64-214 - CLARK AVENUE - CONSERVATION COMMISSION �'�'�' �€k.��UCCc�L'PITfiS� _ .
310 CHR 10.9 9 DPP File Na
64-214
(To be provided b/DEP)
Form 5
Cit7frmnSalem
Appliiaet C n l p i t t s
commonrealth
of Haeaachueetts
order of Conditions
Massachuatts Wetlands Protection Act
G.L. c. 131, 540
From Issuing Authority
To David & Paula Coloitts Same
(Name of Applicant) (Name of property owner)
Address P _n _ Rox 8123 T,vnn , mpAddress same
This order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date),
by certified mail, return receipt requested on September 17 , 19?d
This project is located at Clark Avenue , Lot 354 & 353
• . The property is recorded at the Registry of Essex
Book Page
certificate (if registered)
The Notice of Intent for this project, was filed on March 23 , 1993 (date)
The public heariny was clns:d on_ May 27 , 1993
Findings
The Commissi nn 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 at this
time, the Commission has determined that the area on which the propos YOtx ns to tiedone 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 Storm damage prevention Fisheries
Grovel water supply Prevention of pollutions Protection of Wildlife Habitat
Total Filing Fee Submitted $250 . 00 State Share $ 125 . 00
(1/2 fee in excess of S25)
City/Town Share 5125 . 00
Total Refund Due S City/Town Portion S State PortionS
(1/2 total) (1/2 total)
Effective 11/10/89 5-1
Therefore, she Commission hereby finds that the fallowing coruitions
are necessary, in accordance with the performance standards set forth in the
regulations, to protect those interests 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 following
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 measures, shall be deemed cause to revoke
or modify this order.
2. The 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 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 . A,,y f 11 used is conneati.or, with the , a- oject _oaii be ciea., fill,
contain-ny no trash, refuse, rubbish or d.triu, in.luding but 7.ot li.nit-.:
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 informatin 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 Protection,
File Number 64-214
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 party to all agency proceedings and hearings before
the Department.
5-2
i
11. upon completion of tho work described herein, tY.e appl cant 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:
Proposed Grading Plan May 24 , 1993 McPhail Associates Commission
Clark Avenue Slope-Figure 1
Letter fro4o MaP-ka& Afii:Y') IQQ-4 Mnpha; l Associates Commission
Associates
special Conditions (vee additional paper if necessary)
' • J
SEE ATTACHED CONDITIONS
(Leave space .elank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5-3A
?fans:
Title Dated signed and stamped by: on File with:
special conditions (use additional paper if necessary)
- J
(Leave space Blank)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . .
5-3B
issued By C"I conservation co iaeion
si urole)
Y
This order must be signed by a majority of the conservation commission.
on this 9th day of Spntpinhpr 19 93 before me
personally appeared the above mentioned to me known to be the
person described in and who executed the foregoing instrument and acknowledged
that he/she executed the same as
sQ his/her free act and deed.
� �fg(,htJlF� v,
July 15 , 1999
' Notary Public My commission expires
The applicant, the owner, any person agrrieved by this Order, any owner of land abutting the lard upon which
the proposed work is to be done, or any ten residents of the city or town in which such lard is located, are
hereby notified of their right to request the Department of Environmental Protection to issue a Superseding
Order, providing the request is made by certified mail or herd delivery to the Department, with the
appropriate filing fee and Fee Transmittal Form as provided in 310 CMR 10.03(7), within ten days from the
date of issuance of this determination. A copy of the request shell at the same tine be sent by certified
mail or hand delivery to the Conservation Commission and the applicant.
Detach on dotted lire and submit to the Commission prior to cormrencement of work.
............................................................................................................
To Salem Conservation Commission Issuing Authority
Please be advised that the Order of Conditions for the project at Clark Avenue
File Number 64-214 has been recorded at the Registry of Essex and
has been noted in the chain of title of the affected property in accordance with General Condition B on
,19
If recorded lard, the instrument num r which identifies this transection is
If registered lard, the document rsnber which identifies this transaction is
Signature Applicant
5-4A
issued by the Deparcment of Environmental Protection
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.
I
Notary Public My commission expires
The applicant, the owner, any person aggrieved by the Superseding Order, any carr of land abutting the land
upon which the proposed work is to be done, or any ten person pursuant to G.L. c.30A 110A, are hereby
notified of their right to request an adjudicatory haarine pursuant to G.L. c.30A, 410, providing the
request is made by certified mail or hand delivery to the Department, with the appropriate filing fee and
Fee Transmittal Fon as provided in 310 CMR 10.03(7), within ten days from the date of issuance of this
_ - Superseding Order, and is addressed to: Docket Clerk, Office of General Counsel, Department of E..,tvirarsmntal
Protection, One Winter Street, Boston, MA 02108-P A copy of the request shall at the same timr be sent by
certified mail or hand delivery to the Conservation Commission, the applicant, and any uthor party.
A Notice of Claim for an Adjudicatory Nearing shell comply with the Department's Rules .f or Adjudicatory
Proceedings, 310 CXR 1.01(6), and shall contain the following information:
(a) the DEP Wetlands File Number, new of the applicant and address of the project;
(b) the complete name, address and telephone number of the party filing the request, arid, if represented
by counsel, the name end address of the attorney;
(c) the names and addresses of ell other parties, if known;
(d) a clear and concise statement of Cl) the facts which are grounds for the proceedings, (7.) the
objections to this Superseding Order, including specifically the manner in which it is alleged to be
inconsistent with the Department's Wetlands Regulations (310 CMR 10.00) and does not contribute to the
pror,etmon of the interests identified in the Act, and (3) the relief sough? through the anjudioatory
hearirC, sou:-Jfiaatl•y the .ranges desired in the Supersedinc Orc
(e) a sraterent Gnat a c:oy of the request her been sent to the appmicant, the conser"ation commission and
each other party or represent.mtive of suoh party, if known.
Failure to submit all necessary information may result in a dismissal by the Department of the Notice of
Claim for an Adjudicatory Nearing.
Detach on dotted line and submit to thePrior to commencement of work.
............................................................................................................
To Issuing Authority.
Please be advised that the Order of Conditions for the project 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 8 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
5-4B
,FAUN Cpl1
z' z Cons .l W atim im
Salem. Massachusetts 01970
1j,yA tis\C��
SPECIAL CONDITIONS
CLARK AVENUE - DAVID COLPITIS
64-214
Notice of Intent (64-214) for David and Paula Colpitts, dated March 23, 1993; two page letter
from McPhail Associates (Ambrose J. Donovan) to the Salem Conservation Commission, dated
May 24, 1993 and Proposed Grading Plan, Clark Avenue Slope, Figure 1, dated May 24, 1993;
by McPhail Associates.
1. All work shall conform to the above-referenced Notice of Intent, Proposed
Grading Plan, and McPhail letter (hereafter referenced as the approved
documents) except where they are contradicted by this Order. Any change made
or intended to be made to the approved documents or this Order shall require the
applicant to inquire of the Commission in writing whether the change is
substantial enough to require the filing of a new Notice of Intent. Specific note _
should be taken that the project approved by the Salem Conservation Commission
does not include the construction of an accessory building.
2. In the case of a contradiction between the approved documents, and this Order,
the language of this Order will prevail.
' 3. Members and agents of the Commission shall have the right to enter and inspect
the premises at all times to evaluate the compliance with the conditions in this
Order. The Commission may require the applicant to submit additional data or
information necessary for the Commission to conduct that evaluation. Since this
Order contains conditions which live beyond the issuance of a Certificate of
Compliance, this condition will also extend beyond the issuance of any Certificate
of Compliance.
4. Upon completion of the project, the applicant shall submit, with the request for a
Certificate of Compliance, an affidavit, prepared by a professional engineer or
land surveyor registered in the Commonwealth of Massachusetts stating that the
site has been developed in accordance with the approved documents and the
requirements of this Order.
5. This Order shall apply to every successor in control or successor in interest of the
property described in the approved documents or part thereof. In the event this
land or any part thereof is proposed to change ownership before or during the
project life, the applicant shall notify the potential new owner, by registered mail,
of this Order prior to the transfer of ownership and shall immediately forward
proof of this notification to the Salem Conservation Commission such that this
proof is received before the transfer of ownership is completed.
6. For the purpose of this Order, the buffer zone will be defined as the areal extent
of the applicant's property described in the approved documents. The resource
area will be defined as the area immediately downgradient of the existing, but
non-functioning siltation fence on the applicant's property described in the
approved documents.
7. Notice shall be given this Commission no more than two (2) weeks nor less than
five (5) days prior to the commencement of each activity discussed in this Order
which specifies the presence of a clerk of the works. Said notice shall include, in
writing, the name(s), address(es), and business and home telephone numbers of
the project supervisor(s) responsible for ensuring that operations are conducted in
compliance with this Order.
8. Prior to commencement of any activity on the project, the sediment and debris
that has accumulated both up- and down-gradient of the siltation fence installed by
the applicant in 1991 (referenced in special condition 6), shall be removed along
with the remains of the fence itself to the disposal location discussed in special
condition 11. This activity shall be conducted without the use of any mechanized
tools and be conducted in such a manner as to minimize disturbance to the
resource area. Only hand tools will be employed. No material of any sort will be
disposed in the resource area.
This activity will be overseen by a Clerk of the Works appointed by the Salem
Conservation Commission, whose services will be paid for by the applicant. The
Clerk of the Works must be satisfied that the work is being conducted consistent
with the terms specified in paragraph 1 of this special condition. Only upon
written certification by the Clerk of the Works will the Salem Conservation
Commission deem this activity satisfactorily completed.
9. Only after the Commission has deemed the activity in special condition 8
completed satisfactorily, and prior to commencement of any other site activity, a
state-of-the-art siltation fence and haybale barrier shall be placed along the entire
length of the slope on the applicant's property, described in the approved
documents (in the same location as the siltation fence referenced in special
condition 8). Fence construction shall be conducted in such a manner as to
minimize disturbance of the resource area. Haybales shall be installed
immediately upgradient of the siltation fence and shall be anchored with stakes and
entrenched 4 to 6 inches in depth. Trench material shall be deposited on the
upgradient side of the haybale barrier. Haybales shall be inspected daily; those
showing signs of deterioration shall be replaced immediately. The siltation fence
and haybale barrier shall remain in maximum functioning condition until a
Certificate of Compliance has been issued.
The construction of the siltation fence and haybale barrier shall be overseen by a
Clerk of the Works appointed by the Salem Conservation Commission, whose
services will be paid for by the applicant. The Clerk of the Works must be
satisfied that the work is being conducted consistent with the terms specified in
paragraph I of this special condition. Only upon written certification by the Clerk
of the Works will the Salem Conservation Commission deem this activity
satisfactorily completed. No further site activity shall occur until this certification
is received by the Commission.
10. Additional erosion and sedimentation control measures deemed necessary by the
Commission at any time during this project shall be instituted immediately by the
applicant. Any siltation caused onto any wetland or waterway area shall be
promptly reported to the Commission. Disturbed areas shall be restored to the
satisfaction of the Commission.
11. The proposed location for disposal of 1. the sediment, debris, and dilapidated
fence and 2. the excess fill to be removed to achieve the 2 to 1 grade required for
the entire slope, shall be approved by the Salem Conservation Commission prior
to commencing regrading activity. A Clerk of the Works appointed by the Salem
Conservation Commission, whose services will be paid for by the applicant, must
certify in writing to the Commission both that the proposed disposal location is
appropriate for this type of material and that the owner of that property has
provided written assurance that (s)he consents to its disposal.
12. No slope grading activity shall commence until the Salem Conservation
Commission receives the three written certifications referenced in special
conditions 8, 9, and 11.
13. Slope regrading activity shall be conducted so as to minimize the stress on the
volume of fill, which could undermine the integrity of the sedimentation controls.
Use of mechanized equipment on the slope is prohibited and its use at the top of
the slope shall be minimized. A grade steeper than 2 to 1 at any point along the
slope will be deemed unacceptable.
