�r.. .� �.� -.• "; 1 .... -i _ �._ � r� �a-"ZR ^.�'. � c ,- all y .R -r y, ._ ^1-- �-9t`- � ,,...�� .... _. ' . � � �r`�r`:Tv`'Yr• •�,ac�,c�„;,,. - �- ' t � LtSr " \ r. �_ a� ty - ,� _ [�fJ ' •y,yj{r ..'� c =.:.; . `t 'J .. L f �.%�ff 9 AAAAAA t t r�,'-l-.d i r.r, 1 , y �S,� s i . L _ e"' {� HBe.. ?� w:: � f�� _� � R _. -, � rn 12_80932271. _ _ v0L-A R_0_1 DO , — s..;,;_, r @; �. L � � r�'��,le� .,� a 'tc r q 7,p {� � t. 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C"V W Fia WZ S Svo 54Lr I XS',laaR c,AT�, ' /+,Iri /n/ GRurlluby SA/o/� s •� o � o <a. q �j / 6, R W PEI IF-TItvI�, '7 K/M 13 ALL (ZD S4'-'q n SSP 7z) T LANA A /?ZA o Lo/3s7'ai2- TRA 0�S O� 49Co ✓cK�j �o�2�nS SJoReD�dN U/C.Irl A18 �� lel 2 zonr�� ".z� ^/ 2 R4: (J, ! -/A//34e-k or- 8zby 51,Le�n, /'>oue, %NA Al /4 1 o v � o- I. - J \ lner VOW _ altw L _ ,�_ n m r.� c.n F� 4 � �d :� J n� I l T Form 5 DEQE File No. 64-15 � (To be Proviaea by DECIE) „i Commonwealth City/To" Salem of Massachusetts Aoolicant John Bertini Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From Salem Conservation Commission To John and Frank Bertini Placido Bertini (Name of Applicant) (Name of property owner) Address 284 Canal Street Address 284 Canal Street This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) IX by certified mail,return receipt requested on (date) This project is located at Canal 4rrear and Kimball RnaA The property is recorded at the Registry of Essex Book 3955 Pa9e 530 Certificate(if registered) The Notice of Intent for this project was filed on March 9, 1988 (date) The public hearing was closed on larch 24, 1988 (date) Findings The Conservation Commission has reviewed the above•referencedNotice of Intent and plans and has held a public hearing on the project. Based on the information available to the Commission at this time,the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): ❑ Public water supply ® Flood control ❑ Land containing shellfish ❑ Private water supply I Storm damage prevention ❑ Fisheries ❑ Ground water supply Prevention of pollution ❑ Protection of wildlife habitat 5.1 Effective 11/1/87 Therefore, the Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas- ures,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 necessity of complying with all other applicable federal,state or local statutes.ordinances, by-laws or regulations. 4. The work authorized hereunder shad be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act:or (b) the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill,containing no trash,refuse, rubbish or de- bris. including but not limited to lumber,bricks,plaster,wire,lath, paper,cardboard, pipe, tires, ashes. refrigerators,motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done.In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the Commission on the form at the end of this Order prior to Commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words, "Massachusetts Department of Environmental Quality Engineering, Fie Number 64-15 10.Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 1 1. 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. 12.The work shall conform to the following plans and special conditions: 5-2 f Plans: Title Dated Signea and Stamped by: On File with: Existing Conditions 10/13/87 Earl Townsend - T&M Engineering Conservation General Site Development plan n n n n Composit Site Plan Details and Profiles Special Conditions(Use additional paper it necessary) 1. All work shall conform to Appendix A ' Design Data for Storm Drainage Systems' and Appendix, 'Soil Eroision and Sedimentation Control Program' 2. [fork shall conform to the above referenced plans. 3. Those bank areas requiring alteration will be regraded at a maximum slope of 11�:1, loaned and seeded. 4. The applicant, his successors or assigns, shall be responsible for the maintenance of all catch basins at least twice annually. 5. Gas and oil seperators shall be installedin all catch basins. 6. The use of salt (NaCl) as a deicing agent on the proposed parking facility shall be prohibited. J7. All work shall be performed with minimum impact on present vegetation and trees and the existing walking path shall be restored if disturbed during construction. 8. Erosion control barrier shall be established in accordance with "Erosion and Sedimentation Control Guidelines", publication 1113, 529-39-1000-84-C.R. . , dated August 1983, or approved by the Conservation Commission or its designated agent. ....................................................................................................................................................................................... (Leave Soace Blank) 5.3A Plans: Title Dated Signed and Stamped by: On File with: Special Conditions(use additional paper it necessary) ................................................................................................... ................................................................................. (Leave Soace Blank) 5.3B I i r ., Issued By Salem Conservation Commission Signaturejs o l This Order must be signed by a majority of the Conservation Commission. On this day of 19 88 , 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 the same as his/her free act and deed. 11 �n i�i�n �iA, . _ �v� Notary Pudic My commission expires to The apblicant.the owner.any person aggrieved by this Order.any owner of land abutting the laid utx7n which the proposed work is e "done orany ten micents at the Ctty or town n which such mind IS located are hereby notified of their right to faquesi the QepaftinMt of Environmental n!!ality Engmeermg to issue a superseding Order.providing the request m mad@ by certified mad or hand delWary to Ks otipm-zT�smi iwftn ten days tram the data Of feeuarnce of this Order.A Copy of pro requ@st shall at the same time be sent by Carolled mad or rano delivery to the Conswvaow commission and the applicant. Detach on dotted line and submh to the prkw to commencement of wore. Issuing Authonty To Please be advised that the Order at conditions for the protect at File Number has been recorded at the Registry of and has been noted in the chain of title at the affected property in accordance with Oenerel Condition 8 on • 19— if recorded land. the instrument number which identifies this transaction is If registered two.the document number which identifies this transaction is Applicant Signature 5.4A Issuea by the Department of Environmental Quality Engineering. Signature On this day of 19 . 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 the same as his/her free act and deed. Notary Public My commission expires The ap iocant.me owner.any person aggrieved by this Superseding Order.any owner of land abutting Me land upon which me pro- Posed wont u to be done or any ten persons pursuant to G.L c.30A.§1 GA,are hereby notified of their right to request an adiudicatory hearing pursuant to G.L 30A.§10.providing the request is made by certified meal or hard delivery to the Deoement within ten days from the date of issuance of the Supteaedfng Order.and is addressed to: packer Clerk,Office of General Counsel.Department of Environmental Quality Engineering,One Winter Street.Boston.MA 02108.A copy of the request shall at the awns time be sent by certified mad or hard delivery to the Conasrvation Commlasnm,the a0l3kcant,and any other parry. A Notice of Claim for an Adjudicatory Rearing shell comply with the Depemnent s Rules far Adjudicatory Proceedings.310 CMR 1.01(8).and Shea Contain the following information: (a) the DERE Wetlands File Number.name of the applicant and address of the protect; (b) the complete name.address and telephone number of the party filing the request,and,it represented by counsel.the name and address of the attorney: (c) the names and addresses of as other date".It(mown; (d) a clear and concise statement Of(l l the facts which aro grounds for the proeeedng,(2)the objections to this Superseding Order. including apxMkatly the manner in which it is alleged to be inconsistent with the GeparenenCs Wetlands Reguiations 1310 CMR 10.00)and does not contrsdte to the protection of the interests identified in the Act.and(3)the relief sought through the.ediu- dicatony hearing.including specifically the Changes dewed in the Superseding Orden (e) a statement that a copy of the request has been sent to the applicant.the conservation commission and each other parry or reo• resentative of such perry,if known. Failure to submit all necessary information may result in a dismrssal by the Depersnent of the Notice of Claim for an Adjudicatory Nearing. Gerlach on dotted line and submit to the prior to Commencement of wars. To Issuing Authority Please be arrvised that the Order of Conditions for the argact at File Number has been recorded at the Registry of and has been noted in the chain of title of the affected property in accordance with General Condition B on . 19_ It recorded land. the instrument number which identifies this transaction is If registered land.the document number which identifies this transaction is Signature Applicant 5-48 RVT A Office: 7454054 Residence: 7741616 PAUL M. LeBLANC Owner P. O. BOX 985 e SALEM, MR 01970 Boddhoe and Dozer Services Water and Sewers Installed Truddng — Loom, Stone, Mulch, Fill &Grovel Bobcat — Loading, Excavating w Bockhoeing Rspholt PQving — Driveways & Parking Lots Snow — Plowing, Removal & Sanding X' PUMEt ENTERPRISES z T Ctu 11{ ~�Il`IIIt C�1tI557C{ilIS£��5 . �� ��llzttttittg '�nartl (ane #alrm T)rren Decision Special Permit m cNrI Wetlands and Flood Hazard District Frank and John Bertini fV 284 Canal Street m Salem, MA 01970 Re: Kimball Road m ;n CD On Thursday, April 7, 1988, the Planning Board of the City of Salem held a public hearing regarding the application of Frank and John Bertini for a Special Permit under Section P, Wetlands and Flood Hazard Districts of the Salem Zoning Ordinance, with respect to a proposal to install new storm drainage on Kimball Road, located in a wetland buffer zone. At a regularly scheduled meeting of the Planning Board held on April 21, 1988, the Board voted by a vote of five in favor, none opposed, to approve the application as complying with the requirements for the issuance of the permit with the following conditions: 1. Conformance with Plan Work shall conform to plan entitled, "General Site Development Plan, Loring Plaza Mall", dated October 13, 1987, revised March 10, 1988. Z. Conservation Commission Work shall comply with all requirements of Order of Conditions issued by the Salem Conservation Commission on April 14, 1988. 3. Test Borings Results of test borings shall be submitted to the City Planner for his review and approval. If the developer comes across a soft area, it must be stabilized and approved by the City Engineer. J4. Tree Removal All tress to be removed shall be reviewed and approved by the City Planner. 5. Construction Practices All construction shall be carried out in accordance with the following conditions: a. No work shall commence before 7:00 a.m. on weekdays and 8:00 a.m. on Saturdays. No work shall continue beyond 5:00 p.m. There shall be no work conducted on Sundays or holidays. b. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of construction. 5. Violations Any violations of these conditions shall result in revocation of this permit by the Planning Board. This Special Permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. , C't tJt 2 Walter B. Power, III i Chairman M36WP i H L• n eitp of 6alem, Angaebugetto Office of the pCitp Council t1 ro 4 : m„B � UP JoaU :r n + ,a WARD COUNCILLORS +, VINCENT J. FURFARO �b COUNCILLORS-AT-LARGE PRESIDENT II ' 1989 ` `' GEORGE A4NOWAK JOSEPHINE R. FUSCO M;,• DONALD T.BATES �; .• ,KEVIN RI NARVEY 1. FRANCESJ.GRACE CITY CLERK r. VINCENT) FURARO "a r: NEIL J.HARRINGTON .3 LEONARD k O'LEARY� 0',�. GEORGE P.McCABE r +.- ,MEAN-GUY J.MARYINEAU •i;° :..,�;; • 'i'.: SARAN M.NAPES MARK E BIAIR' " •. April 13, 1989 T _ t"-':. ,'•. Mr. Philip Moran, Chairman Conservation Commission " ` City of . Salem Salem, Ma. 01970 I Dear Chairman Moran: pn ,� ' I will be unable to attend ther;A;Ir "1r3let �rt7� '4 K y y N I6z k + . s Y M the Conservation Commission because gf �C uLLc r B A conflict. p't 4^'Crrll tl'E � r i I �a:,erR;S^�i`x�'? 1➢�w f w r; A " s, I My particular concern is about the w8,tl a �da rthe rear of 284 Canal Street. " ° r ME rY% l�: k I have been notified that Pumel Constrpct7o> ICgm aLye'hTasr filled the pond without submitting a Notiq$e$I,q£ ii� enitM } p understanding is that a permit 'is x'equireeft�' � I+awet� , land and that a permit was not obtainedi@ properly altered, I would ho e' that 4t 0a IC qn s orders a restoration' of the pond' and oo�dxtion�ka erfiCet for' 'the }{' I pond' s protection in the future. I would also like to know if the e,cen age pipe in this area will have replanted ree8�a d i�eage a ion about it this spring season. A^Notices'?oft March 9 1988 for this project. } ). tI � * . a„n�yy " , P � � I 7t �� Yrtl e�Vq+: a XPi ;.+q -�WI 'J Finally, I request that my' above ea�pp�cernsEb $t � t th , 2 minutes of the meeting :this Thursday,, ' r, ,} 131. 19'89;8 eryf�trukY''Yours,� f«�" IlX.y t,. t 1":h+ 'h .R I�i��kY+ '+"�",i��,: ' ♦Pr: ,. ti��' �(/�//�A. � + IffP i 'l� +�,�pyiy�aa q{T'•��" 3, y�xW+ RK E 'SLAIR d °H 71M fxj y COUNCIL.LO_R WARL)» SEVEN ' k + ' w xMJI a i s :•'u� • ., • L.. �Pr�� 4'�t�4N" 'el'.+I'i"1 �7 J^ �J' ,�!A;��.���y, I 44 r fi DEPARTMENT OF THE ARMY NEW ENGLAND DIVISION. CORPS OF ENGINEERS 1 424 TRA PELO ROAD WALTHAM. MASSACHUSETTS 02254 �'- REPLY TO ATTENTION OF: April 17, 1989 Regulatory Branch CENED-OD-R-34 John A. Bertini 284 Canal Street Salem, MA 01970 Dear Mr. Bertini: This letter is to inform you that a recent Army Corps of Engineers inspection has revealed that you have placed unauthorized fill material in the wetland area behind Bertini "s Restaurant, bounded by Canal Street and Adams Street in Salem, Massachusetts . This includes the fenced-in parking area for trucks and construction equipment behind Bertini " s .Restaurant, which the Corps of Engineers has determined to be a filled-in wetland , as well as the entire adjacent area of wooded swamp land, where ongoing filling of the wetland has been documented by the Corps . This letter is to explain Corps jurisdiction over such filling, to direct you not to do any further unpermitted filling in areas under Corps jurisdiction, and to request information from you about the fill material which has been placed in the wetland. Let me briefly explain Corps jurisdiction . A Corps of Engineers permit is required under. Section 404 of the Clean Water Act ( 33 U. S.C. 1344) for those activities involving the discharge of dredged or fill material in all waters of the United States , including not only navigable waters of the United States , but also inland rivers, lakes and streams , and their adjacent wetlands. In interior waters, our jurisdiction under the Clean Water Act extends landward to the ordinary high water mark of a waterbody or the landward limit of any wetlands . Since we have no record of a Corps permit to perform the work in wetlands behind Bertini's Restaurent in Salem, you should not perform any further filling in areas under Corps jurisdiction. Violations of the Clean Water Act (33 U. S.C. 1251 , et. Seq . ) are punishable by civil and criminal fines of violation. up to $25, 000 per day Federal regulations require that we investigate any unauthorized work . To assist us in this , please provide the following information. 1 . Why did the work commence without the necessary Corps permit? 2. Please furnish us copies of any local, state or federal r r, permits which you have received regarding wetlands fill at the work site behind Bertini 's Restaurant in Salem. 3 . On what date did the unauthorized placement of fill commence (be specific)? 4 . What percentage of the project is now complete? 5 . What is the volume of fill placed (Cubic Yards) ? What is the area of fill placed (Square Feet) ? 6 . What is the reason for this placement of fill material in the wetland area? 7 . Who actually placed the fill in the wetland areas? 8 . Please provide drawings , to scale , which show the wetlands at the site as they existed prior to filling and construction and how they now exist . 9 . At any time during the planning of this project, were you aware of Corps jurisdiction? At any time during the construction phase of this project, were you aware of Corps jurisdiction? By copy of this letter, we are informing the Environmental Protection Agency of this case and are soliciting their views and recommendations on its appropriate disposition . Please respond within fifteen days . Failure to respond within fifteen days may result in legal action . If you have any questions , please contact Mr . Roberts of my enforcement staff at 617-647-8575 . Mi Sincerely, Steven W. Congdon Chief, Enforcement Unit Regulatory Branch Operations Division Copies Furnished : Environmental Protection Agency Attn: Doug Thompson WQE-1900 JFK Federal Building Boston, Massachusetts 02203 U . S. Fish & Wildlife Service Attn: Joe McKeon 22 Bridge Street Ralph Pill Marketplace, 4th Floor Concord, New Hampshire 03301-4901 National Marine Fisheries Service Attn: Chris Mhntzaris 2 State Fish Pier Gloucester, Massachusetts 01930-3097 Massachusetts DEQE Metro Boston/Northeastern Regional Office Attn: Mr. Ralph Kardon 5 Commonwealth Avenue Woburn, Massachusetts 01801 \; Massachusetts Coastal Zone Management 100 Cambridge Street Boston , MA 02108 Mr. and Mrs . Leo Pelletier 7 and 1/2 Adams Street Salem, MA 01970 Cathy Winn Salem Conservation Commission 1 Salem Green Salem, MA 01970 Mix v g r+ *-i A w A t i i f x H' a :,3 �• �Cy� 1 'Yai:y+�Fs�-'# .•fib t +F �. _ �� , u r�is ;ref� •'tom. � e id ,} • �'� � �+ P��-� �°� '"'K�� �� �l gra ^ '�.- (� pt' '"���� 3- ei �. �t9 ��`+''•�•iyl�s� ' Mt .. \ ,. � �.:� 'H "..ftY� Fs,.�> .•' syv+-. c r � ��by-...�ws ..tom f 1 ^G -.. ;;, 4„�L��ks,.x z.��T��.<�„"��c•C.rt �+" �..+� ,"�j+.. r.Y< 'a w'"....s 5�"`sd=:i~�3 e.`'"°'.�<..�'-s'^� _ '' i••.w � f+ -���. xa�i�+1t - .�cIoN r4i,J, 'z Conservation Commission F•,� �� " Salem. Massachusetts 01970 s,ct* April 19, 1989 William Munroe Inspector of Buildings One Salem Green Salem, MA 01970 Dear Mr. Munroe: The Salem Conservation Commission is in the process of investigating possible violations to the Wetlands Protection Act at the site of Pumel Construction, 284 Canal Street Rear. During the course of this inquiry, it has come to our attention that portions of this operation may be located in a Residential Conservation Zone. To assist us in our investigation, the Conservation Commission requests that the Building Department issue a written determination which indicates how the Pumel Construction site is presently zoned and advise the Commission as to whether this operation is an allowable use. Since this item is on our next agenda, we request that, if possible, this information be made available to the Commission before our next scheduled meeting on Thursday, April 2a, 1989. Thank you for your help in this matter. If you have any questions, please do not hesitate to contact me or Kathleen Winn, Conservation Administrator. Sincerely, Philip D. Mor / Chairman M48 %ON Cpt��' BUILDING DEPT z Conservation Commission Salem. Massachusetts 01970 Arft 20 10 44 AM '83 RECEIVED CITY OF SALEM,MASS. April 19, 1989 William Munroe Inspector of Buildings One Salem Green Salem, MA 01970 Dear Mr. Munroe: The Salem Conservation Commission is in the process of investigating possible violations to the Wetlands Protection Act at the site of Pumel Construction, 284 Canal Street Rear. During the course of this inquiry, it has come to our attention that portions of this operation may be located in a Residential Conservation Zone. To assist us in our investigation, the Conservation Commission requests that the Building Department issue a written determination which indicates how the Pumel Construction site is presently zoned and advise the Commission as to whether this operation is an allowable use. Since this item is on our next agenda, we request that, if possible, this information be made available to the Commission before our next scheduled meeting on Thursday, April 27, 1989. Thank you for your help in this matter. If you have any questions, please do not hesitate to contact me or Kathleen Winn, Conservation Administrator. Sincerely, Philip Moran / Chairman M48 WN c Conservation Commission r. Salem. Massachusetts 01970 <'VASS..�tc April 19, 1989 William Munroe Inspector of Buildings One Salem Green Salem, MA 01970 Dear Mr. Munroe: The Salem Conservation Commission is in the process of investigating possible violations to the Wetlands Protection Act at the site of Pumel Construction, 284 Canal Street Rear. During the course of this inquiry, it has come to our attention that portions of this operation may be located in a Residential Conservation Zone. To assist us in our investigation, the Conservation Commission requests that the Building Department issue a written determination which indicates how the Pumel Construction site is presently zoned and advise the Commission as to whether this operation is an allowable use. Since this item is on our next agenda, we request that, if possible, this information be made available to the Commission before our next scheduled meeting on Thursday, April 22, 1989. Thank you for your help in this matter. If you have any questions, please do not hesitate to contact me or Kathleen Winn, Conservation Administrator. Sincerely, Philip Moran / Chairman M48 COP of Oaiem, ;fflaggacbugettg +, r� j9ublic jropertp Mepartment jouilbing mepartment (Otte 9palem Oreen 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer April 25, 1989 Philip D. Moran, Chairman Conservation Commission City of Salem RE: 284 Canal Street Rear Dear Mr. Moran: As requested in your letter of April 19, 1989 this Department has researched the property located at 284 Canal Street Rear, with the following findings: 1 . The property has had several zoning designations over the years, Industrial, B-1 (Neighborhood Business) and its current B-2 (Highway Business) . In each case the area has remained pretty much the same, approximately three hundred (300) feet in from the center line of Canal Street. 2. Under the current B-2 zoning a trucking business such as Pumel Construction would not be a use permitted by right. However, due to the zoning changes it would be important for this depart- ment to know when this use, a trucking company, was first es- tablished at the site. This use is a permitted use in an Industrial zone and perhaps the use could be so called "Grand- fathered". There is no one presently with my office that can recall when this use first started at the site and I would expect that the burden of proof for a starting date would fall on the property owner. Once I have that information I will be better able to answer whether it is a permitted use of not. As I indicated above,the zoning line on the attached flood insurance rate map is approximate. As this department does not survey private property, if an exact line location is required,l would suggest you make a request to the City Engineering Department for assistance as permitted under the City Zoning Ordinance. Please advise if I can be of further assistance. Sincerely, William H. Munroe WHM:bms Zoning Enforcement Officer Enclosures (3) _ $_ Councillor Perron amended to delete #21 in its entirety and insert the following new item #21. No. 21 - Ward 7 -- In an existing I (Industrial) District starting on the centerline of Jefferson Avenue on the overpass crossing the Boston and Maine Railroad Main Line tracks extend line in a southwesterly direction along the cneterline of Jefferson ( Avenue to a point 700 feet beyond the starting poin. An area 7140 feet from the center- line of Jefferson Avenue in a northeasterly direction, now in the I (Industrial) District shall be changed to a B-1 (Neighborhood Business) District. No 21 as amended was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. No. 22 - Ward 7 - Beginning at a point on the northerly line of Vinfiin Street 163.43 northeast of an established Essex County Stone Bound, thence extending in an easterly I along the northerly side of Vinnin Street 723.62 feet, thence turning and extending in a northwesterly direction 100 feet, thence turning in a southwesterly direction and extending 478.21 feet, thence turning in a northwesterly direction.and extending 130.05 feet, thence turning in a southerly direction and extending 164.94 feet to the starting point on Vinnin Street. The existing R-1 (One Family Residential District shall be changed to a B-2 (Highway Business) District. Councillor Perron moved that No. 22 be deleted in its entirety. Councillor Butler, acting as temporary Chairman for President Perron declared No. 22 defeated by a roll call vote of 10 yeas, 0 nays and 1 absent- No. 23 - Ward 7 - Starting at a point on the centerline of Lafayotte Street at the cneterline of Lafayette Street at the centerline of the Forest River Bridge, thence extending along the centerline of Lafayette Street in a southeasterly direction approxi- mately 175 feet to the Salem Marblehead boundary line, thence turning in a general northeasterly direction and extending along the shoreline of upper Salem Harbor, thence turning and extending in a general western direction along the shoreline approximately 215 feet to the centerline of the Forest River inlet, thence turning in a general southern direction and extending along the centerline of the Forest River inlet approxi- , 1i mately 335 feet to the centerline of Lafayette Street, the starting point. The exist- ing R-3 (Multiple Family-Residential) District so bounded shall be changed to a R-1 (One Family Residential) District. No. 23 was adopted by a roll call vote of 9 yeas, 1 nay and 1 absent. No.-._24= Waid 7 - Starting t at-apoint- on-the-centerline'of"Canal-Stree -at-the-inter -. section of Loring Avenue extend-.a line northwesterly along the cneterline of Canal Street approximately 1000 feet to the centerline of the Boston & Maine Railroad spur track; ; thence turning and extending along the spur track-Iin'a northwesterly direction to.a i Point 300 feet perpendicular from the-centerline of Canal Straet; thence turning and extending in a southerly direction a line that is 300 feet from and parallel'.to the"_z centerline of Canal Street; :thence extending this line-approsimately-1400 feet�to'the centerline-of Jefferson Avenue; thence•turniag in an easterly direction anCextending a line along the centerline of Jefferson Avenue approximately 400 feet.,to the inter-;, section of the centerlines of Canal Street and Loring Avenue. The existing B-1 (Neighborhood Business)- District sball be changed .to's B-2 (Highway.Business) District., Pk-, No. '.24_was_adopted.by-a-roll.call-vote of 9 yeas, l nay and. l.absent {� No. 25 - Ward 7 - Starting at a point at the intersection of the centerlines of Paradise Avenue and Stats Road extend a line along the centerline of State Road extend a line along the centerline of State Road approximately 600 feet in a southeasterly direction to the centerline of Vinnin Street; thence turaing' in an easterly direction and extend- ing along Vinnin Street approximately 400 feet; thence turning in a northwesterly direct- ion and extending along the lot line approximately 500 feet to the centerline of Paradise Avenue; thence turning and extending in a northwesterly direction approximately 35o feet along the centerline of Paradise Avenue to the centerline of Paradise Avenue to the centerline of State Road, the starting point. The existing B-1 (Neighborhood Business) District shall be changed to a B-2 (Highway Business) District. Councillor Perron moved that No. 25 be deleted. Acting President Butler declared that the motion to delete No. 25 defeated by a roll call vote of 6 yeas, 4 nays and 1 absent. BOCK NO. 3-A CITY OF SALEM AMENDMENTS TO 1965 ZONING ORDINANCE (Book No. 3) 1969 - 1983 ASeptember 2, 1969- - = 689 MAJOR REWSICNS TO ZCNhiG ORDLNANCE.. . (A new 1965 Map including the 1969/ revisions was made, as the previous r 1965 map was found to be 'inaccurate` in scaling.) - "-` r - * August 1, 1972 - 709-B - CENTRAL DEVELOPMENT DISTRICT B-5 May 28, 1974 - 414 - REPEAL OF SECTION ON SWIMMING POOLS July 18, 1974 - 419 - RESIDENTIAL DENSITY REGULATIONS R-2 and R-3 DISTRICTS * December 3, 1974 - 903 - ZCNING MAP CHANCE - WARD 7 - FROM R-1 AND R-C TO R-3 DISTRICTS January 3, 1975 - 690 - DENSITY REGULATIONS - R-3 DISTRICTS, EXGTADING HOUSING FOR ELDERLY (1974) February 3, 1975 - . 765 - DENSITY REGULATIONS - MAXIMUM HEIGHT OF BUILDINGS, EXCLUDING HOUSING FOR ELIERLY (1974) October 29, 1975 - 852 - CONTROLLED GROWTH ORDINANCE June 1, 1976 - 163 - SWIMMING POOL ORDINANCE * September 15, 1976 - 611 - DERBY STREET CHANCE - FROM B-4 DISTRICT TO B-5 • November 9, 1976 - 733 - NORTHER STREET CHANCE - 733 - FROM I DISTRICT TO R-2 DISTRICT March 14, 1977 - 153 - WETLAND AND FLOOD HAZARD DISTRICTS May 5, 1977 - 285 - AMENDMENTS IN COMPLIANCE WITH CHAPTER 808, G.L. May 5, 1977 - 286 - CLUSTER RESIDENTIAL DEVELOPMENT May 5, 1977 - 287 - PLANNED UNIT DEVELOPMENT * May 20, 1977 - 347 - DERBY & CONGRESS STREET (PICK MG PROPERTY) FROM B-4 TO B-5 DISTRICT March 24, 1981 _ 1063-A - CONVERSION OF RENTAL HOUSING TO (1980) CONDOMINIUMS August 2. 1983 868-A - AMUSEMENT DISTRICT (1982) _ * ISP CHANGES _ A TRUE COPY; ATTEST: >O GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 May 9, 1989 (508) 745-6618 y FAX(508)741-6648 Ms.Denise Leonard Project Manager Department of the Army - New England Division, Corps of Engineers 424 Trapelo Road Waltham,MA 02254 Dear Ms.Leonard: This letter is to confirm our phone conversation regarding property at Bertins Restaurant, bounded by Canal Street and Adams Street in Salem, Massachusetts. We have requested and received a 15 day extension from your office regarding the property of John A. Bertini. We plan to respond to your correspondence of April 17, 1989,on or before the 15 day extension expires, May 24, 1989. Should any further questions arise,please do not hesitate to contact me. Sincerely, John A. Bleiler cc: Salem Conservation Commission One Salem Green Salem,MA 01970 John A. Bertini 284 Canal Street Salem,MA 01970 Attorney John R. Serafini 63 Federal Street Salem,MA 01970 SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01970 JOHN R. SERAFINI. SR. JOHN R. SERA FI NI, JR. TELEPHONE JOHN E. DARLING 508.744.0212 LCW15 E. ANTON E. JR. July 21, 1989 617 581 2743 WENDY L, THAYER TELECOPIER 508-741 4683 Mr. William Munroe Building Inspector One Salem Green Salem, MA 01970 Dear fir. Munroe: In response to your inquiry regarding the prior use of the premises on Kimball Road, to the rear of the restaurant parking lot, I can report the following: Investigation shows that the property in question has been used for storage of vehicles , trucks and equipment , industrial use, for the past twenty (20) years . As you will note this area was zoned industrial and then was changed to a B-2 area a portion of the property is still zoned industrial. The change in the zoning has occurred within the last ten (10) years . However , it appears that long prior to that time these premises were used for industrial use and that that use has simply continued to the present. We, therefore, feel that we are entitled, under the law, to maintain a non-conforming use, because the change in the zoning that took place "grandfathered" the industrial use, so that we feel that use is valid. I will submit to you in the next two or three days, an affidavit signed by the. users , which will support the investigation thus far. I trust this will satisfy your present inquiry and that a final determination will be withheld until the supporting affidavit is received. Sincerely, FRANK BERTINI & JOHN H. BERTINI , TRUSTEES B � ohn R. Ser fini, acting as Bb Attorney JRS,SR/dm / cc: Mark Blair z C M Common Salem. Massachusetts 01970 Y IW ').41AssrSN�h I October 6, 1989 John Serafini, Sr. ,Esq. Serafini, Serafini & Darling 63 Federal Street Salem, MA 01970 i Re: DEQE #64-180 John Bertini i Dear Mr. Serafini: On August 10, 1989 the Salem City Council voted to refer an appeal regarding DEQE #64-180 back to the Salem Conservation Commission for further review. The Commission will take up the issue at its next meeting to be held Thursday, October 12, 1989, 7:30 p.m. at One Salem Green. Please call me at 745-9595 ext. 311 if you have any questions. Sinc rel , �, �ly �J• "vim/ aK th een M. Winn Conservation Administrator i, I CL150 I i i I I i i I �%ON CConservatiai Commission Ol� T �i N Salem. Massachusetts 01970 IIISS. I October 6, 1989 I Mr. William Sheehan, Esq. 30 Main Street Peabody, MA 01860 Re: DEQE #64-180 John Bertini I Dear Mr. Sheehan: On August 10, 1989 the Salem City Council voted to refer an appeal regarding DEQE #64-180 back to the Salem Conservation Commission for further review. The Commission will take up the issue at its next meeting to be held Thursday October 12, 1989, 7:30 p.m. at One Salem Green. Please call me at 745-9595 ext. 311 if you have any questions. I Sinrerely, Kathleen M. Winn Conservation Administrator I CL150 1.. PEARL, MCNIFF, CREAN, COOK & SHEEHAN COUNSELLORS AT LAW 30 MAIN STREET SAMUEL PEARL.COUNSEL PEABODY.MASSACHUSETTS 0196P5552 THOMAS C.REGAN JOHN A.MCNIFF,COUNSEL MICHAEL T.SMERCZYNSKI JOHN M.CREAN PEABODY(508)531-1710 F. ROBERT ALLISON OLIVER T.COOK BOSTON(617)2893456 MATTHEW J. KAVANAGH WILLIAM H.SHEEHAN III FAX(508)531-4695 LAWRENCE J.O'KEEFE ELI October 13, 1989 �r OC 11 6 ;S� Mr. John Vallis, Chairman c/o Ms. Kathy Winn Conservation Commission City of Salem One Salem Green - 2nd Floor Salem, Massachusetts 01970 Re: Salem Conservation Commission Notice of Intent/Order of Conditions for DEQE file number: 69-180 Applicant: John Bertini Dear Mr. Vallis: As you know, this office is counsel to Mr. and ,Mrs . John Ellis of 7 1/2 Adams Street, Salem, Massachusetts regarding their opposition to the above-captioned request by John Bertini to expand a parking area located near Kimball Road and Adams Street. Kindly assemble all transcripts and exhibits comprising the record in this matter as maintained by your commission. Please forward these materials to my office with a bill for your record generation services. Your prompt attention to this matter would be greatly appreciated. Very truly yours, Mi�e1 T. S czynski? CC: Mr. and Mrs . Ellis MTS:amc %oN Cpit C Conservation Commission y Salem. Massachusetts 01970 W A'A SSN�a�y October 24, 1989 Mr. Michael T. Smerczynski, Esq. Pearl, McNiff, Crean, Cook & Sheehan 30 Main Street Peabody, MA 01960 Dear Mr. Smerczynski: Enclosed as you requested are copies of all transcripts and exhibits comprising the record in the matter of DEQE case #64-180. Please call me at 745-9595 or Kathy Winn at 745-9595 if you have any questions. Sincerely, John C. Vallis Chairman CL203 ON Cp�� 0" yi Salem. Massachusetts 01970 MEMO: To Filey/ FROM: K. Winzf� DATE: October 216, 1989 On Thursday, Oct. 26, 1989 I had a telephone discussion with Bob Lucia of DEP regarding the Fire Dept. 's request to allow Paul LeBlanc to cut back fragmites surrounding the fenced area where his trucks are stored. Mr. Lucia stated that if there is an overriding public safety consideration involved, this request could be met even though there is a Stop Work Order on. He suggested the Commission ask the applicant to file a Notice of Intent for this work or at least, request that the Fire Dept. put the request in writing and state that the present condition is a hazard to the public's safety. CL208 .T`oN Coy z C Ori �.• ommiSSim y �4 Salem. Massachusetts 01970 t�,ttisncN:.- November 1, 1989 Mr. Michael T. Smerczynski, Esq. Pearl, McNiff, Crean, Cook & Sheehan 30 Main Street Peabody, MA 01960 Dear Mr. Smerczynski : Enclosed is a copy of a letter that was to be attached to the minutes on April 27, 1989. If there is anything else I can assist you in, please don't hesitate to call me at 745-9595 ext. 311. Sincerely, Kathleen Winn Conservation Administrator r539 GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET " ;;' *, SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 Enforcement Regulatory Branch May 23, 1989 Operations Division Department of the Army NA England Division, Corps of Engineers 424 Trapelo Road Waltham, Massachusetts 02254-9149 RE: Bertini property located at Kimball Road, Salem, Massachusetts ATTENTION: Denise Leonard, Project Manager Dear Ms. Leonard: This letter is to provide additional information regarding wetlands on property owned by Placido Bertini, located behind Bertini's Restaurant, in Salem, Massachusetts. The correspondence that our client has received from your office is an April 17, 1989 letter in which you request further information regarding the "fenced in parking area for trucks and construction equpment behind Bertini's Restaurant, as well as the entire adjacent area of wooded swamp land, where ongoing filling of the wetland has been documented by the Corps". The principal wetland area on the site is a marsh containing cattail (Ty hh anaustifolia) and common reed (Phragmites australis). This wetland appears to be fed primarilly by run-off and by a brook which enters the wetland from the north. Drainage flows from west to east via a small stream which runs under Jefferson Avenue. During a February, 1988 site inspection, the boundary of the Bordering Vegetated Wetland was located and delineated according to the Massachusetts Wetland Act Regulatoions (310 CMR 10.55) which state that "the boundary of a Bordering Vegetated Wetland is the line within which 50% or more of the vegetation community consists of the wetland plant species identified in the Act". Fourteen wetland boundary flags were placed along the southeastern edge of the wetlands, perpindicular to Kimball Road. The majority of these flags were still present during an April 26, 1989 site inspection. GULF OF MAINE RESEARCH CENTER INC. Recent construction work related to development of a parking area at the site has occured in upland portions of the property adjacent to the edge of the wetland. Site alteration has included the clearing of brush and woody vegetation, stockpiling of dirt (clean fill), and the stockpiling of construction materials. In addition, in order to drain the upland parking area, a concrete storm drainage culvert has been placed parallel to the southwestern property boundary. This drainage culvert was permitted after the filing of a proper Notice of Intent with the City of Salem Conservation Commission for work within the 100 foot buffer zone of a bordering vegetated wetland and recieving an Order of Conditions to regulate this work. Gulf of Maine Research Center has recently inspected the site (April 26, 1989) and it is our determination that all recent work has occurred in upland portions of the Bertini property, although dirt stockpiles have unfortunately been mechanically pushed to the upland/wetland boundary line. In addition, 7 large granitic boulders 1\4 of approximately 3 to 4 feet , and 3 of approximately 2 to 3 feet) have inadvertantly rolled into the wetland behind the fenced vehicular parking area. Mr. John Bertini met with the Salem Conservation Commission on April 27, 1989 to discuss the recent construction activity adjacent to the wetland on this property. It was determined by the Salem Conservation Commission that: -the Notice of Intent filed March 9, 1988 and the resulting Order of Conditions (DEOE File No. 64-15) permitted placement of the concrete storm drainage culvert parallel to the southwestern property boundary in order to drain the upland parking area (see enclosed Order of Conditions), and; -a new Notice of Intent covering the additional work related to the clearing of the property for parking is necessary. Gulf of Maine Research Center is currently preparing this Notice of Intent whcih shall be submitted on or before May 26, 1989. Our client has assembled the following information in order to respond to the nine (9) questions raised by the Army Corps of Engineers. 