Once a 2 to 1 or less steep grade is achieved for the entire slope, loaming and
seeding activities shall commence. Slope seeding activity must begin no later than
September 15 for regular seed and October 15 for hydroseed. In either case, a
vegetative mat shall be placed over the entire seeded slope to enhance erosion
control. In the case where the regrading and seeding activities (in sequence) are
not conducted in time to comply with these seeding deadlines, the catch basin,
swale, and pipe may be installed but no further activity will take place on any part
of the project or site until April I of the following year, except that, no later than
November 15, erosion control mechanisms will be completed that are sufficient to
ensure the slope will retain its structural integrity throughout the winter. After
April 1 of the following year, no activity shall occur on the site until after slope
regrading and seeding activities and construction of the swale, catch basin, and
pipe have been deemed successful by the Salem Conservation Commission.
The regrading activity, and construction of the swale, catch basin, and pipe will
be overseen by a Clerk of the Works appointed by the Salem Conservation
Commission, whose services will paid for by the applicant. The Clerk of the
Works must be satisfied that the work has been conducted consistent with the
terms specified in paragraphs 1 and 2 of this special condition. The Clerk of the
Works will be particularly mindful during construction that the end of the pipe
leading from the catch basin shall be blanketed by sufficient rip-rap and a berm
adequate to disperse the energy of the piped water such that no erosion occurs in
the resource area. (The grading plan contains no detail despite a notation saying
"see detail").
Only upon written certification of compliance by the Clerk of the Works will the
Salem Conservation Commission deem this activity satisfactorily completed.
14. Only after the Salem Conservation Commission receives both the written
certification discussed in special condition 13, and certification by the Salem
Planning Department that the bills for the services of the Clerk of the Works have
been paid in full, will the Commission notify the Building Inspector that a
Building Permit may be issued.
15. At any time during these pre- (residence and garage) construction activities that
the Clerk of the Works contends that site activities are not being conducted
consistent with this Order, the Clerk of the Works is authorized to immediately
close down this project. No further activity shall occur on the site until the "
concerns of the Clerk of the Works have been fully satisfied.
16. During construction of the proposed house and garage, any stockpiled debris, fill,
or excavated material shall be protected sufficient to prevent sediment from
surface runoff entering the resource area.
17. Equipment servicing and overnight equipment storage for the regrading, swale,
and catch basin (and piping) construction as well as for the remaining site
activities must be conducted outside the buffer zone. Equipment must be
maintained to prevent leakage or discharge of pollutants while it is within the
buffer zone.
* 18. No spill or discharge of petroleum products or other pollutants will occur within
the resource area or the buffer zone.
* 19. Use or storage of rock salt (sodium chloride) or other toxic de-icing chemicals is
prohibited within the buffer zone. Any arrangement for snow removal shall
stipulate this ban.
* 20. No activity (including mowing, fertilizing, or other activity which might
compromise the integrity of the top of the slope) will occur south of the Swale.
21. All soils disturbed around the house during construction shall be immediately
vegetated upon completion of construction activities. These areas will be seeded
by September 15 or hydroseeded by October 15 or shall be fully mulched no later
than November 15 until the next growing season.
* 22. A hearty variety of a ground cover or grass, to minimize erosion and
sedimentation, shall be planted in the area of the buffer zone east of the catch
basin (that is upgradient of the slope). The ground cover or grass shall be
properly planted and maintained at all times. No fertilizers, pesticides, or
herbicides will be employed in this area.
* 23. Fertilizers used for landscaping and lawn care shall contain a low nitrogen content
and be used in moderation. Pesticides and herbicides shall not be used within the
buffer zone. This activity does not apply to the area identified in special condition
22, which specifies that none of these agents shall be employed.
24. In each case where the Salem Conservation Commission has indicated it will
appoint a Clerk of the Works to oversee a segment of this project, the applicant
will submit for the Clerk's approval a schedule indicating when these activities are
proposed. The schedule shall be submitted to the Clerk prior initiation of the
activity described in special condition S.
* Ongoing conditions that do not expire upon completion of the project or issuance of a
Certificate of Compliance.
jm/dh/specon64.214
r
RICHARD L. VI TAB.i
Attorney nt tnry
a LvNN, MASSACHUSETTS 033901
n ti .y (hln 599-600 r
u Fax (61.) 399^7955
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` C y' TELEPHONE NO
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480, Our Fax Number is (617) 592-7955:
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a � CONFZDENTIALITI NOTICE .n*A
The documents accompanying thia FAx tranamis aaan contail,
,informat for `fsvm. the Law off iyc of pichard L. Viitdxi, -
:'t Y, ES96he Which io confidential f. r..'.ent',ial an;/Ue Prl,.w'i.deged, The
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information W intended to be for the ute of the individual
or entity namyd on this *k ansmie�r',cn' �`i�f w, If you are not
yk. r_he inters ec <eck.pis:ht, be aware that any disclosure,
A ° oopyinq,, distribution or use of the contents aft this FAX
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information is PrOhih.ited. if YM havO isceived this FAX in
error please notify this office by telephone ipmetliaty?y.
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AND REGULARIL .
June 24 , 1993
MS . Debra Hurlburt
Salam conservation commission
One Salem Green
Salam, MA 01970
BFBLARK AVENUE
Dear Ms . Hurlburt:
At the request of Mr. Colpitts, please extepd the issuance and
APProval of the final order of conditions regarding the above
referenced proporty until your next meeting on July 8, 1993 .
This request is both necessary for several reasons and made in
good faith,
Your understanding and cooperation is appreciated.
Very truly yours,
/ I
RICHARD L. VITALI, ESQUIRE
RLV/amb
P-,nc l.csure
Commonwecilh of Mcssochusetts
Executive Office of Environmental Affairs
DeRartmen$ of lqpY 131993
Environmental Profectiort wm r►vA►►„"') vepY.
Metro Boston/Northeast Regional Office
William F. Weld
Gowmor
Daniel S.Greenbaum
Gommrszloner
This project has been assigned the following file ' 64-214
DATE: May 11. 1993 RE: NOTIFICATION OF FILE NUMBER
WETLANDS/ SALEM
The Departmen (city/town)
t is in receipt of the following application filed in accordance
with the Wetlands Protection Act (M.G.L. Ch. 131 S. 40) :
APPLICANT: David &Paula Colpitts SAME
OWNER:
ADDRESS: P.O. Box 8123
ADDRESS :
Lynn, MA 01904
PROJECT LOCATION: Lot 354 & Lot 353 Clark Ave, on Subdivision Plan
Although :a-file_ r, is being issued,
please note the following `
Ido file ; will be assigned to this project until the following in.forrat; j ollowing missing
s sent to this office to complete the filing in accordance with
the Act:
( ) Notice of Intent ( ) Locus Map
( ) Title 5 Plans ( ) Fee transmittal Porn
( ) Appendix A Documentation ( ) plans
201,2-TENTS: Proposed grading should be shown on hhe site plan. The wetland resource area should
be delineated on the site plan.
1-• ( ) Application has been forwarded to waterways Licensing Program to
determine if a Chapter 91 License is required.
2 . (. ) . Abpl Kant iS advised to forward a COPY . Of t -Notice .-._ . ... —..
Corps of Engineers for. Sec: . 404 to ne
he e o • Intent '
- review (Call 1-800-362-4367 for
sur,.her nforma�i'on)
- - _
see
page N _onal infc nation)
1
10 Commerce \way • %Vobu;n, Massachusetts 01601 • FAX (617) 535-6393 0 Telephone (617) 935-2160
3 . ( ) .The project described in your Notice of Intentl requires a: -401 ' Water
Quality .Certification from the DEP Se " b' further i
information ,
4 . ( ) Before the activity described in the Notice of Intent can commence,
you must obtain a Water Quality Certification (WQC) from this
Regional Office. Please complete and file the enclosed application
form with this Regional Office for review.
5 . ( ) Your project involves dredging of greater than 100 cubic yards of
material, or requires a permit from the Federal Energy Regulatory
Commission for work in "waters of the Commonwealth" . Therefore, your
proposed project is subject to 314 CMR 9 . 00 and requires a Water
Quality Certification. Please complete and file the enclosed
application form with the DEP/ Division of Water Pollution Control ,
One Winter Street, Boston, DLA 02108 . You may contact the Division of
Water Pollution Control at 617-292-5655 if you have any questions.
6• ( ) The Department of Environmental Protection has reviewed the plans
submitted by the applicant and finds that there is reasonable
as �
assurance what the project or activity will be conducted in a manner
which will not violate Massachusetts water quality standards ,
provided that:
a) the applicant receives and complies 'w th 'a Final Order of
Conditions from the local conservation commission or the
Department; and
b) the. Order of Conditions does not cause the loss of more than
5 , 000 sq. ft. of bordering vegetated wetlands and land under .
water; and
c) the project: is subject to 310 CMR 10 . 00 (i. e. , not exempt
from the MA Wetlands Protection Act - c. 131 , § •40) ; is not part
of a subdivision ; and does not cause the loss
of any wetlands
's
of Outstanding Resource Waters, or any sale marsh.
Therefore, provided that the above conditions are satisfied,
this will serve as the Water Quality Certification for this
project. This Certification does not relieve the applicant of
the duty to comply with any Other statutes or regulations.
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF FILING SUBMITTED,
NOT APPROVAL OF APPLICATION.
Please contact the following NERO Wetland Staff Person assigned t fil
-. P g o this 1e
z..y ClleSt10.^.5 relative t0 this •leL�tee_rTrac Peter
, Y
cc: COnservation Commission
( ) U, S , Arri, COrps of Engineers, Reg Branch ( ) Coastal Zone Management
( ) Board Of Health
(X ) Representative ( ) Building Inspector
( ) DEP _ - WPCF Boston +
CITY ,OF SALEM
AK.kER- GF THE WORKS
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D � 9f7GRballiY f —� IL
2-
CITY
CITY OF SALEM
CLERK OF THE WORKS
DAILY REPORT M (�
CA'CE
CCNT7iAC7 I
L.)CATION
CCN7-,, R —
`ti'EATHER �j /p ✓ TEMPERATURE
� c. aV e�S�olO
li✓ork �Nti I ✓hc, k Le
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VT0e Q �ard n �f 0•t. `Tku �lha �/ xre, ✓.
a1 prtH f COIF ► ��`r CGar Ave .
h- � DI S �• //
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ah {�-0►^fL�sL_J�L.�L UfL�w ,50 ti CA lYto/r Ola )
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ase
� F //C )�ni�s Wu,S dvwt�l� ma� e►-� •vl ad � aL2h
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M ✓ �r o wl fih e v S a �`
i
CITY OF SALEM
.�- � �IaUse � ��'.v` r
C ' . ERK OF THE WORKS
DAILY REPORT OQ
J H I E 1 P / J h �J
LOCATION G
CONTACTOR
Cn � l s
WEATHER r TEMPERATURE 3C � -so
"
Z M, en MOL —S-Lf
+ riles 9r Tv + vrt
t �
Wz4LJ, area
—_ _ �� nnr iti FiIJ �rP � is S � ehtcka vP
S/Da-D'
Signature
INTER OFFICE MEMO
FROM W. J . Beaulieu , Clerk of Works DATE 16 ,January 1991
TO Geo . Whittie , City Engineer
SUBJECTClcwrk Ave . - Mr . Coloitts
This permit should not be allowed to Mr . Colpitts . He has already
installed 40 , 000 + Cu. Yds . of material on his property at Clark
Avenue without even thinking of applying for permit . He is a
flagrant abbuser of the laws and regulations of this city.
NOTE : Good graded gravel should weigh from 118# to 122# pcf. The
wxaterial that hero ose
p p s to use has too much clay content and should
only be used with � sandwich lavers of sand to achieve, capillarity , also
per the GeoTech . Engineer this material should not be used in WET
of FREEZING conditions.
Please see the RED underlined description of material on page #3
of the GeoTech Report.
r I ,Thanks v '
Vv
WILF ED J. BEAULIEU , CLERK OF THE Works
fP{
RICHARD L. VITALI
Attorney at Law
60 ANDREW STREET
LYNN, MASSACHUSETTS 01901 RECEIV +.•
(617) 599-6480
Fax (617) 599-7955 APR 2 2 1993
Salem Manning wept.