1. Why did the work commence without the necessary Corps permits? According to City of Salem wetlands maps, and to the Gulf of Maine Research Center wetland delineation, the work was performed outside of the Wetland Resource Area and the property owner believed that no permit from the Army Corps of Engineers was required. 2. Please furnish us copies of any local, state, or federal permits which you have received regarding wetlands fill at the work site behind Bertini's restaurant in Salem. GULF OF MAINE RESEARCH CENTER INC. To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. Enclosed you will find: a copy of the City of Salem Conservation Commission Order of Conditions permitting placement of the culvert on the property; a recent site plan to be included with the May 26, 1989 Notice of Intent; and a letter from the Gulf of Maine Research Center to the City of Salem Conservation Commission (27 April, 1989). 3. On what date did the unauthorized placement of fill commence (be specific)? To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. Our client leases a portion of the land in question to a construction company. Periodically piles of fill are temporarilly stored on upland portions of the property by this company; however, this fill is neither intended for nor used to fill wetlands. Piles of fill are routinely removed and used on other off-site projects by this construction firm. 4. What percentage of the project is now complete. To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. A Notice of Intent covering the additional work related to the clearing of the property for parking is currently being prepared and shall be submitted on or before May 26, 1989. The enclosed site plan will be submitted with this Notice of Intent. The portion of the land leased to the construction company is used soley for materials storage: all of their work is done at other sites. 5. What is the volume of fill placed (cubic yards); What is the area of fill placed (square feet)? To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. 6. What is the reason for this placement of fill material in the wetland area? To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. 7. Who actually placed the fill in the wetlands? To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. I GULF OF MAINE RESEARCH CENTER INC. 8. Please provide drawings, to scale, which show the wetlands at the site as they existed prior to filling and construction and how they exist now. Enclosed you will find: the site plan referenced in Response #2; and, an aerial photograph of the site. According to the property owner, this aerial photograph was taken sometime in the late 1960's or early 1970's. The area that today is the fenced-in parking area behind Bertini's Restaurant is clearly outside of the wetland at the time when this photograph was taken. The property owner is currently assembling documentation necessary to more accurately date this photograph. Once these data becomes available, your office shall be informed in a timely manner. 9. At any time during the planning of this project, were you aware of the Corps jurisdiction? At any time during the construction phase of this project, were you aware of the Corps jurisdiction? Our client is currently aware of the Corps jurisdiction, but was not aware during the early planning phase of this project. Our client intends to proceed and act with full respect for the procedures of local, state, and Federal government. The property owner does not believe that any un- authorized fill was placed in any wetland at this site in violation of any local, state, or federal act. Once the property owner has assembled the documentation necessary to date the enclosed aerial photograph, we hope to demonstrate that all work conducted at this site was in compliance with local, state, and federal regulations, and that no fill was placed in wetlands at this site. Should any further questions regarding this matter arise, please do not hesitate to contact me, or my assistant, John A. Bleiler. Sincerely, Hugh F. Mulligan, PhD Director cc: Mr.John Bertini 284 Canal Street Salem, MA 01970 Mr.John Vallis, Chairman Salem Conservation Commission One Salem Green Salem,MA 01970 Attorney John Serafmi, Sr. 63 Federal Street Salem, MA01970 +�ory coy Conservation Commi$$im r Salem. Massachusetts 01970 '�1sntN� November 2, 1989 Captain Robert W. Turner Fire Marshall Fire Prevention Bureau - Salem Fire Department 48 Lafayette Street Salem, MA 01970 Dear Captain Turner: I am writing at your request to clarify the Salem Conservation Commission' s position regarding location of a fuel oil tank on the site of Pumel Construction Co. , 284 R. Canal Street. A member of the Commission inspected the tank' s location and advised the Commission that the tank appears to be within the 100 ft. buffer zone of the wetland boundary as delineated by environmental consultant, Gulf of Maine, Inc. Special Condition #3 of Order Conditions #64-180 (attached) issued to property owner John Bertini on June 14, 1989 states that any hazardous material including petroleum products shall be stored outside the buffer zone. Therefore, the Commission recommends relocating the tank to an area of the Pumel Construction site that is beyond the buffer zone to lessen the threat of possible leaking of fuel into the Wetland resource area. In addition, the Fire Department has indicated that fragmites and other vegetation growing around the fenced area needs to be cut back to reduce the chance of fire hazard. Because the Order of Conditions is in the process of being appealed to the state ' s Department of Environmental Protection (DEP) a Stop Work Order for this property is in effect. " However, the Commission has checked with DEP and they have indicated that an exception can be made to allow the vegetation to be cut if it is presenting a threat to the public' s safety. The Commission asks that the Fire Department notify us in writing of your determination that such a safety hazard exists so that this work can be allowed to go forward. Thank you for your cooperation in this matter. If you have any questions or require any other information, please do not hesitate to contact me at 745-9595. Sincerely, / Kathleen M. Winn Conservation Administrator L ___ __CL216 i x Ctv of atem, C1a55arhusvtt5 �'s,� ire �lepartmeut �lea�yuartcrs uQ,rt. 48 Pf rgettr 'itrret Joseph F. Sullivan $Aem, cffltt. 01970 RECEIVED �/ Chief NOV 1 SALEM PLA1111AI lG DEPT. November 12, 1989 Mr. John Bertini Jefferson Realty Trust 284R Canal Street Salem, Ma 01970 Dear Mr. Bertini: In response to a complaint by a concerned citizen, the Fire Prevention Bureau checked the location of a tank containing diesel fuel located in the Pumel property, 284R Canal Street. The concern of the citizen was for the wetland bordering this property. I have checked with the Salem Conservation Commission relative to the tank's proximity to this wetland, and found the location to be within the buffer zone (communication from the Conservation Commission attached). In view of the determination made by the Commission, the Fire Department requests that the storage tank be relocated to an area of the site which is beyond the buffer zone. Such installation shall meet the approval of the Salem Fire Prevention Bureau and shall require a permit for the installation and storage of flammable liquids. As also addressed in the letter, please take action to control any dry vegitation which may pose a threat of fire to this property. Signed, Robert W. Turner, / Fire Marshal cc: Conservation Commission ✓ Mr. Paul LeBlanc z Consffvadon Commission Salem. Massachusetts 01970 'yA ssf�� November 2, 1989 Captain Robert W. Turner Fire Marshall Fire Prevention Bureau Salem Fire Department 48 Lafayette Street Salem, MA 01970 , Dear Captain Turner: I am writing at your request to clarify the Salem Conservation Commission's position regarding location of a fuel oil tank on the site of Pumel Construction Co. , 284 R. Canal Street. A member of the Commission inspected the tank' s location and advised the Commission that the tank appears to be within the 100 ft. buffer zone of the wetland boundary as delineated by environmental consultant, Gulf of Maine, Inc. Special Condition #3 of Order Conditions #64-180 (attached) issued to property owner John Bertini on June 14, 1989 states that any hazardous material including petroleum products shall be stored outside the buffer zone. Therefore, the Commission recommends relocating the tank to an area of the Pumel Construction site that is beyond the buffer zone to lessen the threat of possible leaking of fuel into the Wetland resource area. In addition, the Fire Department has indicated that fragmites and other vegetation growing around the fenced area needs to be cut back to reduce the chance of fire hazard. Because the Order of Conditions is in the process of being appealed to the state' s Department of Environmental Protection (DEP) a Stop Work Order for this property is in effect. However, the Commission has checked with DEP 'and they have indicated that an exception can be made to allow the vegetation to be cut if it is presenting a threat to the public's safety. The Commission asks that the Fire Department notify us in writing of your determination that such a safety hazard exists so that this work can be allowed to go forward. Thank you for your cooperation in this matter. If you have any questions or require any other information, please do not hesitate to contact me at 745-9595. Sincerely, Kathleen M. Winn Conservation Administrator E CL216 NAZPL('be�� vR�' j ' lC cy, ! `�O 10-W' L Z6 l9 icy 36 DAA A A41 pji pLil Cabs TA" vN /?l'��roPe�5h • vn ! k c � 7 Kimball Road Cit} ,, � ( G Salem, Ma. , 01970 April 5, 1990 dL �� `! l� W, 0 1AN 1,th'o L 41-! = � crlmn� �Hi >� S^ To: Salem Conservation Commission, John Vallis City. Council, Mark Blair, President O D.E.P. , Robert Lucia "rte Dear Sir: I 'm writing in regard to the wetland filling and' ' cutting down of wetland vegetation in back of 282P Canal Street and next to 266 Canal Street, the Flea Market . I called Kathy Winn at 3:30 P .M. , November 1, rl 1989- She arrived on the site at 3: 50 P.M. On the land I met a young woman from Gulf of Maine Engineering. She asked me where the wetland was . j ' I showed her what they had filled. Kathy Winn took pictures. Bob Crowley came over and told me it was bordering buffer zone .. In March 1990, I called you, John Vallis, that. James Trucking was dumping more fill in the land in question. I would like to know if anything is being done 1 to stop this filling? Have they applied for a permit to cut wetland vegetation? I called you on March 12 and asked what. was being done about the wetland filling. You said: "I' ll have to call John Serafini and getback to you." I have yetto hear from you. Please reply. '� -- Sincerely, ger W . Pelletier aADKP bv� 0 U>` b / 15 A -ric"/ Lc•�l �ilrsronx �( 1j ( s- i3ih'd� N( L:D (odi S,�r2 l/ 7—P // 2v � a �i� a -� z fi� ry �/ // FAD. McR � Gl/ �i�a ✓D NT .2 P ��6�� — k/ V e�� Tc RECEIVED APR 11 1990 7 r(imbal.l T?oad Salem, Ma.. , 01970 ".pri1 5, :L990 SAI Eti1 PLANING DEPT. To: Saler Conservation Commission , John Vallis City Council , Mark Blair , President B.B.P. , !%obert Lucia. Dear Sir : I ' m writing in regard to the 'Aretland filling and cutting do-,wn of 'wetland vegetation in back of 2623 Canal Street and next to 266 Canal Street, the Flea. Market . I called Kathy ';;inn at 3: 30 P .M. , i?ovember 1., 1989 • She arrived on Che site at 3: 50 P .M . On the land I met a young woman frors Gulf of Maine -Engineering. She asked me :there the wetland was . I showed her what they had filled. Kath,., Flinn took pictures . Bob Crowley came over and told me it :z+as bordering buffer zone . In March 1990, I called you`; John Vallis , that James Trucking was dumping more fill in the land in question. I vrould like to know if anything is being done to stop this filling ? Have they applied for a permit to cut wetland vegetation? I called you on March 12 and asked what. was being done about the wetland filling . You said: "I ' ll have to call John Serafini and get back to you." I have yet to hear from you . Please reply . Sincerely, Roger V . Pelletier 7 ys' / 5 Z 7 Kimball Road Salem, 'da. , 01970 April 3, 1990 To: The Appeal Board, James Flemin„ Salem Conservation Commission, John Vallis City Council , Mark Blair, President D . P. , Robert Lucia Dear Sirs: In April 19313 the Appeal Board approved a permit. to let a contractor cut a 19 foot path in the wetlands to put in a storm drain from Bertini ' s mini mall to the wetlands near the Ellis land. Mr. Fleming, chairman of the Appeal Board , said the trees they destroyed would be replaced. But after the pipe was completed, are heard chain saws running and saw them cuttinh dorm more trees . The man gold us N'.r. Bertini had said he could cut some for his fireplace . Ne were really angry about that . The order of condition vaas° to replace the trees but instead Tetreault Hot Top Co . , paved it and moved further in on the land. No trees were ever returned . t'ihere is the Protection Act, Mass . G . L . , Chapter 131, Section 40 ? ''A' ha.t is the point of having; rules and laws if no one has to follow them or only certain people? The residents of the neighborhood are the losers . The trees are ,one and so are the birds and other wildlife and are are left with more noise aild more air pollution. It ; s not fair----vie have ri„hts too . Enforce the lavas or rules you make and keep our neighborhood from going downhill . We pay taxes too . you known. Sincerely, < T?oger 'ii . Pelletier 714S /52 0 (';�"AWM25PR 10 ➢ RECEIVED APR 11 1990 Sal"- ji PLgluliING DEPT. - ✓l�-cf-.'o�ol cam �os�,orz - ✓t6�/.e�u6 ���io� /lam � -����� C Daniel S. Greenbaum `vim/ ' ffaswduwt� OAVO/ Commissioner JUL0 3 1990 (617) 935-2160 June 29 , 1WRI P-1�4!'; mlgr �r�p Dr. Hugh F. Mulligan RE: WETLANDS/SALEM Gulf of Maine Research Center DEP File 164-180 204 Lafayette Street Extension for Salem, MA 01970 Submittal of Information Dear Mr. Mulligan: The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Protection, Wetlands Division, is in receipt of your letter dated June 26, 1990 . Said letter requested another two (2) week extension for the submittal of information as required in the Department ' s April 26, 1990 letter. Based upon the need for the requested information, the Department is inclined to honor your request. The new date for the submittal of information as stated in the Department ' s April 26 , 1990 is now July 13 , 1990. Should any party have any questions relative to this• letter, please contact Mr. James Sprague at 935-2160. V y truly yours, William A. Krol , P tlands . WeDivision Section Chief WAK/JAS T` Original Printed on Recycled Paper Page -2- June 29, 1990 cc Salem Conservation Commission, City Hall , Salem, MA. 01970 John Bertini, 284 Canal St. , Salem, MA. 01970 John & Clarana Ellis, 7 1/2 Adams St. , Salem. ,MA 01970 Claire Pelletier, 7 Kimball Rd. , Salem, MA 01970 Michael Smerczynski, Pearl, McNiff, Crean, Cook & Sheehan, 30 Main St. , Peabody, MA 01960 John Serafini, Sr. , 63 Federal St. , Salem, MA 01970 I 57e, commonwela" o-/-j Daniel S. Greenbaum oao/ Commissioner 935-2160 John and Clarana Ellis WETLANDS/SALEM JUL 7 1/2 Adams Street File # 64-180 4' Salem, MA 01970 Acceptance of Apoeal �rIe'`�a� lP Dear Mr. and Mrs. Ellis: The Department of Environmental Quality Engineering is in receipt of your Appeal dated June 22 , 1989 regarding the above referenced project, paving and fencing on Kimball Road. Your appeal is accepted, and you will be notified of further proceedings in matters leading to issuance of a superceding order for the project. This Department, under the provisions of General Laws, Chapter 131, Section 40 , will schedule a field investigation with you and all concerned parties in the near future to determine if the areas are significant to the interests of the Act and to informally discuss the relevant issues with parties to the appeal . All parties will receive written notice of the time and place of the site visit. No activity may commence on any portion of the project subject to the jurisdiction of the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 until the Department has issued a Superseding Order of Conditions and all anneal periods have elapsed. When it is this appeal's turn to be heard, a staff person will be. assigned to this case. However, in the interim please contact Mr. Ralph Perkins at 935-2160, should you or any party have any questions. Very truly yours William A. Krol, P.E. Wetlands Section Chief WAK/rp cc: Conservation Commission, City Hall, Salem, MA 01970 John Bertini, c/o Bertini's, Inc. , 284 Canal Street, Salem, MA 01970 Original Printed on Recycled Paper // TE L ,,., Fer, 11193 1';5 55 P!o .002 P ,02 5rrR RriS N1ERAFINI AND DARLING J ATTOPNET$AT UW 63 FEDERAL STREET 5ALEM, MAS$ACHUSETTS C'1 70 TEIEP,IONI JOHN P SEN!.n N., en 666944.0212 .IUnN N, SERAF1.1,IR 61TOOP2713 .aOnN tOAN6ING TEFLCOPIER CLLEN H W'"a"a 600'941.4663 JOSEPn G. G'.JNRLNTI February 11, 1993 VIA FAX AND FSRST--QLASS MAIL Michael T. Smerczynskii Esq. Sheehan Pearl, NcN:ff, Crean, Cook & 30 Main street Peabody, MA 01960 RE: Bertini Land Dear Mike: In connection with the Hertini matter, please be advised that we plan to have work started as soon as the weather breaks and planting is appropriate. My guess is this should be sometime during the early part of June. Thank you for your cooperation. Sincerely, / i OHN R. SERAFINI, S *� JRS, SR. /ln 1UY COIF y, {z Conservation Commission Salem. Massachusetts 01970 - July 31 , 1991 William A. Krol , P .E . Department of Environmental Protection Metropolitan Boston -Northeast Region 5 Commonwealth Avenue Woburn, MA 01801 RE : File #64-180 Dear Mr . Krol : We have tried to contact your office for information pertaining to file #64-180 . Our last correspondance was your Acceptance of Appeal dated June 22 , 1989 . It was brought to our attention by one of the neighbors ; that grading and. spreading of gravel was cccuring on the site . Please inform us of the statice of the Appeal , and be advised that the owners are apparently disregarding the appeal order by doing work prior to the issuance of a Superseding Order . Thank you for your attention to this matter . Any information should be addressed to Juli Riemenschneider, Conservation Administrator, One Salem Green , Salem, MA 01970 , ( 508 ) 745-9595 ext . 311 . Sincerely, U John�G . Vallis Chairman cc : John Serafini Sr . Roger Pelletier John & Clarana Ellis D1031 \ON CO�� ?W = Conservatim Comm1SSim Salem. Massachusetts 01970 Assi F� yv - July 31, 1991 William A. Krol , P .E . Department of Environmental Protection Metropolitan Boston -Northeast Region 5 Commonwealth Avenue Woburn, MA 01801 RE : File #64-180 Dear Mr . Krol : We have tried to contact your office for information pertaining to file #64-180 . Our last correspondance was your Acceptance of Appeal dated June 22 , 1989 . It was brought to our attention by one of the neighbors ; that grading and spreading of gravel was occuring on the site . Please inform us of the statice of the Appeal , and be advised that the owners are apparently disregarding the appeal order by doing work prior to the issuance of a Superseding Order . Thank you for your attention to this matter . Any information should be addressed to Juli Riemenschneider, Conservation Administrator, One Salem Green, Salem, MA 01970, ( 508 ) 745-9595 ext . 311 . Sincerely, John G . Vallis Chairman cc : John Serafini Sr . Roger Pelletier John & Clarana Ellis D1031 ` -i%��•�k -- — -�� Z� 2 cr aG/ffD//�G .7ivc !Zd _® __La/3/_�ALL i4LonrG_f/1! _� _ _f7.�/_//�"�92 dry X2.5/141. pus Ai- 4j�:tlrv_o 5E . 7L- SFC _a/yR- - .is7_ic '- E _ - � - -- - - - - - - _-- - -i-�- -- _� -- - - - - -- - _ .t - - --- - - - - - - i - - - - - - - - - t - _ . - - - - � -- � ! I i ;I - C� � a o � - -ate - � ®s off•----- --- -- - - JIP'lf — - - 5 - J, - - --- ----- - -Z — -- - - rp i. _ 0a_/_9._7-D-- i - - -- - -- - - - - - - ' fa _otyeo- ----- -- - --- --- - -�- ---- - -I fj e F I NDN Ll (fr N 3 lD :j Y n"i o � N O y� I 4 a I've oil" \ o r � got •��o a' Ch z T6M Engineering" C GRez1k(1//ARY g o Associates,lnc. Y S/T� DEV�LOP.t.IENT PLs7N ��,,� S4L-E.(./, A�d55.4CJ/US><TTJ vueonrNn.oweo 3'. -n V io< Farm 5 0EOEFiieNO. L 64-15 j (To be prowaeo by OEOE) (fie Commonwealth GNrTown Salem o;Massachusetts John Bertini aboucant Order of Conditions Massachusetts Wetlands Protection Act G.L c. 131, §40 From Salem Conservation Comm ssinn To john and Frank Bertini Placido Bertini (Name of Applicant) (Name of property ownerl Address 284 Canal Street Address 284 Canal Street This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) ❑C by certified mad.return receipt requested on (date) This project is located at Canal Street and Ki h^11 R nA The property is recorded at the Registry of Cssex Book 3955 Page 530 Certificate Jif registered) The Notice of Intent for this project was filed on March 9, 1988 (date) The public hearing was closed on ?larch 24, 1988 (date) Findings The Conservation Commission has reviewed the above•referencedNotice of Intent and plans and has held a public hearing on the project.Based on the information available to the Commission at this time.the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): ❑ Public water supply ® Flood control ❑ Land containing shellfish ❑ Private water supply 11 Storm damage prevention ❑ Fisheries ❑ Groundwater supply In Prevention of pollution ❑ Protection of wildlife habitat 5-1 Effective 11/1/87 Therefore. the Commission hereby finas that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations. to protect those inter- ests checked above. The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referencea above. To the extent that the fol- lowing conditions modify or differ from the plans. specifications or other proposals submitted with the Notice of Intent. the conditions shall control. General 1 Condltlons 1. Failure to comply with all conditions stated herein.and with all related statutes and other regulatory mesa- ures,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 necessity of complying with all other applicable federal. state or local statutes.ordinances, by-laws or regulations. 1. The wont authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act: or (b) the time for completion has been extended to a specified date more than three years, but less than five years,from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse. rubbish or be- bns. including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard. pipe. tires. ashes. refrigerators, motor vehicles or parts of any of the foregoing. i No work shall be undertaken until all administrative appeal tiericas from this Order nave elapsed or, it Such an appeal has been tiled. until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeps or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land. the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words. "Massachusetts Department of Environmental Quality Engineering, File Number 64-15 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11 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. 12. The work shall conform to the following plans and special conditions: 5.2 Plans: Title Dated Signed and Stamoed by: On File with: Existing Conditions 10/13/87 Earl Townsend - T&M Engineering Conservation LUV . emmissial General Site Development Composit Site Plan Details and Profiles Special Conditions(Use additional paper It necessary) 1 . All work shall conform to Appendix A Design Data for Storm Drainage Systems' and Appendix, 'Soil Eroision and Sedimentation Control Program' 2. Work shall conform to the above referenced plans. 3. Those bank areas requiring alteration will be regraded at a maximum slope Jlyof 11: 1 , loataed and seeded. 4. The applicant, his successors or assigns, shall be responsible for the maintenance of all catch basins at least twice annually. 5. Cas and oil separators shall be installed in all catch basins. 6. The use of salt (:aCl) as a deicing_ agent on the proposed parking facility shall be prohibited. 7 . All work shall be performed with minimum impact on present vegetation and trees and the existing walking path shall be restored if disturbed during construction. 8. Erosion control barrier shall be established in accordance with "Erosion and Sedimentation Control Guidelines", publication #13, 529-39-1000-84-C.R. . , dated August 1983, or approved by the Conservation Commission or its designated agent. ...................................................................................... ............................................................................................ (Leave Soace 8IWkl 5.3A Plans: Title Dated Signeo ana Stamped ov On File with: Special Conditions(use additional paper It necessarvl F\ ............................ . ................... (leave Soace Blenkl 5.38 Issued By Salem Conservation Commission Signaturejs o Gia-(YWT Ail v^ This Order must be signed by a majority of the Conservation Commission. On this day of g 88 before me personally appear' 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 tree act and deed. Al J {niV to � /I/ln „ i Notary Punic My commission expires The apoicant.the uwner.any person aggrieved by this order.My owner of lend abutting me laird upon which bre proposed work b to be done a any ten resmemns of tie cry or town in which such land Is located are hereby notified Of then right to request the Deparmisnt of Emniommentat ot!"ty Engmeernq to issue s suoarsedvtg order.pnowtllng the request a meds by certified mew or here delivery to me o6pamlent Icer ten days hom me date of issuance of this order.A copy of me regUeat Mas at the risme oma W sent by can"" mW or read delivery to the Conservation Commission and the ttppteartt. Detach on dotted line and submit to the prior to commencement of work. Issuing Authority To please be advised that the Order of conditions for the protect a File Number has been recorded at the Registry of and has been noted in the chain of fire of the effected property in accordance with General Condition a on.. 19— it recorded land. the instrument number which identifies this transaction is If registered two.the document number which identifies this transaction Is Applicant Signature 5.4A Issued by the Department of Environmental Quality Engineering. Signature On this day of 19 , 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 the same as his/her free act and deed. Notary Public My commission expires The applicant.the owner,any person aggneved by this Superseding Order.any owner of land aouning me levo upon winch the of P0300 work is to be acne or any ten persons pursuant to G.L.c.30A.§10A.are neraby notified of thee right to request an eoludleatory hesnnq pursuant t0 G.L 30A.§10.providing the request Is made by ceratled mall or hand delivery to the Department within ten days from the data Of Iaauence of the Suitetseamg Order.and Is addressed to: Docket Clark.Office of General Counsel.Department Of Environmental Gustily Engineering,One Winter Street.Boston.MA 02108.A copy of the request shalt at the same time as sent by Cert Med mail or hard delivery to the conservation commission.the e0p11Caf1t.and any other party. A Notice of Claim for an Adjudicatory Mesnnq was comply with the Deoanrnent's Rules for Adjudicatory Proceedings.310 CMR 1.01let.and was Conran the following information: (a) the DEOE Wetlands File Number.name of the applcent and address at me protect: (b) the compete name,address and telephone number of the parry filing the request.and.if represented by COuns-A,tha name and address of the attorney: (c) the names and admseeea of all other battles,it known: (d) a clear and concise statement of 11)the facts which aro grounds for ms 011000 ding,(2)the obIOCO"to this:wpersedap Older. including specifically the manner in which It is alleged to be mccr ststent with the oetwtihenl's Wetlands Regulations 1310 CMR 10.00)and does hot contribute to the tkotecaon of me interests Identified in the Act.and 13)the relief sought mrougn trs.adiu• dilatory hearing,mcludinq apecitically the changes desired in the Superseding Order. (e) a statement mat a copy of the request has been sent to the applicant.the conservation commission and each other parry or rev resentative of such party.A known. Failure to submit all necessary informanon may result In a alsmissal by the Department of the Nonce of Claim for an Adludlcatory Reehnq. Detach on dotted line and submit to the prim to commencement of were. To Issuing AuthMty Please be advised that the Order of Conditions for the protect a L' File Number has been recorded at the Registry of and i has been noted in the chain of title of the atfected property in accordance with General Condition e on . 19_ If recorded land. the instrument number which identifies this transaction is If registered land. the document number which identifies this transaction is Signature Applicant 5.48 TO: Bill FROM: Kathy SUBJECT: Ward 7 Concerns According to the registered letter signed by 18 Ward 7 residents, the major concerns facing the Adams Street/Bertini Lane/Kimball Road neighborhood are: 1) Car Wash - Located at corner of Canal St/Kimball Rd., this facility has coin operated machines which apparently are available for use 24 hours/day. Recent removal of vegetation for shopping mall drainage pipe has increased noise (screeching tires, loud music) level associated with car wash. Residents are asking that machines be shut off at a reasonable hour and that signs be posted and police patrols be undertaken. 2) Pumel C s truction/Tetrault Hot Top Co. - Residents claim these Vca • S operation have expanded, cutting down wetland vegetation and-they question whether these uses are legal and are properly permitted., In addition to noise created by heavy machinery which residents are a concerned about the effect on the wetland buffer zone. Residents W tk . k charge that piles of salt and sand are stored on-site and that trucks are washed and engines are worked on, possibly causing harmful run- ' Q off into the wetland. As you know, this issue is being addressed by the Conservation Commission. 3) Drainage Pipe Installation - To date, none of the vegetation removed for the shopping mall's drainage pipe has been replaced and the pipe's opening is not secured as required in condition set by Planning Board. Residents are asking Planning Board to address this. 4) Adams St. Fence - A fence at the top of Adams Street apparently was constructed to prevent children and vehicles from going over a cliff and entering the mall area. There is a gaping hole at the end of the fence making it an unsafe area. Residents are asking for a new fence 44#0 however, it is unclear who owns the fence and who residents think should take responsibility for its condition. M48WP CITY OF SALEM In City Council, Tu h t ! t• Ordered: I Az, ��� �yn 'h� �M �'orc✓.3,.�s� �rirv � !j !ur! a bi (, ; {fH deium,," c, Q /n (p�eler01,K i�L UJ? af Dia)pt / 6 dy IAM i / Y!.'I.^:. Ll,, rAm d r c u 17 ge 7 /e_.4 0.4 7-1 / ea r` 04 u S_t P 1 U V7 In,n CPp y a F Ile �i C, � �. �-� I-�z ��cnn ,'✓i� V✓z �cirf/�iii7f 4x" d Ile C/ yk ,7t ��a Sr�d.L 4L 1 �,ly �af�i � lr a7 , so r,oge /7/1 C;/'Zyh . -- -- /��� ���r� � �>�• Gt �,l�. �, � ,�{ ail usp. %( h d f �l �m• h`t(} ply / �y h f mat 4-le �i,;�O�i'r7 —L/t'Aa r kp*77, W (l�Tpt r C'c �/di?, In City Council- June 22 , 1989 Adopted Approved by the Mayor on June 27 , 1989 ATTEST: JOSEPHINE R. FUSCO CITY CLERK WN c z Conservation Commission Salem. Massachusetts 01970 R \' April 19, 1989 William Munroe Inspector of Buildings One Salem Green Salem, MA 01970 Dear Mr. Munroe: The Salem Conservation Commission is in the process of investigating possible violations to the Wetlands Protection Act at the site of Pumel Construction, 284 Canal Street Rear. During the course of this inquiry, it has come to our attention that portions of this operation may be located in a Residential Conservation Zone. To assist us in our investigation, the Conservation Commission requests that the Building Department issue a written determination which indicates how the Pumel Construction site is presently zoned and advise the Commission as to whether this operation is an allowable use. Since this item is on our next agenda, we request that, if possible, this information be made available to the Commission before our next scheduled meeting on Thursday, April 22, 1989. Thank you for your help in this matter. If you have any questions, please do not hesitate to contact me or Kathleen Winn, Conservation Administrator. Sincerely, Philip Moran Chairman M48 l� r « S \ � N Jr/o 9/ �A 99 p FZLid w 1£ M_ y� 6Lh9 gg or 907 o" S�b0b 0£ / H 00 w ££ w .d \S\ «cc °8 00 d ?` \> w N O b / �� s ra b c `�♦yah a Fees ` 9£ / N Yd / a£ Oro'Ir SbFF o° o = : Z01 i 0 & 0 Faa N \« P N 7r9107 8E� N N N CS d n zb� V °e ao 0OV9 (7 6ti oA 5�� 9Z o °o, r d Citp of *aiem, Aaz5acbu!5etts Public Propertp Department,r c �3uilbing Department One *stem green 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer :.ori 2„ 1969 olliz, D. i9oran. Chairman Conservation Commission - of Salem .anal Street , ear Dear Pyr. 1.1cran: s requested in your letter of 4ori1 19, 1959 this Department has r. searched the property located at 284 Canal Street Hear, :with the :oi_o::ing findings: 1 . The orooerty has had several zoning designations over the years, Industrial, 3-1 (Neighborhood Business) and its current B-2 (Highway Business) . in each case the area has remained pretty much the same, approximately three hundred (300) feet in from the center line of Canal Street. 2. Under the current P-2 zoning a trucking business such as Pumel Construction would not be a use permitted by right. However, due to the zoning changes it would be important for this depart- ment to know when this use, a trucking company, was first es- tablished at the site. This use is a permitted use in an industrial zone and perhaps the use could be so called "Grand- fathered" . There is no one presently .with my office that can recall when this use first started at the site and i .would expect that the burden of Proof for a starting date would fall on the property owner. Once I have that information 1 :will be better able to answer whether it is a Permitted use of not. Is I indicated above,the zoning line on the attached flood insurance rate mao is approximate. ;s this department does not survey private property, if an exact line location is required,i :would suggest you make a request to the City Engineering Department for assistance as permitted under the City Zoning Ordinance. Please advise if I can be of further assistance. Sincerely, 41il1iam H. ,-lunroe 7.,..;..T T-P--...... v I 1 ��l�u O INC'. SINCE/910 May 16, 1989 HAY 1 PF-1 V CITY OF SALEM •*F.Ai.TH nvpr Mr. Robert L. Blenkhorn, C .H .O . Health Agent City of Salem Health Department Board of Health Salem, Massachusetts 01970 Dear Mr. Blenkhorn: In response to your letter regarding the complaints from Ward 7 residents , relative to the property at the foot of Kimball Road , I would like to advise you of the following: 1 . Tetrault Hot Top, a paving company , which o erates approximately eight months of a een parking on these premises for er ten years Their hours of opera Tion are from 8:0 :00 p.m. 2 . Fumel Construction ha used t ert for parking their trucks or ove our ears. Normal operatine hours are from 8:00 a` 0 p.m. However, they have been—contractea by the City of Salem to do plowing and sanding durin6 the winter months , which would cause them to start their vehicles , for emergency work for public service , at other than normal working hours. In the past , the area used by Pumel Construction was use as a staging area for construction materials , such as sand , loancurbing, ties , an crushed stone. The Conservation Committee hasput a cease ano desist order on e proper Vi , allowing only for the vehicles to come an o urfnb_normal won i ours . so no oadin6 or unloading of materials na lff— taken olace . If you have any further <luestions , please do not hesitate to contact me . S ' ncerely ,/] ter[.. RECEIVED BY ROBERT �E.pBLENKHORN C.H.O. John A. Bertini �.Cs, ,r .ICw S- �6��9g ? REALTH AGENT 'I <.. NOseeii3 // +�aY•E� r. ate.,J'�+�9✓Y F�4 ��Y�Y ut� Rx4{� � i 4 �S'• �J t>L¢�d7R`t� A\' x;I yam` P't._ ^pmtJ/ '? aoyg� ' _sv oo AiPQax ^t 5*S .:��N'TyIMN"`dM :'Ltl^•P.� �., t{t l,� �y�}� ��f .i 'kJx, � ! N .� �xJ- �+^�, Se•.m 9 ;.,..max. '�;7.' o d m I � 104 Forth 9• DEOE Re No. (To be provK*d by DEOM d'— SALEM, MA CityRow Commonwealth of Massachusetts Ao0W=r4 Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131 , §40 r From Salem Conservation Comm' —; n 'issuing:Authority To Paul LeBlanc PummPI ('nn r r • gut r .,i qr V Salem, Ma. Date of Issuance March 16 1999 - Property lot/parcel number, address Man 32 i t l A 9 2 8 4 Canal St. Rear_/_2 K;mhall Rd Salem, Ma. 01970 Extent and type of activity- Storage ctivityStorage of construction trucks -and equipment in a Wetland/Buffer Zone area. The Salem Conc rear; n Comm; -.- ; ..