April 22 , 1993
Ms. Debbie Hurlburt
c/o Salem Conservation Commission
One Salem Green
Salem, MA 01970
RE: CLARK AVENUE
Dear Ms. Hurlburt:
Enclosed please find a copy of the plan and occompanying ,
letter prepared by McPhail Associates, Inc. for David Colpitts
following the site visit which occurred on Tuesday, April 13 ,
1993 . In order that you may review this plan and letter fully,
would you kindly extend the public hearing to your next meeting
and this matter to May 14, 1993 .
Because of logistical constraints, the enclosed plan and
letter are photocopies and the originals will be available to you
and delivered to you tomorrow.
Mr. Colpitts has no objection to such a continuance and
extension.
Thank you for your attention and cooperation.
Very truly yours,
R CHARD L. VITALI, ESQUIRE
ATTORNEY FOR DAVID COLPITTS
60 ANDREW STREET
LYNN, MA 01901
(617) 599-6480
RLV/amb
Enclosure
,1., LL 1,10 . b .5h: _J7r =� _ _J
F `- � P1:1 . 011 . 02
ASSOCIATES,INC.
Geotechnical Engineers April 20, 1993
Salem Conservation Commission
One Salem Green
Salem, MA 01970
Reference: No.16 Clark Avenue; Salem, Massachusetts
Ladies and Gentlemen:
..,.., . _ _..,. In accordance with your recent request,. the _following„summarizes the propos-
ed site improvements at 16 Clark Avenue (Lots 353 and 354) in Salem, Mas-
sachusetts. Included in the proposed site improvements is regrading of the
existing slope along the south side of the property and construction of a
single-family residence at the northwest corner of the property.
Proposed Slope Gradina
The existing slope along the south side of the property varies in pitch from
a minimum of 2.2 horizontal to 1 vertical, to a maximum of 1.65 horizontal
to 1 vertical. Proposed regrading of the slope would provide a maximum
pitch of 2 horizontal to 1 vertical along the entire length of the slope to
conform with grading of the slope on adjacent properties . Grade at the top
of the slope would be pitched away from the face of the slope at a maximum
grade of 4 horizontal to 1 vertical to divert surface water run-off and thus
mitigate surficial erosion of the slope. Existing trees showing signs of
distress would be removed from the slope. Following regrading, the slope
......��a-s..,. --.---A .� � tn_am.-aM an_nrlui3. ..ey1-h. n-rA an--*n..v._rn_vit1A.8-around_Coups_
to rQ.__tv `ai�at .�Fa •• -••- -nn._--Tn *I as PnNrNP ^f ra rAAinB the slove. a
pr - .ay.. -- - _^--- -
silt fence would be installed and maintained along the toe of the slope to
prevent: siltation moi-tier-wet1-ar.a.
Proposed House
The proposed house which is to be located in the north corner of the prop-
erty consists of a 2-story wood-framed structure with a basement extending
about one-half level below outside finished grade, and an attached two-car
garage. The house will be set back 15 feet 10 inches from the street and 12
feet from the property line to the northwest. At its closest point, which
is the south corner of the garage, the house will be 5 feet from the top of
the slope. Foundations supporting the garage would bear on natural dense
glacial till or bedrock, and hence, would not impact fill material present
in the slope.
30 Norfolk Street
Cambridge,Massachusetts 02139
6171868-1420
61718681423 (fax)
M-- 'HH1L H5 ! HI 1- ILL 0 . t,1 'tL'142-1 Apr 22 , 971 15 : 02 No . 011 P . 03
f r,.
ASSOCIATESONC. Salem Conservation Commission
Geotechnical Engineers Apr4el2zo, 1993
We trust that the above is sufficient for your present requirements. Should
you have any questions, please contact us.
Very truly yours,
McPHAIILLwA.SS7O/CIIAATTES, INC.
Ambrose J. Donovan, P.E.
AJD/jrm
24'38
Enclosure
xc: Mr. David Colpitts
CLIMATIC CONSiJLTANT SERVICES
Arthur A_ Francis
242 Loring Avenue
Salem, MA 0.1970 (SOS) 744-5252
David Colpitts
459 Summer Street
Lynn, MA 01905
April 5, 1993
Dear David:
Here is the climatological rainfall data that you requested for the period August, 1990
through March, 1993. Observations of precipitation are made at 242 Loring Avenue Salem,
MA.
Precipitation amounts are listed for amounts of 0.50 inches or more for each period of
adverse weather. As an example, during the two days - the 7th and 8th of August, 1990,
the actual total for the two days was 0.88 inches.
Peak wind speed, in miles per hour, and direction are included for speeds 35 miles per,
hour or more, since this indicates that the rain could have been a driving rain.
r
The complete report follows on pages 1, 2, and 3. 1 have also included a fourth page
that lists only the amounts of 1.00 inch or more at one time.
The fee for this service is $100.00. Thank you very much.
Very truly yours,
i
rthur A. Francis
L
2.
Precipitation in Inches - Amounts One Inch or More in BOLD Type
Significant Wind Speeds 35 Miles Per Hour or More
AUGUST 1990 SEPTEMBER 1990 OCTOBER 1990
7th 0.23 No significant amount 13th 0.85
8th 0.65 14th 1.58
lith 3.26 19th 1.10
12th 0.03 23rd 1.07 (SW 56)
22nd 0.15 24th 1.08
23rd 0.07
24th 2.35
25th 0.02
NOVEMBER 1990 DECEMBER 1990
6th 0.76 (SW 53) 4th 1.33 (SE 40)
10th 1.01 (E 41 ) 15th 0.53
16th 0.17
JANUARY 1991 FEBRUARY 1991 MARCH 1991
8th 0.02 7th 0.55 2nd 0.30 (SW 51)
9th 0.50 8th 0.02 3rd 0.32 (NE 37)
11th 0.55 13th 0.06 4th 0.90 (NE 37)
12th 1.58 (E 37) 14th 0.86 22nd 0.29
16th 1.22 15th 0.05 23rd 0.78 (E 35)
17th 0.22 24th 0.20
18th 0.02 (SW 43) 25th 0.05
APRIL 1991 MAY 1991 JUNE 1991
20th 0.05 6th 0.50 3rd 0.17
21st 3.28 (NE 55) 4th 0.35
11th 0.50 (NE 43)
12th 0.27 (NW 39)
15th 1.34 (NW 45)
16th 0.25
3.
JULY 1991 AUGUST 1991 SEPTEMBER 1991
13th 0.88 9th 0.06 5th 0.71
14th 0.02 10th 0.84 (SE 40) 14th 0.11
25th 0.03 18th 0.03 (SW 35) 15th 0.20
26th 1.23 19th 2.87 (NE 66) 16th 0.24
27th 0.33 20th 0.31 19th 0.92
21 st 2.21 20th 0.78
25th 2.95 (W 44)
26th 1.09
OCTOBER 1991 NOVEMBER 1991 DECEMBER 1991
6th 1.23 10th 0.15 (NE 39) 2nd 1.50 (NE 36)
15th 0.37 11th 1.19 (NE 51 ) 29th 0.82 (NE 38)
16th 0.07 12th 0.02
17th 0.39 21st 0.47
18th 0.98 22nd 0.96
30th 0.17 (NE 58) 23rd 0.39
31st 1.33 (NE 46) 24th 0.29
JANUARY 1992 FEBRUARY 1992 MARCH 1992
4th 1.43 (NE 35) 15th 0.72 7th 0.65
23rd 1.40 (SE 53) 16th 0.29 (NW 39) 11th 0.72 (SW 46)
25th 0.15 19th 0.44 (NE 37)
26th 0.60 26th 0.20
27th 0.72 (SE 51 )
28th 0.35
APRIL 1992 MAY 1992 JUNE 1992 JULY 1992
lith 0.34 1st 0.06 1st 2.30 9th 0.60 (SW 45)
12th 0.21 2nd 0.79 2nd 0.02 14th 0.09
16th 0.41 3rd 0.02 (SW 36) 5th 0.22 15th 0.50
17th 0.66 6th 1.18 29th 0.70 (SW 40)
18th 0.07 24th 0.43 31st 0.70
24th 0.48 25th 0.17
25th 0.18
26th 0.04
AUGUST 1992 SEPTEMBER 1992 OCTOBER 1992 NOVEMBER 1992 DECEMBER 1992
9th 0.84 3rd 1.14 9th 0.10 3rd 0.98 3rd 0.53
14th 0.34 26th 1.18 10th 0.80 4th 0.04 4th 0.03
15th 0.13 11th 0.01 21st 0.01 (SW 37) 11th 1.05 (NE 63)
16th 0.88 12th 0.31 22nd 0.55 (SW 37 12th 1.52 (NE 56)
17th 0.40 23rd 1.43 13th 0.03 (NE 50)
18th 1.00 24th 0.13 17th 0.66
25th 0.20 29th 0.33
26th 0.46 30th 0.40
27th 0.02 31st 3.34
4.
JANUARY 1993 FEBRUARY 1993 MARCH 1993
5th 0.55 (SW 43) 12th 1.70 (NE 41 ) 4th 0.05 (NE 46)
13th 0.76 (NE 38) 13th 1.21 (SW 37) 5th 1.35 (NE 52)
14th 0.10 16th 1.42 (S 35) 6th 0.10
17th 0.03 (SW 47) 13th 2.68 (NE 71)
21st 0.60 14th 0.09 (SW 60)
22nd 0.71 (NE 37) 17th 0.75 (SW 41 )
18th 0.15 (N 38)
24th 1.80
28th 0.30
29th 1.47
30th 0.15
r
5.
SIGNIFICANT SINGLE EVENTS
(Precipitation in Inches}
August 24, 7990 2.35
October 13, 1990 -1 -so
October 7 4, 1 990 7 . 7 0
October 23, 7 990 1 _07
October 24, 1990
November 70, 1990 1 _07
December 4, 1990 1 _33
January 12, 7 997 Y _58
January 1 3, 7 991 7 _22
Apri/ 27 , 7997 3_28
June 15, 1997 7 _34
Ju/y 26, 1997 1 _23
' August 7 9, 7 997 2.87
August 27 , Y991 2.27
September 25, 7997 2.95
September 26, 1 997 7 _09
October 6, 7997 1 _23
October 31 , 1991 7 _33
November 1 7 , 7 99Y 1 . 7 9
December 2,
January 4, 1 992 -1 -.4s
January 23, 7 992 -1 -140
June 1, 1 992 2.30
June 0, 1 992 1 - -is
August, 18, 7992 7 _00
September 3, 1992 -1 - -s-4
September 26, -10a2 7 _ 18
November 23, 1 992
December 11 , 7992 1 .05 - Peak Wind NE 63 m_p_h_
December 12, 7 992 7 _52
December 31 , 1 992 3.34
February 7 2, 1 993 -1 - 70
February 7 3, 7993 1 _2Y
February 7 6, 1993 7 _42
March 5, 1993 1 _35
March 73, 7993 2.68 - Peak Wind NE 77 m_p_h_
March 24, 1993 -1 -00
March 29, 1 993 -1 -.47
I
6.
AVERAGE PRECIPITATION Vs_ 1990, 1991, 1992, & 1993
AVERAGE ANNUAL PRECIPITATION FOR BOSTON - 43.33 Inches
SALEM ANNUAL PRECIPITATION FOR 1990 - 51.99 Inches
SALEM ANNUAL PRECIPITATION FOR 1991 - 54.40 Inches
SALEM ANNUAL PRECIPITATION FOR 1992 - 42.50 Inches
AVE. PRECIP. FOR BOSTON JAN, FEB, & MAR - 11.34 Inches
SALEM PRECIP. JAN, FEB, MAR 1993 - 17.77 Inches
N A Blaze 9
f
J
of Glory
'eabody mail carrier r'
-estores fire truck Vis
n Ipswich garage
By DENTS KENNEDY
Essex County Newspapers
David Colpitts has become the envy of s
very kid on his block.He bought a fie truck.
But Colpitts, 42, had to wait a few years to
eahze his childhood dream.
Colpitts drove off with Newburyport's old°
ingine 1 earlier this week after buying it as
urplus from the city.