-. has determined that the activity described above is in violation of the Wetlands Protection Act, G.L c. 131 , §40, and the Regulations promulgated pur- suant thereto 310lCMR 10.00,because: Said activity has been/is being conducted without a valid Order of Conditions. r; Said activity has beeniis being conducted in violation of an Order of Conditions issued to dated File number Condition number(s) 0 Other(specify) The S^ 1 r se Commission hereby orders the following: YM The property owner, his agents• permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. ®X Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9-1 105 ❑ .Completed application fors and plans as required by the Act and Regulations shall be filed with the on or before (date), and no further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work. Application forms are available at. SX The property owner shall take every reasonable step to prevent further violations of the act. Other(specify) Please contact Kathleen Winn , Salem Conservation Commission at 508-745-9595 ext . 311 , upon receipt of this notice . i Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chaff ter 131 , Section 4-0 provides: Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: K a t h l P P n W i n n rc t o f f e A„iso r Issued by Salem Conservation Commission Signatures) — 1 ' (Signature of-delivery person or certified mail number) Com,_- -_-------=�� CC: Sohn Bertini , 284 Canal St. Salem, Ma. i� 92 104 Forth 9' DEOE Re No. ,,per (To be prox*d by DEOM SALEM, MA — Commonwealth C'ryf%v of Massachusetts ppp �t Enforcement Order Massachusetts Wetlands Protection Act, G.L c. 1315 §40 From Salem Conservation Commission 'issuingAuthority To Paul LeBlanc Pummel rn r r • 2R! Caa.a' qr P Salem, Ma. Date of Issuance March 16 1989 Property lot/parcel number,address Man 32 Tnt lnr 284 Canal St. Rear/2 Kimhall Rd —' — Salem, Ma. 01970 Extent and type of activity. Storage of construction trucks and equipment in a Wetland/Buffer Zone area. The Salem Conservar;n., r.,mm; CGzgn has determined that the activity described above is in violation of the Wetlands Protection Act, G.L c. 131 , §40, and the Regulations promulgated pur- suant thereto 3101CMR 10.00,because: I 41 Said activity has been/is being conducted without a valid Order of Conditions. f7 Said activity has been/is being conducted in violation of an Order of Conditions issued to dated File number Condition number(s) ❑ Other(specify) The SAIPM es„atian Commission hereby orders the following: XM The property owner, his agents, permittees and all others shall immediately cease and desist from further activity affecting the wetland portion of this property. ®X Wetland alterations resulting from said activity shall be corrected and the site returned to its original con- dition. 9-1 1035 ❑ .Completed application fors and plans as required by the Act and Regulations shall be filed with the on or before (date), and no further work shall be performed until a public hearing has been held and an Order of Conditions has been issued to regulate said work_ Application fors are available at: SX The property owner shall take every reasonable step to prevent further violations of the act. Other(specify) Please contact Kathleen Winn , Salem Conservation Commission at 508-745-9595 ext. 311 , upon receipt of this notice . Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap- ter 131, Section 40 provides: Whoever violates any provision of this section shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or both. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: K a r h 1 a a n win„ -c r � f f e a.,i s o r Issued by Salem Conservation Commission Signature(s) ,I1 A 7 L i (Signature cf-delivery person or certified mail number) CX : John Bertini , 287Canal Salem, Ma. l % yyo riff s-z DEP Pile #: 64-180 W •- - ="-" (to be provided by DEP) Commpoth City/Town SALEM ���f rvlas;a�i tts Original Applicant Bertini's Inc. ����Y b-6�ytly8a+etlb9 ��nya. -Extension.-Permit._ Massachusetts Wetlands Protection Act G.L.C. 131, §40 From: Department of Environmental Protection Issuing Authority To: John A. Bertini, Trustee 284 Canal St. Salem MA 01970 (name) (address) The Order of Conditions (or Extension Permit) issued on February 11 1992 to Bertini's Inc. for work at 284 Canal Street Salem MA is hereby extended for a period of One (1) year(s)from the date it expires. This Extension Permit will expire on February 11 1996 This document shall be recorded in accordance with General Condition 8 of the Order of Conditions. (leave space blank) - 7-1 Issued by: Sabin M. LordJr., Regional En ineer for Bureau of Resource Protection Signature(s): When issued by the Conservation Commission this Extension Permit must be signed by a majority of its members. On this _ day of May 1995, before me personally appeared Sabin M Lord Ir. ' to me known to be the person described in and who executed the foregoing instrument and acknowledged the he/she executed the same as his/her free act and deed. NotaryIPublic My commission expires Detach on the dotted line and submit to the Department of Environmental Protection prior to commencement of work. ................................................................................................................................... To Department of Environmental Protection Issuing Authc.ity Please be advised that the Extension Permit to the Order of Conditions for the project at Hampshire Rd & Oxbow Rd. Salem File Number 64-180 has been recorded at the Registry of _ and has been noted in the chain of title of the affected property in accordance with the general conditions on 19_If recorded land, the instrument number which identifies this transaction is If registered land the document number which identifies this transaction is Signature Applicant i I �I� I li 3 _Z- - I �� 1 a I �I I II � I — ' "I I r i I,' i I : i i v i'' I 1 I li ` y '✓ I t i i i' Daniel S. Greenbaum VVOt/tl/YL, Aw"'a.& oao/ Commissioner 935-2160 John and Clarana Ellis WETLANDS/SALEM 7 1/2 Adams Street File # 64-180 Salem, MA 01970 Acceptance of Appeal Dear Mr. and Mrs. Ellis: The Department of Environmental Quality Engineering is in receipt of your Appeal dated June 22 , 1989 regarding the above referenced project, paving and fencing on Kimball Road. Your appeal is accepted, and you will be notified of further proceedings in matters leading to issuance of a superceding order for the project. This Department, under the provisions of General Laws, Chapter 131, Section 40, will schedule a field investigation with you and all concerned parties in the near future to determine if the areas are significant to the interests of the Act and to informally discuss the relevant issues with parties to the appeal. All parties will receive written notice of the time and place of the site visit. No activity may commence on any portion of the project subject to the jurisdiction of the Wetlands Protection Act, Massachusetts General Laws, Chapter 131 , Section 40 until the Department has issued a Superseding Order of Conditions and all appeal periods have elapsed. When it is this appeal 's turn to be heard, a staff person will be assigned to this case. However, in the interim please contact Mr. Ralph Perkins at 935-2160 ,, should you or any party have any questions. Very truly yours William A. Krol , P. E. Wetlands Section Chief WAK/rp cc: Conservation Commission, City Hall , Salem, MA 01970 John Bertini, c/o Bertini's, Inc. , 284 Canal Street, Salem, MA 01970 1, _ Original Printed on Recycled Paper TAW of ��alru�, ��I�rs�arljttar#t� (Offirr of thr Oto (L.11rrlt ,-y..GnVnn l..r ea �� ?Inr.rpLinr ��. �+Fuxu ,, LL❑y Lr i, : !a e� 0ilu Ila 11 •4�pIHIG P.IW:• July 14 , 1989 Mr . & Mrs . John F . Ellis 7' Adams Street Salem, MA 01970 Dear Mr . & Mrs . Ellis : You are hereby notified that the Salem City Council will hold a Public Hearing in the City Council Chamber on Thursday, August 10 , 1989 at 7 : 00 P .M. regarding an appeal to a decision of the Salem Conservation Commission for the property located at Canal Street and Kimball Road. Very truly yours , ?OSEPHIME R. FUSCO CITY CLERK JRF/deb CERTIFIED MAIL RETURN RECEIPT REQUESTED d�� DOHERTY CONSULTING ENGINEERS, INC . 75 ALBION STREET • WAKEFIELD, MASSACHUSETTS 01880 • 617-245-8751 July 5 , 1989 Mr . & Mrs . Leo Pelletier 7-1 /2 Adams Street Salem, MA 01970 Re : Bertini Restaurant Filling Dear Mr . & Mrs . Pelletier : This letter is in response to our agreement of June 28 , 1989 concerning the reported filling of the Bertini Restaurant Lot . My review and analysis is based on the following : 1 . Discussions with you . 2 . Discussion with Attorney Michael Smerczynski . 3 . Discussion with Mr . Andrew Roberts of the US Army Corps of Engineers , New England Division , Regulatory Branch . 4 . Review of site photos taken between 1961 and 1989 . 5 . Order of Conditions by Salem Conservation Commission dated June 15 , 1989 . 6 . Special Permit Decision of Planning Board dated April 21 , 1988 . 7 . Letter from Gulf of Maine Research Center , Inc . to Attorney Phillip Moran dated April 27 , 1989 . S . Wetlands Report for Notice of Intent by Gulf of Maine Research Center , Inc . dated May 26 , 1989 . 9 . Site visit, June 29 , 1989 . The following opinions are true to my best knowledge and belief : 1 . The information , as submitted in the Notice of Intent to the Salem Conservation Commission , was accurate . The limits of wetlands were correctly delineated in the field and shown on the plan by the Gulf of Maine Research Center , Inc . based on their survey of existing conditions on February 3 , 1988 . 2 . Some time prior to February 3 , 1988 , fill had been placed in a Wetlands Resource Area on site . Limits of this fill are indeterminate at this time without significant soils testing . However , the Town Flood Rate Maps , effective date March 15 , 1977 , show that the limits of the 500 year flood as determined by the Federal Emergency Management Agency , extend ?ar. /& Mrs . Leo Pel letier Ju 1 y 5 , 1989 Page 2 . approximately 700 feet southeast beyond the existing wetlands . This indicates a significant change in topography due to filling . 3 . Reports of abutters and review of recent photos indicate that some of this filling occurred between 1984 and 1987 . Based on the data provided , the Salem Conservation Commission Order of Conditions , along with the Planning Board Special Permit, were correct . In both cases however , conditions prior to February 3 1988 were not taken into consideration . Filling had occurred in a Wetlands Resource Area under the jurisdiction of the Wetlands Protection Act without authorization . This filling has had a detrimental effect on the resource area by permanently altering the vegetation and reducing the flood storage capacity in the area. If you have any questions or comments or require further information , call me . I ' m available to meet with you or any other party to discuss this matter . Sincerely , DOHERTY CONSULTING ENGINEERS , INC . Richard F . Doherty , P . E. President RFD: ajd CF : Mr. Michael Smerczynski fJl1L 071989 Pearl, McNiff, Crean, Cook & Sheehan i1 �a DEPARTMENT OF THE ARMY NEW ENGLAND DIVISION, CORPS OF ENGINEERS 424 TRAPELO ROAD WALTHAM. MASSACHUSETTS 02254 -'- REPLY TO ATTENTION OF: April 17 , 1989 Regulatory Branch CENED-OD-R-34 i John A. Bertini 284 Canal Street Salem, MA 01970 Dear Mr. Bertini : This letter is to inform you that a recent Army Corps of Engineers inspection has revealed that you have Placed unauthorized fill material in the wetland area behind Bertini 's Restaurant, bounded by Canal Street and Adams Street in Salem, Massachusetts . This includes the fenced-in parking area for trucks and construction equipment behind Bertini ' s Restaurant, which the Corps of Engineers has determined to be a filled-in wetland , as well as the entire adjacent area of wooded swamp land, where ongoing filling of the wetland has been documented by the Corps . This letter is to explain Corps ores jurisdiction over such filling, to direct you not to do any further unpermitted filling in areas under Corps jurisdiction , and to request information from you about the fill material which has been placed in the wetland. Let me briefly explain Corps jurisdiction . A Corps of Engineers permit is required under Section 404 of the Clean Water Act ( 33 U. S.C. 1344) for those activities involving the discharge of dredged or fill material in all waters of the United States, including not only navigable waters of the United States, but also inland rivers, lakes and streams , and their adjacent wetlands. In interior waters , our jurisdiction under the Clean Water Act extends landward to the ordinary high water mark of a waterbody or the landward limit of any wetlands . Since we have no record of a Corps permit to Perform the work in wetlands behind Bertini's Restaurent in Salem, you should not perform any further filling in areas under Corps jurisdiction. Violations of the Clean Water Act ( 33 U. S .C. 1251 , et. Seq. ) are punishable by civil and criminal fines up to $25 , 000 per day of violation. Federal regulations require that we investigate any unauthorized work. To assist us in this , please provide the following information. r 1 . Why did the work commence without the necessary Corps permit? 2 . Please furnish us copies of any local , state or federal Permits which you have received regarding wetlands fill at the work site behind Bertini 's Restaurant in Salem. 3 . On what date did the unauthorized placement of fill commence (be specific)? 4 . What percentage of the project is now complete? 5 . What is the volume of fill placed (Cubic Yards) ? What is the area of fill placed (Square Feet) ? 6 . What is the reason for this placement of fill material in the wetland area? 7 . Who actually placed the fill in the wetland areas? S . Please provide drawings , to scale , which show the wetlands at the site as they existed prior to filling and construction and how they now exist. 9 . At any time during the planning of this project, were you aware of Corps jurisdiction? At any time during the construction phase of this project , were you aware of Corps jurisdiction? By copy of this letter, we are informing the Environmental Protection Agency of this case and are soliciting their views and recommendations on its appropriate disposition . Please respond within fifteen days . Failure to respond within fifteen days may result in legal action . If you have any questions , please contact Mr. Roberts of my enforcement staff at 617-647-8575 . Sincerely, Steven W . Congdon Chief, Enforcement Unit Regulatory Branch Operations Division 'C Copies Furnished: Environmental Protection Agency Attn : Doug Thompson WQE-1900 JFK Federal Building Boston, Massachusetts 02203 U . S . Fish & Wildlife Service Attn : Joe McKeon 22 Bridge Street Ralph Pill Marketplace, 4th Floor Concord, New Hampshire 03301-4901 National Marine Fisheries Service Attn : Chris Mantzaris 2 State Fish Pier Gloucester, Massachusetts 01930-3097 Massachusetts DEQE Metro Boston/Northeastern Regional Office Attn: Mr . Ralph Kardon 5 Commonwealth Avenue Woburn, Massachusetts 01801 Massachusetts Coastal Zone Management 100 Cambridge Street Boston , MA 02108 Mr. and Mrs . Leo Pelletier 7 and 1/2 Adams Street Salem, MA 01970 Cathy Winn Salem Conservation Commission 1 Salem Green Salem, MA 01970 , wwpg r S£ ' .$'�' {1...9�'•'yw: ,i" sa,>* tilt.-0 . i DANIELS.GREENBAUM � yy, "Z/Jp/YUYLQ/2LlRPalml '4� Commissioner oN _J O/o^A rr 935-2160 ti C v � December 4 , 1989 T ,. John and Clarana Ellis* ,j� j�`.,,,t WETLANDS/SALEM 7 1/2 Adams Street c_� , ��� D.E. P. File Salem, MA 01970 J, Site Inspection Notice Dear Mr. & Mrs. Ellis: The Department of Environmental Protection is in receipt of your appeal , dated June 22 , 1989 , regarding the above-referenced pro-jec-. In accordance with the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and in preparation to issuance of a Superseding Order of Conditions , the Department has scheduled site inspection with you and all concerned parties . The purposeof this site inspection is to determine if the area is significant t-- the cthe interests of the Act and to informally discuss the issues relevant to the referenced project. Mr. Robert Lucia will be on the site at 10 : 00 AM on Thursday December 14 , 1989 . No activity may commence on any portion of the project subject to the jurisdiction of the Wetlands Protection Act, Massachusetts_ General Laws, Chapter 131 , Section 40 until a Final Order of -,c.^.S _iaE DS-en _Ssue-- , a.=- a-- aDoea- cert Gas _.a . _ yOli is-v'e _n_v ,,uesLlcns euard inC Win'__, ]Matter , t:le?se -,Op'--ac RcDer-- aL Very Truly Yours , idilllan page 2 64-180SI ccs. Salem -Conservation Commission City Hall Salem, MA 01970 Mr. John Bertini c/o Bertini' s Inc. 284 Canal Street Salem, MA 01970 Mr. John Serafini , Sr. , Esq. 63 Federal Street Salem, MA 01970 Office of Sen. Edward M. Kennedy 2400 JFK Federal Bldg. Boston,MA 02203 Attention: Andrea Yacovakis Mr. Vincent Furfaro, President Citv Council Salem City Hall Salem, MA 01970 �i Conservation Commission Salem. Massachusetts 01970 y VASSn�� TO: Conservation Commission Members FROM: Kathy Winn, Conservation Administrator L"-) RE: Enforcement Order - Paul LeBlanc, John Bertini A discussion of possible violations to the Wetlands Protection Act at the site of Pumel Construction will be continued at this week's meeting. Members conducted a visit to the site on April 1, 1989. During the visit, members also heard residents'complaints regarding the condition of a drainage pipe installed on Kimball Road in connection with the proposed Loring Plaza development. Attached for your information are copies of Orders of Conditions issued by the Conservation Commission and by the Planning Board in connection with the pipe installation. i Mr. LeBlanc and Mr. Bertin will be present and area residents are ' expected to attend. Attachments M48 WP DEPARTMENT OF THE ARMY NEW ENGLAND DIVISION, CORPS OF ENGINEERS 424O ROAD � WALTHA M, MASSACHUSETTS 02254 ' REPLY TO R 6. r~ 0� I V EL)1 I ATTENTION OF: April 17, 1989 L V F.... j t] L/ n Regulatory Branch pP?, � CENED-OD-R-34 'Al Fri P!4;:'tiiP1 ?FPT. John A. Bertini 284 Canal Street Salem, MA 01970 Dear Mr. Bertini: This letter is to inform you that a recent Army Corps of Engineers inspection has revealed that you have placed unauthorized fill material in the wetland area behind Bertini"s Restaurant, bounded by Canal Street and Adams Street in Salem, Massachusetts. This includes the fenced-in parking area for trucks and construction equipment behind Bertini"s Restaurant, which the Corps of Engineers has determined to be a filled-in wetland, as well as the entire adjacent area of wooded swamp land, where ongoing filling of the wetland has been documented by the Corps . This letter is to explain- Corps jurisdiction over such filling, to direct you not to do any further unpermitted filling in areas under Corps jurisdiction, and to request information from you about the fill material which has been placed in the wetland. Let me briefly explain Corps jurisdiction. A Corps of Engineers permit is required under Section 404 of the Clean Water Act (33 U. S.C. 1344) for those activities involving the discharge of dredged or fill material in all waters of the United States, including not only navigable waters of the United States , but also inland rivers, lakes and streams , and their adjacent wetlands . In interior waters, our jurisdiction under the Clean Water Act extends landward to the ordinary high water mark of a waterbody or the landward limit of any wetlands. Since we have no record of a Corps permit to perform the work in wetlands behind Bertini"s Restaurent in Salem, you should not perform any further filling in areas under Corps Jurisdiction. Violations of the Clean Water Act (33 U. S.C. 1251 , et. Seq. ) are punishable by civil and criminal fines up to $25, 000 per day of violation. Federal regulations require that we investigate any unauthorized work. To assist us in this , please provide the following information. 1 . Why did the work commence without the necessary Corps permit? 2 . Please furnish us copies of any local, state or federal permits which you have received regarding wetlands fill at the work site behind Bertini's Restaurant in Salem. 3 . On what date did the unauthorized placement of fill commence (be specific)? 4 . What percentage of the project is now complete? 5 . What is the volume of fill placed (Cubic Yards) ? What is the area of fill placed (Square Feet) ? 6 . What is the reason for this placement of fill material in the wetland area? 7 . Who actually placed the fill in the wetland areas? 8 . Please provide drawings , to scale, which show the wetlands at the site as they existed prior to filling and construction and how they now exist. 9 . At any time during the planning of this project, were you aware of Corps jurisdiction? At any time during the construction phase of this project, were you aware of Corps jurisdiction? By copy of this letter, we are informing the Environmental Protection Agency of this case and are soliciting their views and recommendations on its appropriate disposition. Please respond within fifteen days . Failure to respond within fifteen days may result in legal action. If you have any questions , please contact Mr. Roberts of my enforcement staff at 617-647-8575 . Sincerely, Steven W. Congdon Chief, Enforcement Unit Regulatory Branch Operations Division Copies Furnished: Environmental Protection Agency Attn: Doug Thompson WQE-1900 JFK Federal Building Boston, Massachusetts 02203 U. S. Fish & Wildlife Service Attn: Joe McKeon 22 Bridge Street Ralph Pill Marketplace, 4th Floor Concord, New Hampshire 03301-4901 National Marine Fisheries Service Attn: Chris Mantzaris 2 State Fish Pier Gloucester, Massachusetts 01930-3097 Massachusetts DEQE Metro Boston/Northeastern Regional Office Attn: Mr. Ralph Kardon 5 Commonwealth Avenue Woburn, Massachusetts 01801 Massachusetts Coastal Zone Management 100 Cambridge Street Boston, MA (12108 Mr. and Mrs . Leo Pelletier 7 and 1/2 Adams Street Salem, MA 01970 Cathy Winn Salem Conservation Commission 1 Salem Green Salem, MA 01970 Commonwealth of Massachusetts . Executive Office of Energy &Environmental Affairs Department of Environmental Protection Northeast Regional Office•2058 Lowell Street, Wilmington MA 01887.978-694-3200 DEVAL L PATRICK ® RICHARD K.SULLIVAN JR. Governor Y!y Secretwy TIMOTHY P.MURRAY KENNETH L.KIMMELL Lieutenant Governor ,''; � �t Commissioner June 27, 2013 John A. BertinioJ� RE: WETLANDS/Salem 284 Canal Street DEP FILE #064-0180 Salem, MA 01970 284 Canal Street Salem, MA 01970 Certificate of Compliance Status Dear Mr. Bertini: The Northeast Regional Office of Massachusetts Department of Environmental Protection, Wetlands Program ("MassDEP"), is currently engaged in an initiative to identify projects that have received a Superseding Order of Conditions ("SOC") and have not obtained a Certificate of Compliance. According to our records, MassDEP issued a SOC on February 11, 1992 to John A. Bertini for the construction of an addition to an existing parking lot. Based upon a review of the information contained in our file, MassDEP has determined that the SOC for this project expired on February 11, 1996. In accordance with the Wetland Regulations at 310 CMR 10.05(9)(a), "Upon completion of the work described in a Final Order of Conditions....the applicant shall request in writing the issuance of a Certificate of Compliance stating that the work has been satisfactorily completed." Additionally,the Regulations state that the failure to comply with a Final Order is a violation of the Act(see 310 CMR 10.08(1)(a)). In order to obtain a Certificate of Compliance, please complete and submit the attached Form 8A and include the information described in the Special Conditions that are part of the SOC. Upon receipt of your Request, MassDEP staff will conduct a site inspection to confirm compliance in order to proceed with issuance of a Certificate of Compliance. If you have any questions, or if you can demonstrate that the project has already received a full Certificate of Compliance please contact Jill Provencal at 978-694-3250 or at jill.provencal@state.ma.us. This information is available in alternate format.Call Michelle Waters-Ekanem Diversity Director,at 617-292-5751.TDD#1-866-539-7622 or 1-617-574-6868 MassDEP Website:www.mass.gov/dep Printed on Recycled Paper Sincerely, eidi M. Davis Acting Section Chief Wetlands Program-NERO cc Salem Conservation Commission, 93 Washington Street, Salem, MA 01970 2 SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACHUSETTS 01070 JOHN R, SERAFINI,OR, JOHN R. SERAFINI,JR. TELEPHONE JOHN E. OARLINO 506.744.0212 -^' ELLEN M.WINNLER 617-561,2740 JOSEPH C.CORRENTI TELECOPIER 506.741.4663 September 17, 1993 Mr. John Bertini ` Jefferson Trust 284 Canal Street Salem, MA 01970 RE: Jefferson Avenue, Salem Dear John: The Conservation Commission has reported that the following items are outstanding in connection with the above property. 1. a pipe located approximately ten feet from the Pelletier property which is supposed to be sealed has not been: 2, the shed that is supposed to be moved either isn't moved at all or is not moved far enough. 3. more hemlocks are needed to be planted. 4. the tenant trucks which should be backing into the fenced area are not doing so. 5. the crushed stone which should be on the parking area is not there. Will you please review this list and call me so that we can report to the Conservation Commission at their meeting on Thursday, the twenty-third. Sincerely, JRS,SR./ln J2 R. SERAFINI, SR. 4 SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM, MASSACMUSETTS01970 JOHN q, 9f_q AI1N1,SR, JOHN R. SEPAEINI,JR. TELEPHONE JOHN E. OARLINO 606.944.0212 ELLEN H.WINNLER 617.661.2743 JOSEPH C.COPRENTI TELECOPIER 606.741.4663 January 28, 1993 Ms. Betsy Horne Conversation Commission One Salem Green Salem, MA 01970 RE: Case No. 64-159 Dear Betsy: Enclosed please find the proposed Certificate of Compliance which we would ask the Board to review and to take any action necessary at their convenience. Mr. Smerczynski and I have agreed to this on behalf of our respective clients. Sincerely, 2HdNR. �JRS,SR. /ln SERAFINI, R. -. enclosure .I PROPOSED CERTIFICATE OF COMPLIANCE . AS TO ORDER or CoNpI IONg NO 64 159 A Certificate of Compliance relating to the above Order of Conditions is hereby granted subject to completion of the following work by the Petitioner. 1. Removal of debris and shed on Petitioner's property, shown on Lot 11, directly behind the property shown as Ellis on the attached plan. 2. Installation of a forty (40) feet long by six (6) feet high fence between Lot 10 and Lot 11, as shown on the attached plan. 3. Sequential planting of hemlock trees along the Ellis property fence and the fence to be constructed. 4. Installation of a grate over the end of the existing drain pipe on Lot 11, as shown on the attached plan. 5. Lot 11 to be kept reasonably clear of debris by the Petitioner. 6. Failure by the Petitioner to conform to the above conditions shall be cause to revoke the Certificate of Compliance by the Salem Conservation Commission. I- 639.0223 A RR LANDSCAPE 9 INC, P.O. Oe: 70 M*rhlehf'md. MA 01946 ' - �>`' '��� �.c'r,//_mac--L? :eo���i.�€s .__ ... ./._-G�_-•__•�. ���_ ._.__.�!��---�'�P-•,/cam_C����e�. ...>c��iC� sas.oaas ARR LANDSCAPES INC. P.O. Box To Moblob"d, MA 01946 9z ���N �C]C�/• f•rt ' Eel �G'/nHtrcJ �•�r- ,�/�_�'r- Scree NZ 2s• s 3 e•f7'rr�vi � .� . f�oaiE r r dos• Choln An ooR c A•'b 1 3 � .k ro c o a a .� n .. i odenhiser M°'i j63• Y� o• /SSs yo 65 � I � �h• Q/S33 .40 roa I .94 4• Pelletier 3617,278 0 o1.5 , GULF OF MAINE RESEARCH CENTER INC. 27 Congress Street SALEM, MAiSACHUSETTS 01970 DATE 7/13/90 JOB NO. /b` 5.661 17\ 748 ATTENTION 1 YJ vVl RE: TO Salem Concervation Commission One Salem Green , Salem, Ma. 01970 V'`J4 9 r1 .__— WE ARE SENDING YOU ❑ Attached ❑ Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 1 GMRC Letter to DEP re: 284 Canal Street Salem, Ma. 1 Plan 1 Carters & towers Engineering Corp. Report THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submitcopies for distribution ❑ As requested ❑ Returned for corrections ❑ Return_corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: PROIXiD 2462 Im,eomn,e>¢01471. If enclosures are not 88 noted, kindly notify us at once. CRY GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES Commonwealth of Massachusetts July 12, 1990 204 LAFAYETTE STREET Department of Environmental Protection Via Federal Express SALEM, MA 01970 Metropolitan Boston-Northeast Region (508)745-6618 5 Commonwealth Avenue FAX(509)741-8648 Woburn,Massachusetts 01801 ATTENTION: Mr. James Sprague, Wetlands Section RE: Wetlands at 284 Canal Street,Salem, Massachusetts:Property of Bertini (DEP File No. 64-180) Dear Mr. Sprague: This letter is to provide further information pursuant to the appeal of the above- referenced Notice of Intent. In an April 26, 1990 letter from your office at the Department of Environmental Protection,you requested additional engineering information which you felt was necessary in order to proceed in the review of this case. Because of the death of the original project engineer,a second engineering firm(Carter and Towers Engineering Corp., Swampsoctt,Massachusetts) was contracted to provide the requested information. Enclosed herewith,please find,in duplicate, the following requested engineering information from Carter and Towers Engineering Corp: 1. Drainage calculations characterizing the existing and proposed conditions for the 1, 10, and 100 year storm events. 2. A detailed Site Plan of the existing and proposed drainage outfalls,including detailed descriptions and specifications for all mitigative measures. 3. A letter from the site engineer detailing proposed maintenance procedures. 4. Documentation of the graphs, tables, etc. used in the preparation of the Drainage Report. Please note that the proposed site drainage has been re-designed in order to better meet the performance standards of the Wetlands Protection Act,thereby protecting the interests of the Act. No net increase in peak flow into the wetlands will occur during the 10 or 100 year storm event following project implementation; a PVC gasoline trap in a manhole structure will minimize petroleum hydrocarbon pollution of the wetland; and, erosion control barriers will be placed between the wetlands and the project locus. Please don't hesitate to contact me or my associate John Bleiler if any further questions arise regarding this matter. incer ly, g Mulligan, PhD Director GULF OF MAINE RESEARCH CENTER INC. cc: John Bertini, 284 Canal Street, Salem, MA 01970 John Serafini, Esq., Serafini, Serafmi&Darling, 63 Federal Street, Salem, MA 01970 John & Clara Ellis, 7 1/2 Adams Street, Salem, MA 01970 Claire Pelletier,7 Kimball Road, Salem,MA 01970 Michael Smerczynski,Esq.,Pearl, McNiff, Crean, Cook, & Sheehan, 30 Main Street,Peabody, MA 01960 Salem Conservatn Coiommission,One Salem Green, Salem,MA 01970 CARTER & TOWERS ENGINEERING CORP. .7ccec�d, 7�occredpLaiz�� iad Joseph D.Carter Prolessronal Engineer 6 FAIRVIEW AVENUE Regrslered Land Surveyor SWAMPSCOTT, MASS. 01907 Tel. 592-8386 July 9 , 1990 Mr. Jim Sprague D.E.P. Northeast Region RE: Wetlands/Salem 5 Commonwealth Avenue File #64-180 Woburn, MA 01801 Dear Jim: As per the letter from your office dated April 26 , 1990, addressed to Mr. John Bertini regarding the above referenced file number, please find enclosed herewith the following: 1 . Plans depicting the proposed project. 2 . Drainage Report. It should be noted that the drainage design has been realigned in deference to the neighbors along the southerly property line and because of an unworkable grading situation. In short, we have done away with the proposed catch basins and drainage will now empty to a proposed grass swale at the rear of the Proposed parking lot by way of overland flow. This revision does away with the connection to the existing 18" RCP drain and the work required for it 's installation. This will help mitigate im- pacts on the neighborhood to the south of the project. The proposed grassed swale will considerably mitigate the peak flow to the abutting wetlands , ( see Drainage Report) . Also, the outlet from the swale will be fitted with a PVC gasoline trap in a manhole structure. Inspection of the structure will occur semi-annually and maintenance will occur annually by pumping the structure and appropriately disposing of polluted storm water. Maintenance and inspection are to be performed by the owner'. Lastly, velocity reducers in the form of 6" stone are to be placed at the discharges created by this project. To recap the letter of April 26, 1990 we have provided the following: 1 . Drainage calculations for 1 , 10,& 100 year storm events . 2 . Detailed plans for proposed drainage outfalls including velocity reducers for mitigation purposes . 3 . A maintenance schedule & procedure have been outlined above . 4 . The Drainage Report includes extensive documentation for this design. Very true yo rs, 1 /tic Charles E. Wear, SII Enclosures cc: John Bleiler, John Serefini & John Bertini CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING DRAINAGE REPORT CANAL STREET & KIMBALL ROAD SALEM, MASS. JULY 3 , 1990 CARTER & TOWERS ENGINEERING CORPORATION 6 FAIRVIEW AVENUE SWAMPSCOTT, MASS. 01907 Purpose and Scope This project consists of constructing a 23 , 700 s . f . paved parking lot at the rear of the existing parking lot for Bertini ' s Restaurant on Canal Street in Salem. In order to mitigate impacts of increased run- off due to the project, a grassed swale with a storage capacity of . 05 acre-ft. is also proposed. It should be noted analysis has been performed solely for the pro- posed parking area. By taking advantage of swales all drainage from existing areas to remain undisturbed has been diverted around the pro- posed parking area and into the wetland it currently runs to. There- fore, no analysis of these undisturbed areas is necessary. Methodoliqy Drainage calculations were performed using the SCS Method and software developed by "DrainCalc. " Flows were determined for 100, 10 and 1 year events . Summary Storm Size Existing Flow Proposed Flow Change 100 Year 5 CFS 4 . 7 CFS -0 . 3 CFS 10 Year 3 . 5 CFS 3 . 5 CFS 0 CFS 1 Year 2 . 1 CFS 2 . 3 CFS + . 2 CFS Conclusion Construction of this project will not impact upon the abutting wetland. INPUT THE FUNCTION DESIRED, (O=MENU) 4 -------------------------- EXISTING SUBCATCHMENT DATA -------------------------- SUBCA-1 #1 U00Y17. ---------- i= ARE" .6 AGES CN= 89 ' C- 7 PEAK FLOW= 5 CFS RAINFALL= 6.42 INCHES SUBCAT #2 AREA= .6 ACRES (/oo Yzn� EVEN- > OPo ago 7a CN= 98 G,ziaSS Sw,4LC) TC= 6 PEAK FLOW= 6 .6 CFS RAINFALL= 6.42 INCHES SUBCAT #3 AREA= . 6 ACRES (10 YiEA,2 CN= 89 TC= 7 PEAK FLOW= 3.5 CFS RAINFALL= 4.31 INCHES SUBCAT #4 AREA= .6 ACRES (/0 Y2. �.tEi.rr- �^ GzassGD CN= 98 TC= 6 PEAK FLOW= 4.9 CFS RAINFALL= 4.81 INCHES SUBCAT #5 AREA= 6 ACRES ( I `(!Z. CN= 89 TIC= 7 PEAK FLOW= 2. 1 CFS RAINFALL= 3.21 INCHES SUBCAT #6 ---------- AREA= . 6 ACRES CN= 98 Grr�SSEO Sw ate) TC= 6 PEAK FLOW= 3.2 CFS RAINFALL= 3 .21 INCHES --------------------- EXISTING POUTING DATA POND # 4 (GfL4sSE� S`�+At_e -/Ob Y2.---------- EVTc.�rT) PEAK OUTFLOW= 4. 71 CFS MAX. NATER STORED= .05 AC. FT . POND_#_5_ � G2ss5E0 Sw/LLE - /d Y2, PEAK OUTFLOW= 3. 5 CFS MAX . WATER STORED= .03 AC . FT . POND # 6 _ _ __ PEAK OUTFLOW= 2.271 CFS MAX. WATER STORED= .02 AC. FT . . - ? �W.. ':.Y Ly x�'..5 i .g T a ?x:. n.:4 i. Y t•9 'F' ..�-. HYDROGRAPH FOR SUBCATCHMENT #1 ( loo YEAXZ E./E,.r'T------------------------------- CUBIC FEET PER SECOND HOUR 10 *0 10 . 1 *0 10 .2 *0 10 .3 *0 10 .4 *0 10 .5 *. 1 10 .6 *. 1 10 .7 * . 1 10 .8 *. 1 10 .9 *. i it * . 1 11 . 1 **.2 11 .2 ** .2 11 .3 ** .2 11 . 4 ** .2 11 .5 ***.3 11 .6 *******.6 11 .7 12 12. 1 12 .2 ***********.9 12.3 12 .4 *********.7 12 .5 *******.6 12.6 ******.5 12.7 *****.4 12 .8 ***** .4 12. 9 *****.4 13 *****. 4 13. 1 ***.3 13 .2 ***.3 13.3 ***.3 13 .4 ***.3 13.5 ***.3 13 .6 ***.3 t 13.7 ** .2 13 .8 ** .2 1 :3 .9 ** .2 14 ** . 2 14. 1 ** .2 14 .2 ** . 2 14 . 3 ** .2 14 . 4 **.2 14 .5 ** .2 14 .6 **.2 14 . 7 ** .2 14.8 **.2 14 .9 **.2 15 **.2 15. 1 ** .2 15 .2 ** .2 15.3 ** .2 r.. J 3 •cr P{S'{...'-� '" v�T,,i . si'- NK, S :: +!"L,i r'F' i.:,5� lh� i�. iv�"'.e'. 3 } i k} e KK HYDROGRAPH FOR SUBCATCHMENT #2 (/O0 Y�Q,,2 ��JE�FJ=��C�F1pSE� GowCmptil CUBIC FEET PER SECOND HOUR. 10 *0 10 . 1 *0 10 .2 *0 10 . 3 *0 10 .4 *0 10 .5 * . l 10 . 6 *. 1 10 .7 *. 1 10 .8 *. 1 10 . 9 *. 1 11 ** .2 11 . 1 ** .2 11 .2 **.2 11 .3 ***.3 11 .4 ***.3 11 .5 ***.3 11 .6 *******.7 11 .7 ********************2 12 12. 1 12 .2 **********1 12.3 12 .4 12.5 ******* ,7 12.6 ******.6 12.7 *****,5 12.8 ***** .5 12.9 *****.5 1; 13 ****.4 13. 1 ****.4 13 .2 ***.3 13.3 ***.3 13.4 ***.3 13.5 ***.3 Alli 13 .6 ***.3 13.7 ***,3 13.8 ***.3 13.9 ***.3 14 ***,3 14 . 1 ***.3 14 .2 ** .2 14 .3 **.2 14 .4 ** .2 14 .5 ** .2 14.6 ** .2 14 .7 **.2 14 .8 ** .2 14.9 **.2 15 ** .2 15. 1 ** ,2 15 .2 **.2 15.3 ** .2 1C A YY 7 77- STORAGE FOND #4 DATA �G24.SSi� �aL-E -------------------- /oC� Y 2, ��1EA4 ------------------------------------------------------------------ TiME INFLOW OUTFLOW ELEVATION STORAGE HF. GFS = ACRE-FT . ------------------------------------------------------------------ 10 .0 0 . 0 0 . 0 13 . 1 0 .0 10 . 1 0 . 0 0 . 0 13 . 1 0 .0 10 ,2 .P. ilii C. .0 10 . 3 O .G 0 , U i _ , i 0 .0 ^ _ .0 I . _ 0 ,6 i; ,ri i ._I , i . 1 i3 . 1 _ . I: . 2 ii . 2 - i 2 1 . i 0 .0 11 .3 . 3 . 2 IS. 0 .0 11 .4 .3 .3 13 . 0 .0 11 .5 .3 .3 13.2 0 .0 11 . 6 . 7 . 4 13.2 .01 11 . 7 2 .0 1 .0 12 . .0i 11 .8 6 .6 3 .0 13.7 .04 11 .9 5 .0 4, 7 14 .0 05 12.0 3 .2 4.3 13 .9 .04 12. 1 1 .6 3 .2 13 .7 .02 12.2 1 .0 2 .0 13.5 . 01 12.:3 1 . 4 13 .4 . 01 12 .4 i . l 13.3 . 01 12 .5 13 . i .01 12 . ,. 12 .2 . 01 12.7 . 6 13 .2 . 01 12 . 8 . 6 1 = .L 0 .0 12.9 . 5 . 5 13 .2 0 . 0 13. 0 . 4 .5 13 .2 0 .0 13. 1 .`t .4 13 .2 0 ,0 13.2 . 3 .4 13.2 0 .0 13. 3 . 3 .3 13 .2 0 .0 . 3 .3 13 .2 01 .0 13. 5 .3 13 .2 0 . 0 3 = 13 . 2 0 .0 13 . 2 0 .0 13 .8 . 3 13.9 . 3 . 3 13 .2 0 .0 i4.0 .3. 13 .2 0 .0 14. 1 .3 . 3 13. 2 0 . 0 14 .2 . 2 .3 1 .3 .2 0 . 0 14. 3 . 2 . 2 i3. 1 0 .0 i4 . 4 . 2 . 2 13 . 1 0 .0 14. 5 . 2 . 2 1:3 . 1 0 . 0 14.6 . 2 .2 13 . 1 0 . 0 14. 7 .2 10 . 1 0 .0 14.5 . 2 .2 13 . 1 0 .0 14.9 . 2 2 13. 1 0 .0 7 tx c _i YNW Y K �."•`..Yf " ,c uM1 S. t <f'f ("� a• 'W J 111,211,11111111 HYDROGRAPH FOR SUBCITCHMENT #3 ()0 1fi 5Ajz JE.i C.A- �X l 'TI J ccw 401 TION S' - ----------------- --___-_- - --- -- -_, CUBIC FEET PER SECOND HOUR 10 *0 10 . 1 *0 10 .2 *0 10 .3 *0 j 10 .4 *0 10 .5 *0 10 .6 *0 10 .7 *. 1 10 .8 *. 1 10 .9 * . 1 11 * . 1 11 . 1 *. 1 11 .2 *. 1 11 .3 ***. 2 11 .4 ***.2 11 .5 ***.2 11 .6 12 *************************************2 12 . 1 ******************1 12 .2 12.3 *********.5 12 .4 *********.5 12 .5 *******.4 1.2 .6 *****.3 12.7 ***** .3 _ 12.8 *****.3 12.9 *****.3 :.. 13 *****.3 13. 1 *** .2 13 .2 ***.2 13 .3 ***.2 13 .4 ***.2 13. 5 ***. 2 13 .6 ***.2 13. 7 ***. 2 13 .8 ***.2 13. 9 ***.2 14 ***,2 14 . 1 * . 1 14 .2 * . 1 14. 3 * . 1 14 . 4 *. 1 14 .5 * . 1 14.6 * . 1 14 . 7 *. 1 14 .8 *. 1 14 .9 *. 1 15 * . 1 15. 1 *. 1 15.2 *. i 15. 3 *. 1 5 3ON i y a lz - HYDROGRAPH FOR SUBCATCHMENT #4 ( 10 YFe4 -z -._ .-- ---------------------------=--- _ G'O�-ICDJ^7"70i../SSwn( - CUBIC FEET PER SECOND HOUR 10 *0 10 . 1 *0 10 .2 *0 10 .3 *0 10 . 4 *0 10 .5 *0 10 .6 *. 1 10 , 7 * . 1 10 .3 *. 1 10 .9 *. 1 11 .2 **.2 11 . 3 **.2 11 .4 ** .2 11 .5 ****.3 11 .6 ******.5 11 .7 12 12. 1 12 .2 *********. 7 12.3 ********* ,7 12.4 12.5 ******.5 12 .6 *****.4 12.7 *****.4 12 .8 ****.3 12 .9 ****.3 13 ****.3 13. 1 ****.3 13 .2 **** .3 13 . 3 ****.3 13. 4 ** .2 13.5 **.2 13 .6 **.2 13. 7 **.2 13.8 **.2 13. 9 **.2 14 ** .2 14 . 1 **.2 14 . 2 **.2 14. 3 **.2 14 . 4 **.2 14 .5 **.2 14 .6 **.2 14 .7 *. 1 14 .8 *. 1 14 .9 *. 1 15 *. 1 15. 1 *. 1 15 .2 *. 1 15 .3 *. 1 STORAGE GOND #5 DATA a -------------------- !o Y2. ------------------------------------------------------------------ TINE 1NFLObd OUTFLOW ELEVATION STORAGE HR . CFS CFS ACRE-FT . ------------------------------------------------------------------ 10 . 0 0 .0 0 .0 13. 1 0 .0 ill . l 0 .0 0 . 0 13. 1 0 . 0 10 . 2 0 ,0 l . 0 i3. 1 0 .0 10 .3 0 . 0 0 , 0 13. 1 0 .0 10 . 4 0 .0 0 . 0 131. 1 0 .0 10 . 5 0 . 0 . . J 113. 1 0 .0 iCI . _ . 1 0 .0 13. 1 0 .0 110 .7 i 1 13. 1 0 .0 10 . - . 1 . i 113. 1 0 .0 10 .9 . 1 . 1 13 . 1 0 . 0 11 . 0 i 1 13. 1 0 .0 11 . 1 1 13. 1 0 .0 11 .2 .2 . 1 13. 1 0 .0 111 . _ 2 13-1 0 . 0 11 .4 .2 . 2 13. 1 0 . 0 11 . 5 13. 1 0 .0 11 . 6 .S � 13.2 0 .0 111 .7 1 .5 .7 1 .' .Oi 11 .3 4.9 2.2 11"5 . 03 ii .9 3.7 3. 31 12. IS .03 12 .0 2.4 3 .2 i ?. . . 03 12 . 1 1 2 . 3 13.5 .02 12 . 2 1 . 5 113.4 .01 12 ,:3 .7 1 .0 13. 3 OI 12 . 4 . 6 13.2 Oi . - .5 .5 . 6 13.2 .0 ' 12 . E .4 . 5 13.2 0 . 0 _.? a 5 . _ .- C . O 12 . 8 . 3 . 4 13.2 O . CI 12 . 9 . 3 . 2 13.2 0 ,11 1 :3 . 01 13.2 0 . 0 13 . 1 .0 113.2 Ll . 0 13. 2 . :3 13.2 0 .0 13 . ° 3 3 1 ,. - 0 . 0 13. 4 . 2 0 . 0 i3 .5 .2 .2 13. 1 0 .0 . 2 . . . i 0 '. 0 1 .11 .7 . 2 1 = . 1 0 . 0 13.8 . 2 131 . 1 0 .I_I 13 . 9 ._ . 2 13. 1 CI .CI 14 . 0 2 2 13. 1 0 . 0 14 . 1 2 13. 1 0 . 0 14 .2 .2 0 .0 14 . 3 . 2 . 2 13. 1 0 .0 14 .4 2 2 1:3. 1 0 . 0 14 . 5 . 2 . 2 i3. 1 0 .0 14 , •5 . 2 . 2 13. 1 0 .0 14 .7 . 1 . 2 113. 1 0 .0 14 . 8 . 1 . 1 12. 1 0 .0 fa c i 1 1R_ t n _n 1 fta� x r£fsP c t 1 HYDROGRAPH FOR SUBCATCHMENT #5 K u„r� 1 YEa lav--------------------------------- dui ss-��-IG cir�c�l CUBIC FEET PER SECOND HOUR 10 *0 10 . 1 *0 10 .2 *0 10 .3 *0 10 .4 *0 10 .5 *0 10 .6 *0 10 .7 *0 10 .3 *0 10 .9 *0 11 11 . 1 11 .2 ***. 1 11 .3 ***. 1 11 .4 ***. 1 11 .5 ***. 1 11 .6 ******.2 11 .7 12 12 . 1 12.2 ************.4 12 .3 12 .4 12 .5 *********.3 12.6 ******,2 12.7 ******,2 12.3 ****** .2 12.9 ******.2 13 ***. 1 13. 1 ***. 1 13 .2 ***. 1 13.3 13.4 13.5 13 .6 13. 7 13 .8 13.9 14 14 . 1 ***. 1 14.2 *** . 1 14 .3 14.4 14 .5 14.6 *** . 1 14.7 14.8 14 .9 15 15. 1 15.2 15.3 ***. 1 i_G A Y.. 1 1 f HYDROGRAPH FOR SUBCATCHMENT #!6 Y L 6JE�- f=� Cpup� ncv is ------------------------------ . CUBIC FEET PER SECOND HOUR 10 *0 10 . 1 *0 10 .2 *0 10 .3 *0 10 .4 *0 10 . 5 *0 10 .6 *0 10 .7 *0 10 .8 ** . 1 10 .9 **. 1 11 ** . 1 11 . 1 ** . 1 11 .2 ** . 1 11 .3 **. 1 11 .4 **. 1 11 . 5 **** .2 11 .6 11 .7 ********************1 11 .9 12 12 . 1 12 .2 12.3 ********. 4 12.4 ********,4 12.5 ********.4 12 .6 ****** ,3 12.7 ****.2 12.8 ****.2 12. 9 ****.2 13 ****.2 13. 1 ****. 2 13 .2 **** .2 13 .3 **** .2 13.4 **** .2 13. 5 ****.2 13.6 **** . 2 13.7 ** . 1 13.8 ** . 1 13. 9 ** . 1 14 **. 1 14 . + ** . 1 14 .2 ** . 1 14. 3 ** . 1 14.4 **. 1 14 . 5 ** . 1 14 .6 ** . 1 14.7 ** . 1 14 .8 **. 1 14 . 9 **. 1 15 **. 1 15. 1 **. 1 15.2 **. 1 15. 3 **. 1 -------------------- / " K ----------- --- --_ - - T . ____________ 10 .0 _ _ j cl 10 . 2 0 . 0 11 . c 11 A _ 11 . 4 i _ _ , . i , _ 1 1 . 5 .2 _ is-,_ 0111- ii . 6 ,21 . 6 . 4 . L 1 _ . _ is 1 i- 1 _ . 10 V , J 1312 _ 1 1 1 . _ 3 . 2 1 , - 1A. . 02 11 .> 2 . 4 _ . _ 13 . 5 102 12 . 0 1 , `_ 2 . 1 1S . 5 . _ _ 12. 1 , 1 . 5 13A . Q 1 12 .2 1 ^ . = . 0i 12 . 8 . . , =i _ . 01 12 . 4 . c 13.2 _ . 12 . 5 . . 4 13 . `. c a 11-1 _ 12 . 6 . _ . 13 .2 _ .0 12 . 7 , _ 13.2 _ . 1 i 12 .8 v t . 2 1 3 , 1 001 1 13 . 0 . 2 . _ _ . 0 .r . 2 13 . 1 : . 13 1 : . _ 0 . 13 . 2 1 . . 0 . 0 13 . = - - 11 . 7 1 A 13 , 1 0 1 = . t 0 01 14 . 2 14 , 3 1 i _ . 4 . 4 i _ . 0 14 . 5 i a 13 . 1 0 . 0 14 . 6 1 13. 1 010 14 . 1 1 13 . 1 0 . 0 1 := . 1 = . _ 14 . 1 i 13is CARTER & TOWERS ENGINEERING CORP. Joseph D.Carter Professional Engineer 6 FAIRVIEW AVENUE Registered Land Surveyor SWAMPSCOTT.MASS. 01907 Tel. 592-8386 0 IL CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING 11MEMACE t3@0119 CARTER a TOWERS ENGINEERING CORP. (Q '� .�i�ar�e, Toacvraeland���ic�e. J~D.Carter - Proleaaional EnVAw 8 FAIRVIEW AVENUE Rapiuered land Surveyor _ SWAMPSCOTT.MASS. 01907 701. 592-8388 PA 21C/AJGr r—c+-r n Wei 0 v C� I � Ex�S7"7wJCu �LL . _rrw"t QV CO 6.0 Frew3.._3. I II SLOPoC Cid Wv Q MACAl e . Stern aJ A—A r uc GAs 'rTtAI— Tpw c2a Cry oP Sn�tM Pf2ECnJT .iv?M+laca�.__. 2c SWAI 13brroVn 01 KE q v L' T CIVIL ENGINEERING PERCOLATION TESTS SEWAGE DISPOSAL DESIGNS SURVEYING MM69ACE IMOM \6 1 EDGE OF WETLAND FLAGGED BY GULF OF MAINE 6 RESEARCH CENTER FEB. 3, 1990, AND FROM PLAN /4 BY T 8 M ENGINEERING ASSOC., INC,( SEE NOTE) e sd'i 6 7 9 0\ q PROPOSED EARTHEN DIKE (TOP OF DIKE 14.1) < 1g �5.6) � �(E•V S 2� PROP. `� GR SED BERM / 6 4i; PROPOSED PVC GASOLINE TRAP IN H STRUCTURE S ALE / A) INV. = 13.1 ( SEE DETAIL ) ses) 5�- Rp (14 (2)PRO D 12" RCP S= .01 �!y O4:. °3 C� E EXIST \Q. + OBIT �� \ 13.o PAVE NOTES. s.zJ\ /s� <OT + l 61 I. ALL 3:1 SLOPES, EARTH SWALES, AND EARTHEN 9p BIT. (/s ti 16. DIKES ARE TO BE LOAMED AND SEEDED. SWALE 2. TOP OF EARTHEN DIKE TO BE ELEVATION 14.2 . (r� , AL / PR BIT 3. HAYBALES TO BE STAKED INPLACE ALONG LIMIT _ OF PROPOSED CONSTRUCTION, 15-9 BERM /s.' /s i 4. EXISTING FILL AT REAR OF LOT TO BE REMOVED., PROP. y GRASSED SWALE � Q 14,8 GE EXIST. EXISTING PAVED ARKING AT VEMENT AREA /4.3 RMc GARAGE 6 \ I LEGEND: / 19.7 EXISTING SPOT ELEVATION EXISTING CONTOUR PROPOSED SPOT ELEVATIONBERTINI'S / / 5 —x— CHAIN LINK FENCE RESTAURANT / :CARRUNOFF FLOW DIRECTION I, SWALE ) / VELOCITY REDUCER / 10 % SLOPE BIT, BERM WETLAND FLAGGING. PROPOSED 3:1 SLOPES S-TREET O BENCHMARK: RIM SMH ELEV. CANAL PROPOSED SITE DE VEL OPMEN T PLAN OF LAND oc� °R� '� ,� SALEM, MASSACHUSETTS r \ Na 169140 R; f'�1 t I.: =Y�S/0NAL£N6 ��\ ,i� SCALE. / = 40' DATE: JULY 3, 1990 CARTER AND TOWERS ENGINEERING CORP. 6 FAIRVIEW AVENUE GRAPHIC SCALE SWAMPSCOTT, MASS. (617) 592-8386 0 40 80 120 F- 15906 r - (llitg of 'Salem' �Httssachusetts (office of the Titg @Iouncil R I1 . �Ac '$r��3 pes (ditgttll �`" WARD COUNCILLORS MARK E. BLAIR 1990 COUNCILLORS-AT-LARGE PRESIDENT 1990 GEORGEA.NOWAK JOSEPHINE R. FUSCO KEVIN R.HARVEY DONALD T.BATES CITY CLERK VINCENT J.FURFARO GEORGE P.McCABE LEONARD F.O'LEARY JOHN R.NUTTING DAVID B.GAUDREAULT RICHARD E.SWINIUCH SARAH M.HAYES MARK E.BLAIR July 12, 1990 Mr. John Vallis, Chairman Conservation Commission City of Salem Salem, MA 01970 Dear Mr. Vallis: Would you please investigate whether Tetreault Hot-topping, located at the corner of Bertini Lane and Kimball Road, is laying hot-topping and doing other work at this location. I have received several phone calls from residents and have seen the area myself. My understanding is that this area is within a wetland cease and desist order. If so, no work should be taking place at this location. Thank you for your efforts . Very truly yours, m MARK E. BLAIR COUNCILLOR WARD SEVEN MEB/deb SERAFINI, SERAFINI AND DARLING ATTORNEYS AT LAW 63 FEDERAL STREET SALEM. MASSACHUSETTS01970 JOHN R. SERAFINI, SR. TELEPHONE JOHN R. SERAFINI.JR. 508-744-OP12 JOHN E. DARLING 617-581-2743 WENDY L. THAYER TELECOPIER 508 741 4683 February 12, 1990 Mr. William Luster PERSONAL AND CONFIDENTIAL City Planner City of Salem One Salem Green Salem, MA 01970 RE: Bertini Dear Bill: Plans drawn by Bill Townsend indicate correctly that part of this Pumel situation is in a industrial zone. I have that plan, if it becomes necessary, but hopefully we will be able to defuse the issue it becomes necessary. Sincerely, JOHN R. SERAFINI, SR. JRS, SR/ln enclosure February 12 , 1990 Dear Mr. Munroe: We are in receipt of your letter dated February 2, 1990, and have reviewed it carefully with our business counsel, Mr. John Serafini, and our litigation counsel, Mr. Walter Costello. We, too, regret the situation that has arisen regarding use of our property and the fact that up until the present time the exact nature of what we plan for the area has apparently not been communicated to other neighbors. We feel that Mr. and Mrs. Leo Pelletier are directly responsible for the creation of the hostile atmosphere that currently exists. We also believe that, as self- appointed spokesmen for the neighbors, they have failed to inform them of our plans and offers to resolve the current situation. They have continued to harass City officials and have sought to create problems for our tenants in the Loring Motors building. Our attorneys are reviewing these actions. In the meantime, we believe the neighbors are not aware of our plans. In an effort to set the record straight, we welcome the opportunity to respond to your letter. The letter you sent to us in paragraphs numbered 2, 3 and 4 pretty clearly outlines the existing situation. We do not believe certain facts outlined in the letter have been communicated to people in the area, because if it had I think a lot of misapprehension would have disappeared. We have unequivocally stated in hearing before the Conservation Commission that our plan as presented to the Commission called for the area in question to be hot-topped, and that prior to that being done the contractor presently occupying the premises would have been asked to leave. As inconceivable as it sounds, this was never made clear to other neighbors of the Pelletiers, and yet the logic seems inescapable. We would not have maintained a contracting operation on the premises that were newly hot-topped. The Conservation Commission was aware of this and granted us an Order of Conditions in their wisdom. The Pelletiers appealed to the Department of Environmental Quality Engineering, where the matter now stands. Had this action not been taken, the contracting use would have been terminated. This same situation could still apply if the appeal were withdrawn. We believe, however, that the Pelletiers have other motives, and wish to try to deprive us of the use of our property. Let us be as clear as possible. This will not happen, and we will take whatever legal steps are necessary to protect our rights, and to the extent that there is any transgression by any other person of our rights or interference with existing contractual arrangements we will seek appropriate legal action against the parties involved. Addressing your concerns and those of the Mayor and City Councilors, we can advise as follows: We will agree to use our land for B-2 purposes, with the future possibility of some drydock boat storage. We would agree not to use the premises for the present contracting use, provided that the present use can be terminated without any financial responsibility on our part. Our future plans for this area are not definite. At some point, if we utilize the former Loring Motors building for a function facility, then we would utilize this area for parking. Other than that, it would be for whatever B-2 uses are set forth in the Zoning Ordinance, with a possible use for storage of boats in the wintertime. In return for this accommodation, which, as you know, means giving up the use for industrial purposes of that area zoned for industry, we would expect a withdrawal of the DEQE appeal, and no further harassment. We have been in business in this City in that particular area for over fifty years. Our father, by dint of hard work, built up a business and acquired additional property. Bertini Lane was constructed by him, and family members resided there and still do. We have a permanent stake in that area in the City and do not intend to be driven out by anyone. We strongly feel that if there had been a sensible calm approach in the beginning, matters could have been peaceably resolved. I feel this letter should be circulated through the Ward Councillor to people other than the Pelletiers. Our attorney will be out of the office until February twentieth. We will be prepared to meet with you, the Ward Councillor, and a representative neighborhood group to discuss our plan. Sincerely, Jefferson Trust byL J — J hn Bertini, Trustee by Frank Bertini, Trustee Cftp of harem, AaggacbUOettg a�1 ='Drc Public Propertp Mcpartment Nuilbing Mcpartment (one balem oreen 745-9595 Cxt. 380 William H. Munroe Director of Public Property Inspector of Buildings Zoning Enforcement Officer February 2, 1990 Mr. Frank Bertini Mr. John Bertini 284 Canal Street Salem, MA 01970 Gentlemen: In an effort to resolve the issue of Pumel Construction's use of your property, Mayor Harrington and I have met with neighborhood representatives, and the Mayor has met with you to see if an amicable solution can be found. According to the City's zoning maps, it is apparent that the zoning at the end of Bertini Lane is industrial, and that this zone proceeds across Kimball Road, where it changes to a B-2 zone. It appears that the contractor's storing of trucks is partially in the indutrial zone, but it is my opinion that the greater portion of his operation is in the B-2 zone, in violation of City Zoning Ordinances. We are aware of the claim that the industrial use in what is now the B-2 zone predates the change in zoning to B-2. This claim is disputed by the neighbors. Ultimately, if the matter cannot be peacefully resolved, a Court would have to determine the merits of each claim. This could mean extensive and expensive litigation between the neighbors, yourself and the City. This is a "last resort" solution which will not benefit anyone, and will leave hard feel- ings on all sides. We also understand that the contracting operation could be moved over to the industrially zoned land, bringing it closer to the homes on Bertini Lane and Kimball Road. This again would leave a good deal of animosity. We prefer to work toward a solution both sides can agree to without resorting to Legal action. The Mayor has made it clear that he respects the property rights of all of the people involved. We are committed to preserving our neighborhoods, and in those difficult areas where residential, business and industrial zones abut each other, we will try to work towards an accommodation that respects the rights of each group. I . f Page - 2 As land owners of the industrial and commercial areas, you have a right to appropriate uses in accordance with the zoning. The course we would like to pursue is one that will eliminate the present use in that location and still allow an appropriate B-2 use. We would ask that you provide us with a plan within the next ten days that addresses these concerns. We will then discuss this plan with the Ward Councillor, Mark Blair, who, incidentally, has worked very hard to resolve this problem. At that time a meeting of representatives of the neighbors, the Ward Councillor and you can be held to finally resolve this problem. If the matter cannot be resolved along the lines described above, then I will insist that industrial and business uses will be restricted to their respective zones. Let ustry to work together and avoid a situation that continues a hostile atmosphere between abutting property owners. Sinnceereelly, William H. Munroe Zoning Enforcement officer WHM/eaf cc: Mayor Harrington Councillor Blair w � CUP of 6atemp, iFagg#cfjugettilii{��;If ;fu� N� is � n public i3ropertP;0ioart nint euiCbing �epartMent �' , One9 alem ateef 7 45 595 @xG bu l. I William H. Munroe Director of Public Property Inspector of BuildingsG� 1l I, Zoning Enforcement Officer s March+ 7,I 199oc� AIEM PEA!IN I Ill SEPT. The-Jefferson Trustqtl John and Frank Bertini , Trs. 284 Canal Street I (' Salem, MA 01970 RE; Zoning Violation - 284 Rear Canal Street Gentlemen: This office, and the City of Salem, has speht\ tonlsiderable Itine in an attempt to resolve the zoning issues that relate to the above ( f r',enced property. I' I ;l Despite the efforts of Mark Blair, the Ward.!Seven Coun :llor, andlyour- Attorney, Mr. John Serafini Sr. , it would appearlltil' in�ly way then+issue ; H-6- will be resolved is through the proper legal.lpi!ocedure, 'a public ,I, ing before the Zoning Board of Appeal . i Although the issue is; a complex one due to the warAiouslzom n districts , involved, there appears to be no question that{the fandjpre sentlyr, c'upied i_ by Pumel Construction is in a B-2 Zoning Distr:,ct'' a�dli's ' in viol'atto of the ! City of Salem .Zoning Ordinance relative to useE,�i,{",' �� 1" ,I pI° , � Should you choose to .appeal this decision plea make application to the. Zoning Board of Appeal within thirty (30days� oflir�eceipt of tlfis' noticel I; SinceHe4 1 . , _ � WiIiiamIHlr,F`�1unroe Zoning Enforcement Officerli � f 1 1 , WHM:bms VA cc: Mayor Harrington .Councillor Blair John Serafini Sr. , Esq. R f'lJ1vii ! • t lye{a,, I „ , „ � I •(_ l� 1 � III � I� �, ,. i 7' s GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 0?N 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 27 December 1989 FAX(508) 741-8648 Department of Environmental Protection Metropolitan Boston/Northeast Region 5 Commonwealth Avenue Woburn, Massachusetts 01801 ATTENTION: Mr. Robert Lucia, Wetlands Division L C✓ RE: DEP Wetlands File No. 64-180 Berlini's Inc. i�5�9 Canal Street Salem, Massachusetts Dear Mr. Lucia: This letter is written on behalf of Bertini's Inc., located at 284 Canal Street, Salem, Massachusetts, hereafter referred to as the Site. The purpose of this letter is to serve as a response to the December 15, 1989 letter from Doherty Consulting Engineers, Inc., of Wakefield, Massachusetts, regarding this Site. A copy of said letter is enclosed herewith. Pursuant to M.G.L. c. 131, S. 40 (the Wetlands Protection Act, "the Act") and 310 CMR 10.00 (the Wetlands Protection Act Regulations, "the Regulations"), it is our belief that all interests of the Act are protected and all performance standards of the Regulations are met for work to be conducted at this Site. The City of Salem Conservation Commission conducted a thorough evaluation of the Notice of Intent filed for work to be conducted at this Site and issued a comprehensive Order of Conditions for said work. The scope of work, as outlined in the above-referenced Notice of Intent and associated supporting documents, is limited and involves minimal buffer zone site alterations, and no wetland resource area alterations. As we discussed at the December 14, 1989 site inspection, our client would be willing to relocate the proposed drainage system from the southern to the northern end of the Site (assuming that this is feasible from an engineering standpoint). Perhaps relocation of this proposed drainage system would alleviate some of the concerns voiced by abutters. Response to Objections Several misimpressions regarding work to be conducted at this Site were generated in the above-referenced December 15, 1989 letter by Doherty Consulting Engineers, Inc. The following constitutes response to objections raised in this letter: V GULF OF MAINE RESEARCH CENTER INC. 1. "Some time prior to February 3, 1988, fill had been placed in a 2 Wetlands Resource Area on site. The Town Flood Rate Maps, effective date March 15, 1977, show that the limits of the 500 year flood, as determined by the Federal Emergency Management Agency, extend approximately 200 feet southeast beyond the existing (2/3/88) wetlands. Approximately 2 to 3 feet deep fill has been placed along the wetlands which would preclude the 500 year storm from inundating the construction equipment storage facility. We are not claiming that this fill would adversely impact the limits of the 100 year flood. We are stating that this area was a wetland prior to filling that stored localized run-off and that the flood rate map showed the approximate limits of the wetlands prior to the filling." This objection does not constitute a wetlands interest to be protected under the Act. The above-referenced FEMA map does indeed indicate that portions of the Site are within the limits of the estimated maximum lateral extent of flood water which will theoretically result from the statistical 500-year frequency storm event. However, pursuant to the Act and the Regulations, land within the 500 year floodplain is not a Protectable Wetland Resource Area, unless it falls within the estimated maximum lateral extent of flood water which will theoretically result from the statistical 100-year frequency storm event (i.e., it is Bordering Land Subject to Flooding (310 CMR 10.57)). The Site does not fall within the 100 year floodplain elevation, and therefore is not Bordering Land Subject to Flooding. 2. "Reports of abutters and a comparison of recent and older photos indicate that some of this filling occurred between 1985 and 1988. The enclosed photos show the condition of the site in 1961 and 1965. The photos are keyed with existing condition photos to show the same locations..." Because the Wetlands Protection Act and Regulations were promulgated well after 1961, the above-referenced 1961 photographs of a child ice-skating at the Site have limited value. Furthermore, as was discussed at the DEP December 14, 1989 site inspection, this area has routine) been eational ice skating at the Site. We believe that the assumption lolf Doherty Consulting rEngineers, Inc. (based, at least in part, upon 1961 photographs) that this area is, or was within the past few years, a protectable Wetland Resource Area is an unwarranted conclusion. Lastly, the remaining photographs submitted are only of limited use. These photographs merely show some vegetation in the area where work is proposed. Unless given extensive and comprehensive examination, these photographs really should not serve as the foundation on which to base any conclusions regarding this project. 3. "The U.S. Army Corps of Engineers, New England Division, Regulatory Branch issued a Cease and Desist Order for placement of unauthorized fill material in the wetland area behind Bertini's Restaurant on April 17, 1989. Although the Corps and DEP are different statutorily, there (sic) determination of wetlands are similarly based on the presence of wetlands vegetation. In this particular case the Corps determined that this wetlands vegetation had been present in the filled area prior to that filling and therefore the area came under there (sic) jurisdiction. Since the means of determining the area to be a wetland are similar, we conclude that it is a Resource Area under protection of the Act." P , GULF OF MAINE RESEARCH CENTER INC. 3 Wetland Resource Areas at this Site were identified and delineated by Gulf of Maine Research Center, Inc. according to the Massachusetts Wetlands Protection Act (M.G.L. Chapter 131, Section 40) and Regulations (310 CMR 10.00), as well as the City of Salem Wetlands Bylaw. The Bordering Vegetated Wetland boundary line, defined by the Wetlands Protection Act Regulations (310 CMR 10.55) as the 'fine within which 50% or more of the vegetation community consists of wetland plant species identified in the Act", was clearly marked with blue surveyor's ribbon numbered Al through A14. It is the opinion of Gulf of Maine Research Center, Inc., and presumably the opinion of the Salem Conservation Commission (since they issued an Order of Condtions), that no work has been conducted in Wetland Resource Areas at the Site, and that no work is proposed within Wetland Resource Areas at the Site. We have written to the United States Army Corps of Engineers regarding this Site and we are currently awaiting their reply. Conclusions The project design complies with all performance standards of the Massachusetts Wetlands Protection Act and Regulations, therefore protecting the interests of the Act. The scope of work proposed at this Site is minimal: no buildings, excavation, or foundations are proposed. Therefore, we request that the DEP Wetlands Division issue an appropriate Superceding Order of Conditions because the project, as proposed, meets all performance standards and protects all interests of the Wetlands Protection Act. Please do not hesitate to contact either me or my assistant John Bleiler if any further questions arise. Yours sincerely, Hugh F. Mulligan, PhD Director cc: John R. Serafini, Sr., Esq. John Bertini Doherty Consulting Engineers, Inc. City of Salem Conservation Commission i Rear 284 Canal Street Bertini Property March 9, 1989 - @ Meeting, Report of Complaints - Issuance of Enforcement Orders, Request that Mssrs. LeBlanc and Bertini attend next meeting March 21, 1989 - Receipt of Neighborhood Petition March 23, 1989 - @ Meeting, Review of Enforcement Orders with Mssrs. LeBlanc (Pumel Const. ) , Colletti (Tetrault Enter. ) and Frank Bertini - Statement by Mr. Bertini that Gulf of Maine was assessing where wetlands were exactly located - Site Visit scheduled for 4/1/89; Submission of photographs by Pelletiers April 1, 1989 - Site Visit April 13, 1989 - @ Meeting, Continued discussion re: Violations; Review of prior Order of Conditions issued April 14, 1988 April 17, 1989 - Date of Letter from Army Corps of Engineers which regards the "fenced in parking area for trucks and construction equipment behind Bertini' s Restaurant, as well as the entire adjacent area of wooded swamp land, where ongoing filling of the wetland has been documented by the Corps. " April 27, 1989 - @ Meeting - Continued discussion re: Violations; Submission of letter from Gulf of Maine; Mr. John Bertini' s statement that he would file Notice of Intent; Motion made and e allowed to grant Mr. Bertini 30 days to file Notice May 23, 1989 - Date of Letter from Gulf of Maine responding to Army Corp' s letter stating that "no unauthorized filling of wetlands was conducted, under permit or otherwise, behind Bertini' s Restaurant. " June 8, 1989 - @ Meeting - Public Hearing of Notice of Intent; Submission of Notice prepared by Gulf of Maine; Display of 1965 topographic map, revised 1977, by Mr. Pelletier; Display of photographs by Mrs. Pelletier; Display of photographs by Mr. Bertini; Issuance of Order of Conditions June 22, 1989 - Receipt of Letter from Mr. & Mrs. Ellis Qli#u oStt1em, tts�ttr �tr## Offire of the Ctg CPA. F �'COHOlT1 mm {t{ JUSa�I�(LLtC�. �1I5LU y �iivvm 1 Qih�Q-il erk n - Ctq X.11 9n August 14 , 1989 Mr. John Vallis , Chairman Conservation Commission City of Salem Salem, MA 01970 Dear Mr. Vallis : At a regular meeting of the City Council held in the Council Chamber on August 10, 1989, the City Council voted to refer the enclosed appeal to a Conservation Commission decision back to the Conservation Commission for further review. Very truly yours, OSEPHINE R. FUSCO CITY CLERK JRF/deb Enclosure y rl Jul 22 a 1' P8 '89 FILET MY CLERK. Sal_ ?. PASS. June 22 , 1989 Mr. John Vallis , Chairman c/o Ms . Kathy Winn, Secretary Conservation Commission City of Salem One Salem Green Salem, Massachusetts 01970 Mr. Vincent J. Furfaro, President City Council of the City of Salem c/o Ms . Josephine R. Fusco, City Clerk Salem City Hall 93 Washington Street Salem, Massachusetts 01970 Mr. John Bertini, Rep. of JAB Trust c/o Bertini 's , Inc . 284 Canal Street Salem, Massachusetts 01970 John Serafini, Sr. , Esquire Serafini, Serafini & Darling 63 Federal Street Salem, Massachusetts 01970 Mr. Ralph Kardon DEQE (Metro Boston/Northwest Region) 5 Commonwealth Avenue Woburn, Massachusetts 01810 Re: Salem Conservation Commission Order of Conditions for DEQE File Number: 64-180 Applicant: John Bertini Page two Gentlemen: On June 15, 1989 the Salem Conservation Commission issued an Order of Conditions (a copy of which is herewith enclosed) regarding a Notice of Intent filed by applicant John Bertini and known as DEQE file number 64-180 . Mr. Bertini seeks municipal approval to pave and to fence an area of land located proximate to Kimball Road, Salem. A copy of the Preliminary Site Development Plan submitted with said Notice of Intent is herewith enclosed, and, as such, describes the area to be affected with particularity. We own the property known as 7 1/2 Adams Street, Salem, and labeled "A" upon the attached plan. Our property directly abuts the land upon which Mr. Bertini proposes (via the Notice of Intent) the paving and fencing work to be done As such abutters , and persons aggrieved by the determination of the Conservation Commission we seek to: 1 . request the DEQE to issue a Superseding Order consistent with the provisions of M.G.L. c . 131, s . 40 and 310 CMR 10 . 05 , and/or 2 . appeal the determination of the Conservation Commission to the City Council of the City of Salem consistent with Section 9 of "An Ordinance Pertaining to General Wetlands , Ordinance" of the City of Salem (hereafter "Wetland By-Law" ) . We invoke the above statutory avenues of review because: 1 . the proposed work to be done is significant to public or private water supply, to the ground water supply, to flood control , to storm damage preservation, to prevention of pollu- tion, or to the protection of wildlife habitat; or 2 . the proposed work under the Order of Conditions is inconsistent with 310 CRM 10 . 00 and does not contribute to the protection of the interests identified under M.G.L. C . 131, section 40, The Wetlands Protection Act, or 3 . the Conservation Commission' s act was arbitrary, capricious , in excess of its authority under the City of Salem' s "Wetlands By-law" , and/or said action was unsupported by evidence. i Page three The factual basis for our contentions are as follows . We have lived for over seventy years next to the area subject to the proposed work in the Order of Conditions . For the greater portion of this time period, this area was wetlands . In other words , the "Bertini" site was a marsh, consistently wet and heavily vegetated. (See copies of photographs showing an ice skater on the frozen marsh which is the exact location of the subject site [ 1971] , copy of picture of site in 1986 prior to filling and showing extensive vegetation [ i .e . Cat O'Nine Tails ] , and copy of two pictures showing vegetation removal . ) However, in 1986 , Mr. Bertini (applicant and owner of the site) permitted various construction companies to park/store vehicles near the site. During this recent time frame, these companies have progressively removed vegetation, and filled in more and more of the area once wet and vegetated. This activity eliminated the wetland and created the "parking area" now under scrutiny. The applicant presently seeks approval for work to be done in the so-called "Buffer Zone" . This request merely ignores the fact that wetlands previously had been altered to create the present day appearance of a near-by "Bordering Vegetation" wetland and "Resource Area" . The categorization of the present day "Wetland Boundary" , as prepared by applicant ' s expert Gulf Maine Research Center, Inc . , is artificial; it masks the worst form of continuous and . deliberate Wetland Protection Act violations . Kindly review the attached Army Corps . of Engineers communication date April 17 , 1989 confirming same, and, previously offered into evidence to the Conservation Commission (hearing date June 8 , 1989 ) . Further, the Order of Conditions as fashioned does not protect our property from erosion or flooding. Presently, our land is subjected to flooding and erosion by reason of the nearby wetlands . To pave an extensive area as suggested could only create less of an area to consume rain water. The rain water is supposed to be channelled into an existing drainage pipe, which pipe runs parallel to (and within a few feet from) our property. The present discharge volume from the drain has already caused increased flooding and erosion to our property; it follows that an increase in discharge volume would exacerbate the present condition. The Conservation Commission erred in its evaluation of this consequence because it (the Conservation Commission) wrongly assumed the position of the discharge pipe outlet . At he Conservation Commission hearing, our son-in-law, Leo Pellitier, testified to the actual location of the discharge pipe outlet, which location in fact causes a Page four great impact to our property. Lastly, the extension of the fenced-in area will diminish areas utilized as habitats for local wildlife. Since the presence of the trucks on the site, we have witnessed a great movement of wildlife into our ( literally) backyard. Again, it follows that the proposed increase in pavement and fencing is likely to adversely impact upon the local wildlife. This point was also raised at the hearing before the Conservation Commission. Further details are available upon request. Respectfully submitted, L Clarana M. Ellis John F. Ellis 7 1/2 Adams Street Salem, Massachusetts 01970 CC: Mark P. Blair Ward 7 Councillor Mr. Steven W. Congdon U.S . Dept . Army Corp. Engineer Form 5 DEQE File No. 64- 180 ITo be Provioea by DECIEI SALEM .a (fie Commonwealth City/Town j �ql of Massachusetts AVOW= John R P r r i n i Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §40 From Salem Conservation Commission To John RPrrini JAB Trust (Name of Applicant (Name of property ownerl c/o Bertini ' s Inc. Address 284 Canal St. , Salem, MA 01970 Address same This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) Cit by certified mad,return receipt requested on June 14, 1989 (date) This project is located at Canal St . and Kimball Rd . The property is recorded at the Registry of Essex Book 3955 Page 530 Certificate(if registered( The Notice of Intent for this project was filed on May 26, 1989 (date) The public hearing was closed on June 8, 1989 (date) Findings The Conservation Commission_ has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Commi s c_i on at this time.the C'nmmi g a i nn has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): ❑ Public water supply Q Flood control Cl-* Land containing shellfish ❑ Private water supply- Q Storm damage prevention ❑ Fisheries ❑ Ground water supply Q-. Prevention of pollution Cl- Protection of wildlife habitat Therefore, the Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above. The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas- ures,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 diner person of the necessity of complying with all other applicable federal. state or local statutes.ordinances. by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act:or (b) the time for completion has been extended to a specified date more than three years, but less than five years. from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used In connection with this project shall be clean fill, containing no trash;refuse, rubbish or de, bris.including but not limited to lumber,bricks,plaster,wire, lath, paper,cardboard, pipe. tires,ashes. refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located.within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor index under the name of the owner of the land upon which the proposed work is to be done.In the case of registered land. the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the ('ommi s s ion on the forth at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feel or more than three square feet in size bearing the words. "Massachusetts Department of Environmental Quality Engineering, File Number 64-180 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 1 1 . 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. 12.The work shall conform to the followino plans and special conditions: Plans: rtle Dated Signed and Stamped by: On File with: Development Plan 5/ 19/ 89 T&%1 En,gineerinp Assoc. Salem Conservation COmmi SSiOI Special Conditions(Use addidonal paper it necessary) See attached ....................................................................................................................................................................................... (Leave Soace eiankl Plans: Title Dated Signed and Stamped by: On File with: Special Condittons(use additional paper it necessary) ....................................................................................:.................................................................................................. (Los"Soace Blanki John Bertini 284 Canal St. DEQE # 64-180 Special Conditions: 1. ) The fence to be installed shall be a six foot high chain link fence with a single opening relocated to the front , northeast corner and shall be built in accordance with the above—named plans. 2. ) Hay bale dikes shall be placed along the perimeter of the area of work as per plan. 3. ) No hazardous materials including petroleum products nor materials hazardous to wetlands including salt and sand shall be stored within 100 feet of the bordering vegetated wetland. 4. ) Existing fill shall be removed immediately and thereafter only clean fill may be stored within the fenced area only. 5. ) Four granitic boulders (approximately 3 to 4 ft. diameter) shall be removed immediately from wetland area behind fence. 6. ) Slope shall be brought to such a grade so as to prevent puddling. 7. ) Gas traps shall be maintained on an ongoing basis and will be cleaned a minimium of once a year. 8. ) The chain link fence shall be kept in good repair. 9. ) Drain pipe shall be installed in accordance with above—named plan. 10. ) Area to the far left of the proposed fenced area shall be revegetated and all other work shall be performed as per Order of Conditions issued for DEQE case #64-159. 