The Lynn resident, who works as'a?letter, ,'�i��
arrier in Peabody;will restore the 40year
dd pumper at his parents'Ipswich gartlyage
Engine 1;which was most re,cen ,sta
toned on Plum Island,was sold off along with
dewburyport's Engine 4; --�,.� ."g,
Engine 4, which had more;rust-probfbms`. s
han its sister truck, was sold for$4.156 to a
4ississippi company that will most likely sal
age only the engine and transmission.The
:ompany, Deep South Trucking, and-
;quipment, took away the engine byflatbed-
uck.
Colpitts made more of a day of it,driving up
n his car with his wife, Paula; and son i'G ins 'tay ' aryen Eaton photo
)avid,7. He handed a check for his high bid, David Colliitts and his son David, 7,show off their new 1953 fire engine,which
F
As NewburypoWs old a 1:
1,259,to fire Chief John F.Cutter III. Engin
Engine 1 was delivered to the city in
wgust 1953. It was bought for just under As he watched Colpitis go over the truck purchasing agent told me there were two in
12,000 from a Cambridge boiler works com- ,firefighter Howard York recalled that Engine Newburyport,"he said.
,any that had customized a conventional ' 1 was the first truck he pumped after joining Colpitts has been a firefighting buff since
ord truck. By contrast,the two new,—and" the department 26 years ago. York was he was a kid.
tetter equipped—pumpers bought this'year askigntid to flood-the Plum Island Point park I was always fascinated,by the fire depart-
ost$221,500 each. lof for skating,which'he said was a tradi "Ment Ytitfttgve to;espect khese guys for the.
"It Was a pretty good truck'for the money,"' tion for rookies 'job',they do, a said. "
,utter said of the old engine. Colpitts was given a quick orientation of This is the first truck Colpitts has snared,
Engine 1 was first assigned to the central the vehicle from Chief Cutter and other fie- but it may not be the last."It's our first collect
tation in Market Square in downtown fighters who were on duty. The engine is tor's item;"he said, emphasizing the "first."
4ewburyport, then transferred to Plum newer than the truck, though the original "I'd like to put a little museum together.
sland after the truck there was destroyed in starter is still in the vehicle,Cutter said.The The truck had more than 39,000 miles on
he Blizzard of 1978. 1,000-gallon steel tank has a little water in it the odometer—or was it 139;000?But mileage
The truck was virtually stripped for sale. And to help him get through traffic on the isn't too important,because of constant down-
W that remained of the standard equipment way to Ipswich,Colpitts still had the red light time, wear on fire trucks is measured by
vas a wooden ladder and a small hose and and air horn on the roof. hours the engine is in use,whether driving or
eel that may have come with the truck in Young David Colpitts,wearing a plastic fie idling.
953• hat that said "Fire Chief,"also seemed to Colpitts said he was not fazed by the body
Firefighters have a pretty good sense of his- enjoy giving the family's brand new truck the rot on the truck.A little filler can take care of
:ory.They can recall details about big fires as once-over. Colpitts senior said he has been it, he said. "Body-wise, it's not that bad a
,veil as about trucks and equipment over the looking to buy a surplus truck for some time. truck. Vintage-wise, it's very good. It's got a
Tears. "I missed out on one in Peabody. But the lot of history,"he said.
6 May, 1991
Salem Conservation Commission
Attn: Julie Riemenschneider
One Salem Green
Salem, Massachusetts 01970
Re: Colpitts Property
Clark Avenue
Dear Commission Members:
On 3 May, 1991 I met with Mr. David Colpitts, who is presently
developing property on Clark Avenue in Salem, Massachusetts.
Mr. Colpitts indicated that the Commission is concerned that
the extent of activity on the southwest lot has resulted in
the fiflin of`wetlands. I further"understand based `on m
conversation with Mr. Colpitts, that activity occurred up to
a wetlands line which was a modification of the original
wetlands line, but that the Commission has no record nor
recollection of this modified line. As a former employee of
Gulf of Maine Research Center, I was Mr. Colpitts ' technical
representative for delineation of wetlands on the property and
presentation of the Notice of Intent to the Commission. In an
attempt to resolve this matter, I herein provide my
recollection of the delineation and Notice of Intent for this
property.
The original wetlands delineation was conducted in March,
1988 . The upland/wetlands line was determined on the basis of
sweet pepperbush (Clethra alnifolia) and highbush blueberry
(Vaccinium corymbosum) as wetland indicators. This
established the wetlands line somewhat further upslope than
wetlands usually occur, however, there were no. -other
indicators present at the time by which a decision could be
made. The wetland flags were located by Landmark Engineering
and placed on a plan dated May, 1988 .
Subsequent to depiction of the wetlands edge on the Landmark
plan, and submission of the Notice of Intent to the
Commission, I revisited the property. During this second
visit (May or June) , I noted herbaceous vegetation,
particularly Canada mayflower (Maianthemum canadense) , not
present during the original delineation. Based on the
presence of the Canada mayflower, I redelineated the southwest
part of the property. This resulted in moving the wetlands
line downslope 10 to 40 feet from the original wetlands line.
This modified line was located at approximately the bottom of
a relatively steep slope. Wetlands extending out from the
1
base of the slope were vegetated with skunk cabbage
(Symplocarpus foetidus) .
During the presentation of the Notice of Intent to the
Commission I indicated the original wetlands line as depicted
on the Landmark Plan, and used a colored marker to indicate
areas where the line had changed. This new line indicated
with colored marker was based on measurements I had taken in
the field of the distance between the old flags and the new
flags. Subsequent to the Commission hearing, myself, Mr.
Colpitts and several members of the Commission conducted a
site visit to view the wetlands line. ' The line, with the
modification, was approved as part of the Notice of Intent 14
July, 1988 .
During the 3 May, 1991 meeting with Mr. Colpitts I had an
opportunity to review a plan by Reid Surveyors dated 25 April,
1991. This plan was prepared to represent as-built conditions
k 'at':°athet ite. To the best of my-:,recollection, the :limits:=.'of
activity as indicated on the plan correspond with the wetlands
line as modified in 1988 . Therefore, based on my recollection
of the wetlands delineation, Notice of Intent, and review of
the plan by Reid Surveyors, I conclude that Mr. Colpitts has
conducted activities on the site in accordance with the Notice
of Intent approved by the Commission 14 July, 1988 .
I am no longer an employee of Gulf of Maine Research Center
but would be pleased to assist the Commission in any manner
possible to resolve this matter. Should you have any
questions I can be contacted at (617) 246-5200, ext. 4048 .
Very Truly Yours,
Donald M. Kent, Ph.D.
2
310 CMR 10.99
N
Form 3 DEP Fb No.
R'
Commonwealth " ~' (To be onw o br oert
V— of Massachusettso. Town �n /2m
V_;= Abbtican!
Y 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
la
1 . Location: street Address u�f`?`�� ana ct/O f3�3v' ( . r�L�d PrJC/� Orl C/U�Ll�✓�Jrd✓J �jr7
Lq`r4umoer I ?9Jf ,355 ved ff/0ri / //, /99/-
/ // /� /I /
2. Protect: Type /mi�//�//JYDescnption ren rfrir A f/On ,J f a /inq/r tam, /i �igrrr'a'
and /�pOdfrr r firer, G� a.a. ..�.2�scr c---�bu7.�al� ng ,
add �io 1hen-l- 1 ✓aradinc/ APr6Lewed Z-e-"cL/ tq
{y� �hP l/ �Gi LUSOl/a �7 i 11-PO -le h,2,',,,, &gIlzeelcir/9
3. Registry: County oF5 S e'k Current Boo n L o(" 8 Page
Certificate(If Registered Land)
`!Ja✓rd Tel. Jr�3 -r/SSrf
4. Applicant
Address �o 1qOX //fes //nia� ✓//R O/90�
5. Property Owner c�d✓/A LO/o i7T1 . _ Tel.
Address
�A
5. Representative /n ,t /<OJx. on�e✓ / SsdC'• Tel.
Address Cid /yar4 IL �/ri �riarcjP /rrCL 602/ 19
7. a. Have the Conservation Commission and the Department's Regional Office each been sent, by certified
mail or hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes —2�- No E
b. Has the fee been submitted? — Yes c 6No o
c. Total Filing Fee Submitted °�
d. CitylTon Share of Fling Fee
( 2 5 °� State Share of Fling Fee f Z
(sent to City/Town) ('/z of fee in excess of 525, sent to DEP)
e. Is a brief statement attached indicating how the applicant calcutated the fee? '7 ws —� No
Effective 11f10f89
S. Have all obtainable permits. variances and approvals reauved by local by-law been obtained?
Yes - No
Obtained:
Applied For Not Applied For:
✓f-��Lf{�v�5 >9a1J y�000 HR2R� SPEciRL
�CMT�
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L. c. 131 . §40A or G.L.
c. 130. §105? Yes - No
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
• Title. Date
Num//oer/Letter / //� / / •--//,, , .
-Nn 'L`1a� �/ ✓JY, Dna /G� 4,, -/; J�/�pr?,
Mao-/ CrT
if � Na . e limen /2z4ss-o�� � .r ruer/�irA//11�° � O�ia�L�L.'�/✓
IL !/ /an -/i /�C/ ✓/J/on d �Gi�d in Jo �fm, �
,61--e//d Janaar 1/ 9/, /9 I
c�
A awte�V hk, Ir-ow //
m /' & OI/UIC ha�/ �7l Linter✓dAdn /�n�rnurS:on 1o�99/a��
prate ft/JaIfa`6/2
Owl
Mr LOF /yGhG�
_b �Z S, / � ✓Ja mics Lo<P fi riy .ter. eu i --� �n /
PC X30 /99/ 7�ropoL� Fauspro onYQ bf(o {�1� uufion�" O/n (P tt/✓��
1 1 . ecisC s e ource aFeas within Which work�s propose i,Elinq• ee," en S
(a) $ Buffer Zone
(b)Inland:
- Land Subject to Flooding,
Bank'
- Boraerina Vegetated Wetland' _ Bordering
- Land Under Water Body&Waterway' - Isolated
(c)Coastal:
-
Land Under the Ocean' - Designated Port Area'
- Coastal Beach' - Coastal Dune
Barrier Beach - Coastal Bank
i - Rdcky Interneal Shore' - Salt Marsh'
- Lana Under Salt Pond' - Land Containing Shellfish'
- Fish Run'
Likely to involve U.S. Army Corps of Engineers concurrent jurisdiction. See General Instructions for
Completinc Notice of Intent. 3-2
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?
.YES [ ] NO (?(] Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [ ] (if any) /98d'
If 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
filing of this Notice of Intent?
YES ( ] NO [ ]
3.3
,art 11:Site Description
icicate which of the followina information has been provided Ion a plan, in narrative description or calcula-
ons) to clearly. completely and accurately describe existing site conditions.
Identifying
Number Letter
(of plan. narrative
or calculations)
Natural Features:
Solis
egptatlon
I op
1rap
A op rap
Open water bodies(including ponds and lakes)
Flowing water bodies(including streams and rivers)
A14 — Public and orwate surface water and ground water supplies on or within 100 feet of site
M xwmum annual ground water elevations with dates and location of test
/ noanes of resource areas checked under Part I, item 1 1 above
Other
Man-made Features:
AIA _ Structures(sucn as buddinas, piers, towers and headwalls)
&A Drainage and flood control facilities at the site and immediately off the site, including
culverts and open channels (with inverts), dams and dikes
/VA Subsurface sewage disposal systems
�Underground utilities
2 � a�o'ddways and parking areas
�rbbe y boundaries. easements and rights-of-way
Other
Part 111:Work Description
indicate which of the following information has been provided(on a plan, in narrative description or calcula-
tions I)
alcula-tions) to clearly, completely and accurately describe work proposed within each of the resource areas
checked in Part I, item 11 above.