11. ) Flags indicating wetland boundaries shall remain intact. CM110 Conservation Commission Issued 6- Sign urefs) This Order must be signed by a majority of th�C nservatlon Commission. / 'E ay of 19 before me On this_ to me known to be the personally appear person described in and who executed the foregoing Instrument and acknowledged that he/she executed. the same es hislher tree act and deed. rc �°vh NotaryPublic' y commission/e pires TTte wpltcar!t.the owns!r./person Wtin�'b by thio Order. (enY" W of tend abu Mq ale MM utim whiCh 1M WOO worn a lo be done or any ten Maldeirtirel its sty or town n wroth wx;n brio b IOeabd an IterebY rdttfled d maMn9ht to reouaat d Woarsffera of Ehtiatmanu4GMuYaN fch0 r^b ld iestN•sucMaedfrq Qrder:Rbtrfdhtq ale reouest b nude by corabad ttatl or harts delNery to me 09parbnMt YnmMt ton data hall db data of ieatbttce of of Order.A CoW Of me raabeet shelf at its tarts tato W sari by Csrttlbd D mail or rend deMJety to me Conservauon cotmeaston and life OOCOCO d." 2 v m C v I N E Ul N prior to commencement of wort- N aebch on dotted line and eubrnd to the G 137umq Autnonty To Reese W ednseo that me Order of Condtoom for the VIVIOW a and File Number —has been recorded at me ne{patrY of 19 hall been Idt§d n me cnam of title of me sftected WoP" mecc0latMtce.wm Generw CondWbdneon ^�n n If recoroed Land. ire n5wument number wnKn Identiltes rots.tramacbon IS _ If regmterad tend.me document number witch identities m0 mmsacedn 15 Apoticznt _ Issued by the Oepartment of Environmental Quality Engineering. Signature On this day of 19 before me personalty appeared-- 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 tree act and deed.- Notary Public My commission expires The aopca t.the owner,any person egWWved by into Suoerseanq Order,any owner of Wind aoutting ne lana upon wmun me ort• 009"want o b be sora or wry ten Pwwm oxamu to G.L c.JOA.S 10A,aro nsmay no-I of mer right to request an apuacalory: . how"exrskma to G.L 30A.f 10.prww4p the roatme to mesa oy ewatled mal or hunts delivery to the Oatarpgent ,me,ten nays Iron as as of isawtce of the Suisave lYq Order.anti to addressed to: Docket Clerk.Offbe at Genersf counsel.Now 0 of Eniranmwrm Orality E nolo r 19.Ono Wit 10f Street.Boston.MA 021 oa.A copy of the reatrwt anal wale same time to awn by•. . caroms mag or new aaava.y to IM eamerveoon eommrawt.ore applicant.amts any other owtyt.r. A NOtias of Claim for lin AdhnracaWry Hearng ohs l t.ampy"in HIS Oeow"Mra Ruled for Adluolcatory Proceeamgs.310 CMR 1.01101.and spall contain ale Mbwntq inton tons: - (a) ria OEOE Watiands He Nelmber.main.or pa applicant and adorer of the project- (b) rolecC(b) theca to name.acoreas and alephpra nUnber of the party filing ne request.and.it represented by counsrK,trio"am address of ale attomor. ' (cl the mined aro addrm n of all other version.0 known: tai a rdeersra concise stsartant of 111 the facto-Not am grounds tar the preceeding,(21 the objections to!iii Sdoersed rip librda*:'•: inratong apaeakalgr tits toareter n whibfl d a alleged to be ffcammwt wrath the Deportment's•Wella ds Regaaoons 1310 CMR1;.I, - 10.00)aria does not cmvOM to tta t+oleeoo of the irteresa ldenetied in ole Act.and 13)this retaf sought thrown the l!aht - ' dicalary hearing.including spaatieany the changes ceslrso in the Supeaearq Order...,,, (e) a statement that a Copy of the realest has been sent to the acidicant.the Conservation commission and seen other party Or iso- resenraove at suer party,it known. - Faihlre to sutxnmt all necessary information may result in a dismtssa oy me Devarvnent of the Nonce Of Clain for an Adiucicatory HeernQ. , 00tach on ooned(lneand submit to the prior to commencement of work. To - Issuing Authority Please as sdwse0 that the Order of Conditions for the protect at - - - - File Numoer has been recorded at the Regotiy of and Kalibeen noted n me Chan of title o1 the affected property in accordance vim Genera Condition a on 19_ it recorded lana.the natrvment number which Identifies this transaction is .••,�.: It registered urmd. the document number wnch identifies this transaction n Signature r11-�s/7/tJ1'SSYY'Y 173'71 rc a 1N3!'E'd0SLO 73/Igo -M1/-C avnini7abd o BuNeauiBu3 YV81 � 1 AP • 4 i9 r �"�' r• �ij '��g y Y 6° •`� pia I ��� � ' i.I •Es h !y ell0a 0 N CJ O W-0 Y «aq�ro•., .,\ DEPARTMENT OF THE ARMY NEW ENGLAND DIVISION. CORPS OF ENGINEERS 1 424 TRAPELO ROAD WALTHAM. MASSACHUSETTS 02254 l•"y-�",� REPLY TO ATTENTION OF: April 17 , 1989 Regulatory Branch CENED-OD-R-34 John A. Bertini 284 Canal Street Salem, MA 01970 Dear Mr. Bertini : This letter is to inform you that a recent Army Corps of Engineers inspection has revealed that you have placed '— unauthorized fill material in the wetland area behind Bertini's Restaurant, bounded by Canal Street and Adams Street in Salem, Massachusetts . This includes the fenced-in parking area for trucks and construction equipment behind Bertini' s Restaurant, which the Corps of Engineers has determined to be a filled-in wetland , as well as the entire adjacent area of wooded swamp land , where ongoing filling of the wetland has been documented by the Corps . This letter is to explain Corps jurisdiction over such filling, to direct you not to do any further unpermitted filling in areas under Corps jurisdiction, and to request information from you about the fill material which has been placed in the wetland. Let me briefly explain Corps jurisdiction. A Corps of Engineers permit is required under Section 404 of the Clean Water Act (33 U. S. C. 1344) for those activities involving the discharge of dredged or fill material in all waters of the United States, including not only navigable waters of the United States , but also inland rivers , lakes and streams, and their adjacent wetlands . In interior waters , our jurisdiction under the Clean Water Act extends landward to the ordinary high water mark of a waterbody or the landward limit of any wetlands . Since we have no record of a Corps permit to perform the work in wetlands behind Bertini's Restaurent in Salem, you should not perform any further filling in areas under Corps jurisdiction. Violations of the Clean Water Act ( 33 U.S.C . 1251 , et. Seq. ) are punishable by civil and criminal fines up to $25 , 000 per day of violation. Federal regulations require that we investigate any unauthorized work . To assist us in this , please provide the following information. 1 . Why did the work commence without the necessary Corps permit? 2. Please furnish us copies of any local , state or federal permits which you have received regarding wetlands fill at the work site behind Bertini's Restaurant in Salem. 3 . On what date did the unauthorized placement of fill commence (be specific) ? 4 . What percentage of the project is now complete? 5 . What is the volume of fill placed (Cubic Yards) ? What is the area of fill placed (Square Feet)? 6 . What is the reason for this placement of fill material in the wetland area? 7 . Who actually placed the fill in the wetland areas? S . Please provide drawings , to scale , which show the wetlands at the site as they existed prior to filling and construction and how they now exist. 9 . At any time during the planning of this project , were you aware of Corps jurisdiction? At any time during the construction phase of this project , were you aware of Corps jurisdiction? By copy of this letter, we are informing the Environmental Protection Agency of this case and are soliciting their views and recommendations on its appropriate disposition . Please respond within fifteen days . Failure to respond within fifteen days may result in legal action. If you have any questions , please contact Mr. Roberts of my enforcement staff at 617-647-8575 . Sincerely, Steven W . Congdon Chief, Enforcement. Unit Regulatory Branch Operations Division Copies Furnished: Environmental Protection Agency Attn: Doug Thompson WQE-1900 JFK Federal Building Boston, Massachusetts 02203 U. S. Fish & Wildlife Service Attn: Joe McKeon 22 Bridge Street Ralph Pill ilarketplace, 4th Floor Concord, New Hampshire 03301-4901 National Marine Fisheries Service Attn: Chris Mantzaris 2 State Fish Pier Gloucester, Massachusetts 01930-3097 Massachusetts DEQE Metro Boston/Northeastern Regional Office Attn: Mr. Ralph Kardon 5 Commonwealth Avenue Woburn , Massachusetts 01801 \^ Massachusetts Coastal Zone Management 100 Cambridge Street Boston , MA 02108 Mr. and Mrs . Leo Pelletier 7 and 1/2 Adams Street Salem , MA 01970 Cathy Winn Salem Conservation Commission 1 Salem Green Salem , MA 01970 1 R '.� ��o..;�'^ s r ry YH >.:•ly.sem. Ir„- :` �t •� .. , . ate) �: � /L '. —�L�;�' �y � 3� � - i��� +•:r_+ ..:5... :�xh.^.awn. �rG N.Y1 ^•�dJ � -^='�,' Forel 5 0EOE Fie No. 64- 180 (To be prowwo oy OEQEI:" SALEM I Commonwesjth Citynown 1� of Massachusetts Applicant J o h n R a r r i n i Orderof Conditions'.' MassachusettsNetlands Protection'Act- n,.. _1> G.L.c..1319 §40, - From Salem Conservation Commission To .Tnhn Rarrini JAB Trust (Name of Applicant) "' (Name of property owner) c/o Bertini 's Inc. Address 284 Canal St. ,iSalem, MA•01970 Address same This Order is issued and delivered as follows, ❑ by hand delivery to applicant or representative on (date) w'I Q by certified mad,return receipt requested quesues tedd on June 14, 1989 (date) • This project is located at Canal St. and Kimball Rd. The property is recorded at the Registry of Essex Book 3955 Page 530 Certificate jif registered) The Notice of Intent for this project wasefiled on- May 26, 1989 (date)>, The public hearing was closed on._• June 8, 1989 —(date)'* Findings _,n V:.,. The- Conservation. Commission_:.._. has reviewedtheabove•referenced.Nodceof Intent and plans and has held a pubdchearing.on the project.Based of the information available to the." ,„o Commissinn atthistime.the Cnmmicsinn has determined that,: the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set fohfi regulations regulats foreach'Area Siib(ect to Protection Under the =r Act(check as appropriate):: ❑ Public water supply Flood control ❑' (and containing shellfish- 13 Private.water,supph4, :>:,.(2� .Storm:danmge prevention o❑'s'Fimmriea =: ❑ Ground watec.supply . ,(�� Prevention of pollution M.,Protection of wildlife habitatt Effective 11/1/87 Therefore.the Commission hereby finds that the following conditions are necessary,in accordance with the Performance Standards set forth in the regulations, to protect those inter- ests checked above.The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol- lowing conditions modify or differ from the plans,specifications or other proposals submitted with the Notice of Intent,the conditions shall control. General Conditlons 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas- ures,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 necessity of complying with all other applicable federal,state or local statutes.ordinances.by-laws or regulations. 4. The work authorized hereunder shad be completed within three years from the date of this Order unless either of the following appy: (a) the work is a maintenance dredging project as provided for in the Act:or (b) the time for completion has been extended to a specified date more than three years,but less than five years.from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the'issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill,containing no trash,refuse,rubbish or de- bris,including but not limited to lumber,bricks,plaster,wire, lath, paper,cardboard.pipe, tires.ashes. refrigerators, motor vehicles or parts of any of the foregoing: 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been filed,until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land,the Final Order shall also be noted in the Registry's Grantor Index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land.the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the lend upon which the proposed work is to be done.The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square-feet or more than three square feet in size bearing the words."Massachusetts Department of Environmental Oualiy,Engineering, File Number 64-180 10.Where the Department of Environmental Quality Engineering is requested to make a determination and! to issue a Superseding Order,the Conservation Commission shall be a parry to all agency proceedings;- and hearings before the Department. ,.r. .. I 1 1 . 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. 12.The work shall conform to the following plans and special conditions: 5.2 Plans: Title Dated Signed and Stamped by: On File with: Site Development Plan 5/ 19/89 T&i1 Engineering Assoc. Salem Conservation Commissior Special Conditions(Use additional paper it necessary) See attached ............................................... . ............ .(Leave Soace alankl 5.3A Plans: Title Dated Signed and Stamped by: On File with: . Special Conditions(use adMonal paper it necessary) ..............................................:............................................ .. . . . . . . . ................ .................................................................................. (Leave Soave alank)� '`i l 5.313: John Bertini 284 Canal St. DEQE # 64-180 Special Conditions: 1. ) The fence to be installed shall be a six foot high chain link fence with a single opening relocated to the front, northeast corner and shall be built in accordance with the above—named plans. 2. ) Hay bale dikes shall be placed along the perimeter of the area of work as per plan. 3. ) No hazardous materials including petroleum products nor materials hazardous to wetlands including salt and sand shall be stored within 100 feet of the bordering vegetated wetland. 4. ) Existing fill shall be removed immediately and thereafter only clean fill may be stored within the fenced area only. 5. ) Four granitic boulders (approximately 3 to 4 ft. diameter) shall be removed immediately from wetland area behind fence. 6. ) Slope shall be brought to such a grade so as to prevent puddling. 7. ) Gas traps shall be maintained on an ongoing basis and will be cleaned a minimium of once a year. 8. ) The chain link fence shall be kept in good repair. 9. ) Drain pipe shall be installed in accordance with above—named plan. 10. ) Area to the far left of the proposed fenced area shall be revegetated and all other work shall be performed as per Order of Conditions issued for DEQE case #64-159. 11. ) Flags indicating wetland boundaries shall remain intact. CM110 Issued 8y sat PRI Conservation Commission Sign ure(sl 92 1 Thb Order mwt b a maned by a majority of thee nervation Commission. of t 9 �> - beforemwe pereortaYy aPF. — two me known to be the Person described in ancWho executed the foregoing instrument and acknowledged that helahs,executed. the same as hislher f 80 aannd�deedd° r' Notary Public = v. _ Y commission pires n s •U) z- E '� land R wNehMM ptMdtlsed emrk tele" MasOber, ttaateref Yrtd tlh aeon the aaY OMaOrteOansvetl by arty abaMYM E TMuoaMYnnt. �6 ._. . 0 o baoarteaaiwtenr�ieMit�cafaanMartQwnnwtaeawathnMlabnnoMmn«eepnoaaworthernghteonMlrM�fa�MnMoratietM' 'o U n 111 Amrvr " ofnwwnMkrm laowswwoVr :xMss Welli G ° ,.° the at ofordw!Aemycullwnwiea.wutme*mil Nobe"NOVCw , 0 o mea or hand detrmy to the Conservation Cormmsson am the alo a cam' JJ , N W UJ Q G aJ 01-4 U m U E a) ^ � C ttl W y (U ^U C C 8 •� v 3 a Trn .a+-: _ - ,._. ._._._. . - ..a t*a+w+un _-c•e-.: ._. . . .. y� v Detach on dolled Ilse and subma to the -_ prior to cammeneament of were. a1 C To ISlumq Aumonty plea"cesit a that the Order of Condtoons for the cmect at Hanct File Number has oaen recorded at me Fsgmtry of z has been nota in the bran at Mlle of the aMectea drop"in accordance win Gene m Conation a on t 9 -.6f..' ...o:.:-. .0:=G1....�.-yl ft If recuxoed Iaf1a.the nllrument number wn¢tt IaenaliBs this aanlabaon is If regwtared tanM.the ddCianent number wna:h Idenaaee nn Mansaoaan a SigruNra 5.4A "r Issued by the Department of Environmental Quality Engineering. Signature On this day of 19 before me t peraonelN,;eppearedt - tome:known.to.be the`peraon— described in and who executed the foregoing instrument and acknowledged that he/she exeacuteAtherzame. ashissher=frewact-anddee&y __ Notary Public« My commission expiresr i ASM}rit'fTtiJU nCx'ia�'�"' :i i. ij, }io :'f. of-';3c V'I tifiltt!m�ig'8j1771�'VNJ Ni81 The apPMrJMi tlb 01Mter;arty paraOh agpnsyW OY tlns SutiMeedtiq dmw,ally OYYfinerOf IatmO ihYltlMJ tlN IND YOOn ngtich iM teb`.rv• pOacd wdrw at b'�edOlb;werlrtMt pareatafaseuNta G.L G 30A,,S 10!4 are nervy t10alledOf=lflctrllgfit b rearoetan ettt>tt�onofy�^.y neansgptreuntr�o�,QLF30A..lit0..pwwrgt+tetadUaYlameOeOyacrtiticdMeewhenOONNwyblM.OapamrlwdMtlMhtitindilrs+ • from Meaeo.ar:+serrnae.oeUu&priidltpOttlw:arw'raedOta7idte OddntClerki`Oalee'blciemeitCo'ina«:oeo niiwNef "-^ Ermveenns7tstt�tnlit�f$iljti"tewetq:on.WMwae1.M::eoamni-liAAY'oaraesAOt>o1raM;.t.OtwetendeaM':.mbi4ne,ei:.«.a x;3ia Cartiead maawlt�W ONNwybtM COffYatva00n O0f1a1titerOn;-Ole appYi16 a1W afly OlflarOrlY.mt�Y - Y*:�`,V�lk�t)!k„#M,YM)�$r�q$ 4tt} At AN, otclidieftrifinAdlttttiubfy Meanq efineantbry with the Oetwbnsnre RuNafor Aaludlntary Prdeaatlaga.310 C¢IRIs''fiP "u I.Olfal.MMShMeatmtlftebtlawggoommorc (al the DEdE,Wettrm-Fee Nuntew:tmameaf1M e00YfJmMdatltlrieeoliM prOpOt:.,� ."_' .r^ F-"t�'•.•i a (b) MetmfolpaletlMb.`addrasa NdteMgtpb not dwofthew..,.z ^•v x�rSi,i•..}}-__+ftt•• 1 h• OartY ltikigtlme raausat arq,tlrcpresNbd by COunaetj•MenNbetWFTU atbrasew-Mc'atlpney;'" -i •fit• i N (C) McnNMaYlO etltlfeeeMOfYOMwparbMdklbwll•x. 7. '4! mwYir, n k► S(. 3 >•«M•AYwuM.+f w.vs +'t?+iW,.w rls?�ttilatll$T.MxvYt9 y"� rsb15, 'f/4Y"Salfk°' K'Atl.r1 w/,at (d) a4ewentlE011Wee40MnerMt#I111M hObwMah:erc19ret11101/w Me OfOCeeYnOr 12111�!ObpOtlOne'td 5 9-d u 9Mit gapecekeelf lfka.111Nrtwnr,MOhdme aYe9edb0lal elelaldYYldlab OetlerOltilhre Watleltde tReg01/ >r Isflr�YM1"."El" g to.001Nf�aoondroonmbuhbft�apt000tiOhtx.tlb tAMti1M0.inMeAORana.131tMratiN.,ettu9�t , OCabry feet lg.,Mtkltllllgeaacdi=ft MechowMaasaad� dnme�BuperteCirgGNw'.::.ylcw.._ n • o t,• le) a eutafrkmt Met a toOy of Me rawest rice been ssm b Me apOM:Mt. the emservabdn Cgler um ane each other y orrey' 1R" resentatiw of suum parry,if known. Failure to submit an necessary information may resurt in a dlsm idut by the department of the Notice of Claim for M Adjudicatory Hevnv q:" •' 'l s� :a H, ra -Z 1 [� w ti• a Oatadh on dotted Ilneand submh to the- prier to Oommeneemem of wank;.. ;v�• rip 4D MtasiA"Jk.n:`r:fiAk'3.i•,. :<" •- -.- -". .. .__._.,.._......-__... . - - ..,..._.. ..'rt: FiMR`b!ifi O.YN�f1 Daf5d►eCF nAQ9fd ;D :.: ,r TO .. .__ Issuing AuMmdy«- ... _.__.._.. .._ .,...... .._..,.._..._.._............�.............�......GT PNaee be 1101,18etl Mat Ole Draw of Cenditlaq for the wgeet at , evil tambettmeeo wLHY7 File Number has been recorded at the Regdby of •� .and L..o..........i........,.....q........_..,_..._.._......,..-._..>._.»,..o.�.....WYUs::, l;»r:)rs bb7v:;m' ,� t.9..-...•.......m...�.......�9sRatkrYl#t5^A :-3. has been rioted an me ons=Of title of the atledted property in aaordanee win General Condition a on 19_— •,:,x-'•wemJr,41 µbye:rrR2Y#3X�61*'•e".�1H90ffa a�,t�eils 9:C f0 fs'tY to nano sin w..Yf4Jlpnfiflalb wad If reCCtt1e018mIW 01!mil3fiinlllllrllumhw which l0entlfld!Ks transaction is . II ';s•""•k,tt. - rt,r:w ww n.^,:a.w 2,unM 1raRle7ltit;:. :V egdterea IarW:M!-dGCYmenf number vwhrM identifies Mia'flefroaCbOn is fm'"burniag3vot 11 Signature• Aophcellt3i3ry... �,•• car`+.e` : . ^f;1 June 22 , 1989 Mr. John Vallis, Chairman C/o Ms . Kathy Winn, Secretary Conservation Commission City of Salem One Salem Green Salem, Massachusetts 01970 Mr. Vincent J. Furfaro, President City Council of the City of Salem c/o Ms . Josephine R. Fusco, City Clerk Salem City Hall 93 Washington Street Salem, Massachusetts 01970 Mr. John Bertini, Rep. of JAB Trust c/o Bertini ' s, Inc . 284 Canal Street Salem, Massachusetts 01970 John Serafini, Sr. , Esquire Serafini, Serafini & Darling 63 Federal Street Salem, Massachusetts 01970 Mr. Ralph Kardon DEQE (Metro Boston/Northwest Region) 5 Commonwealth Avenue Woburn, Massachusetts 01810 Re: Salem Conservation Commission Order of Conditions for DEQE File Number: 64-180 Applicant: John Bertini Page two Gentlemen: On June 15 , 1989 the Salem Conservation Commission issued an Order of Conditions (a copy of which is herewith enclosed) regarding a Notice of Intent filed by applicant John Bertini and known as DEQE file number 64-180 . Mr. Bertini seeks municipal approval to pave and to fence an area of land located proximate to Kimball Road, Salem. A copy of the Preliminary Site Development Plan submitted with said Notice of Intent is herewith enclosed, and, as such, describes the area to be affected with particularity. We own the property known as 7 1/2 Adams Street, Salem, and labeled "A" upon the attached plan. Our property directly abuts the land upon which Mr. Bertini proposes (via the Notice of Intent) the paving and fencing work to be done. As such abutters, and persons aggrieved by the determination of the Conservation Commission we seek to: 1 . request the DEQE to issue a Superseding Order consistent with the provisions of M.G.L. c . 131, s . 40 and 310 CMR 10 . 05, and/or . 2 . appeal the determination of the Conservation Commission to the City Council of the City of Salem consistent with Section 9 of "An Ordinance Pertaining to General Wetlands , Ordinance" of the City of Salem (hereafter "Wetland By-Law" ) . We invoke the above statutory avenues of review because: 1 . the proposed work to be done is significant to public or private water supply, to the ground water supply, to flood control, to storm damage preservation, to prevention of pollu- tion, or to the protection of wildlife habitat; or 2 . the proposed work under the Order of Conditions is inconsistent with 310 CRM 10 . 00 and does not contribute to the protection of the interests identified under M.G.L. C . 131, section 40, The Wetlands Protection Act, or 3 . the Conservation Commission's act was arbitrary, capricious, in excess of its authority under the City of Salem' s "Wetlands By-law" , and/or said action was unsupported by evidence. Page three The factual basis for our contentions are as follows . We have lived for over seventy years next to the area subject to the proposed work in the Order of Conditions . For the greater portion of this time period, this area was wetlands . In other words , the "Bertini" site was a marsh, consistently wet and heavily vegetated. (See copies of photographs showing an ice skater on the frozen marsh which is the exact location of the subject site [ 1971] , copy of picture of site in 1986 prior to filling and showing extensive vegetation ( i .e . Cat O'Nine Tails ] , and copy of two pictures showing vegetation removal . ) However, in 1986 , Mr. Bertini (applicant and owner of the site) permitted various construction companies to park/store vehicles near the site. During this recent time frame, these companies have progressively removed vegetation, and filled in more and more of the area once wet and vegetated. This activity eliminated the wetland and created the "parking area" now under scrutiny. The applicant presently seeks approval for work to be done in the so-called "Buffer Zone" . This request merely ignores the fact that wetlands previously had been altered to create the present day appearance of a near-by "Bordering Vegetation" wetland and "Resource Area" . The categorization of the present day "Wetland Boundary" , as prepared by applicant ' s expert Gulf Maine Research Center, Inc . , is artificial ; it masks the worst form of continuous and deliberate wetland Protection Act violations . Kindly review the attached Army Corps . of Engineers communication date April 17 , 1989 confirming same, and, previously offered into evidence to the Conservation Commission (hearing date June 8 , 1989 ) . Further, the Order of Conditions as fashioned does not protect our property from erosion or flooding. Presently, our land is subjected to flooding and erosion by reason of the nearby wetlands . To pave an extensive area as suggested could only create less of an area to consume rain water. The rain water is supposed to be channelled into an existing drainage pipe, which pipe runs parallel to (and within a few feet from) our property. The present discharge volume from the drain has already caused increased flooding and erosion to our property; it follows that an increase in discharge volume would exacerbate the present condition. The Conservation Commission erred in its evaluation of this consequence because it (the Conservation Commission) wrongly assumed the position of the discharge pipe outlet. At he Conservation Commission hearing, our son-in-law, Leo Pellitier, testified to the actual location of the discharge pipe outlet, which location in fact causes a Page four great impact to our property. Lastly, the extension of the fenced-in area will diminish areas utilized as habitats for local wildlife. Since the presence of the trucks on the site, we have witnessed a great movement of wildlife into our ( literally) backyard. Again, it follows that the proposed increase in pavement and fencing is likely to adversely impact upon the local wildlife. This point was also raised at the hearing before the Conservation Commission. Further details are available upon request. Respectfully submitted, c Clarana M. Ellis L_ John F. Ellis 7 1/2 Adams Street Salem, Massachusetts 01970 CC: Mark P. Blair Ward 7 Councillor Mr. Steven W. Congdon U. S . Dept . Army Corp. Engineer Form 5 0EOE File No. �. 64- 180 ITo be orovweo by OEGE) SALEM 1 Commonwealth CIIyrTcw 1 of Massachusetts Aod�l John R a r Y i n i Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From Salem Conservation Commission To .Tnhn Rarrini JAB Trust (Name of Applicant) (Name of property ownerl c/o Bertini ' s Inc. Address 284 Canal St. , Salem, MA 01970 Address same This Order is issued and delivered as follows: ❑ by hand delivery to applicant or representative on (date) (a by certified mail.return receipt requested on June 14, 1989 (date) This project is located at Canal St. and Kimball Rd. The property is recorded at the Registry of Essex Bock 3955 Page 530 Certificate(if registered) The Notice of Intent for this project was filed on May 26, 1989 (date) The public hearing was closed on June 8, 1989 (date) Findings The Conservation Commission_ has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Commission_ at this time.the Cnmmiacinn has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): ❑ Public water supply Q Flood control ❑ Land containing shellfish ❑ Private water supply- Q Storm damage prevention ❑ Fisheries Cl Ground water supply Q-. Prevention of pollution Cl.- Protection of wildlife habitat 5.1 Therefore, the Commission hereby finds that the following conditions are necessary, in accordance with the Performance Standards set forth in the regulations. to protect those inter- ests checked above. The Commission orders that all work shall be performed in accordance with said conditions and with the Notice of Intent referenced above. To the extent that the fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas- ures, 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 necessity of complying with all other applicable federal, state or local statutes,ordinances, by-laws or regulations. 4. The work authorized hereunder shall be completed within three years from the date of this Order unless either of the following apply: (a) the work is a maintenance dredging project as provided for in the Act:or (b) the time for completion has been extended to a specified date more than three years, but less than live years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth In this Order. 5. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used In connection with this project shall be clean fill. containing no trash.refuse, rubbish or de- bris. including but not limited to lumber, bricks,plaster, wire• lath, paper,cardboard, pipe, tires. ashes, refrigerators, motor vehicles or parts of any of the foregoing. 7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if such an appeal has been tiled,until all proceedings before the Department have been completed. 8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the land Court for the district in which the land is located.within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor index under the name of the owner of the land upon which the proposed work is to be done. In the case of registered land, the Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which the proposed work is to be done. The recording information shall be submitted to the Commission on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not fess than two square feet or more than three square feet in size bearing the words,"Massachusetts Department of Environmental Quality Engineering, File Number 64-180 10.Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 11. 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. 12.The work shall conform to the following plans and special conditions: Plans: Title Dated Signed and Stamped by: On File with: a Development Plan 5/ 19/ 89 T&71 Engineering Assoc . Salem Conservation Commission Special Conditions(Use alldidonaJ paper it necessary) See attached ................................................................................... . (Leave Soace Blank) Plans: Title Dated Signed and Stamped by: On File with: Special Conditions(use additional paper it necessary) ....................................................................................:.................................................................................................. (Leave Soar Blank) 5.36 John Sertini 284 Canal St. DEQE # 64-180 Special Conditions : 1 . ) The fence to be installed shall be a six foot high chain link fence with a single opening relocated to the front , northeast corner and shall be built in accordance with the above-named plans . 2. ) Hay bale dikes shall be placed along the perimeter of the area of work as per plan. 3. ) No hazardous materials including petroleum products nor materials hazardous to wetlands including salt and sand shall be stored within 100 feet of the bordering vegetated wetland. 4. ) Existing fill shall be removed immediately and thereafter only clean fill may be stored within the fenced area only. 5. ) Four granitic boulders (approximately 3 to 4 ft. diameter) shall be removed immediately from wetland area behind fence. 6. ) Slope shall be brought to such a grade so as to prevent puddling. 7. ) Gas traps shall be maintained on an ongoing basis and will be cleaned a minimium of once a year. 8. ) The chain link fence shall be kept in good repair. 9. ) Drain pipe shall be installed in accordance with above-named plan. 10. ) Area to the far left of the proposed fenced area shall be revegetated and all other work shall be performed as per Order of Conditions issued for DEQE case #64-159. 11. ) Flags indicating wetland boundaries shall remain intact. CM110 Issued By 1 a Conservation Commission Sign ?rets) 1 This Order must be signed by a majority of th�C nervation Commission. /S ay of before me On thhy to me known to be the personally appear person described in and who executed the foregoing instnanent and acknowk�dged that he/she executed. the same as his/her tree act and deed. elf Notary Public ; ytY commission Paes The avdoant.the(niffW,WY MGM e9Waved by title Order.•nY owner M arnd ebudMg the tartd upon whkh Moa Oroboeed laorx tl G don•Pr any tan retlldshr" he oty or town n wfllah ouch and is bead ere hereby notified of CIMrgM to request Mie om)wvnad of don o r a nMCtrWItY f7gkne•reg to is"•Sw•rsedhg Order:Prowdeg the n aueet ainude by e•railed lnegar fiend deWwY l0", -T, the nwar nwlt Nonan ten dry•iron tree dot•of Issuance of Moe Ordw.A CMY of the realMst•heli at Ma•ems ane be awl by CaMMd Mail of hand dOWfW Y to the Conserretian Camma.Lan and tM aooaeerd." - 9 v m Y) C U1 N k.. -O 8 ca i N : .a »V3 - - prior to eommeneement of wore. Daaeh on dotted linaarldaubmit to the a C L O I!lumq Autnonry To Please W elms"that Mia Order of COndnitlfq for the Protect a and._. _ . File Number has been raearded at the Registry of . O 7 ryas been noted n the chain of bas of the enacted Proo"In accordance with General Conation B M —• 19_ II mcorded land•the allbument number which Idenbfies this transaction is II regralweo lend•the document number which oenldies this Variwiton is . . . , __.. Apalu:ult INC. SINCE 1940 May 16, 1989 11VI,rH HAY 1 1 lqp" V CITY OF,SAUM •TR.AT,TT4 T)F,P'r Mr. Hobert L. Blenkhorn, C .H .O. Health Agent City of Salem Health Department Board of Health Salem, Massachusetts 01970 Dear Mr. Blenkhorn: In response to your letter regarding the complaints from Ward 7 residents , relative to the property at the foot of Kimball Road , I would like to advise you of the following: pp 1 . Tetrault Hot Top, a pavins company , which operates fc�xcx ! approximately eight months of t e year, has been �t2 v� parking on these .premises for over ten years . Their II Hours of opera tori are from 8:00 a.:;m. -till4 :00 p.m. i 2. Pumel Construction has used t is nronertvfor narkina their trucks for over four years. Normal operatine hours are rom 8:00 a.m. till :00 p.m. aowever, they �� , have been con rac e y e i y of Salem to do plowing 6;lrflrn and sanding during the winter months, which would cause 6`30 t4 5 them to start their vehicles, for emergency work for public service , at other than normal working hours . In the past , the area used by Pumel Construction was used FJ/ai,�, as a sta ind area for construction materials , such as sand , WA m ommittee has put cease and desist order on .he proper-U , for r}y � 1 loa curbing, ies , an crushed stone . he Conservation r a allowing only the venicYes o come an o urine normal �} � ' wor my ours , so no oadin& or unloading of ma eria s nas Tn�T-�h t taken place . _ AQ " If you have any further questions , please do not hesitate to g contact me . S ' ncerely , i r RECEIVED BY ROBERT E. BLENKHORN C.H.O. d I John A. Bertini 4j"16! 6A'A'n w HEALTH AGENT j i 284 CANAL STREET SALEM, MASSACHUSETTS 01970 TEL. 7441438 COMMONWEALTH OF MASSACHUSETTS ESSEX COUNTY REGISTRY OF DEEDS SOUTHERN DISTRICT 32 FEDERAL ST. SALEM 01970, ' JUNE 15, 1989 JOHN L. 0'B RIEN, JR. R E C E I @9_ED REGISTER 741-0201 J U N 16 1989 Attn: Kathy Winn RUN pUu%'jBjtl,& DEPT Salem Conservation Commission 8!V One Salem Green Salem, MA 01970 to John L. O'Brien, Jr. Register of Deeds RECORDED: JUNE 15, 1989 $10.00 ONE ORDER OF CONDITIONS FOR PROPERTY OWNED BY JAB TRUST ( JOHN BERTINI) 284 CANAL STREET PLEASE RETURN COPY WITH PAYMENT TO: Bill FROM: Kathy SUBJECT: Ward 7 Concerns According to the registered letter signed by 18 Ward 7 residents, the major concerns facing the Adams Street/Bertin Lane/Kimball Road neighborhood are: 1) Car Wash - Located at corner of Canal St/Kimball Rd., this facility has coin operated machines which apparently are available foe use 24 hours/day. Recent removal of vegetation for shopping mall drainage pipe has increased noise (screeching tires, loud music) level associated with car wash. Residents are asking that machines be shut off at a reasonable hour and that signs be posted and police patrols be undertaken. 2) Pumel Construction/Tetrault Hot Top Co. - Residents claim these operations have expanded, cutting down wetland vegetation and residents question whether these uses are legal and are properly permitted. In addition to noise created by heavy machinery which residents claim operate on weekends and in early morning, residents are concerned about the effect on the wetland buffer zone. Residents charge that piles of salt and sand are stored on-site and that trucks are washed and engines are worked on, possibly causing harmful run-off into the wetland. As you know, this issue is being addressed by the Conservation Commission. 3) Drainage Pipe Installation - To date, none of the vegetation removed for the shopping mall's drainage pipe has been replaced and the pipe's opening is not secured as required in conditions set by Planning Board. Residents are asking Planning Board to address this. 4) Adams St. Fence - A fence at the top of Adams Street apparently was constructed to prevent children and vehicles from going over a cliff and entering the mall area. There is a gaping hole at the end of the fence making it an unsafe area. Residents are asking for a new fence however, it is unclear who owns the fence and who residents think should take responsibility for its condition. M48 WP �kury c��� C z Conservatim C017 missim F1 �yW Salem. Massachusetts 01970 X11, SS CITY OF SALEM CONSERVATION COMMISSION NOTICE OF PUBLIC HEARING On Thursday, June 8, 1989 at 7:30 p.m. , the Salem Conservation commission will hold a public hearing under the Wetlands Protection Act, Mass. G.L. Chapter 131, Section 40, at the request of John Bertini, 284 Canal Street, Salem MA. The proposed work involves extension of a paved parking area and installation of a fence. The proposed project is located within the buffer zone of a Bor dering Vegetated Wetland. The hearing will be held at One Salem Green, second floor conference room. 4J John Vallis Chairman May 31, 1989 RECEIVED JUN 09 198 .9// SALPL �'rlNG �2Pi �o���no 'cv�v 9//Zasssetr ooal"'Inev?z ofC�/ZUII`Of!/IZt/7tQ� !!!!/� (j �,. �-� �� ✓11et.•O�O�ta2 �osto� - �1o�lleast �n��osz fir= ��� S,/>✓ 6'o�nnzonurra��� ✓Zurilr�e Daniel S. Greenbaum 7poy'avylij 016101 Commissioner 617/935-2160 ��R£: NOTIFICATION OF FILE NUMBER: �0 DATE: VfLW99 O WETLANDS/ , 0/'o ci y town This Department is in receipt of the following application filed in accordance with the Wetlands Protection Act (M. G . L. Chapter 131 , Section 40) : APPLICANT: ��j-� od �x�41 OWNER OF LAND: TA& /}[ ADDRESS : ndij Itit• ZEA/ (Mlc�� • ADDRESS : �cSF}FVe� .Sam; MA . epi�a �> PROJECT LOCATION: Although a file = is being issued, the possible following deficiency (ies) in the filing have been noted: No File f will be assigned to this project until the following missing . forma- tion. is sent to this office to complete the filing in accordance with the Act: ( ) Plans ( ; .:otice Intent Locus Map (Title 5y Plan ;Appendix_ A Documentation COALMENTS : ( ) P.pplication has been Forwarded to the Waterways Licensing Program to deter- r.ine if a Chapter 51 License is required. ( ) Applicant is advised to forward a copy of the Notice of Intent to the Army Corps of "ngineers for Sec. 40, review (Call 1-800-362-4367 for furts)er information) . ( ) Project may �eguire a Wateri Quality Certificate. Applicant is advised to contact the 5E- Q7 Division of Water Pcllution Control ( 1 Winter St. , Boston, MJ., 02108 ; tel : (617 ) 252-5673) for forms and further information. ISSUANCE OF A F7LE NUMBER INDICATES ONL" COMPLETENESS OF FILING SUBMITTED, NCT APPROVAL OF APPLICATION . cc: ()() Conservation Commission Copies also sent to: ( ) DEQE Division of Water Pollution Control ( )((( U . S . Army Corps of Engineers , Regulatory Branch))) City or Town Board of Health Office of Coastal Zone Management Owner ^ :or the Commissione Section Cnief Sc.