Identifying
Numoerl-eater
(of plan, narrative
or calcuiations)
Planes w and Cross Section of:
a2 7Struc:,aes isucn as ouiiamds, biers, towers and headwalls)
Al Drainage and flood control facilities. including culverts and open channels(with inverts).
dams and dikes
Subsurface sewage disposal systems&underground utilities
2, i�li 2�3dreacing and excavating, indicating volume and composition of material
/VA Compensatory storage areas. where required in accordance with Part III. Section 10:57
(4)of the recti anons
Wildlife habitat restoration or replication areas
Other
Point Spurce Discharge
p( Description of characteristics of discharge from point source(both closed and open
channel). when point of discharge falls within resource area checked under Part I, item
41I 1 1 above. as supported by standard engineering calculations, cata and plans, including
but not limited to the foilowing:
3.4
1 . Delineation 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
1 0-year and 100-year freduency storm:
3. Pre-and post-develooment rate of infiltration contributing to the resource area cnecked under Part I, item
1 t above:
4. Estimated water quality cnaracteristics of pre- and post-develooment run-off at the point of discharge.
Part IV:Mitigating Measures
1 . Clearly, completely and accurately describe, with reference to supporting plans 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 III of the regulations: or
(b) why the presumptions set forth under each resource area specified in Part II or Part III of the regula-
4ons do not apply.
— Coastal Resource Area Type: 1. cennlymo numoer or lever
Inlano of su000n oocuments
Coastal Resource Area Tvoe: Idenvtvmo numoer or letter
Intano of su000n oocuments
I
• I Ii
I
I
I
Ili
I �
3-5
loenmwng numoer or iener
_ Coastal Resource Area yoe. I of support oocuments
Inlanp
I
l
l
2. Clearly. Completely and accurately describe. with reierence to supporting plans and calculations where
necessary.
(a) all measures and designs to regulate work within the Buffer Zone so as to ensure that said work
does not alter an area specified in Part 1. Section 10.02(1)(a) of these regulations; or
(b) it work in the Buffer Zone will alter such an area.all measures and designs proposed to meet the
performance standards established for the adjacent resource areaspecitied in Part II or
iPart III of these regulations.
etter
Coastal Resource Area Type Boroerea By 100-Foot Discretionary Zone: laenufymo numoer ne is
�— of supoon oocuments
I� Inlana ,aftlrei? PJ // A
t_OnJ ,<vu � bion p� J'�Ole T
IQea a117 �0 �2 �'e -/prmPG�
jcl /77 P fai / � rsaeiafQr ��¢ �eehr cud
PPri2
�P Uri.
o�, eH �e rCma �7 J'/I/q/a
. �Q
Lira" A(5(Af 6On r-14 f! �iD�
Ctr�Gt ��J ,-e,5)L
I
3-6
a
Part V: Additional Information for a Department of the Army Permit
1 COE Application No. 2.
(to be oroviaea by COE) (Name of waterway)
,i. Names and addresses of
properw owners adioining your property:
/02 10r a
V10 I-e In 911d
/fact, ley, No
Document other project alternatives(i.e., other locations and/or construction methods, particularly those
that would eliminate the discname of dredoee or fill material into waters or wetlands).
8',r" x 1 1 " drawinas in Olanview and cross-section, showing the resource area and the proposed activ-
ity within the resource area. Drawings must be to scale and should be clear enough for photocopying.
Certification is reouired from the Division of Water Pollution Control before the Federal permit can be
issued.Certification may be obtained by contacting the Division of Water Pollution Control,1 Winter Street,
Boston, Massachusetts 02108.
Where the activity will take place within the area under the Massachusetts approved Coastal Zone
Management Program,the applicant certifies that his proposed activity complies with and will be conducted
in a manner that is consistent 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 is voluntary,however,if necessary
information is not provided,the application cannot be processed nor can a permit be issued.
I hereby certify under the Dalns and Denalties of perjury that the foregoing Notice of Intent and accompanying
pian uments and eporti rca are a an c 'mplete, to the best of my knowledce.
Signature of Apbitcant Date
Signature of Aeblicants Reoresentauve Date
FORM ==<ert oP to ENG Form .zs add....d by xQUSACE. a May 19Bs"
NED 00 (TEST) _h corvmem roman. Dep.nment o/ the Army •np Suu of Muurnuuw •Pp id
1 MAY 82 a
.or . Permit to obtain permuaon to perform •c untie. m Unn.d Stain ..uo. The Offir.
of M.nn....t ..it Budext ZOMBI ii •Pprd,.d tbov aunu...reouired by the US Army Corp.
^i Enatn.en. OMB Number 0102-0036 and expiration date of 30 Sept,di 1987 .ppii.. Thu
.tatem..t .,II be it in 6 point type. -
3.7
6 May, 1991
Salem Conservation Commission
Attn: Julie Riemenschneider
One Salem Green
Salem, Massachusetts 01970
Re: Colpitts Property
Clark Avenue
Dear Commission Members:
On 3 May, 1991 I met with Mr. David Colpitts, who is presently
developing property on Clark Avenue in Salem, Massachusetts.
Mr. Colpitts indicated that the Commission is concerned that
the extent of activity on the southwest lot has resulted in
the filling of wetlands. I further understand, based on my
conversation with Mr. Colpitts, that activity occurred up to
a wetlands line which was a modification of the original
wetlands line, but that the Commission has no record nor
recollection of this modified line. As a former employee of
Gulf of Maine Research Center, I was Mr. Colpitts ' technical
representative for delineation of wetlands on the property and
presentation of the Notice of Intent to the Commission. In an
attempt to resolve this matter, I herein provide my
recollection of the delineation and Notice of Intent for this
property.
The original wetlands delineation was conducted in March,
1988. The upland/wetlands line was determined on the basis of
sweet pepperbush (Clethra alnifolia) and highbush blueberry
(Vaccinium corymbosum) as wetland indicators. This
established the wetlands line somewhat further upslope than
wetlands usually occur, however, there were no other
indicators present at the time by which a decision could be
made. The wetland flags were located by Landmark Engineering
and placed on a plan dated May, 1988.
Subsequent to depiction of the wetlands edge on the Landmark
plan, and submission of the Notice of Intent to the
Commission, I revisited the property. During this second
visit (May or June) , I noted herbaceous vegetation,
particularly Canada mayflower (Maianthemum canadense) , not
present during the original delineation. Based on the
presence of the Canada mayflower, I redelineated the southwest
part of the property. This resulted in moving the wetlands
line downslope 10 to 40 feet from the original wetlands line.
This modified line was located at approximately the bottom of
a relatively steep slope. Wetlands extending out from the
1
c
base of the slope were vegetated with skunk cabbage
(Symplocarpus foetidus) .
During the presentation of the Notice of Intent to the
Commission I indicated the original wetlands line as depicted
on the Landmark Plan, and used a colored marker to indicate
areas where the line had changed. This new line indicated
with colored marker was based on measurements I had taken in
the field of the distance between the old flags and the new
flags. Subsequent to the Commission hearing, myself, Mr.
Colpitts and several members of the Commission conducted a
site visit to view the wetlands line. The line, with the
modification, was approved as part of the Notice of Intent 14
July, 1988.
During the 3 May, 1991 meeting with Mr. Colpitts I had an
opportunity to review a plan by Reid Surveyors dated 25 April,
1991. This plan was prepared to represent as-built conditions
at the site. To the best of my recollection, the limits of
activity as indicated on the plan correspond with. the wetlands
line as modified in 1988. Therefore, based on my recollection
of the wetlands delineation, Notice of Intent, and review of
the plan by Reid Surveyors, I conclude that Mr. Colpitts has
conducted activities on the site in accordance with the Notice
of Intent approved by the Commission 14 July, 1988 .
I am no longer an employee of Gulf of Maine Research Center
but would be pleased to assist the Commission in any manner
possible to resolve this matter. Should you have any
questions I can be contacted at (617) 246-5200, ext. 4048.
Very Truly Yours,
Donald M. Kent, Ph.D.
2
ASSOCIATES,INC.
March 24, 1992
Geotechnical Engineers
Mr. .David Colpitts
P.O. Box 8123
Lynn, MA 0190.4
Attention: Mr. David Colpitts
Reference: Clark Avenue; Salem, Massachusetts
- Stability of Existing Slope
Gentlemen:
In accordance with your recent request, we have completed our assessment of
the existing slope located along the south side of vacant lots numbers 40
and 41 situated on the south side of Clark Avenue in Salem, Massachusetts.
The purpose of this letter is to address concerns raised by the City of
Salem regarding surficial erosion and overall stability of the slope con-
structed at the above referenced lots. The area adjacent to the toe of the
slope is understood to be designated as a wetland.
It is understood from our discussions with Mr. David Colpitts that the slope
was constructed during the period of May 1988 through September 1990 and
consists of blast rock fill overlain by glacial till imported from Deer
Island. Information provided by Mr. David Colpitts included an existing
conditions plan entitled "Plan of Land Prepared for David Colpitts" by Reid
Land Surveyors and dated April 23, 1991, and a typical cross section through
lot number 40, also prepared by Reid Land Surveyors.
The existing condition plan indicates that the slope ranges in height from
18 to 24 feet, and varies 'in pitch from a minimum of 2.2 horizontal to 1
vertical, to a maximum of 1.45 horizontal to 1 vertical. The typical cross
section indicates the stages of slope construction. Firstly, blast rock
fill was placed over the original ground up to a maximum thickness of about
16 feet. The blast rock fill was then overlain by glacial till varying in
thickness up to a maximum of about 12 feet.
SITE OBSERVATIONS
A visual inspection of the slope was performed on March 5, 1992 by an
engineer from our office in the presence of Mr. David Colpitts. Our obser-
vations indicated that the surface of the slope consists, in general, of
glacial till, although locally portions of the slope are covered with loam.
30 Norfolk Street
Cambridge,Massachusetts 02139
617/868-1420
617,'868-1423 (Fax)
Mr. David Colpitts
ASSOCIATES,INC. March 24, 1992
Geotechnical Engineers Page 2
According to Mr. David Colpitts, the slope was seeded in the fall of 1991.
Grass has since started to grow over much of the slope.
Based upon our evaluation of the glacial till material from Deer Island
performed during August 1990, it is considered to be a well-graded mixture
of silt, sand and gravel. In regard to the potential re-use of the glacial
till, it is an excellent material for structural or ordinary fill when
placed and compacted under properly controlled conditions consisting of dry,
non-freezing weather. The glacial till is also considered suitable for use
in construction of slopes, however, it does contain a high percentage of
silt (about 35 to 40 percent fines), and hence, is considered to be sensi-
tive to surficial erosion.
Visual observation of the slope indicates the presence of localized evidence
of surface erosion consisting of drainage gullies in the face of the slope.
The drainage gullies were reportedly caused by storm water run-off locally
cresting over the top of the slope and draining down the slope. To prevent
further erosion, a berm has been placed along much of the top of the slope
and the storm water run-off diverted to the west and of the site. In
addition, surface erosion of the slope is also considered to have occurred
as the result of precipitation washing out silt/fines from the glacial till
material.
Finally, we also observed a number of existing trees at various locations
along the slope. The trees pre-dated fill placement for slope construction
and hence, fill material has been placed around the bases of the trees. In
addition, a number of rocks were observed protruding from the face of the
slope.
CONCLUSIONS
It is our opinion, based upon our on-site observations that the slope is in .
reasonably good condition with only localized evidence of surface erosion
consisting of drainage gullies in the face of the slope. Based upon the
method of construction of the slope as indicated in the above referenced
cross section, the groundwater level is anticipated to be perched on the
surface on the underlying natural soil, and hence, is not considered a
threat to the stability of the slope. With regard to the trees in the
slope, it is considered that future degradation of the trees may result in
damage to the slope.
In conclusion, based upon our past experience with slopes of similar geomet-
ry constructed of glacial till, this slope is considered to be in an overall
Mr. David Colpitts
ASSOCIATES,INC. March 24, 1992
Geotechnical Engineers Page 3
stable condition, -however, some minor regrading should be performed and
aurficial erosion protection provided to maintain the slope in a stable
condition.
RECOMMENDATIONS
Based upon our on-site observations and our review of the documents prepared
by Reid Land Surveyors, we recommend the following measures for providing
and maintaining a stable slope.
1. The slope should be graded to a maximum pitch of 1.5 horizontal to 1
vertical.
2. To prevent drainage gullies and hence, surface erosion in the face of
the slope, it is recommended that final site grading include a contin-
uous swale along the top of the slope to divert surface run-off away
from the slope.