�h MR. P(°tom GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 27 April 1989 . Attorney Phillip Moran, Chairman Salem Conservation Commission 1 Salem Green Salem, MA 01970 RE: Bertini property located at Kimball Road, Salem, Massachusetts, DEQE File No. 64-159 Dear Mr. Moran: This letter is to provide additional information regarding wetlands on property owned by Placido Bertini, at Kimball Road, Salem, Massachusetts. In response to a request from the land owner, Gulf of Maine Research Center scientists conducted a site vist to this property on April 26, 1989. The purpose of this visit was to evaluate recent construction activity adjacent to a Wetlands Resource Area. More than one year prior to this visit, on February 3, 1988, Wetland Resource Areas on the site were identified and delineated by Gulf of Maine Research Center. The principal Wetland Resource Area on the site is a marsh containing cattail (Typha angustifolia) and common reed (Phragmites communis). This area, pursuant to the Commonwealth of Massachusetts Wetlands Protection Act Regulations (310 CMR 10.55) is defined as a Bordering Vegetated Wetland. This wetland appears to be fed by run-off and by a brook which enters the wetland from GULF OF MAINE RESEARCH CENTER INC. the north. Drainage flows from west to east via a small stream which runs under Jefferson Avenue. During our February, 1988 site inspection, the boundary of the Bordering Vegetated Wetland was located and delineated according to the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.55), which state that "the boundary of a Bordering Vegetated Wetland is the line within which 50% or more of the vegetation community consists of the wetland plant species identified in the Act". In accordance with these Regulations, other plants not listed in the Act were utilized and their wetland/upland affinities were determined from the U.S. Fish and Wildlife Northeast Region Wetland Plant List (1986) and from field experience of Gulf of Maine personnel. Fourteen wetland boundary flags were placed along the southeastern edge of the wetlands, perpendicular to Kimball Road. These blue surveyor's ribbon flags were numbered A-1 through A14. The majority of these flags were still present during our April 26, 1989 site visit. Recent construction work related to development of a parking area at the site has occurred in upland portions of the property adjacent to the edge of the Bordering Vegetated Wetland delineated by flags Al through A14. Site alteration has included the clearing of brush and woody vegetation, stockpiling of dirt (clean fill), and the stockpiling of crushed road asphalt and other construction materials. In addition, in order to drain the upland parking area, a concrete storm drainage culvert has recently been placed parallel to the southwestern property boundary, and a small drainage channel has been dug at the end of Kimball Road to facilitate further parking area drainage. It is our determination that all work has been conducted in upland areas only, although dirt stockpiles have been mechanically pushed up to the upland/wetland boundary line. Unfortunately, 4 large granitic boulders (approximately 3 to 4 ft diameter) and 3 smaller stones (approximately 2 to 3 ft diameter) have also been pushed into the Wetlands Resource Area behind the fenced vehicular parking area. To date, no further direct alteration of the Bordering Vegetated Wetland Resource Area has occurred. However, since recent construction activities related to the parking area development have occurred within the 100 ft Buffer Zone bordering GULF OF MAINE RESEARCH CENTER INC. this wetland (310 CMR 10.01), the Wetlands Protection Act (M.G.L. Chapter 131, Section 40) is applicable and a Notice of Intent covering this work is required. A Notice of Intent (DEQE File No. 64-159) was filed by Mr. John Bertini and Mr. Frank Bertini, Trustees of Jefferson Trust on March 9, 1988. The resulting Salem Conservation Commission Order of Conditions permits construction of the new storm drainage culvert, as long as all work conforms to this Order of Conditions. Mr. John and Mr. Frank Bertini plan to apply to the Salem Conservation Commission in the near future for permits for the remainder of the work which they propose to carry out in the 100 ft Buffer Zone. In summary, it is our opinion that no work has been conducted in any Wetlands Resource Area. A total of 7 large boulders have inadvertantly rolled into the wetland and should be removed. A Notice of Intent requesting an Order of Conditions is being prepared and will be submitted in the near future for the remainder of the work to be conducted within the 100 ft Buffer Zone. Should any further questions arise regarding this matter, please do not hesitate to contact me or my assistant, John A. Bleiler. Sincerely, Hugh F. Mulligan, PhD Director Citp of Oatem, magoacbUgetto Office of the Citp Council Citp *att ��MINB WARD COUNCILLORS VINCENT J. FURFARO 1989 COUNCILLORS-AT-LARGE PRESIDENT 1989 GEORGEA.NOWAK DONALD T.BATES JOSEPHINE R. FUSCO KEVIN R.HARVEY FRANCES J.GRACE CITY CLERK VINCENT J.FURFARO NEIL J.HARRINGTON LEONARD F.O'LEARY JEAN-GUY J.MARTINEAU GEORGE P.McCABE June 7 1989 / SARAH M.HAVES MARK E.BLAIR Attorney John Vallis, Chairman Conservation Commission City of Salem Salem, Ma. 01970 Dear Chairman Vallis: I wish to share my concerns with the Conservation Commission about the filing of a Notice of Intent at 284 Rear Canal Street. Because of a regularly scheduled City Council Meeting on Thursday, June 8, 1989, I may not be able to attend your public hearing. It is my understanding that the applicant wishes to extend his parking lot toward the wetland. Please keep in mind that not all this area being discussed is in a business zone. Currently there are two businesses located in the subject area. I feel it is important to note that an asphalt - and construction company are located here. To my knowledge, under current City of Salem Zoning Laws, the above business usage is not allowed and there is no Special Permit on file. Yes, movement of earth and filling has taken place since last November. The Conservation Commission did an on site visit a couple of months ago. The current use is not a simple parking lot for the restaurant. Finally, I hope that a complete and accurate description of use is given by the applicant both current and future. Even tho- ugh the area residents don' t have an attorney or consultant re- presenting them, their concerns are serious and I know they will have helpful information concerning 284R Canal Street. Very truly yours, MARK E. BLAIR COUNCILLOR WARD SEVEN MEB/jc 3 6 �mm�ffire of SuIrIn (lei#g fduixxttil Salem, Auzz_ 91979 Attorney John Vallis, Chairman Conservation Commission rM'P o r T- n r-- s o Y, a 'S� ne rrircs., . GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 Enforcement Regulatory Branch May 23, 1989 Operations Division Department of the Army New England Division, Corps of Engineers 424 Trapelo Road Waltham, Massachusetts 02254-9149 RE: Bertini property located at Kimball Road, Salem, Massachusetts ATTENTION: Denise Leonard, Project Manager Dear Ms. Leonard: This letter is to provide additional information regarding wetlands on property owned by Placido Bertini, located behind Bertini's Restaurant, in Salem, Massachusetts. The correspondence that our client has received from your office is an April 17, 1989 letter in which you request further information regarding the "fenced in parking area for trucks and construction equpment behind Bertini's Restaurant, as well as the entire adjacent area of wooded swamp land, where ongoing filling of the wetland has been documented by the Corps". The principal wetland area on the site is a marsh containing cattail Ry1LL angustifolia) and common reed (Phragmites australis). This wetland appears to be fed primarilly by run-off and by a brook which enters the wetland from the north. Drainage flows from west to east via a small stream which runs under Jefferson Avenue. During a February, 1988 site inspection, the boundary of the Bordering Vegetated Wetland was located and delineated according to the Massachusetts Wetland Act Regulatoions (310 CMR 10.55) which state that "the boundary of a Bordering Vegetated Wetland is the line within which 50% or more of the vegetation community consists of the wetland plant species identified in the Act". Fourteen wetland boundary flags were placed along the southeastern edge of the wetlands, perpindicular to Kimball Road. The majority of these flags were still present during an April 26, 1989 site inspection. GULF OF MAINE RESEARCH CENTER INC. Recent construction work related to development of a parking area at the site has occured in upland portions of the property adjacent to the edge of the wetland. Site alteration has included the clearing of brush and woody vegetation, stockpiling of dirt (clean fill), and the stockpiling of construction materials. In addition, in order to drain the upland parking area, a concrete storm drainage culvert has been placed parallel to the southwestern property boundary. This drainage culvert was permitted after the filing of a proper Notice of Intent with the City of Salem Conservation Commission for work within the 100 foot buffer zone of a bordering vegetated wetland and recieving an Order of Conditions to regulate this work. Gulf of Maine Research Center has recently inspected the site (April 26, 1989) and it is our determination that all recent work has occurred in upland portions of the Bertini property, although dirt stockpiles have unfortunately been mechanically pushed to the upland/wetland boundary line. In addition, 7 large granitic boulders (4 of approximately 3 to 4 feet , and 3 of approximately 2 to 3 feet) have inadvertantly rolled into the wetland behind the fenced vehicular parking area. Mr. John Bertini met with the Salem Conservation Commission on April 27, 1989 to discuss the recent construction activity adjacent to the wetland on this property. It was determined by the Salem Conservation Commission that: -the Notice of Intent filed March 9, 1988 and the resulting Order of Conditions (DEQE File No. 64-15) permitted placement of the concrete storm drainage culvert parallel to the southwestern property boundary in order to drain the upland parking area (see enclosed Order of Conditions), and; -a new Notice of Intent covering the additional work related to the clearing of the property for parking is necessary. Gulf of Maine Research Center is currently preparing this Notice of Intent whcih shall be submitted on or before May 26, 1989. Our client has assembled the following information in order to respond to the nine (9) questions raised by the Army Corps of Engineers. 1. Why did the work commence without the necessary Corps permits? According to City of Salem wetlands maps, and to the Gulf of Maine Research Center wetland delineation, the work was performed outside of the Wetland Resource Area and the property owner believed that no permit from the Army Corps of Engineers was required. 2. Please furnish us copies of any local, state, or federal permits which you have received regarding wetlands fill at the work site behind Bertini's restaurant in Salem. GULF OF MAINE RESEARCH CENTER INC. To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. Enclosed you will find: a copy of the City of Salem Conservation Commission Order of Conditions permitting placement of the culvert on the property; a recent site plan to be included with the May 26, 1989 Notice of Intent; and a letter from the Gulf of Maine Research Center to the City of Salem Conservation Commission (27 April, 1989). 3. On what date did the unauthorized placement of fill commence (be specific)? To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. Our client leases a portion of the land in question to a construction company. Periodically piles of fill are temporarilly stored on upland portions of the property by this company; however, this fill is neither intended for nor used to fill wetlands. Piles of fill are routinely removed and used on other off-site projects by this construction firm. 4. What percentage of the project is now complete. To the best of the property owners knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. A Notice of Intent covering the additional work related to the clearing of the property for parking is currently being prepared and shall be submitted on or before May 26, 1989. The enclosed site plan will be submitted with this Notice of Intent. The portion of the land leased to the construction company is used soley for materials storage: all of their work is done at other sites. 5. What is the volume of fill placed (cubic yards); What is the area of fill placed (square feet)? To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. 6. What is the reason for this placement of fill material in the wetland area? To the best of the property owners knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. 7. Who actually placed the fill in the wetlands? To the best of the property owners knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. GULF OF MAINE RESEARCH CENTER INC. 8. Please provide drawings, to scale, which show the wetlands at the site as they existed prior to filling and construction and how they exist now. Enclosed you will find: the site plan referenced in Response #2; and, an aerial photograph of the site. According to the property owner, this aerial photograph was taken sometime in the late 1960's or early 1970's. The area that today is the fenced-in parking area behind Bertini's Restaurant is clearly outside of the wetland at the time when this photograph was taken. The property owner is currently assembling documentation necessary to more accurately date this photograph. Once these data becomes available, your office shall be informed in a timely manner. 9. At any time during the planning of this project, were you aware of the Corps jurisdiction? At any time during the construction phase of this project, were you aware of the Corps jurisdiction? Our client is currently aware of the Corps jurisdiction, but was not aware during the early planning phase of this project. Our client intends to proceed and act with full respect for the procedures of local, state, and Federal government. The property owner does not believe that any un- authorized fill was placed in any wetland at this site in violation of any local, state, or federal act. Once the property owner has assembled the documentation necessary to date the enclosed aerial photograph, we hope to demonstrate that all work conducted at this site was in compliance with local, state, and federal regulations, and that no fill was placed in wetlands at this site. Should any further questions regarding this matter arise, please do not hesitate to contact me, or my assistant, John A. Bleiler. Sincerely, Hugfh F. Mulligan, PhD Director GULF OF MAINE RESEARCH CENTER INC. cc: Mr. John Bertini 284 Canal Street Salem, MA 01970 Mr. John Vallis, Chairman Salem Conservation Commission One Salem Green Salem,MA 01970 Attorney John Serafini, Sr. 63 Federal Street Salem,MA 01970 I a ILL lag 144 _ 382p0 °o 6 ° X26 0 P O N D 1 9 9 i C. o :^� --9.9 " 2959 I u M32—L8 8 Y Ao 4 33.04AC X �ti c E�ti � 40 g • y�. a. p . 1111// uIN. ^ M � ad — `130001,3'S Ir/ " I oN9 0 (� 31,438 102 v O o _v 235e.� ° �. v . Q. • a a SS11 rO 3/438 35 r o aND • 5�0o Q p y a 5� 6 /3s4/i/ .�,. 36 b 500 r • gZZ6 O • � Sq •° °y P°O A / 8923 " o D 6 5 ht� o0 9 Dry I r e Z 026 `L25 w c " O 1'1fj5 �� °. • °O paF• °i 04 L) O ,. 3 9 • Fz6 \ 4 \�� 33 p 000 • e O , ,� 1F,1 ?? qa 15,367 • o o SCOO \' 10 O1 ° . 30 685 y V` y 66 6Y.46 AC0 ad 86479 ILL 0N 8o o� 5y0 A31y163 e� + `o ° 10 Y4725 5000 �• aw \� AB 55 65 WWI Z\f� y 0� Ag $� 5905 / 162 - \ p — — b00 3s ° a '� °\0� �`\0�\ ° � �e. Q• �° A An\� V e , V Z\6 056" 1o�'(0 29 » et a 1a° /2/00 0 �' ° 110 xrbpo D h \ 11 250 191 So .\ `\\ '�/O �� 2567 �, iia •t" o p4 2 1, �� Joy 't/ ,QUI Nt/4, 40051 r II 4470 �s ri C 0 Sp Foo 170 40 j tt 'A ^+ k1••t FDD 2 • �11�1 O 4949 nnD � k'Fr I 1 BOARD OFASSESSORS PAGE. CITY HALL • 2 is 4 5 495 SUBJECT PROPERTY: MAP. 32 LOT-. 0102 SUFF. MAP: 32 LOT: 35 6 PROPERTY ADDRESS." 0002 KIPIBAL.L. ROAD 0005 KIMBALL ROAD I • :IT 8 '�PLA �7 �­IB RFINI, CLOD! I I IA, 7 7 1, ......... A J '3, 10 lie 6 ` F 'N PERTY--ADD RR - 10 13 � oil 23 LI-144 0282 CANAL STREET REAR 4 ESTHER REALTY TRUST 264 CANAL STREET 49 5 12 SALEM MA 01970 16 77 3 003, ADAMS oS TREE.T. E, •14 �8 0 9 o, ;AARR I"1, 20 5 2�( .. ..... 15 0005­ADA)'qS,%,STREtT, 16 DAWNS EDLUND SALEM MA 01970 21 22 •1J 23 0155 0007 ADAMS STREET LANDRY ELIZABETH M 7 ADAMS STREET 2310 18 SALEM MA 0,1970 24 F, 26 0 •20 o I I 'o I, �n o' 2 7 o ;SAI- MA, ..............C G 'At I, , , , " 2 „wyA KAMS�,�oze HXGIi!tbbRf:RAND L, 22 BIANCHI ALICE P SALEM MA 01970 29 •23 23 0156 0001 BERTINI LANE VISEL.L.I CARMEN I BERTINI LANE 31• 24 TRFLLI POTRICIA SALEM MA 0,1970 32 -3 S,1111 I, ...... 33 'o 5 "goo, 1.­�NANCY� - 25 AN r 0 o ....... 34 I MA'I 970 2 6 £nr1"' `SAI EP TIka> 350 27 si�qii, j 36 28 0004' %P-Ek,71 N-%f't-A R,*_RT CHA R D; A,;, fwf , ...... 7 PAULINE N SALEM NA 01970 T38 029 213 0-161 0011 ADAMS STREET CREAN CORNELIUS J 11 ADAMS STREET 390 30 �CREAN CYNTHIA L. SALEM MA 0.1970 40 41 RT)"AL. H" �'I WDAMSsSTR jf%,,T,`�"I" 31 0014 ST;REE T�. ........ 0 32 420 Wr THIA '�K,_ 43 b EbA ",.8A1_EPV "CAN ...... A[,.-_,T­,I' 1717o oQ EFFtRS6W,`,'_TRQSV1' �111 .52 ... '1,03 ftiAE, rot -I% T" e. 44 ,,,o 33 1 J E'I I 34 E-ERT1141 J A & BERTINI F C TRS SALEM MA 0-1970 45 46 •35 32 0031 0322 CANAL STREET - JEFFERSON-ERSON TRUST THE 284 CANAL. ST 470 36 BERTINI J A & EIERT1141 F C TRS SALEM MA 01970 48 C -.)"W 18T% ........... W9 37s. ANAL ::STREET; T Fo �,­( DE,- AL'Em-,kc-Atf YITR f"K$( "Z t 5 A 1.4 ,T R .......... •38 -xN ei,i,'C 5 1 T..): 52 I Jo & 39 BALL _,�P',&,,L, .REAL _`TRUST,,' 40 PELLETIER R W & PELLETIER L C TRS SALEM NA 01970 53 • "o 41 32 0036 0266 CANAL STREET )�J A E?. TRUST 284 CANAL. ST 54 4 42 BERTINI JOHN A TR SALEM NA 0.1970 56 ST'�, 57 43 8-�..C eTRU.-' ; 0 A kEET "3 XN AL41 I'SIT, ........ 58 0 su •AIX..... 1�,:I: 5 9 ',,r 45 2a &6''CAN A LI'8-1 TREE...` n,2 6,6,ic......... 3QaREE Tsx w3 'i 60 46 SALEN tvtA 01970 81 0 47 :23 o 48 64 7, 7 49 1 11: 0 50 67 68 0 51 69 52 053 700 71 54 72 -TER,1 74 7, 73 5 1" _7 •56 A -1117 7 R4 Pi at 471 , �o-- �� i • E� � r 17 IL j% i I ae c,Csrl� / Y /)diConjIJ ✓�7uc f1 % �� y CITY OF SALEM HEALTH DEPARTMENT APR BOARD OF HEALTH 0`� Salem, Massachusetts 01970Tpq,, ROBERT E. BLENKHORN90RTH STREET HEALTH AGENT �'. (617) 741-1800 ° March 30, 1989 John A. Bertini, Trustee 284 Canal Street Salem, MA 01970 Dear Sir: Complaints have been received by this department from Ward 7 residents in the form of a petition relative to the noise emnating from trucks and heavy equip- ment at the rear of your property the toot of Kimball Road at all hours, creating nuisance conditions. They also complained that the area is being used as a staging area for salt/sand and feel that this mixture, coupled with gasoline from the trucks are running into the wetlands area. An on site inspection noted trucks and other equipment being stored at this location. Please be advised that Chapter 161, of City of Salem Ordinances is in force and the following regulations pertaining to noise apply: Noise Control Section 161,-1 Certain Noises Prohibited Generally It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which: Annoys or disturbs a reasonable person of normal sensitivities. Noise Control Section 161,-2 Specific Noises Enumerated The following acts, among others and the causing thereof are declared to be loud disturbing and unnecessary noises and to be in violation of this chapter, but said enumeration shall not be deemed to be exclusive namely. Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument sound amplifier or similar device which produces, reproduces or amplifies sound: Between the hours of 11:00 p.m. and 7:00 a.m. the following day in such manner as to create a noise disturbance as set out in section 161,-1 across a real property boundary except for activities open to the public and for which a permit has been issued by an (appropriate authority) in Salem. continued SALEM HEALTH DEPARTMENT ° 9 North Street Salem, MA 01970 Sohn A. Bertini, Trustee Page 2 of 2 March 30, 1989 Noise Control Section 16'2-2 Specific Noises Enumerated In such a manner as to create a noise disturbance at fifty (50) feet (fifteen (15) meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters. Loading and unloading, manufacturing activities. Loading, unloading or other handling of boxes, crates , containers or building materials or similar objects and the engaging in manufacturing activities between the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across-aresidential real property boundary. Construction. Operating or permitting the operation of any tools or equipment .. used in construction, drilling, or demolition work between the hours of 6:00 p.m. and 7:00 a.m. the following day on weekdays or at any time on Sundays/weekends or holidays, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utitities or by special variance issued pursuant to the Salem Code of Ordinances. Kindly take immediate corrective action in this matter and submit to this department your written proposal for the resolution of this problem. Thank you for your cooperation. FOR THE BOARD OF HEALTH REPLY TO � E U. ROBERT E. BLENKHORN, C.H.O. V. MOUSTAKIS, HEALTH AGENT SANITARIAN REB/m Encl. Copy of Petition cc: Building Inspector Conservation Commission City Councillor Mark Blair City Solicitor Michael O'Brien CERTIFIED MAIL P-006-729-467 'CONO{4 e� a � A .1 CITY OF SALEM HEALTH DEPARTMENT BOARD OF HEALTH Salem, Massachusetts 01970 ROBERT E. BLENKHORN 9 NORTH STREET HEALTH AGENT (617) 741-1800 March 30, 1989 Old Salem Realty Trust Santo J . DeFrancesco 100 Jackson Street Salem, MA 01970 r Dear Sir: Complaints have been received by this department from Ward 7 residents in the form of a petition relative to the noise emanating from your property at 290 Canal Street. They complained of screeching tires, loud music and noise at all hours creating nuisance conditions. An on site inspection noted the Hasty Food Mart three (3) gas pumps at that location, as well as two coin-operated car wash bays. The following are excerpts from Chapter 162 of City Ordinances and the following regulations apply: Noise Control Section 16s-1 Certain Noises prohibited Generally. Annoys or disturbs a reasonable person of normal sensitivities. Noise Control Section 16'2-2 Specific Noises Enumerated The following acts, among others and the causing thereof are declared to be loud disturbing and unnecessary noises and to be in violation of this chapter, but said enumeration shall not be deemed to be exclusive, namely: Radios, television sets, musical instruments and similar devices. Operating, playing or permitting the operation or playing of any radio, television, phonograph, drum, musical instrument sound amplifier or similar device which produces, reproduces or amplifies sound: Between the hours of 11:00 p.m. and 7:00 a.m. the following day in such manner as to create a noise disturbance as set out in section 16',-1 across a real property boundary except for activities open to the public and for which a permit has been issued by an (appropriate authority) in Salem. continued °t. SALEM HEALTH DEPARTMENT 9 North Street Salem, MA 01970 Old Salem Realty Trust Santo J. DeFrancesco Page 2 of 2 March 30, 1989 Noise Control Section 16' -2 Specific Noises Enumerated In such a manner as to create a noise disturbance at fifty (50) feet (fifteen (15) meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters Loudspeakers/public Address Systems Using or operating for any noncommercial purposes any loudspeaker, public address system, or similar device between the hours of 10:00 p.m. and 8:00 a.m. the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone. Loading and unloading, manufacturing activities. Loading, unloading or other handling of boxes, crates, containers or building materials or similar objects and the engaging in manufacturing activities betwen the hours of 11:00 p.m. and 7:00 a.m. the following day in such a manner as to cause a noise disturbance across a residential real property boundary. Horns, signaling devices, etc. The sounding of horn or signaling device on any automobile, motorcycle, streetcar or other vehicle on any street or public place of the city, except as a danger warning; the creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sound- ing of any such device for an unnecessary and unreasonable period of time. The use of any signaling device except one operated by hand or electricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. Please take immediate corrective action in this matter, and submit to this depart- ment, your written proposal for the resolution of this matter. Thank you for your cooperation. FOR THE BOARD OF HEALTH REPLY TO ROBERT E. BLENKHORN, C.H.O. V. MOUSTAKIS, HEALTH AGENT SANITARIAN REB/m cc: Building Inspector Conservation Commission `/ Ward Councillor Mark Blair City Solicitor Michael O'Brien CERTIFIED MAIL P-006-729-468 GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES r 204 LAFAYETTE STREET SALEM,MA 01970 78 May 9, 1989 FAX050845-66 18648 Ms.Denise Leonard Project Manager Department of the Army V E New England Division, Corps of Engineers 424 Trapelo Road Waltham,MA 02254 Dear Ms.Leonard: This letter is to confirm our phone conversation regarding property at Bertini's Restaurant, bounded by Canal Street and Adams Street in Salem,Massachusetts. We have requested and received a 15 day extension from your office regarding the property of John A. Bertini. We plan to respond to your correspondence of April 17, 1989,on or before the 15 day extension expires, May 24, 1989. Should any further questions arise,please do not hesitate to contact me. Sincerely, John A. Bleiler cc: Salem Conservation Commission One Salem Green Salem,MA 01970 John A. Bertini 284 Canal Street Salem,MA 01970 Attorney John R. Serafini 63 Federal Street Salem,MA 01970 ;. GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX(508) 741-8648 COPY 27 April 1989 Attorney Phillip Moran, Chairman Salem Conservation Commission 1 Salem Green Salem, MA 01970 RE: Bertini property located at Kimball Road, Salem, Massachusetts, DEQE File No. 64-159 Dear Mr. Moran: This letter is to provide additional information regarding wetlands on property owned by Placido Bertini, at Kimball Road, Salem, Massachusetts. In response to a request from the land owner, Gulf of Maine Research Center scientists conducted a site vist to this property on April 26, 1989. The purpose of this visit was to evaluate recent construction activity adjacent to a Wetlands Resource Area. More than one year prior to this visit, on February 3, 1988, Wetland Resource Areas on the site were identified and delineated by Gulf of Maine Research Center. The principal Wetland Resource Area on the site is a marsh containing cattail (Tynha angustifolia) and common reed (Phra mites communis). This area, pursuant to the Commonwealth of Massachusetts Wetlands Protection Act Regulations (310 CMR 10.55) is defined as a Bordering Vegetated Wetland. This wetland appears to be fed by run-off and by a brook which enters the wetland from GULF OF MAINE RESEARCH CENTER INC. the north. Drainage flows from west to east via a small stream which runs under Jefferson Avenue. During our February, 1988 site inspection, the boundary of the Bordering Vegetated Wetland was located and delineated according to the Massachusetts Wetlands Protection Act Regulations (310 CMR 10.55), which state that "the boundary of a Bordering Vegetated Wetland is the line within which 50% or more of the vegetation community consists of the wetland plant species identified in the Act". In accordance with these Regulations, other plants not listed in the Act were utilized and their wetland/upland affinities were determined from the U.S. Fish and Wildlife Northeast Region Wetland Plant List (1986) and from field experience of Gulf of Maine personnel. Fourteen wetland boundary flags were placed along the southeastern edge of the wetlands, perpendicular to Kimball Road. These blue surveyor's ribbon flags were numbered Al through A14. The majority of these flags were still present during our April 26, 1989 site visit. Recent construction work related to development of a parking area at the site has occurred in upland portions of the property adjacent to the edge of the Bordering Vegetated Wetland delineated by flags Al through A14. Site alteration has included the clearing of brush and woody vegetation, stockpiling of dirt (clean fill), and the stockpiling of crushed road asphalt and other construction materials. In addition, in order to drain the upland parking area, a concrete storm drainage culvert has recently been placed parallel to the southwestern property boundary, and a small drainage channel has been dug at the end of Kimball Road to facilitate further parking area drainage. It is our determination that all work has been conducted in upland areas only, although dirt stockpiles have been mechanically pushed up to the upland/wetland boundary line. Unfortunately, 4 large granitic boulders (approximately 3 to 4 ft diameter) and 3 smaller stones (approximately 2 to 3 ft diameter) have also been pushed into the Wetlands Resource Area behind the fenced vehicular parking area. To date, no further direct alteration of the Bordering Vegetated Wetland Resource Area has occurred. However, since recent construction activities related to the parking area development have occurred within the 100 ft Buffer Zone bordering l 4I.II0 OF MAINE RESEARCH CENTER INC. this wetland (310 CMR 10.01), the Wetlands Protection Act (M.G.L. Chapter 131, Section 40) is applicable and a Notice of Intent covering this work is required. A Notice of Intent (DEQE File No. 64-159) was filed by Mr. John Bertini and Mr. Frank Bertini, Trustees of Jefferson Trust on March 9, 1988. The resulting Salem Conservation Commission Order of Conditions permits construction of the new storm drainage culvert, as long as all work conforms to this Order of Conditions. Mr. John and Mr. Frank Bertini plan to apply to the Salem Conservation Commission in the near future for permits for the remainder of the work which they propose to carry out in the 100 ft Buffer Zone. In summary, it is our opinion that no work has been conducted in any Wetlands Resource Area. A total of 7 large boulders have inadvertantly rolled into the wetland and should be removed. A Notice of Intent requesting an Order of Conditions is being prepared and will be submitted in the near future for the remainder of the work to be conducted within the 100 ft Buffer Zone. Should any further questions arise regarding this matter, please do not hesitate to contact me or my assistant, John A. Bleiler. Sincerely, Hfu�gh_ Fes. _M`ulligan, PhD Director I h ` t CitU 11{ aIPIII, c,7iM55iICI11I5£tf5 ;, ��% ��launing marl @nr fairm Gurn a Decision - Special Permit cri Wetlands and Flood Hazard District Frank and John Bertin 1v 284 Canal Street r CZ) Salem, MA 01970 Re: Kimball Road m n m On Thursday, April 7, 1988, the Planning Board of the City of Salem held a public hearing regarding the application of Frank and John Bertini for a Special Permit under Section P, Wetlands and Flood Hazard Districts of the Salem Zoning Ordinance, with respect to a proposal to install new storm drainage on Kimball Road, located in a wetland buffer zone. At a regularly scheduled meeting of the Planning Board held on April 21, 1988, the Board voted by a vote of five in favor, none opposed, to approve the application as complying with the requirements for the issuance of the permit with the following conditions: 1. Conformance with Plan Work shall conform to plan entitled, "General Site Development Plan, Loring Plaza Mall", dated October 13, 1987, revised March 10, 1988. Z. Conservation Commission Work shall comply with all requirements of Order of Conditions issued by the Salem Conservation Commission on April 14, 1988. 3. Test Borings Results of test borings shall be submitted to the City Planner for his review and approval. If the developer comes across a soft area, it must be stabilized and approved by the City Engineer. ✓4. Tree Removal All tress to be removed shall be reviewed and approved by the City Planner. 5. Construction Practices All construction shall be carried out in accordance with the following conditions: a. No work shall commence before 7:00 a.m. on weekdays and 8:00 a.m. on Saturdays. No work shall continue beyond 5:00 p.m. There shall be no work conducted on Sundays or holidays. b. All reasonable action shall be taken to minimize the negative effects of construction on abutters. Advance notice shall be provided to all abutters in writing at least 72 hours prior to commencement of construction. 5. Violations Any violations of these conditions shall result in revocation of this permit by the Planning Board. This Special Permit shall not take effect until a copy of the decision bearing the certification of the City Clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, and it has been dismissed or denied, is recorded in the Essex County Registry of Deeds and is indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or applicant. Walter B. Power, III v Chairman M36WP GULF OF MAINE RESEARCH CENTER INC. ENVIRONMENTAL CONSULTING SERVICES 204 LAFAYETTE STREET SALEM, MA 01970 (508) 745-6618 FAX (508) 741-8648 Enforcement Regulatory Branch May 23, 1989 Operations Division Department of the Army New England Division, Corps of Engineers 424 Trapelo Road Waltham, Massachusetts 02254-9149 RE: Bertini property located at Kimball Road, Salem, Massachusetts ATTENTION: Denise Leonard, Project Manager Dear Ms. Leonard: This letter is to provide additional information regarding wetlands on property owned by Placido Bertini, located behind Bertini's Restaurant, in Salem, Massachusetts. The correspondence that our client has received from your office is an April 17, 1989 letter in which you request further information regarding the "fenced in parking area for trucks and construction equpment behind Bertini's Restaurant, as well as the entire adjacent area of wooded swamp land, where ongoing filling of the wetland has been documented by the Corps". The principal wetland area on the site is a marsh containing cattail (Typha angustifolial and common reed (Phraamites au trali8). This wetland appears to be fed primarilly by run-off and by a brook which enters the wetland from the north. Drainage flows from west to east via a small stream which runs under Jefferson Avenue. During a February, 1988 site inspection, the boundary of the Bordering Vegetated Wetland was located and delineated according to the Massachusetts Wetland Ad Regulatoions (310 CMR 10.55) which state that "the boundary of a Bordering Vegetated Wetland Is the line within which 50% or more of the vegetation community consists of the wetland plant species identified in the Act". Fourteen wetland boundary flags were placed along the southeastern edge of the wetlands, perpindicular to Kimball Road. The majority of these flags were still present during an April 26, 1989 site inspection. GULF OF MAINE RESEARCH CENTER INC. Recent construction work related to development of a parking area at the site has occured in upland portions of the property adjacent to the edge of the wetland. Site alteration has included the clearing of brush and woody vegetation, stockpiling of dirt (clean fill), and the stockpiling of construction materials. In addition, in order to drain the upland parking area, a concrete storm drainage culvert has been placed parallel to thq southwestern property boundary. This drainage culvert was permitted after the filing of a proper Notice of Intent with the City of Salem Conservation Commission for work within the 100 foot buffer zone of a bordering vegetated wetland and recieving an Order of Conditions to regulate this work. Gulf of Maine Research Center has recently inspected the site (April 26, 1989) and it is our determination that all recent work has occurred in upland portions of the Bertini property, although dirt stockpiles have unfortunately been mechanically pushed to the upland/wetland boundary line. In addition, 7 large granitic boulders (4 of approximately 3 to 4 feet , and 3 of approximately 2 to 3 feet) have inadvertantly rolled into the wetland behind the fenced vehicular parking area. Mr. John Bertini met with the Salem Conservation Commission on April 27, 1989 to discuss the recent construction activity adjacent to the wetland on this property. It was determined by the Salem Conservation Commission that: -the Notice of Intent filed March 9, 1988 and the resulting Order of Conditions (DEQE File No. 64-15) permitted placement of the concrete storm drainage culvert parallel to the southwestern property boundary in order to drain the upland parking area (see enclosed Order of Conditions), and; -a new Notice of Intent covering the additional work related to the clearing of the property for parking is necessary. Gulf of Maine Research Center is currently preparing this Notice of Intent whcih shall be submitted on or before May 26, 1989. Our client has assembled the following information in order to respond to the nine (9) questions raised by the Army Corps of Engineers. 1. Why did the work commence without the necessary Corps permits? According to City of Salem wetlands maps, and to the Gulf of Maine Research Center wetland delineation, the work was performed outside of the Wetland Resource Area and the property owner believed that no permit from the Army Corps of Engineers was required. 2. Please furnish us copies of any local, state, or federal permits which you have received regarding wetlands fill at the work site behind Bertini's restaurant in Salem. ' GULF OF MAINE RESEARCH CENTER INC. To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. Enclosed you will find: a copy of the City of Salem Conservation Commission Order of Conditions permitting placement of the culvert on the property; a recent site plan to be included with the May 26, 1989 Notice of Intent; and a letter from the Gulf of Maine Research Center to the City of Salem Conservation Commission (27 April, 1989). 3. On what date did the unauthorized placement of fill commence (be specific)? To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. Our client leases a portion of the land in question to a construction company. Periodically piles of fill are temporarilly stored on upland portions of the property by this company; however, this fill is neither intended for nor used to fill wetlands. Piles of fill are routinely removed and used on other off-site projects by this construction firm. 4. What percentage of the project is now complete. To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. A Notice of Intent covering the additional work related to the clearing of the property for parking is currently being prepared and shall be submitted on or before May 26, 1989. The enclosed site plan will be submitted with this Notice of Intent. The portion of the land leased to the construction company is used soley for materials storage: all of their work is done at other sites. 5. What is the volume of fill placed (cubic yards); What is the area of fill placed (square feet)? To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. 6. What is the reason for this placement of fill material in the wetland area? To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. 7. Who actually placed the fill in the wetlands? To the best of the property owner's knowledge, no un-authorized filling of wetlands was conducted, under permit or otherwise, behind Bertini's Restaurant in Salem. GULF OF MAINE RESEARCH CENTER INC. 8. Please provide drawings, to scale, which show the wetlands at the site as they existed prior to filling and construction and how they exist now. Enclosed you will find: the site plan referenced in Response #2; and, an aerial photograph of the site. According to the property owner, this aerial photograph was taken sometime in the late 1960's or early 1970's. The area that today is the fenced-in parking area behind Bertini's Restaurant is clearly outside of the wetland at the time when this photograph was taken. The property owner is currently assembling documentation necessary to more accurately date this photograph. Once these data becomes available, your office shall be informed in a timely manner. 9. At any time during the planning of this project, were you aware of the Corps jurisdiction? At any time during the construction phase of this project, were you aware of the Corps jurisdiction? Our client is currently aware of the Corps jurisdiction, but was not aware during the early planning phase of this project. Our client intends to proceed and act with full respect for the procedures of local, state, and Federal government. The property owner does not believe that any un- authorized fill was placed in any wetland at this site in violation of any local, state, or federal act. Once the property owner has assembled the documentation necessary to date the enclosed aeri alholo ra h we hope t P 9 P p o demonstrate that all work conducted at this site was in compliance with local, state, and federal regulations, and that no fill was placed in wetlands at this site. Should any further questions regarding this matter arise, please do not hesitate to contact me, or my assistant, John A. Bleiler. Sincerely, Hug F. Mulligan, PhD Director GULF OF MAINE RESEARCH CENTER INC. cc: Mr. John Bertini 284 Canal Street Salem, MA 01970 Mr. John Vallis, Chairman Salem Conservation Commission One Salem Green Salem,MA 01970 Attorney John Serafini, Sr. 63 Federal Street Salem,MA 01970 .a Commonwealth of Massachusetts Executive Office of Environmental Affairs Department of Environmental Protection r Metro Boston/Northeast Regional Office William F. Weld Daniel S. Greenbaum Commissioner FEB 12 1992 SALEM PLANNING DEPT. February 11, 1992 Pearl , McNiff, Crean, Cook & Sheehan RE: WETLANDS/SALEM 30 Main Street DEP File '#64-180 Peabody, MA 01960-5552 Superseding Order of Conditions Attn: Michael T. Smerczynski , Esq. Dear Mr. Smerczynski : The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Protection, Wetlands Division, has completed it' s review of the above referenced file in preparation to issuing a Superseding Order of Conditions (SOC) . Pursuant to the provisions of the Wetlands Protection Act (the Act) under Massachusetts General Laws, Chapter 131, section 40, the Department is issuing the enclosed Superseding Order of Conditions allowing the project based upon: 1) information contained in the Department ' s and the Army Corp of Engineers ' files to date and plans submitted; 2) information gathered during several on-site inspections made by the Department; and 3 ) reasons the Department has deemed necessary to protect the statutory interests identified in the Act. The proposed project, as stated in the Notice of Intent (NOI) , and modified with subsequent information submittals, entails .tlw construction of apaE ing lot in addition to the existing parking lot which services a r n with on-site detention to miig_a�e the increases in s cr e app icant further contends that all work is propose e 100 foot buffer zone and will not .. take place in any wetland resource area. Based upon it' s review, the Department has determined that the following Areas Subject to Protection (Areas) have been identified on-site: 1) Bank (Inland) and 2) Bordering Vegetated Wetlands (BVW) . In accordance with the Act and it' s regulations (310 CMR 10 . 00 et. seq. ) , these Areas are presumed to protect one or more of the interests identified in the Act and as marked on page one of the attached Order. 10 Commerce Way • Woburn, Massachusetts 01801 • FAX(617)935-6393 • Telephone (617)935-2160 1 _ . i Page -2- DEP File 464-180 Your appeal in opposition to the Salem Conservation Commission' s order of Conditions, which although approving the project imposed conditions which you believed were inadequate to protect the interests of the Wetlands Protection Act. Specifically, your claim, in part, stated: li the Salem Conservation Commission failed to address and require restoration for those wetlands illegally filled and paved over; 2) the order did not require the restoration of the site as it has'been contaminated with chemical spillage from it' s use as a construction truck storage area; 3) trees were cut to fill and permit use of this area for the construction storage area and the Salem Conservation Commission failed to require the replanting of those cut trees and a condition to prevent the removal of any more trees ori-site; and 4 ) work undertaken to construct a storm drain on-site has not been completed and has been constructed in violation of the order which regulates work thereon. There has been a significant amount of information supplied to the Department from abuttors, their attorney and engineer, the applicant ' s attorney, environmental consultant and engineer, and information obtained from the Army Corp of Engineers enforcement file on this case, all of which mainly deal with the placement of fill in a vegetated wetland. Via the numerous photographs, aerial photos and maps, of various dates, supplied to the Department and in our possession, it is obvious that this portion of the site where the parking lot is proposed, was a vege a e wet Lan-, particularly in the 1960 ' s anEF ear y s. I ere rn--mush contradiction as to whe�l'e fill was actually placed (somewhere between 1973 and 1987) , in what amount, over what area, and whether it recently actually filled in more vegetated wetland. upon examination of the site and information submitte. � Department is of the opinion that the delineation of the `on site is correct and represents the limit of the vegetated wetlands as defined in the Act to which protection can be asserted. Although many of the documents show wetland vegetation or inundation during a storm event since the 19601s, there has not been a clear demarkation of jurisdictional wetlands areas that would permit the De artme s ecific area. The only document in our possession that clearly shows the limit`s of the BVW/wetland is the City of Salem' s, March 15, 1977 Wetland Areas of Salem Map which indicates the boundary to be 25 to 30 feet west of the boundary shown on the plan provided. Thus, the applicants plan depicts a recent site con diti n any other document rovided. Further, examination of mature (+10 ye egetation upgradlent of the applicants BVW boundary, indicates an upland vegetation transition zone. Additionally, although wetland indicator plant species were observed scattered about the former construction site, these species were not - contiguous to the main area of wetland west of the site but were Page -3- DEP File #64-180 isolated and thus non-jurisdictional . The Department, in agreement with the position of the Salem Conservation Commission, finds the BVW line to comply with the definition for Bordering Vegetated Wetlands as defined at section 310 CMR 10 . 55 of the regulations. Documentation provided also shows the inundation of the site with runoff during storm events. Historic information provided indicates that the site may have been subject to flooding from the large wetland area located west of the site. Based upon an examination of this material and the City of Salem' s Flood Insurance Study of February 5, 1985, the flood zone on-site is designated a Zone B which is an area of flooding between the 100 and 500 year flood event. According to section 310 CMR 10. 57 , the Department has jurisdiction over Land Subject to Flooding up to and including the 100 year flood event. Due to it ' s flood zone designation as derived by FEMA which clearly indicates a flood inundation from the adjacent wetland only when the 100 year event is surpassed, the Department can not assert it' s jurisdiction over that area and protect it as a wetland resource area. Additionally, although photos show pooling of storm water on the site, it is a localized condition due to street runoff collecting in an area where it' s natural surface flow outlet is impeded by a berm of earth. This condition is also not a condition to which the Department could readily protect under the Act. The remaining concerns expressed in your appeal and subsequent letters are herebelow summarily addressed. - Regarding the contamination of the site with construction chemicals, the Department has done an extensive search of our spill/contaminated sites database and although several, were found for the adjoining areas, none were cited for this location. should you collect more specific information regarding this issue, it should be forwarded to the Department' s Hazardous Waste Site Investigation Division at this—address. Regarding all work pertaining to the installation of storm drain located along the southern property line, sai activity was initially covered under an Order of Conditions, File #64-159 issued by the Salem Conservation Commission. Since that order was never appealed for our review, we are unable to assert jurisdiction over that file as the final issuing authority is the Salem Conservation Commission. Should the City need assistance in enforcing their Order, contact via a request for assistance should be forwarded to this Division The Department has concluded that t e C-ond-st'ons as issued by the Salem Conservation Commission was proper, was issued within the confines of the regulations, and protects the interests Page -4- DEP File #64-180 of the Act. It is the Department ' s position that the enclosed Superseding Order of Conditions approving the project as proposed and conditioned, serves to protect the statutory interests identified in the Wetlands Protection Act, M.G. L. , Chapter 131, section 40. However, the Department reserves the right, should there be further proceedings in this case, to raise additional issues and present further evidence as may be appropriate. Should you or any concerned party dispute these findings, your attention is directed to the language at the end of the attached Order specifying the rights and procedures for appeal . Should you have any questions relative to this decision, please contact Mr. James Sprague at (617) 935-2160. Very truly y:1, s, / // Sabin M. Lord, Jr. Regional Engineer for Resource Protection SML/JS/js 641800A cc: Salem Conservation Commission, City Hall , Salem, MA 01970 Gulf of Maine Research Center, 204 Lafayette St. , Salem, MA 01970 John Serifini, Sr. , Serifini, Serifini & Darling, 63 Federal St. , Salem, MA 01970 310 CMR 10.°9 Form 5 DEP F-1- 64-180 no d Pam W DEF) SALEM cay/Town Commonwealth of Massachusetts JOHN BERTINIIICenl APP SUPERSEDING Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131 , §40 Department of Environmental Protection From Tc .JOAN BERTINI/c/o BERTINI ', INC. JAB TRUST (Name of Applicant) (Name of property owner) 284 CANAL, STREET, SALEM, MA Address SAME Aodress 01970 This Order is issued and delivered as follows: E) by hand celivery to applicant or representative on (Cate) E) by certified mail, return receipt reeueste0 on FEBRUARY 11, - 1992 (date) This project is located at 284 CANAL STREET The property is recorded at the Registry of .ESSEX Book 3955 Page 530 Certificate (if reoisiered) MAY 26, 1989 (date) The Notice of Intent for this project was filed on " JUNE 8, 1989 The public hearing was closed on (date) Findinc_s The Department - has reviewed the above•reierenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Dena_anent at this time,the Department has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Sionificance set forth in the regulations for each Area Subject to Projection Under the Act Ieheck as appropriate): E) Public water supply 0 Flood control ❑ Land containing shellfish ET Private water supply ® Storm damage prevention Fisheries ® Ground water supply ®' Prevention of pollution Protection of wildlife habitat Total Filing Fee Submitted State Share City/Town Share ('/x fee in excess of S25) Total Refund Due S City/Town POMOn S State Portion S (Ih total) (th total) 5.1 Effective 11/10189 I herefore. the Department - hereby finds that the following conditions are necessary, in accordance with the Performance Stanoares set lorth In the regulations. to prolect those Inter. sts checked above.The Department orders that all work shall be performed in acn.orcance with said conditions and with the Notice of Intent referenced above.To the extent that the fol- lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice of Intent, the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory meas- ures, 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 necessity o1 complying with all other applicable federal, state or local statutes, ordinances• by-taws or regulations. 4. Tne work authorized hereunder snail be completed within three years from the date of this Order unless either of the lollowing apply: (z) t:ie work is a maintenance dredging project as provided for in the Ac:: or (b) the time for completion has been extended to a specified date more than three years, but less than live years, from the date of issuance and both that date and the special circumstances warranting the extended time period are set forth in this Order. - ,.. This Order may be extended by the issuing authority for one or more periods of up to three years each upon application to the issuing authority at least 30 days prior to the expiration date of the Order. 6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or de- bris, including but not limited to lumber, bricks,plaster,wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing, - 7. No wort•,shall be undertaken-until all administrative appeal periods from this Order have elapsed or, if - such an appeal has been filed, until all proceedings before the Department have been completed. 8. No work,shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land Court for the district in which the land is located,within the chain of title of the affected property. In the case of recorded land, the Final Order shall also be noted in the Registry's Grantor tntlez under the name of the owner d1 the land upon which the proposed work Is to be done. In the case of registered land, the Final Order shall also be noted on the land Court Certificate of Title of the owner of the land upon which the proposed work is to be done.The recording information shall be submitted to the Denartment on the form at the end of this Order prior to commencement of the work. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size bearing the words,'Massachusetts Department of Environmental Protection, File Number 64-180 10. Where the Department of Environmental Protection is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a parry to all agency proceedings and hearings before the Department. 11. 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. 12.The work shall conform to the following plans and special conditions: __ 5.2. Plans: SEE ATTACHED PAGES Title Dated Signed and Stamped by: On File with: Special Conditions (use.additional paper It necessary) SEE ATTACHED PAGES .................................................................................................................................................................................... (Leave 5:mce Blank) 5-39 ntal Pr Issued by the Depanment of Environ ei' ectio�� - 5,onalure On Ihls (', day of FEBRUARY 19 92 , before me SADIN 41. LO oersonanv aooeared RD, JR. , R.E.R.P. to me known Io be the oerson deScnbed m and who executed the lore Ooing Instrument and acknowledged that hershe executed the Same as his.her Ire- act and deed cT P1ol�ry Pi {3ItC My commission expires The ecolicant the owner any person aowdyed by the Sapersod Mq order.any"nee of land abunmq the land uom-Inch In'0100 ed wnrk n too.donec,any ien porsons ovrsuant to G.L.c.JOA 110A.are hereby noe6ed or then Mont to reouest an admd,celnry heanno pvrSuanr 1n G .c.JOA S 10.pro„idmo Ine revUe Sl is made by ceridled mad pr hand deanery to the Dep Onmenl.,riln me ao,rvpnaie Mina 4! and F— Nan,ri Fp•m es ppy,dM in 310 CMR l0 0317).within ifin days Iron,In.dale of is,.eMCV OI this isu ersedmq Order,and Is addressed io Dm+m Cert' Once of Gii C.,,ri deo wra el Ela,maM,e,la1 Prmerna,.One winter Sir",.Boslon.MA 02109 A ccpy of me redue si'Matl al Ina same time oo sent by cenitied man en hand Celrve,10Ine conslaalion commeder.the apol¢amend an' omni darn, :.uOh�e pl paen Ine an Admdicllary Nnarinq snarl comply wan Ine De oanmem s noses br ndjudicalory Pr oceedmgs. J t D G.tP 10lIFI amt'nall contain Ihp bllow,n0 mlormabon: - Ids IM DL n'✓inti a rd,File Numbo,,Mime of the aoDhl j l.and address of the pMISC-1 !^I Ine.^^Crlp ,If,,"s and Ielnonpnn shmber,oI the navy Win,in,Ie luesl,and II remese pled by ImIn'el Ih,name and andlna nl Inn allpmey'. Ill Ine namos and addresses of all oilier dailies.II Mnpwn; Ids a cirn,and cenase stalemenl of I I I Ine facts which are grounds for the Oioceed-Mg.l21 me oblectmns 11 oris Sgoe,sed—c Oide,. n4h,o,nq ape CihCally the manner m wh.CM II is alleoed 10 br'mConlelent with the Deoanment s wetlands Requiehons 1310 Odn 10 Col dna eoes nni conlnbufe to the protection of me inleresls id CnbLed m In,Act.and 131 the rehel soupfll mlovoh me 2,1111' d¢atnry heannq ,ncluding 50ect6Cally me changes desired in the suoerseamq Older: ^.1 d statement t',aI d Croy of l',e reavesi has been Sent to the apofiCanl the Conservation Commission and each other party of ren rnsentalrve of svth Darty.II known catu,e t0 summil ah necessary mlormabon may result in a dismissal by the Deoanment of the Notice at Claim Im an AAludicalory Reaung Department prior to cpmn,enc.evi o1 work. _ Delicti an dotted line and submit to the .................................................................................................................................................................................................................. ro Deoartment Of Environmental Protection 'Ss1nMq Amnonty 284 CANAL STREET, SALEM-, PIA Please be advised$hat the Order of Conditions la the prgect a Fite Number 64-180 has been recorded at the Reg5try of ESSEX and has been holeo m the Cham ul fall of the ellected aoperty en a0001d1nCe with General Condlbon B on.. I B-- II recorded land, the msimment MUmber wmCh rdenhLes this Iran"clesn O II iepislpred landthe document nlmibe, which IdenbheS this bntu,"Caon IS AOokCaM1 $ipnalVre ' 5-4B _ t>i>oro8 310 CNIR - 280.46 Page -1- DEP FILE #64-180 SPECIAL CONDITIONS 12 ./- a) Build per plans entitled: "Proposed Site Development Plan of Land, Salem Massachusetts, Dated July 3 , 1990 By Carter & Towers Engineering Corp. , Swampscott, Mass" , Scale 1"=401 ; Signed and Stamped by Joseph D. Carter, P.E. & PLS . b) Build per Document entitled: "Drainage Report, Canal Street & Kimball Road, Salem, Mass. , July 3 , 1990 By Carter & Towers Engineering Corp. Swampscott, Mass. " which includes Section B- B plan and Gasoline Trap Detail C-C. 13 . No work shall commence on-site until all appeal periods have elapsed and this Superseding Order of Conditions has been recorded with the registry of deeds and the Department formally notified via the form located at the end of this order. 14 . Any changes) made in the plan referenced in condition 12 , which will alter an Area Subject to Protection Under the Wetlands Protection Act, or any change(s) in activity subject to regulation under M.G. L. Chapter 131, Section 40, shall require the applicant to inquire of the Department in writing, whether the change(s) is significant enough to require the filing of a new notice of intent. ' A copy of said request shall at the same time be sent to the Conservation Commission. 15 . The applicant shall notify the Department and the Conservation Commission in writing, 48 hours before any activity commences on site. 16. No work shall take place , within any area of Bordering Vegetated Wetland (Edge of Wetland) as shown on the plan referenced in Condition #12 above. 17 . No sediment shall be discharged to the area of wetlands from the construction operations proposed. Use of upland sediment collections basins or other upland sediment entrapment devises may be used in order to ensure compliance with this condition. q /18 . The project shall be carried out in an uninterrupted manner in order to complete the project and stabilize the site as soon as possible. 19. This order of Conditions supersedes all prior orders under DEP File #64-180. 20. Members and agents of the Conservation Commission and the Department shall have the right to enter and inspect the premises to evaluate compliance with conditions stated in this Superseding Order. the applicant shall submit any data the Department deems necessary for that evaluation. Page -2- DEP FILE #64-180 SPECIAL CONDITIONS 21. This Order shall apply to all successors or assigns in 3 > interest or control and any other party engaging in activity on the property identified in the Notice of Intent. 22 . A copy of this Superseding Order of Conditions as well as the 7, plans referenced in condition 12 , shall be on site and shall C) remain there while activities regulated by this Order are being performed. The copies of said documents shall be accessible to all contractors and subcontractors. 23 . The site as identified in the project plan shall be maintained in a clean and orderly condition. Refuse, debris and waste materials shall not be placed within any resource area under any circumstance and shall be disposed of promptly and properly. All construction refuse, debris and waste materials shall be removed from the site upon completion of the construction activities. 24 . Equipment shall be stored in a manner and location which will < minimize compaction of soils. Fuel storage and the refueling of vehicles shall not be conducted within 100 feet of the edge of wetland as shown on the plan referenced in condition #12 above. 25 . This order applies only to those activities described in the notice of intent for DEP file #64-180 and may not be construed as approving any other activities which could affect an interest subject to the jurisdiction of the Wetlands Protection Act. This Order does not cover activities relating to the storm drain project shown and located along the southern property line. 26 . Prior to the paving of the site, the proposed detention basin shall be in place, vegetationally stabilized, and all appurtenances, including but not limited to the gas and oil trap. 27 . The gas and oil trap shall be cleaned as needed and annually. Copies of documents which clearly shows that the cleaning has y taken place shall be sent to the Department and the Conservation Commission within 30 days from the date of the cleaning. This condition shall remain in perpetuity and shall _not expire with the issuance of a Certificate of Compliance. Said Conditions shall be included on the Certificate of Compliance. L Page -3- DEP FILE #64-180 SPECIAL CONDITIONS 28 . Vegetation, including trees. may be removed within the limits of the project and within 5 feet of the limits of paving, limits grading and detention basin. No other trees may be removed. This condition shall remain in perpetuity and shall not expire with the issuance of a Certificate of Compliance. Said Conditions shall be included on the Certificate of Compliance. 29 . The applicant shall insure that the boundary of the edge of wetland shall remain visible during all construction phases of the project and until a Certificate of Compliance is issued. 30 . All erosion control measure shall be installed prior to activities commencing on site. All erosion control measure shall remain in place until a Certificate of Compliance has been issued or until the Department rendered a finding that those measures are no longer necessary. Said measure shall be maintained and functional at all time in preventing the migration of sediments offsite and into the wetlands. FINDINGS PURSUANT TO M. G. L. CHAPTER 30, SECTIONS 61 TO 62H INCLUSIVE (M.E. P.A. ) The project as described in the Notice of Intent for DEP File #64-180 is "categorically exempt" pursuant to the "Implementation of the massachusetts Environmental Policy Act" as adopted by the Secretary of Environmental Affairs. this project is "categorically exempt" as the Wetland thresholds established under 301 CMR 11 . 26 (7) (a) of M.G. L. Ch. 30, sec. 61 to 62H inclusive, have not been exceeded. This finding is only applicable to activities proposed for the above referenced file number before the Department of Environmental Protection, Wetlands Division. it does not relieve the applicant from complying with additional M.E. P.A. requirements when applying for permits from other applicable departments or agencies. APPEAL RIGHTS AND TIME LIMITS This Superseding Order of Conditions is an action of the Department. If you are aggrieved by this action, you may request an adjudicatory hearing. A request for a hearing must be made in writing and postmarked within ten (10) days of the date this Order was issued. CONTENTS OF HEARING REQUEST Under 310 CMR 1. 01 (6) (b) , the request must state clearly and concisely the facts which are the grounds for the request, and the relief sought. Additionally, the request must state why the Order is not consistent with applicable laws and regulations. FILING FEE AND ADDRESS The hearing request along with a valid check payable to the Commonwealth of Massachusetts in the amount of $100 must be mailed to: Commonwealth of Massachusetts Department of Environmental Protection P.O. Box 4062 Boston, MA 02211 The request will be dismissed if the filing fee is not paid, unless the appellant is exempt or granted a waiver as described below. EXCEPTIONS The filing fee is not required if the appellant is a city or town (or municipal agency) , county, or district of the Commonwealth of Massachusetts, or a municipal housing authority. WAIVER The Department may waive the adjudicatory hearing filing fee for a person who shows that paying the fee will create an undue financial hardship. A person seeking a waiver must file, together with the hearing request as provided above, an affidavit setting forth the facts believed to support the claim of undue financial hardship. o 97w, o-1' Opalo-A-S &�WECEIV ED Daniel S. Greenbaum 016501 Commissioner SUN 41990 (617) 935-2160 May 30, 199%ka PUNAR9 DEPT. Dr. Hugh F. Mulligan RE: WETLANDS/SALEM Gulf of Maine Research Center DEP File #64-100 204 Lafayette Street Extension for Salem, MA 01970 Submittal of Information Dear Mr. Mulligan: The Metropolitan Boston/Northeast Regional Office of the Department of Environmental Protection, Wetlands Division, is in receipt of your letter dated May 24 , 1990. Said letter requested an extension for the submittal of information as required in the Department' s April 26, 1990 letter. Based upon the need for your firm to contract with a new engineer due to the death of the engineer who was working on this project, the Department is inclined to honor your request. The new date for the submittal of information as stated in the Department's April 26, 1990 is now June 26, 1990. Should any party have any questions relative to this letter, please contact Mr. James Sprague at 935-2160. Very truly yours, William A. Krol , P.E. Wetlands Division Section Chief WAK/JAS Original Printed on Recycled Paper Page -2- May 30, 1990 cc Salem Conservation Commission, City Hall , Salem, MA. 01970 John Bertini, 284 Canal St. , Salem, MA. 01970 John & Clarana Ellis, 7 1/2 Adams St. , Salem. ,MA 01970 Claire Pelletier, 7 Kimball Rd. , Salem, MA 01970 Michael Smerczynski, Pearl, McNiff, Crean, Cook & Sheehan, 30 Main St. , Peabody, MA 01960 John Serafini, Sr. , 63 Federal St. , Salem, MA 01970 December 20, 1994 RECEIVE,) DEC Z 7 1994 Mr. James Sprague, Wetlands Section Bale Commonwealth of Massachusetts d Udurat�aee �epg Department of Environmental Protection 10 Commerce Way Woburn, MA 01801 RE: 284 Canal Street, Salem Superseding Order of Conditions DEP File No. 64-180 Dear Mr. Sprague: This letter is a formal request for a one (1) year extension of Superseding Order of Conditions, DEP No. 64-180 ("SOC") . This SOC issued on February 11, 1992 and is due to expire on February 11, 1995. Pursuant to Condition No. 5 of this SOC and 310 CMR 10.05 (8) , I am applying to you, as issuing authority, for said extension, more than thirty (30) days in advance of its expiration. Work has begun on the project. We have cleared the area, and site work has been done. Existing fencing has been removed, and we have graded the area. Because of the downturn in the economy over the past two years, our lender has been reluctant to advance funds for completion of the project. We believe that in 1995 this situation will correct itself, and we have discussed the matter with our lender and feel that come Spring they will authorize us to proceed. I feel that if we could be granted an extension to February 1996, we will be able to complete the project as permitted. e/r">y truly ours, John A. Bertini, Trustee JAB Trust cc: Salem Conservation Commission { 4 p _Fay NX T&M Engineering " "' " ; �: AW&LI . MIARY t�mnry� s Associates,inc. : �' ClT� = d3 Pine Btr�N 11 t--Ea 0\� o Peabody.MA..01900 r �T o Os,z"��2&a4�� SVS . Jf& tam oo&011, - gvio� Daniel S. Greenbaum /'V!/&zv?/, ✓/'&iMdMMZm& 016)01 Commissioner (617) 935-2160 R E C EIV ED April 26, 1990 Mr. John Bertini APR 2 `l19�0 RE: WETLANDS/SALEM Bertini°s, Inc. D.E. P. File #64-180 284 Canal Street ��I r ' .e,�'4R i � e�aaetl�� Request for Salem, MA 01970 Information Dear Mr. Bertini: Pursuant to the above-referenced appeal, the Department of Environmental Protection is requesting that you forward the following information necessary to proceed in the review of the case.: * Provide drainage calculations characterizing the existing and, proposed conditions contributing to the discharge point, for ,the 1, 10 and 100 year storm events. * Provide a detailed plan of the existing and proposed drainage outfall, including descriptions and specifications for all mitigative measures. * Provide a plan outlining the maintenance procedures for the proposed drainage system, including the party(s) to be responsible for the perpetual implementation of the plan. Provide copies of all documents, graphs, tables, etc. utilized in the preparartion of the above-requested information. Please respond with the above information within 30 days of the date of this letter, on or before May 26, 1990. Failure to respond by this time will result in the Department making its decision based upon the information which is currently on file. Upon review of the above information, the Department reserves the right to request additional information as deemed necessary. Original Printed on Recycled Paper Page 2 If you have any questions regarding this matter, please contact Mr. James Sprague at 935-2160. Very Truly Yours, GC/ 67P. William A. Krol , E. Wetlands Section Chief WAK/rl cc: Salem Conservation Commission City Hall Salem, MA 01970 John & Clarana Ellis 7 1/2 Adams Street Salem, MA 01970 Claire Pelletier 7 Kimball Road Salem, MA 01970 Michael T. Smerczynski Pearl, McNiff, Crean, Cook & Sheehan 30 Main Street Peabody, MA 01960-5552 Dr. Hugh Mulligan Gulf of Maine Research Center, Inc. 204 Lafayette Street Salem, MA 01970 Richard F. Doherty, P.E. Doherty Consulting Engineers, Inc. 75 Albion Street Wakefield, MA 01880 Mr. John Serafini, Sr. , Esq. 63 Federal Street Salem, MA 01970 16,197 � a e I a2y �o b °o 9 p�0 6Ap� °P 1 i �e Gil 96 29 N \ u Q 0 Ga SP 38 m C - 3.04 AC N ' \ O tvc/c N 1 O M g 1� N o 9q�< 102 O a O /°o 330.S 3/,438 c F 35 i 13547 t° 36 b 8923 0 30-S Om 00 o y\ 4 V �. m 0 i 33 � "' -a 15,367 a e / o / ap 30 $TR fT~�e 2.46 AC 666 31 P4723 p a 65 11,015 e \ o e � � 1 C; VEL) MAY 2, r t�c9 GULF OF MAINE �M;fj P;�,.:,t_s'�y brPT. ' RESEARCH CENTER INC. NOTICE OF INTENT UNDER THE ' MASSACHUSETTS WETLANDS PROTECTION ACT M.G.L. Chapter 131 S.40 ' NOTICE OF INTENT FOR ' PROPERTY AT KIMBALL ROAD SALEM, MASSACHUSETTS Submitted by: t GULF OF MAINE RESEARCH CENTER INC. 204 LAFAYETTE STREET SALEM, MASSACHUSETTS 01970 May; 1989 i ENVIRONMENTAL CONSULTING SERVICES a0 1 1 ' 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING " 10.99: continued Form 3 . DECE File No. n ja Commonwealth (To oe oro.iaeo ay OECEI - fo - of Massachusettsc.ly Tom Salem . AOoic]ni John Bertini ' Notice of Intent Under the ' Massachusetts Wetlands Protection Act, G.L. c. 131, §40 and Application for a Department of the Army Permit '. Part I:General Information 1. Location:slreei to d Canal Street and Kimball Road ' LotNumberAs's'e's's'o'rS Fiate 32 , Lots 29, 30 , 31 , jz, , luz , 4 9 Plate 23 , Lot 144 2. Pro)ect:TypeNew Const. Description Extend and fence - in a paved parking area. 3. Registry:CountyEssex Current Book 3955 &Page 530 Certificate(If Registered Land) < Applicant John BertiniTel 744-1436 Address c/o Bertini' s Inc. , 284 Canal Street, Salem, MA 01970 S. Property owner JAB Trust 744-1436 Tel. ' Address same as above Atty. John Serafini, Sr. 6. Representative c/o Serafini, Serafini & Darling Tel 744-0212 Address 63 Federal Street, Salem, MA 01970 7. Have the Conservation Commission and the DEOE Regional Office each been sent.by certified mail or hand delivery,2 copies of completed Notice of Intent.with supporting plans and documents? Yes $) No ❑ t 3.1 10/16/87 (Effective 11/1/87) 310 CMR - 280.17 ' 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING ' 10.99: continued ' 8. Have all obtainable permits,variances and approvals reouireo by local by-taw been obtained? Yes O No (N 1 Obtained: Applied For: Not Applied For: ' Wetlands and Flood Hazard Districts ' 9. is"portion of the site subject to a Wetlands Restriction Order pursuant to G.L.c. 131,§40A or G.L. a 130.41057 Yea E3 " No IS - , 10.Ust allptans and supportlnp documents submitted with this Notice of Intent. Identifying • Nundlie Tetter Tide.Date ' SD Site Development Plan 5-19-89 R Wetlands Rennrr_ 5- 24-89 ' SD-2 Composite Site Plan 1 -2R-88 11.Check thoserescurce areas within which work is proposed: (a)XK Butter Zone roi . - a Bank' land Subject to Flooding. CK Bordering Vegetated Welland• a Bordering G Lai Under Water Body SWaterwaye o Isolated ' (c)Coastal: Q LandUndertheOcesne o Designated Port Area C1 CoasLl Beach• ❑ Coastal Dune ' a Barrier Beech 0' Coastal Bank a Rocky krteAWalShore a SaftManh• C3 Land Under Salt Ponde o Land ContainUtg Shellfish a Rah Run• el&ely to* velm U.S.Army Corps of Engineers comeurrenl pwisd:ction.See General Instructions for Camoletirp Notice of Intent. ' 32 ' 10/18/87 (Effective 11/1/87) 310 CMR-280.18 1 310 CMR: DEPARTMENT OF ENVIRONME`1TAL QUALITY ENGINEERING 1 10.99: continued 1 1 12. Is the wetland resource area to be altered by the proposed work located on the most recent Estimated Habitat Map(if any)of rare,"state-listed"vertebrate and invertebrate animal species occurrences provided to the conservation commission by the Natural Heritage and Endangered Species Program? 1 YES ( ) NO ( }0 Date printed gnje Estimated Habitat Map issued NO MAP AVAILABLE ( ) (if any)__ 1yy 1 •It yes. have you completed an Appendix A and a Notice of Intent.and filed them, along with supporting documentation with the Natural Heritage and Endangered Species Program by certified mail or hand delivery,so that the Program shall have received Appendix A prior to the 1 filing of this Notice of Intent? YES [ ' ) NO [ 1 1 1 1 1 1 1 • 1 . 3.3 • 1 10/18/87 (Effeedve 11/1/87) 320 CMR-280.19 ' 32U GMK: ULr^K Arau.. yr uvvulv1ma.•1.n.. w.,n...• . ••.----... .. - 10.99: continued Part If:Site Description - Indicate which of the following information has been provided Ion a plan,in narrative descnplion or calcula- lions)to clearly,completely and accurately describe existing site conditions. - ' Identifying Number/Letter (o(plan,narrative or Calculations) ' Natural Features: R Sofa R y"etyma ' R Topography SD-2 Open water bodies(Incfuding ponds and takes) SD-2 Flowing water bodies(Including streams and rivers) - ' - R Public and private surface water and ground water supplies on or within 100 feel of site N/A Maximurn annual ground water elevations with dates and location of teat SD Boundaries of resource areas chocked under Part 1,item 1/above ' Other -_ Man-made Features: SD Structures(such as buildings.piers.lowers and headwalls) ' SD Onallintage and flood contra facilities at the site and Imrtrodlatey off the after hlyudhg N/A culverts and open channels (with Inverts).dams and takes Subsurface sewage disposal systems SD-2 Undergroundut®Wa SD Roadways and perking areas .. Property boundaries.easements and rightsol-way - Other Part Rt Work Deserlptlon Indicate which of the following Intormatlon has been provided(on a plan.in narrative description or caicula- ' corns)to Cleary.Completely and accurately describe work proposed within each of the resource areas checked in Part I,item 11 above. Identifying Numbor/Lelter ' (of plan.narrativeof calculations) SD 72, Plamw ieand Cross section of Stnwdres(such as b!1Bdl±gs.plans.towers and headwafs) �D Oralage and flood control facill knekrdlg culverts end open channels(with inverts). dams and dikes SD-2 &*iurteee sewage deposal systems a underground utilities ' . N/A Fining.dredging and expva6np,I O R NUW vckmw and=nPWtion of malwW -N/A Compensgtory storage wow where rePuked in 4d*wdanee with Part M.Section 10:57 (4)of tMrans epulati _ ' -"N%A Wildtlte habitat restoration or repfkado i areas N/A Ott n Pohl Source Obehsrge ' DesedoUm of eharsetar*d=of dfseharge from poled fovea(both closed end open eharaul).when point of discharge tells within resoWCe area Malted oder Parti.Rem 11 above.as supported by standard engineering Calculations,data and plans.including but not limited to the following: 3.4 20/16/87 (Effeclilve 11/1/87) 310 CUR-280.20 1 - 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 1 1 10.99: continued ' 1. Oelinealion of the drainage area contributing to the point of discharge: 2. Pre-and post-development peak run-off from the drainage area.at the point of discharge•for at least the 10-year and 100-year frequency storm: 3. Pre-and post-development rale of Infiltration conVibutkp to the resource area checked under Part 1.item /1 above; 4. Estpnated water quality drraclelistics of pre-and post-development nm-off at IM point of discharge. ' Part IV:Mitigating Measures 1. Cleary.completely and accurately describe.with reference to supporting plana and calculations where ' necessary: (a) All measures and designs proposed to meet the performance standards set forth under each re• source area specified in Part II or Part 111 of the regulations:or ' (b) why the presumptions set forth under each resource area spedfled in Part 11 or Part III of the regula- tlone do not apply. ' O Crees R mom Me Type: aeaeryeq r"ber or Nap :0 World Bordering Vegetated Wetland asumarlOocurents No work is proposed within this wetland SD Resource Area. 1 ' -0 cares IMearnetuaT"W. - IseeerrNa eun0ererletlel O tonna asuop«naoaen«ra 10/16/v (Effective 111V87 20 CMR—280.2 ' 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued i C Could Reeoace Nee Type: benelvnQ nymoet a lever ' O wens or w000n ooca ntz 1 1 2. dearly,completely and accurately describe,with reference to supporting plans and calculations where necessary.