3. Given that the slope is constructed of glacial till, it is recommended
that the surface of the slope be provided with a protective covering
of grass as soon as possible. Hydroseed may be the best method of
protection against surface erosion.
4. With regard to the trees in the slope, it is recommended that they be
cut down to prevent future damage to the slope.. The root balls of the
trees should be allowed to remain.
5. Finally, with regard to the rocks protruding from the face of the
slope, it is recommended that the slope be regraded around the rocks
to maintain a maximum pitch of 1.5 horizontal to 1 vertical.
We trust that the above is sufficient for your present requirements. Should
you have any questions, please contact us.
Very truly yours,
McPHAIL ASSOCIATTES, INC.
Ambrose J. Donovan, P.E.
AJD/jrm 2438
. KEVIN T. DALY `<A F LEONARD F. FEMINO
ASSISTANT CITY SOLICITOR - Yr ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET ^''' 93 WASHINGTON .STREET
AND CITY OF SALEM- MASSACHUSETTS . . AND .
ONE CHURCH STREET MICHAEL E. O'B R1EN ONE SCHOOL,STREET
SALEM. MA 01970 CITY SOLICITOR BEVERLY. MA 01915
745-4311 745-4311
93 WASHINGTON STREET
745-0500 921.1990
AND
PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM. MA o197o '-
745.4311
744-3383
PLEASE REPLY TO'SI WASHINGTON STREET
June . 9, .1988
Salem Conservation Commission urs
One Salem Green
Salem, Massachusetts 01970
Re: Clark Avenue, Salem (58,022 sq. ft. )
Assessor' s Map 2 , Lot 40
Gentlemen:
Please be advised that after advertisement and auction
the City of Salem entered into an agreement to sell the above
entitled real estate to David Colpitts. The purchase and
sale agreement was conditioned upon Mr. Colpitts obtaining'
- al-1 necessary permits to constructa single family residence.
on the ,locus . including requisite permits from the Conservation
Commission.
Accordingly, as the real estate has been approved for
sale by both the City Council and Mayor, this office requests
that you act favorably on Mr. Colpitts request.
V ry truly yours
Michael E. O'Brien
City Solicitor
MEO/7P
57431
MWTnM 15, 1985
OF SALMI". aaw aw
CUSTOF',r Cuii!
PWaoRt for lot LO map-2-Clark Ave. COPY-NOT NEGOTIABLE
DaYM Colpitta
I •
08-034-9(3/66) 5-13
O BANK OF NEW ENGLAND, N.A. TI-0
693448
BOSTON, MASs.,August 28 , 19 87
PAY TO City 'of,-Salem $**5. 000• 00******
�y � , ..
—BANK OF—II J I Illim�.'n!o� i:'Ijll IIni1 iwu r `
NEW ENGLAND0
CASHIER'S CHECK
Deposit for lot 40 map-2-Clark Ave HR
David Colpitts
u•69344811' 1:0l 1,0001381,: 424 Lill S000111
Aoprpve9 list as 3iaEJ
Property Suitable :or Auc ion
SintlL-Fainilg
TAX TITLE PROPERTY .
Location aMap
Lot Sq. Ft. Zoning Comments
10 Wyman Drive 2. 37 18,000 R-1 Purchaser wou?d be required to extend roadway and provide
sewer and water to lot, subject to City appr oval.
Clark Avenue 2 40 ' 58,022 R-1 " Considl-rpble Wetland
Purchaser would 5e required to extend roadway and provide
SP:aer and %vales to lot, subject to City approval. - -
CLEAP-TITLE PROPERTY
8Irving Street, 16 278y 8,I G0 R-1 Lot is bu ldabje Joi pursuant to.the By)ar:d of Appeal .
decision o! January 6, 1981f.". .'
10 Phillips Street 76 ' 278 6,360 R-1 i of Is'ba=ldable Iot pursuant`to.,'ine Board of .Appeal
": decision: of jai,.uary 6, M4__
UN C
z �i021Se1'V�'10iY1 CO�T1ril1SS10I1
Salem. Massachusetts 01970
yASSNC�
CITY OF SALEM
CONSERVATION COMMISSION
Will hold a public hearing.-fo_r a Notice of Intent under the
Massachusetts Wetlands Protection 'Act, Mass. G.L. Chapter 131 ,
Section 40, at the request of David Colpitts. The proposal
involves the construction of a single family home and an accessory
building as well as area grading within the buffer zone at 16 Clark
Avenue, Map 2, Lot 40 . The hearing will be held on Thursday, April
8, 1993 at 7 :00 p.m. , One Salem Green, second floor conference
room.
Betsy Horne
Chair
March 31, 1993
This notice posted on "Official BulletinEi �jay
City Hall Ave., Salem, Mass. on ,
,at /o.'� a2 X101 in accordance with hap. 39 Sec.
23A & 23B of M.G.L. /� " "
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780 X41 , 7s
sa les C 5�a k e j ) w�s���� fo,d i ep c
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RICHARD L. VITALI
Attorney at Law
60 ANDREW STREET RECEIVED
LYNN, MASSACHUSETTS 01901
(617) 599-6480 SEP 0 3 N
Fax (617) 599-7955
Salem ma:arairrg UepY.
BY HAND
September 3, 1993
Ms. Debbie Hurlburt
Salem Conservation Commission
One Salem Green
Salem, MA 01970
RE: DAVID COLPITTS
CLARK AVENUE
Dear Ms. Hurlburt:
Mr. Colpitts indicates that he has presented the proposed draft
order of conditions to various real estate attorneys who are counsel
to lending banks in the area lender, and they all tell him that
neither he nor anyone under these conditions could obtain financing.
Mr. Colpitts also says he has talked to prospective buyers for
the land and they, too, would not proceed under the order of
conditions as proposed.
However, Mr. Colpitts has prepared a revised order of conditions,
which is enclosed for you and the commission to review. Were this
revised order to be put in place, Mr. Colpitts says he or a
prospective buyer could obtain financing. Accordingly, we ask the
Commission to implement this order.
Mr. Colpitts, as you know, and as he told your office this week,
has invested considerable time and money into Clark Avenue, and if he
cannot proceed, he is prepared to ask to withdraw his applciation
and/or to seek appropriate relief, including taking legal or other
actions.
All of these matters Mr. Colpitts can address further when we
meet, but I stress again that my client has made it clear that he
must have the revisions.
Ms. Debbie Hurlburt
September 3, 1993
Page 2 of 2
Thank you for your attention and cooperation.
Veryt�l�
R�ARD L. VITALI ESQUIRE
RLV/amb
Enclosure
DRAFT
Notice of Intent (64-214) for "16 Clark Avenue ; " formerly "City"
owned, sold at "City" Public Auction 1987 as "Buildable lot. "
Notice of Intent, dated March 23 , 1993; two page letter from
McPhail Associates (Ambrose J. Donovan) to the Salem Conserva-
tion Commission, dated May 24 , 1993 ; and Proposed Grading Plan,
Clarke Avenue Slope, Figure 1, dated May 24 , 1993 , by McPhail
Associates .
SPECIAL CONDITIONS
1. All work shall conform to the above-referenced Notice of
Intent, Proposed Grading Plan, and McPhail letter (hereafter
referenced as the approved documents) except where they are
contradicted by this Order. Any change made or intended to be
made to the approved documents or this Order shall require the
applicant to inquire of the Commission in writing whether the
change is substantial enough to require the filing of a new
Notice of Intent.
2. In the case of a contradiction between the approved documents ,
and this Order, the language of this Order will prevail.
3. Members and agents of the Commission shall have the right
to enter and inspect the premises at all reasonable times to
evaluate compliance with the conditions in this Order. The
Commission may require the applicant to submit additional data
or information .necessary for the Commission to conduct that
evaluation.
4 . Upon completion of construction, the applicant shall submit,
with the request for a Certificate of Compliance, an affidavit,
prepared by a professional engineer or land surveyor registered
in the Commonwealth of Massachusetts stating that the site has
been developed in accordance with the approved documents and the
/ requirements of this Order.
C 5. This Order shall apply to every successor in control or
successor in interest of the property described in the approved
, documents or part thereof. In the event this land or any part
thereof is proposed to change ownership before or during the
construction period, the applicant shall notify the potential
new owner, by registered mail , of this order prior to the trans-
fer of ownership and shall immediately forward proof of this
notification to the Salem Conservation Commission such that this
proof is received before the transfer of ownership is completed.
2
SEs. For the purposes of this Order, the buffer zone will be
defined as the areal extent of the applicant' s property as
described in the approved documents. The resource area will be
defined as the area immediately downgradient of the existing,
but aged siltation fence on the applicant' s property described
in the approved documents.
/7. Notice shall be given to this Commission no more than two
V weeks nor less than two days prior to commencement of construc-
tion activities . Said notice shall include, in writing, the
name(s) , address (es) , and business and home telephone numbers
of the project supervisor (s) responsible for insuring that
operations are conducted in compliance with this Order.
8. Prior to commencement of construction activity, a siltation
fence .shall be placed downgradient of construction to prevent
siltation of the adjacent wetland. Siltation fence shall be
properly anchored a minimum of six inches below grade. Hand
tools will be used.
9. Siltation fence shall be properly .maintained and kept in
working order until all area up slope of the fence has estab-
lished a permanent vegetative ground cover. In the event of
siltation fence failure, the fence shall be repaired within
twenty-four hours , the Commission shall be notified and any
siltation in the wetland shall be removed to the satisfaction
of the Commission.
10. Additional erosion and sedimentation control measures deemed
necessary by the Commission at any time during construction shall
be instituted immediately by the applicant. Any siltation caused
onto any wetland or waterway area shall be promptly reported to
the Commission. Disturbed areas shall be restored to the
satisfaction of the Commission.
11. Slope regrading activity shall be conducted so as to minimize
the stress on the volume of fill , which could undermine the
integrity of the sedimentation controls. A backhoe will grade
the slope from top of slope. Backhoe's reach will grade slope
to 2-1. A grade steeper than -2-1 at any point along the slope
will be deemed unacceptable.
Once a 2-1 or less steep grade is achieved for the entire
slope, loaming and seeding activities will be done.
12. The plan for lanscaping calls for loam and seed per McPhail
Report. The landscaping, which shall include vegetative ground-
cover on all 2-1 slopes, and maintenance of vegetation, for the
buffer zone.
13. During construction of the proposed house and garage, any
stockpiled debris , fill, or excavated material shall be protected
sufficient .to prevent sediment from surface runoff entering the
resource area.
3
f
14 . Equipment servicing and overnight equipment storage for
the regrading, swale, and catch basin construction, as well as
for the remaining site activities must be conducted outside the
resource area. Equipment must be maintained to prevent leakage
or discharge of pollutants while it is within the buffer zone.
15 . No _spill or discharge of petroleum products or other
pollutants will occur within the resource area or the buffer
zone.
16. Use or storage of rock salt (sodium chloride) or other
toxic de-icing chemicals is prohibited within the buffer zone.
17. All soils disturbed around the house during construction
shall be immediately vegetated upon completion of construction
activities.
18. A hearty variety of a ground cover or grass , to minimize
erosion and sedimentation, shall be planted in. the area of the
buffer zone east of the catch basin (that. is , upgradient of the
slope). The ground cover or grass shall be properly planted
and maintained at all times .
19. Fertilizers used for landscaping and lawn care shall contain
a low nitrogen content and be used in moderation. Pesticides and
herbicides shall not be used within the buffer zone.
��
ASSOCIATES,INC.
Geotechnical Engineers September 10, 1990
J. M. Cashman, Inc.
77 Federal Avenue
Quincy, MA 02169
Attention; Mr. Bruce Wood
Reference: Deer Island; Holton, Massachusetts
Evaluation of Glacial Till Soil Samples
Gentlemen:
In response to your recent request, samples of the on-site natural glacial
till from the Dear Island project site were submitted for chemical analysis
as a check for the absence of common environmental contaminants so that the
glacial till soil could be disposed of off-site as unregulated soil in.'
accordance with current Massachusetts Department of Environmental Protection
and U.S. Environmental Protection 9gency criteria.
In addition, we are also commenting on-the suitability of the glacial till
for re-use as structural fill.
Selection of the specific chemical tests was oriented towards detecting a
broad range of common eavironmental eontaminanta including volatile
organics, pesticides and PCE's, 'heavy metals and petroleum hydrocarbons.
Results of these chemical analyses are eneioaed herewith. Following is a
discussion of these test results.
A. Volatile Organic Chemical Analysis
A aample of the natural glacial till was analyzed for the presence of
volatile organics in accordance with EPA Method 8260 to provide an
indication of the presence Of volatile halocarbons and volatile
aromatics.
Results indicated that the levels of volatile organics in the soil
were below their respective method detection limits.
Hence, it is considered that volatile organics do not have a present
impact or threat of impact on the glacial till soils at the site.
30 Norfolk Street
Cambridge, Massachusetts 02130
617/868-1420
ASSOCIATES,INC September
M. Cashman, Inc.
September i0, 1990
Geotechnical Engineers Paye 2
E. Peaticidea/PCE's Chemical Analysis
A sample of the glacial till was also analyzed for the presence of
pesticides and PCE,a (EPA Method 8080) . Resulta indicated levels
below their respective method detection limits.
Hence, it is considered that Peaticiden and PC61a do not have a
present impact or threat of impact on the glacial till soils at the
site.
C. Heavy Metal Chemical Analysis
Levels of heavy metals (RCRA-8 Metals) in Boil can be analyzed in two
ways: first, by a simpler and lanes expansive "recoverable matnla"
teat referred to as Total Metals, and Second, by the Toxicity Char-
,. actexiatie Leaching Procedure (TCLI') . The RCRA-8 Metals are arsenic,
barium, cadmium, chromium, lead, mercury, selenium and silver.
Recoverable levels approximate the total concentration in the soil
and, as such, include metals that may be found in Boil grains, in
organic matter and as free metal.
The TCLP test measures the "leachability" of heavy metals from soil
and, thus, is more indicative of the potential for release to the
environment.
Soil is considered a hazardous material undeC Massachusetts law if its
heavy metal concentration, as determined from the TCLP teat, exceeds
the maximum concentrations contained in the Federal Regintor Part II,
Environmental Protection Agency (EPA) 40 CFR Part 261 at al. Further,
Massachusetts law has no standard with regard to hazardous levels of
"recoverable" metals in soil.
The results of recoverable metals analyses indicate very low lavele of
arsenic, barium, cadmium, chromium and lead in concentrations of 9.7
mg/kg, 31.1 mg/kg, 3.9 mg/kg, 19.4 mg/kg and 21.4 mg/kg, respectively.
These levels axe typically near the low end of the reported range of
concentrations found naturally in soils in the eastern United Staten.
Results are Pzeaented on Table 1.
The maximum non-hazardous TCLP concentraaions for arsenic, barium,
cadmium, chromium and lead are 5.0 milligrams/liter (mg/L) , 100.0
mg/L, 1.0 mg/L, 5.0 mg/L, and 5.0 mg/L, respectively.
PM
ASSOCIATES INC. J. M. Cashman, Inc.
September 10, 1990
Geotechnical engineers Page 3
Given that soil samples are diluted by a factor of 20 in performing
TCLP Extraction , the corresponding maximum concentrations for the
above metals could only be approximately 0.5 mg/L, 1.5 mg/L, 0.2 mg/L,
1.0 mg/L and 1.0 mg/L, respectively, and hence well within the allow-
able limits. Therefore, it is our opinion that none of the above
metals are present in significantly soluble concentrations.
Hence, heavy metals are considered to not have a present impact or
threat of impact on the soils a_, the project site.
D. Total Petroleum Hydrocarbons by Infra-Red Analysis
A sample of the natural glacial till was analyzed for the presence of
total petroleum hydrocarbon (TPH) concentrations by Infra-Red (IR)
analysis to provide a general indication of the presence of petroleum
products in the natural glacial till soils at the site.
Results indicated a TPH concentration below the method detection limit
of 40 parts per million (ppm) ; hence, the natural soils are not con-
sidered to be impacted by the presence of petroleum product.
The current Department of Environmental Protection action for regulat-
ing off-site disposal of excavated' soil contaminated with total
petroleum hydrocarbons is 100 ppm..
In conclusion, .given that the levels .,of volatile organics, pesticides and
PC131s, and total petroleum hydrocarbons were all below their respective
method detection limits, and that the concentrations in which various heavy
metals were detected are normal background levels, it is our opinion that
excavated natural glacial till from the Deer Island site, as represented by
the samples tested, may be disposed of off-site as unregulated soil in.
accordance with current DEP and EPA criteria.
In regard to the potential re-use ,of the glacial till, it is an excellent
material for structural till when placed and compacted under properly
controlled conditions. Generally, it is a well-graded gravel, jand and silt
(about 35 to 40 percent fines) which is readily compacted at its natural
moisture content to 95 percent of its modified Proctor density (130 to 134
pcf) ; however, it should be used only during dry, non-freer ng condom n:
Further, compaction in lifts is facilitated by aver y low nercentaae of
boulders.
ASS0aATES,INC. J. M. Cashman, Inc.
September 10, 1990
Geotechnical Engineers rage a
We trust that the above is sufficient for your present requirements. Should
YOU have any questions concerning the above, please contact us.
t
Very truly yours,
MCPHAlL ASSOCIATES, INC.
Ambrose J. Donovan
Robert E. McPhail, P.E.
EncloaUre
2301
REM/ajd
ASSC>CIATES,INC.
Geotechnical Engineers April 20, 1993
_ECEViE
Salem Conservation Commission
One Salem Green- MAY 12 1993
Salem,. MA 01970 J
Reference: No.16 Clark Avenue; Salem, Massachusetts Salem irianna,19 Dept.
Ladies and Gentlemen:
. In accordance with your recent request, the following summarizes the propos-
ed ,site improvements at 16 Clark Avenue (Lots 353 and 354) in Salem, Mas-
sachusetts. Included in the proposed site improvements is regrading of the
existing slope along the south side of the property and construction\,of a
single-family residence at the northwest corner of the property.
n
Proposed Slope Grading
The existing slope along the south side of the property varies in pitch from
a minimum of 2.2 horizontal to 1 vertical, to a maximum of 1.65 horizontal
to 1 vertical. Proposed regrading of the slope would provide a maximum
_ pitch of 2 horizontal to 1 vertical along the entire length of the slope to
conform with grading of the slope on adjacent properties. Grade at the top
of the slope would' be pitched away from the face of the slope at a maximum
grade of 4 horizontal to 1 vertical to divert surface water run-off and thus
mitigate surficial erosion of the slope. Existing trees showing signs of
_ distress would be-,removed from the slope. Following regrading, the slope
would be covered with loam and seeded with grass to provide a ground cover
to protect againstsurface erosion. In the course of regrading the slope, a
silt fence would be installed and maintained along the toe of the slope to
prevent siltation of the wetlands below.
Proposed' House
The proposed house which is to be located in the north corner of the prop-
erty consists of a 2-story wood-framed structure with a basement extending
about one-half level below outside finished grade, and an attached two-car
garage. The house will be set back 15 feet 10 inches from the street and 12
feet from the property line to the northwest. At its closest point, which
is the south corner of the garage, the house will be 5 feet from the top of
_ the slope. Foundations supporting the garage would bear on natural dense
glacial till or bedrock, and hence, would not impact fill material present
in the slope.
30 Norfolk Street -
Cambridge,Massachusetts 02139
617/868-1420
617/868-1423 (Fax)
u
R �
ASSOCIATES INC.
Salem Conservation Commission
April 20, 1993
Geotechnical Engineers Page 2
We trust that the above is sufficient for your present requirements. Should
you have any questions, please contact us.
Very truly yours, r
McPHAIL ASSOCIATES, INC. I ,'. BLAH OF fJ
� ODN09wN
No.3b154
Ambrose J. Donovan, P.E. (N!I
O
�lfF�/STE��
AJD/jrnt �srrJNAE FVAL'ea��
2438
Enclosure
xc: Mr. David Colpitts
ASSOCIATES,INC. 3ECEIVE®
Geotechnical Engineers May 24, 1993 MAY 2 7,1993
Salem Conservation Commission Swam i''w"WQ Dept,
One Salem Green
Salem, MA 01970
Reference: No.16 Clark Avenue; Salem, Massachusetts
Ladies and Gentlemen:
In accordance with your recent request, the following summarizes the propos-
ed site improvements at 16 Clark Avenue (Lots 353 and 354) in Salem, Mas-
sachusetts. Included in the proposed site improvements is regrading of the ,
existing slope along the south side of thepropertyand construction of a
single-family residence at the northwest corner of the property.
Proposed Slope Grading
The existing slope along the south side of the property varies in pitch from
a minimum of 2.2 horizontal to 1 vertical, to a maximum of 1.65 horizontal
to 1 vertical. Proposed regrading of the slope would provide a maximum
pitch of 2 horizontal to 1 vertical along the entire length of the slope to
conform with grading of the slope on adjacent properties. Grade at the top
of the slope would be pitched away from the face of the slope at a maximum
grade of 4 horizontal to 1 vertical to divert surface water run-off to a
drainage swale and thus mitigate surficial erosion of the slope. Existing
trees showing signs of distress would be removed from the slope. The
drainage swale would be pitched to drain toward a catch basin from which
waterwould discharge through a 12-inch diameter H.D.P.E. pipe to the
wetlands at the toe of the slope.
Following regrading, the slope would be covered with loam and seeded with
grass to provide a ground cover to protect against surface erosion. In the
course of regrading the slope, a silt fence would be installed and main-
tained along the toe of the slope to prevent siltation of the wetlands
below.
Proposed House
The proposed house which is to be located in the north corner of the prop-
erty consists of a 2-story wood-framed structure with a basement extending
about one-half level below outside finished grade, and an attached two-car
garage. The house will be set back 15 feet 10 inches from the street and. 12
feet from the property line to the northwest.
30 Norfolk Street
Cambridge, Massachusetts 02139
617/868-1420
617/868-1423(Fax)
ASSOCIATES,INC. Salem Conservation Commission
May 24, 1993
Geotechnical Engineers Page 2
At its closest point, which is the south corner of the garage, the house
will be 10 feet from the top of the slope. Foundations supporting the
garage would bear on natural dense glacial till or bedrock, and hence, would
not impact fill material present in the slope. The basement will be provid-
ed with a perimeter drain consisting of a 4-inch diameter perforated PVC
pipe surrounded by 6 inches of 3/4-inch crushed stone and discharging to the
sewer trench on Clark Avenue.
We trust that the above is sufficient for your present requirements. Should
you have any questions, please contact us.
Very truly yours,
McPHAIIIL ASSOCIATES, INC.
Ambrose J. Donovan, P.E. I pSEl OF
AJD/ 'rm AM&ROSE 1. %.
0 DONOVAN
No.36154
2438 ,P CIVIL
4P63F
Enclosure 3'Se SSE
xc: Mr. David Colpitts
ASSOCIATES,INC.
Geotechnical Engineers March 24, 1992
Mr. David Colpitts
P.O. Box 8123
Lynn, MA 01904
Attention: Mr. David Colpitts
Reference: Clark Avenue; Salem, Massachusetts
Stability of Existing Slope
Gentlemen:
In accordance with your recent request, we have completed our assessment of
the existing slope located along the south side of vacant lots numbers 40
and 41 situated on the south side of Clark Avenue in Salem, Massachusetts.
The purpose of this letter is to address concerns raised by the City of
Salem regarding surficial erosion and overall stability of the slope con-
- ---- structed at the above referenced lots. The area adjacent to the toe of the - - -
slope is understood to be designated as a wetland.
It is understood from our discussions with Mr. David Colpitts that the slope
was constructed during the period of May 1988 through September 1990 and
consists of blast rock fill overlain by glacial till imported from Deer
Island. Information provided by Mr. David Colpitts included an existing
conditions plan entitled "Plan of Land Prepared for David Colpitts" by Reid
Land Surveyors and dated April 23, 1991, and a typical cross section through
lot number 40, also prepared by Reid Land Surveyors.