- (a) ecessary:(a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work doss not atter an area specilled In Part L section 10.02(1)(a)of these regulations;or (b) N work In this Buffer Zona will alter such an area,all measures and designs proposed to meet the performance standards established for ti»adjacent resource area sped8edin Part 0 or.. Part 01 of thews regulations. ' O CO*W. Raam►ea Ana Typ "dffwayltlFFoolOwfWMo ZaM: beWrya+q rMwwara Mnw M avwa Bordering Vegetated Wetland a ne Staked haybales will be placed immediately SD, R downgradient of construction to prevent siltation of the adjacent wetland and to . delineate a no work zone. Haybales will ' remain in place throughout construction and until 'the area has been stabilized The haybales, will be periodically . inspected, maintained, and replaced as . necessary. 1 3.6 } t10/16/87 (Effective 11/1/87) 310 CMR-280.22 , ' 710 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING 10.99: continued ' Part V:Additional Information lot a Department of the Army Permit 1. COE Application NO. 2. ' (to be provided by COE) (Name of waterway) 3. Names and addresses of property owners adjoining your property: 1 1 ' a. Document other project altematives(i.e..other locations and/or construction methods,particularly those fiat would eliminate the discharge of dredged or fill material Into waters or wetlands). 8%'x 11'drawings in plenview and cross-section,showing the resource area and the proposed actin by within the resource ares.Drawings must be to scale and should be clear enough for photocopying. Cer88cadon le.required.from the Dtvblon.of.WaterP.olludon.Control before the.Federal permit can be Issued.Certification may be obtained by contacting the Division of Water Pollution Control,t WlnterStreet. Boston,Massachusetts 02108. ' Where this activity will take place within the area under the Massachusetts approved Coastal Zone Management Program,the applicantesrti8es that his proposed ac8vitycompiies with and will be conducted In a manner that Is eonslefent with the approved program. ' Information provided will be used in evaluating the application for a permit and Is made a matter of public record through Issuance of a public notice.Disclosure of this Information 13 voluntary.however.If necessary Information Is not provided,the application cannot¢e processed nor can a permit be issued I hereby certify under the paints and penallin of perjury that the foregoing Notice of Intent and accompanying ' plena, and aupporthig data and complete.to the best of my knowledge77.61 . Sipcahre I Date p q ' �6' C 1 of App0mrs PepresentatM Date ' eeee5 - w allo re"'a n e"ee."by a0a11ACe,a 14.7 uar. NE0 ORM 100 (TEST)-raft 4ee140401 0064"ee a 1e4,4 aawae,044 of the AMY eN stake of 11eee406ee4400"ok.16. 1 MAY 82 M ."eN4 M eW4,aeelel.ele.""efeee,."4eb1" N aNIN 114,4".e4ae..TM off ee ' of Meee0"."4 eel Seel."Tomer see 4q 44 4a"e"eeale"ree.le4a ti 44,us A4"r C"" of Ceelee"e.OYe N.MMe araa.aa11a sea eels`- "aeae el>•leea—aee)aq Tab eaaum .411 M M le a"ie4"". 3.7 016 ' IWI6187 (Effective 11/3/87) 310 CMR-280.23 �o yt5=�4cr,.. 'pT..tiw•'1,,.: L', rt:?ii'r.'r;.,� '•`rte ry: 'r'}^Y:�j�:i^iiS` ?�{h,^v.1.x:.4'- -�1,���5'lti::::':):'�:'t(::':• �y. y ti •.,y, O. . _ �L�,,ii11lIi r � r r GULF OF MAINE RESEARCH CENTER INC. 1 SITE DEVELOPMENT PLAN 1 t 1 I F '1 hIY� �Hl 4 1 4' rov, C� L ' � V Iz ::1 A • rq a 44 a T&M Engineering z= PRIG/MI/MAY . �' Associates,incS/T� DEI/�Lootl�NT P[.4N � , ai d = 83 Pln. sense u Sq L�(/ 554G<f[JS�TTS a A PeabodY.MA. 01080 .i-;._-::: U• o ess-axe k Toa - --.. .. � r..erY� GULF OF MAINE RESEARCH CENTER INC. 1 1 L 1ATrACH[CM A WETLANDS REPORT t 1 1 4 1 1 Wetlands Report Providing Information for Notice of Intent Under the Massachusetts Wetlands Protection Act ' M.G.L. c. 131 s.40 for property at Kimball Road Salem, Massachusetts Report Number #11760213 Prepared for: ' T & M Engineering 83 Pine Street Peabody, Massachusetts 1 Prepared by: ' Gulf of Maine Research Center Inc. 204 Lafayette Street Salem, Massachusetts ' May 26, 1989 1 GULF OF MAINE RESEARCH CENTER INC. ' ENVIRONMENTAL CONSULTING SERVICES 204LAFAYETTE STREET ' SALEM, MA 01970 (508) 745-6618 FAX 508-741-8648 GULF OF MAINE RESEARCH CENTER INC. ' Section I : Introduction The applicant, John Bertini, and Trustees of Jefferson Trust, ' propose to pave and fence an existing parking area on a parcel of property in Salem, Massachusetts. The property is located on Canal ' Street and Kimball Road (Figure 1) , and is identified as Lots 29, 30, 31, 32, 35, 102, 419 of the assessor' s map 32; and, Lot 144 of map 23 and is hereinafter referred to as the "Site" . ' The Gulf of Maine Research Center Inc. of Salem, Massachusetts identified and delineated the boundaries of Wetlands Resource Areas on the property and served as environmental consultants for the project. ' T & M. Engineering Associates, Inc. conducted the Site survey and served as the project engineer. The Site layout will protect the Wetlands tResource Areas according to the criteria and performance standards of the Massachusetts Wetlands Protection Act (M.G.L. c. 131 s.40) and ' Regulations (310 CMR 10:00) , as well as the City of Salem Wetland ' ByLaw. This report describes the existing wetlands on the Site and discusses measures to protect the interests identified in the ' Massachusetts Wetlands Protection Act and Regulations. Site visits to delineate the wetlands were conducted on February 3 , ' 1988 and April 26, 1989. Section II: Site Description and Wetland Resource Areas The project Site is 2.5 acres within a total property area of approximately 25 acres (see attached plan) . Elevations surrounding the ' area to be developed range from 10 to 20 foot. The area to be developed is generally flat, unvegetated, and currently is used for parking. A wooded upland area on the southwest corner contains box elder (Acer I ' negundo) , black locust (Robinia pseudoacacia) , red maple (Acer rubrum) , 1 GULF OF MAINE RESEARCH CENTER INC. ' and silver maple (Acer saccharinum) . A culvert on the south side of the project Site drains much of the parking lot south and west of Bertini' s Restaurant. Lying west of the project Site is a marsh containing common reed (Phragmites australis) , willow (Salix sp. ) and cattail (Typha ' angustifolia) . This wetland appears to be fed primarily by run-off and ' by a brook which enters the wetland from the north. Drainage flows from west to east via a small stream which enters the wetland under Jefferson tAvenue. North of the project Site is the Boston & Maine Railroad, east is Canal Street, and south is a residential area. ' Upland soil conditions at the Site are those of smoothed Udorthents, ' urban areas from which soil material has been excavated or deposited (Soil Survey of Essex County, USDA 1987) . These soils are highly diverse and the depth of the surface layer, a dark brown loam, is typically around 19 inches, although ' this is quite variable. Most areas ' of this soil unit are suitable for roads, highways, schools, and ' athletic fields, as well as for buildings. The Wetland Resource Area at the Site is classified as a Bordering ' Vegetated wetland (BVW) according to the Commonwealth of Massachusetts Wetlands Regulations ( 310 CMR 10.55) . A list of upland and wetland ' vegetation and their affinities is found in Table 1. ' A total of 14 stations were flagged (Al to A14) ; each station represents the boundary of the BVW (see Appendix A for vegetation ' analysis methodologies) . Section III . ' The wetland interests on the property subject to protection under the Massachusetts Wetlands Protection Act are: 4 2 ' GULF OF MAINE RESEARCH CENTER INC. ' - public and private water supply - groundwater supply ' - storm damage control ' - flood control - prevention of pollution ' - protection of fisheries - protection of wildlife ' In addition, Salem City By-Laws also state that a person shall not alter land within 100 feet of a wetland or a 100-year flood elevation without receiving and complying with an Order of Conditions from the tConservation Commission. The state also mandates that no project shall have an adverse effect on rare vertebrate or invertebrate species within a resource area. Lastly, the state regulations ( 310 CMR 10. 02 2b) and the Salem City By-Laws provide a 100 ft. Buffer Zone outside the ' Resource Area. Any activity in this Buffer Zone must not destroy or ' otherwise impair a protected Wetland Resource Area. ' Section IV: Impacts and Mitigation No work is to be conducted within Bordering Vegetated Wetlands; ' therefore, no measures and designs are required to mitigate direct ' impacts to this resource area. Work within the Buffer Zone will be conducted in a manner that will prevent alteration of the BVW. Staked ' haybales will be placed immediately downgradient of construction to prevent siltation of the adjacent wetland and to delineate a no work ' zone. Haybales will remain in place throughout construction and until ' the area has been stabilized. The haybales will be periodically inspected, maintained, and replaced as necessary. According to the most recent "Estimated Habitat Map" for rare 4 3 GULF OF MAINE RESEARCH CENTER INC. ' and endangered species in wetlands within the City of Salem ( 1989) , the Site does not provide rare and endangered species habitat ' recognized by the Massachusetts Department of Fisheries and Wildlife, Natural Heritage Program. ' No public or private water supplies are present within the ' influence of the proposed project and the BVW contains no significant fisheries. Based upon available information from T & M Engineering, Project Engineer, and from the National Flood Insurance Rate Map for Salem ( 1985 Figure 2) , the proposed residential development falls outside ' of the 100 year floodplain. Therefore no compensatory water storage is required. ' The storm drainage catch basins on the western side of the proposed parking area will be outfitted with oil and grease traps to ' prevent groundwater pollution. These catch basins will feed into ' the existing storm drainage system on the south side of the property, which ends in the existing culvert. Lines of haybales will surround the Site on the north, west and south sides, coincident with a limit of work line. The wetland will be protected by a forty foot ( 401 ) buffer between the line of work and the BVW on the west and south sides (see Site Development Plan 5-19-89) . Section V: Summary ' The applicant proposes to pave and fence in an existing parking area on a Site within the buffer zone of a Bordering Vegetated ' Wetland. No work will be conducted within the Resource Area. Work in the 100 ft. Buffer Zone will be conducted so as to prevent alteration of the Bordering Vegetated wetland. The project design ' complies with all performance standards of the Massachusetts Wetland 4 I ' GULF OF MAINE RESEARCH CENTER INC. tRegulations and the Salem City By-Laws; therefore, the interests of the Act and the ByLaw will be protected. t 1 1 5 1 ' GULF OF MAINE RESEARCH CENTER INC. ' Table 1 Plant Species Associated with the Site ' The following list of plant species represents the floristic composition at the site. The Commonwealth of Massachusetts 1 Department of Environment Quality Engineering (DEQE) recognizes the ' United States Fish and Wildlife Service National Wetland Plant List (Northeast Region) as the definitive source for the frequency of occurrence of plants in wetlands. The following definitions are utilized to characterize the plants on this list: 1 OBLIGATE (OBL) : Always found in wetlands under natural (nonplanted) conditions ( frequency greater than 99%) , but may ' persist in nonwetlands if planted there by man or in wetlands that have been drained, filled, or otherwise transformed into nonwetlands. ' FACULATIVE WETLAND (FACW) : Usually found in wetlands (67-99% frequency) , but occasionally found in nonwetlands. ' FACULATIVE (FAC) : Sometimes found in wetlands ( 34-66% frequency) , but also occurs in nonwetlands. FACULATIVE UPLAND (FACU) : Seldom found in wetlands (1-33% frequency) and usually occurs in nonwetlands. ' NONWETLAND (UPL) : Occurs in wetlands in another region, but not found ( <l% frequency) in wetlands in the region specified. If a species does not occur in wetlands in any region, it is not on the list. ' DRAWDOWN (DRA) : Typically associated with the drier stages of wetlands, such as mud flats, vernal pools, and playa lakes. ' NO AGREEMENT (NA) : An unanimous decision was not reached by the regional interagency review panel. ' NO REVIEW (NR) : Those specie that have not yet received regional review. 1 4 GULF OF MAINE RESEARCH CENTER INC. It should be noted, however, that individual plants from any ' category may be found in a variety of habitats. Occasional wetland plants occur in upland settings, and vice versa. Therefore, the relative cover of a number of species provides more useful ' information regarding wetland delineation then does data collected on distribution of a single species. t 1 1 t GULF OF MAINE RESEARCH CENTER INC. Table 1 ' Kimball Road Salem, Massachusetts Plant Species Associated with ;the Site ' SCIENTIFIC NAME COMMON NAME OBL FACW FAC FACU MISC ' Acer negundo Box Elder X Acer rubrum Red Maple X tAmbrosia artemisiifolia Ragweed NR Celastrus orbiculatus Asiatic bitterweeet NR Chelidonium majus Celandine NR Equisetum arvense Field Horsetail X Lonicera sp. Honeysuckle X Oenothera biennis Evening primrose NR Phragmites australis Common Reed X Populus sp. Cottonwood NR ' Prunus serotina Black Cherry X P rus sp. Apple NR ' Quercus alba White Oak X Robina pseudoacacia Black Locust X Rosa multiflora Multiflora Rose X ' Salix sp. Willow X X X X Solidago sp. Goldenrod X X X X ' Vaccinium corymbosum Highbush Blueberry X Viburnum recognitum Northern Arrow-wood X GULF OF MAINE RESEARCH CENTER INC. APPENDIX A 1 Delineation of the Wetland Plant Boundary ' The Wetland Resource Area was delineated according to the Massachusetts' Wetlands Protection Act (M.G.L. Chapter 131, Section 40) III ' and Regulations ( 310 CMR 10.00) , which state, "the boundary of Bordering Vegetated Wetlands is the line within ' which 50 percent or more of the vegetational community consists of ' the wetland plant species identified in the Act. " ( 310 CMR 10. 55) The Act lists four distinct types of Bordering Vegetated Wetland: ' swamp, marsh, wet meadow, and bog. Plants not mentioned in the Act, but identifiable as wetland species through the use of the United States ' Fish and Wildlife Service Wetlands Plant List, 1988, or through the ' professional field experience of Gulf of Maine Research Center scientists, are used to establish the 50% line of delineation. A number of quantitative ecological techniques and methodologies are available to examine wetland and terrestrial plant habitats. Gulf of ' Maine Research Center delineates wetlands through the use of a line or ' belt transect system (Roth, 1984) (A transect is an imaginary line bisecting a parcel of land) . Transect systems are particularly useful ' for exploring environmental gradients and ecotone ecology. 1 1 GULF OF MAINE RESEARCH CENTER INC. ' This methodology relies on careful field observation correlating changes ' in vegetation, hydrology, and soils (liner, 1988) . Upon arrival at a project site, Gulf of Maine scientists walk the ' area in order to qualitatively evaluate Wetland Resource type, existing ' topography, wetland, and upland conditions. Hydrologic, vegetative, and soil conditions are noted. ' Once an area has been clearly identified as containing a Wetland Resource Area, the wetland-upland boundary (the "delineation" ) is ' determined. Transect lines running perpendicular to the perceived ' boundary are established at appropriate intervals (generally not more than 30 ft. apart) . Starting at a point where wetland conditions are obvious, transect lines are walked upland towards the perceived boundary. Changes in floristic composition and soil properties are ' noted, as is the first point where 50% or more of the plant species are ' no longer wetland species. The transect evaluation continues until upland conditions are clearly obvious. Finally, the transect is walked ' back towards the wetland and the initial 50% boundary determination is re-evaluated and adjusted as necessary. A strip of surveyor' s tape ' ( "flagging" ) is tied around a tree, .shrub, stake or other semi-permanent ' object indicating the boundary location. Field notes are taken indicating conditions and plants upgradient and downgradient of the. ' flagged location. The above procedure is repeated along all of the transects and flags are placed along the boundary line. ' Vegetation upgradient and downgradient of the flagged interval is ' evaluated in 3 layers: canopy (forest tree communities) ; shrubs or saplings (up to about 15 ft in height) ; and herbaceous vegetation. 4 1 I ' GULF OF MAINE RESEARCH CENTER INC. Based upon field observations, a plot is established at the flagged ' interval and the percent cover of each layer of vegetation is evaluated within this plot. In general, a 1 square meter plot is used for the ' herbaceous layer and an approximately 10 square meter plot is used to ' evaluate percent cover of woody vegetation. (up to a 100 square meters plot may be used for mature forest communities) (Cox, 1985) . ' Finally the delineation boundary line is created by connecting the transect points, and a detailed site inspection report is prepared. 1 1 1 l 1 ' GULF OF MAINE RESEARCH CENTER INC. 1 1 ' Appendix B References ' Cox, George W. 1985, Laboratory Manual of General Ecology, Wm. C. Brown, Dubuque, Iowa. 248 pp. ' Department of the Interior, U.S. Geological Survey 1980. Hydrology and Water Resources of the Coastal Drainage Basins of Northeastern Massachusetts, Castle Neck River, Ipswich, to Mystic River, Boston. ' Massachusetts Division of Fisheries and Wildlife. Natural Heritage and Endangered Species Program 1988. Atlas of Estimated Habitat ' of State-listed Rare Wetlands Wildlife. Mass. Div. of Fisheries and Wildlife, Boston, MA (Salem Quadrangle) Roth, Charles E. 1984. The Plant Observers Guidebook. ' Prentice Hall, Inc. , Englewood Cliffs, N.J. 222 pp. ' Tiner, Ralph W. , Jr. 1988. Field Guild to Nontidal Wetland Identification. Maryland Department of Natural Resources, Annapolis, Maryland. 283 pp and plates. ' United States Department of Agriculture, Soil Conservation Service. 1987. Soil Survey of Essex County, Massachusetts-Southern Part. Map. No. 11. 1 1 ' GULF OF MAINE RESEARCH CENTER INC. 1 1 1 FIGURE 1 USGS MAP 1 A hdou / r 1 ( r� •n : r f tiA�g1II3IDG Loi �/I�f(• �.:o . ,� 4 f i o t �e; I ,� ; t1�Pt1I no 1 almer fir, / J> . . - •. ♦ LA t _� � � ', 10� � The Site '�° � a For •R� ea 1 `w,1', ATwJ II r ♦ ��Gol�,ti �4 oi��l � r' BOh 1 -� `n s n�rte �•u) .. a (�rO t �� 1 _ • �_� V _ ' eom'%�, - _�. —_ .w4 _ yl..J�' )�1_ � -,)'�i (• � i , a ,r p r� 10°0 •J � ,r�v sl -J- i ® � - ♦ `�� ! •a 7r w Kd / lOTqih B, Q FIGURE 1 : SITE LOCATION 1 SCALE: 1" - 2100' Base Map: USGS Salem Quadrangle 1 Topographic Map �T T GULF OF MAINE RESEARCH CENTER INC. 1 FIGURE 2 ' FIMA MAP 1 1 1 GULF OF MNNE RESEARCH CENTER INC. SUMMARY OF QUALIFICATIONS 1 ' Summary of Qualifications GULF OF MAINE RESEARCH CENTER, INC. ' 204 Lafayette Street Salem, MA 01970 ( 508) 745-6618 ' The Gulf of Maine Research Center, Inc. is a small business headquartered in Salem, MA, with branch offices in Lawrence, MA, and ' Portsmouth, NH, specializing in interpretation of environmental regulations and technical consultation with attorneys, developers, bankers, title companies, engineers, industry and government. ' Federal, state and local laws are enacted and modified in order to protect the environment and the public health and safety. Compliance with these laws requires the submission of technical ' information to local, state, and federal regulatory agencies when business operations are modified or new facilities are constructed. ' Some of the projects which the Gulf of Maine Research Center, Inc. has recently been undertaken, include: ' * Conducting numerous MGL c. 21E site assessments - over 600 in 1988 - for the presence of oil and hazardous materials. We have coordinated and supervised remedial action programs on contaminated properties, including underground tank removal, groundwater recovery system installation, contaminated soil removal and modeling of groundwater flow and contaminant transport. * Performing numerous peer reviews of MGL 21E hazardous waste site assessments - over 200 in 1988 - for several large New ' England banks. In several cases we detected omissions or oversights in the reviewed reports. * Providing technical support and consulting services to ' numerous clients regarding site notification procedures, MCP Waiver preparation, and other sensitive issues pertaining to property contaminated with oil or hazardous ' materials. * Developing a comprehensive groundwater flow model to evaluate the feasibility of discharging treated sewage effluent into the groundwater for an entire municipality on Cape Cod. ' * Preparing Notices of Intent and Wetland Compliance Reports for Conservation Commissions throughout the Commonwealth for installation of submarine cables, seawalls, sewer ' lines, roadways, houses and drainage structures within the buffer zones of coastal and inland wetland resource areas. * Designing and performing several successful replications ' and restorations of wetland resource areas in both freshwater and saltwater ecosystems. 1 � ' Page 2 * Preparing and presenting adjudicatory hearing testimony and expert testimony before the Massachusetts Department of Environmental Quality Engineering for projects in Wetland Buffer Zones. * Preparing Wildlife Habitat Evaluation in compliance with the Massachusetts Wetlands Protection Act. ' * Reviewing and recommending options to engineering companies and city and state officials relative to alteration and restoration of ponds, lakes, and fresh and salt water ' wetlands. * Recommending sewer outfall locations in Lynn, Salem, and Boston Harbor and evaluating impact of a sewer pipeline ' through wetlands and shellfish areas in Quincy, Weymouth, and Braintree. ' * Obtaining Conservation Commission approvals for Eastern Route MBIA track, as well as bridge and drainage improvements in Salem, Beverly, Wenham, Hamilton, Ipswich, Manchester, Gloucester and Rockport. ' * Analyzing technical reports and records of Acid Rain Damage in Massachusetts for New England Electric, Boston Edison, Commonwealth Electric, Northeast Utilities and Eastern Utilities Associates. * Performing evaluations of schools and other buildings for potential hazards associated with the presence of asbestos containing materials: We prepared management plans delineating necessary control actions mandated by federal ' and state regulations. In addition, the staff of the Gulf of Maine Research Center, ' Inc. , has experience in siting numerous land-based and offshore energy facilities including: * Obtaining a U.S. Environmental Protection Agency (Region 2) ' N.P.D.E.S. permit to allow ocean disposal of drilling mud and cuttings in the Mid-Atlantic, enabling oil and gas exploration to proceed. * Preparing permit strategy, documents and environmental reports and designing, subcontracting and supervising ' studies of land, water, and air for EG&G New England Energy Park 10,000 ton per day coal gasification plant proposed for Fall River, MA. j ' * Preparing permit strategy and documents for proposed New England Electric and EG&G co-generation plant to generate process steam and electricity at Millers Falls, MA. ' * Directing application for waiver of stack tests at NASA Hazardous Waste Rocket Fuel Incinerator at Kennedy Space ' Center. 1 1 Page 3 ' We have also arranged and conducted a series of U.S. Industrial Pollution Control Tours for International Environmental ' Officials. This work was undertaken for the World Environment Center and U.S. Department of State (Agency for International Development) . We arranged the itinerary and conducted a tour for ' the Environmental Protection Minister of Tunisia. He visited industrial facilities in Massachusetts, Pennsylvania, New York, Texas and Florida. Similar visits are planned for other senior International Environmental Officials. The activities in which we engage are multi-disciplinary. They involve interacting with engineers, geologists, hydrologists, chemists, biologists, economists, planners, attorneys and facility managers. We often work with solid and liquid waste disposal alternatives, treatability of wastes, surface and ground water II' , contamination, and the impacts of hazardous materials and chemicals on the environment and public health and safety. We evaluate ocean outfalls, evaluate impacts on water use, define wetland boundaries, define compensation for wetland utilization, evaluate feasibility of ' dredging and disposal of dredge spoils, and prepare Environmental Impact Statements, Environmental Impact Reports and applications for environmental permits and approvals. ' Dr. Hugh F. Mulligan is the Director of the Gulf of Maine Research Center, Inc. Dr. Mulligan consults with other individuals ' or firms, as necessary, to carry out the Center' s environmental programs. Prior to establishing the company, he worked for ten years with engineering and environmental consulting firms and spent fifteen years in academic research, teaching and public service. Dr. Mulligan has authored more than 50 scientific publications on limnology, aquatic botany, phytoplankton, and oceanography and ' has presented papers at national and international symposia. He was awarded an NSF Fellowship at Cornell in 1961, was awarded a Fullbright Fellowship to develop a Center of Excellence in ' Oceanography at the University of Karachi in Pakistan in 1975-76 and, in 1975, was selected by the U.S. and Rumanian Academies of Sciences for a 10-month Exchange Research Fellowship to study the Danube Delta of the Black Sea. He has worked closely with ' scientists from AID, World Bank, FAO, UNDP, and other international agencies. 1 ' Page 4 ' Additional projects Dr. Mulligan has completed include: * Obtaining all environmental permits for Allied Specialty Chemical Oximes Plant in Hopewell, VA. ' * Designing regulatory studies, preparing a compliance plan and obtaining ocean dumping permits for Allied Chemical Company enabling they company to discharge industrial ' wastes into an approved disposal area in the Mid-Atlantic. * Preparing the first Environmental Reports which achieved compliance with U.S.G.S. regulations and consistency ' with CZM regulations for oil and gas exploration off the Mid and North Atlantic coasts. * Obtaining N.P.D.E.S. permits for Hudson River Power Plants with Thermal Discharge Demonstration Compliance Studies. ' * Designing and conducting complex studies on the phytoplankton productivity of Georges Bank for the U.S. Bureau of Land Management essential to permitting for oil ' and gas exploration. * Designing an Ocean Dumping Compliance Program for the Government of Australia. * Evaluating dredging and ocean disposal of dredged ' materials for the U.S.Army Corps of Engineers at Roosevelt Roads Naval Base, Puerto Rico. ' Experience with these and other projects has enabled Dr. Mulligan to analyze environmental problems and identify the most cost effective and technically sound solution. He can provide a ' third party role by preparing or reviewing proposed scopes-of-works, reviewing proposals, and performing technical overview of reports and studies while the work is in progress. 1 1 1 1 Ecological Services 1 Wetland Assessment and Management Lake and Watershed Assessment and Management ' In recent years, legislation has protected so-called critical Gulf of Maine Research Center conducts diagnostic and environment from potential degradation and/or complete feasibility studies of ponds and lakes to determine eutrophi- loss as a result of unplanned and unregulated development. cation and contamination problems and prescribes appro- Wetlands and shorefront property have been given special priate techniques to restore these Water Resources. Our priority under both federal and state legislation because of scientists prepare reports as required by the Massachusetts the important functions, values, and benefits they offer to Clean Lakes Program which is administered by the Division the public. of Water Pollution Control(DWPC)within the Department ' Both the Section 404 Program, which is administered by of Environmental Quality Engineering. Funded by DWPC, the Army Corps of Engineers under the Federal Clean Water several cities and towns have hired Gulf of Maine Research Act, and the Massachusetts Wetland Protection Act, which Center Inc. for the following services: ' is administered by the local Conservation Commissions, along with the Mass. Department of Environmental Quali- Assessment ty Engineering regulate development activities in and with- • Vegetative distribution mapping ' in a 100 foot perimeter bordering wetlands by requiring • Bathymetric mapping permits to dredge, fill, remove or alter these areas. • Aquatic biology and fisheries inventories Gulf of Maine Research Center both reviews and prepares • Hydrologic budget analysis technical reports and recommends options to private par- • Impact of wastewater on biological communities ' ties, developers and engineering companies, as well as city • Storm water runoff sampling and analysis and state officials, relative to alteration in and around fresh • Acid rain impact studies and salt water wetlands. Our services include: • In-lake water quality sampling and monitoring t • Wetland Identification • Sediment sampling • Delineation of Wetland Boundaries • Watershed delineation • Wetland Classification/Determination of Wetland • Mapping of physical watershed features ' Functions • Development of pond rehabilitation and alteration • Inventories of Wetland Natural Resources strategies • Wetland Impact Analysis and Mitigation • Environmental assessment report preparation • Wetland Mapping , ' Wetland Plant Inventories Management • Identification of Wetland Resource Areas • Land use regulation assistance • Wetland Compensation, Enhancement and • Sediment and erosion control ' Management • Stormwater routing and management • Wetland Replication • Wastewater management • Site Planning and Design to Minimize Wetland • Wetland enhancement and management Impacts ' • Wetland Permitting Assistance Aquatic Ecosystem Biological Assessment Gulf of Maine Research Center provides comprehensive data collection and interpretation services for assessments of freshwater, estuarine and marine ecosystems. We conduct �/. historical research, field investigations and monitoring pro- grams in order to evaluate the general environmental condi- tion of these ecosystems and to recommend environmentally ' compatible actions that are both enhancing and mitigating. ' Terrestrial Ecology Our scientists can identify and evaluate terrestrial r t resources. Our services include: `' • Vegetative classification, inventories, and mapping ' „ • Identification of Unique Natural Resource areas related to rare and endangered species • Habitat Evaluations ' Density and Diversity of Vegetation and Wildife ' Gulf of Maine Research Center Inc. 27 Congress Street, Salem, Massachusetts 01970 • (617) 745-6618 ' GULF OF MAINE RESEARCH CENTER INC. E'PLO= RESUNMS ENVIRONMENTAL CONSULTING SERVICES ?� GULF OF MAINE RESEARCH CENTER INC. ' Hugh F. Mulligan, Ph.D. Director, Chief Environmental scientist Dr. Hugh F. Mulligan is the Director of the Gulf of Maine Research Center, Inc. Prior to establishing this company, Dr. Mulligan worked for ten years with engineering and environmental consulting firms and spent fifteen years in academic research, ' teaching and public service. He has authored more than 50 scientific publications on Limnology, Aquatic Botany, Phytoplankton, and Oceanography and has presented papers at national and ' international symposia. He was awarded an NSF Fellowship at Cornell in 1961 , was awarded a Fullbright Fellowship to develop a Center of Excellence in Oceanography at the University of Karachi in Pakistan in 1975-76 and, in 1975 , was selected by the U.S. and Rumanian ' Academies of Sciences for a 10-month Exchange Research Fellowship to study the Danube Delta of the Black Sea. He has worked closely with scientists from AID, World Bank, FAO, UNDP, and other international ' agencies. Dr. Mulligan has had considerable experience in working on ' projects that were quite controversial and often precedent setting. His role has been to design and receive industry and regulatory approval for special studies which satisfied the letter of the regulatory requirements and which were technically sound and cost ' effective. As the studies are being performed, he works closely with regulatory officials to ensure that they are well informed and that the statutory requirements are met. ' Education Ph.D. , Aquatic Botany, Cornell University, 1966 ' Biological Oceanography, Graduate School of Oceanography, University of Rhode Island, 1962-1963 M.S.T. , Biology, Cornell University, 1962 B.S. General Science and Mathematics, Salem State College, ' 1958 Publications and References ' Information on Dr. Mulligan' s publications and references will be provided on request. ' GULF OF MAINE RESEARCH CENTER INC. ' John A. Bleiler Ecologist/Biologist ' John Bleiler performs consulting services in the areas of wetland resources and wildlife habitat evaluation. He is involved ' with the identification, delineation, and replication of wetland resource areas. He is knowledgeable in ecological data collection, field methodologies, and technical report writing. Prior to Mr. Bleiler' s employment at Gulf of Maine Research Center Inc. , he was employed as an environmental education administrator at the South Shore Natural Science Center and the ' Nantucket Science Center. He has authored articles for both technical and popular audiences. Mr. Bleiler' s field experience is diverse. He has worked in coastal and inland wetlands, northeastern ' and southeastern North America, and in the neotropics. Education M.S. 1985 University of Kentucky: Biochemical Ecology ' (worked under joint advisors from the University of Kentucky and University of Pennsylvania) . Thesis Biochemical Ecology of Canavanine-eating Seed Predators. Academic Fellow. ' B.A. 1983 Biology with honors. Bard College. ' Publications Bleiler, J.A. , Rosenthal, G.A. , & Janzen, D.H. 1988. Biochemical Ecology of Canavanine-Feeding Insect Seed Predators. Ecology 69(2) 427-433 Dunwiddie, P. & Bleiler, J.A. 1988. Ponds of Nantucket. The Maria Mitchell Science Center Bleiler, J.A. & Hatch, H. , (eds) 1988. A Natural History Guide to Thompson Island Rosenthal, G.A. Berge, M.A. , Bleiler, J.A. , Rudd, T. 1987. Aberrant, Canavanyl Protein Formation and the Ability to Tolerate or Utilize L-Canavanine. Experientia ( 43 ) 558-561 Bleiler, J.A. 1987. A Key to the Trees and Shrubs of ' Thompson Island Bleiler, J.A. 1986. Heathlands of Nantucket. Nantucket Vacation Guide, Nantucket Chamber of Commerce (reprinted, ' 1988, by Maria Mitchell Science Center) . Bleiler, J.A. 1986. Bogs of Nantucket. Nantucket Vacation Guide, Nantucket Chamber of Commerce ( reprinted, 1988, by Maria Mitchell Science Center) ' Numerous natural history articles in newsletters and newspapers GULF OF MAINE RESEARCH CENTER INC. 1 Christine A. Marro ' Wetland Scientist Christine Marro's. responsibilities include the identification, t delineation and replication of wetlands. She is familiar with state and federal wetland regulations, and has performed wetland delineations based on soil characteristics. Ms. Marro also has ' prepared environmental impact studies, and she reviews development plans for storm water management and soil erosion control measures. Prior to Ms. Marro's employment at Gulf of Maine, she worked ' for the U.S. Department of Agriculture, Soil Conservation Service, in Acton, Massachusetts, where she delineated wetlands on agricultural land and planned the use .of soil and water resources. Education M.A. , Technical Writing, Pennsylvania State University, 1986. B.S. , Biology, Pennsylvania State University, 1981. ' Wallops Island Marine Science Program, Wallops Island, VA, 1980. r 1 GULF OF MAINE RESEARCH CENTER INC. ' James C. Durand Biologist James Durand has been with the Gulf of Maine Research Center Inc. since the completion of his undergraduate studies in wildlife biology and management. He is certified as an Associate Wildlife Biologist. His responsibilities include wetland identification, ' delineation, and wetland replication along with wildlife habitat evaluations. He is knowledgeable in wetland ecology and wildlife management techniques. ' Education B.S. Wildlife Biology and Management. 1988 University of Rhode Island. Certification Associate Wildlife Biologist I 1