The existing condition plan indicates that the slope ranges in height from
18 to 24 feet, and varies in pitch from a minimum of 2.2 horizontal to 1
vertical, to a maximum of 1.45 horizontal to 1 vertical. The typical cross
section indicates the stages of slope construction. Firstly, blast rock
fill was placed over the original ground up to a maximum thickness of about
16 feet. The blast rock fill was then overlain by glacial till varying in
thickness up to a maximum of about 12 feet.
SITE OBSERVATIONS
A visual inspection of the slope was performed on March 5, 1992 by an
engineer from our office in the presence of Mr. David Colpitts. Our obser-
vations indicated that the surface of the slope consists, in general, of
glacial till, although locally portions of the slope are covered with loam.
30 Noriolk Street -
Camondae.Massachusetts 02139
,;I 969-1»20
E1' 369-1"-231Fax)
.r
Mr. David Colpitts
ASSOCIATES,INC. March 24, 1992
Geotechnical Engineers Page 2
According to Mr. David Colpitts, the slope was seeded in the fall of 1991.
Grass has since started to grow over much of the slope.
Based upon our evaluation of the glacial till material from Deer Island
performed during August 1990, it is considered to be a well-graded mixture
of silt, sand and gravel. In regard to the potential re-use of the glacial
till, it is an excellent material for structural or ordinary fill when
placed and compacted under properly controlled conditions consisting of dry,
non-freezing weather. The glacial till is also considered suitable for use
in construction of slopes, however, it does contain a high percentage of
-....._. .. silt (about 35 ._to 40 ..percent .fines).,,, and%.hence,....is..considered to be sensi- ._ .. _...__ . ._..,. ..
tive to surficial erosion.
Visual observation of the slope indicates the presence of localized evidence
of surface erosion consisting of drainage gullies in the face of the slope.
The drainage gullies were reportedly caused by storm water run-off locally
cresting over the top of the slope and draining down the slope. To prevent
further erosion, a berm has been placed along much of the top of the slope
and the storm water run-off diverted to the west end of the site. In
addition, surface erosion of the slope is also considered to have occurred
as the result of precipitation washing out silt/fines from the glacial till
material.
Finally, we also observed a number of existing trees at various locations
along the slope. The trees pre-dated fill placement for slope construction
and hence, fill material has been placed around the bases of the trees. In
addition, a number of rocks were observed protruding from the face of the
slope.
CONCLUSIONS
It is our opinion, based upon our on-site observations that the slope is in
reasonably good condition with only localized evidence of surface erosion
consisting of drainage gullies in the face of the slope. Based upon the
method of construction of the slope as indicated in the above referenced
cross section, the groundwater level is anticipated to be perched on the
surface on the underlying natural soil, and hence, is not considered a
threat to the stability of the slope. With regard to the trees in the
slope, it is considered that future degradation of the trees may result in
damage to the slope.
In conclusion, based upon our past experience with slopes of similar geomet-
ry constructed of glacial till, this slope is considered to be in an overall
Mr. David Colpitts
ASSOCIATES,INC. March 24, 1992
Geotechnical Engineers Page 3
stable condition, however, some minor regrading should be performed and
surficial erosion protection provided to maintain the slope in a stable
condition.
RECOMMENDATIONS
Based upon our on-site observations and our review of the documents prepared
by Reid Land Surveyors, we recommend the following measures for providing
and maintaining a stable slope.
1. The slope should be graded to a maximum pitch of 1.5 horizontal to 1
vertical.
2. To prevent drainage gullies and hence, surface erosion in the face of
the slope, it is recommended that final site grading include a Contin-
_ uous swale along the top of the slope to divert surface run-off away
from the slope.
3. Given that the slope is constructed of glacial till, it is recommended
that the surface of the slope be provided with a protective covering
of grass as soon as possible. Hydroseed may be the best method of
protection against surface erosion.
4. With regard to the trees in the slope, it is recommended that they be
cut down to prevent future damage to the slope. The root balls of the
trees should be allowed to remain.
5. Finally, with regard to the rocks protruding from the face of the
slope, it is recommended that the slope be regraded around the rocks
to maintain a maximum pitch of 1.5 horizontal to 1 vertical.
We trust that the above is sufficient for your present requirements. Should
you have any questions, please contact us.
Very truly yours,
/McPHAIL ASSOCIATTES, INC.
Ambrose J.J. Donovan, P.E.
AJD/jrm 2438
MUM
r
1
tat man
it
' I
FIFTY YEARS AFTER A
BEVERLY FACTORY
PROCESSED THE
URANIUM FOR THE
FIRST NUCLEAR
WEAPON, RADIOACTIVE
WASTE HAUNTS THE
NORTH SHORE TOWN.
EIGHTY-FOUR-YEAR-OLD H. CARNEY TAYLOR is One Of the
four former employees of the old Metal Hydrides plant in
Beverly who sail live in the Greater Boston area. Today
the factory where Taylor and as many as 100 others
worked during World War 11 turns out chemicals for
Morton International, a major producer of automotive-
safety products and salt. But when Taylor worked there,
he and his co-workers turned out something far more I
mysterious—and destructive. And while Taylor and most
of his co-workers had only the vaguest notions about the
purpose of the strange metallic pellets that they worked
around the clock-to produce, their efforts would change
the world, hurtling us into the age of nuclear war. -I hey
would also change the tidy middle-class neighborhood
beside the Metal Hydrides plant. �+
By Dan Grossman and Seth Shulman
But.n Mig.1ne 55
i
i
In the spring of 1942,
Taylor signed on with
Metal Hydrides for 72 "r TAYLOR RECALLS
cents an hour.Back then,
the facility looked muchky--.+. THAT HIS BOSS
as it does today. Sur- - e -
SG
ronndea by a tail barbed-
TOLD HIM THAT A
wire fence, the compact 'R•,, ,
industrial complex nes- i
ties up against the Bever- ii�s_ - PIECE OF THE
IY barn on a low-lying
promoontory, an eassyy METAL THE SIZE OF
'�'+-`.
walk from downtown. w,
Just above the plant,on a A WALNUT COULD
bedrock ledge, sprawls a
family neighborhood TAKE A SHIP ACROSS
with close rows of shin-
Bled wool-frame housesTHE. OCEAN.
These days the plant 111
appears to operate much
like any other light-in-
dustry factory, but in
1042. Taylor recalls,the place was abuzz with excitement,and Unfortunately for those families who now live in the quiet
with security. A Bock of armed security guards protected the Beverly neighborhood near the plant,some uranium-based by-
site, he says, and FBI agents roamed the complex and the sur- products of the processing efforts were spilled inside and out
rounding area. side the factory. A government investigation in 1988 measured
f the
war effort the lane
hummed radioactivity under some of the foundations to be more than
the urgency o P standards.
v h f
Driven I safety D fy era
Y g tY'
around the clock seven days a week.Workers got no vacations; 10,000 times the levels permuted by e
the factory stayed up and running throughout "fhanksgiving "Our parents and grandparents just wanted to win World War
and Christmas. And nobody—neither the plant's employees 11,"says Teresa Perry,who now heads up the U.S.government's
nor its neighbors—knew exactly what was being made there. promised cleanup of the Beverly site. "They didn't know they
When one worker accidentally breathed arsenic fumes and his were dealing with material that required special knowledge and
urine turned bright red,he was forbidden to see his family doc- control."
o a s- curft -cleared s - Perry is right,of course,in contending that ignorance of the
him t 1�
ad Metal Hydrides sent Y le for the site's
tor. Instead, Y hazards of radiation is responsible environmental h
in
ii ,.ialist in Euston. '
Even today,only a few people know what Metal Hydrides re- contamination.Yet some Beverly residents find a tragic irony
t could find the time and re-
ally manufactured.There is no plaque,no statue,no commem- the fact that a government that
oration of he contribution that Metal Hydrides made to ending sources to amass an arsenal of more than 20,000 nuclear N.
the world's biggest war.Staff members at Beverly's local histori- weapons never managed to clean up its first radioactive messes.
cal society and public library can offer information about witch- tt�creme AGAIN tnsr rnt.t_Workers under con-
' hunts in the late 1690s,but they know little about Beverly's se-
tract with the U.S. Department of Energy
fret rule o the Manhattan Project, the U.S. governments combed the plant with Geiger counters and -
frenzied, top-secret program to build the first atomic bomb.he scooped u 146 soil samples Four years earlier.
(act, if it weren't for the radioactive waste the still litters the plantnei hbars recall,workers hired to rcili me
Metal Hydrides site, Beverly's Manhattan�ra legacy might well he roof f the factory had found it necessary 10
be forgotten. - wear white moon suits for protection from rt"
tr WAS AROUND 1 A.M.on a relatively quiet shift that Taylor—in Bioactivity.
his thirties at the time—asked the company's founder, Peter The sight of moon-suit-dad workers caused '
some alar among residents of the neighbor-
Alexander,what exactly they were making at the plant. Taylor hood adjacent to Morton International, in Bev-
had heard that the product was some kind of special, highly erl s Ward 2, especially those whose homes
flammable metal; workers at the company called it "trialloy." Y
were a short hundred yards upwind of the con-
Taylor recalls that his boss told him, in a hushed aside that stmction work.But the neighbors really started
would stick with him to this day, that a piece of the metal the to worry tut fall,says Ward 2 resident Judy Gillespie,when the '
size of a walnut could take a ship across the ocean. - nY �:
Trialloy was the code name. Months after the war. Taylor Energy Departmenis.workers extended their radiation snoop-
would learn that the strange metal the company was producing ing into people's backyards.
for the U.S. government was pure uranium. Eventually, as "1'm proud of our neighborhood," says Gillespie, acknowl-
used to power edging the role of her community in the effort to build Cllr
Alexander had predicted, uranium would be
ships, submarines, and electric plants. But in 1942, American bomb. "Were not panicking.But we do want to see the cletnup
scientists were working toward a more bellicose end. Metal I IY- proceed safely and properly.After all,it's about time.
dridei product would be used to create the first controlled Ward 2 sits predominantly on the other side of the railroad
atomic chain reaction, in December 1942 at he University of tracks that separate it from the inure fashionable parts of Bevcr-
Chicago--the seminal test of the governmenis nuclear-humb- ly.But lady'Gillespie's neighborhood is a cozy place "iib ""A"
building project. tater, it would Iwconte the deadly fuel inside lots,sea breezes,and many children. Oiiic�i - '
Fat Man, the nuclear bomb that American pilots dropped on face fo;
milies
there with pride hat at least one house !, ilr?nreph911
Nagasaki in August 1945.
`I
! hood—now actually owned by Morton--dates to prerevolu- tial and commercial properties were contaminated with ra-
tionary days. dioactive residues.
The Energy Department's iatest study of the Beverly neigh-
borhood,based on last fall'-samples,will not be released for atES PRICE, DIRECTOR OF THE ENERGY DEPARTMENT'S
least six months, but initial analysis shows contamination that FUSRm
AP (Forerly Utilized Site Remedial Action
will require cleanup in the waters just offshore. In the mean- Program),which oversees the cleanup of 43 prop-
time, however, word of the 1988 study that found hot spots erties in more than a dozen states, says today's
with 10,000 times die amount of radiation allowed by federal standards are so strict that once the cleanup is
safety standards has made its way around the neighborhood. completed,one could build a house at the Beverly
Levels like those in soil would greatly increase the tisk of can. site without fear, farm the land, even sink a well
cer if one were to inhale radioactive dust or eat vegetables or for drinking water.And it is true that standards for
fruits grown in the tainted ground. preventing exposure to dangerous levels of ra-
The Energy Department's Teresa Perry and other agency o(Fi- dioactivity have been steadily lightened and dra-
cials claim that even such elevated levels of radioactivity at the matically revised over the years as research has
site don't present a significant danger to neighboring residents demonstrated the need for greater protection.
because the radiation is "fixed in place." And, says Perry, no Past experience suggests, though, that Price
significant contamination has been found.at least so far,in any would be wise to temper his claims. There is no
Ward 2 yards or buildings off the site—only in the tidal basin guarantee that the department's method of identifying hot
of the Beverly harbor nearest the facility. It would take a major spots—taking samples at regular intervals throughout a sus-
disruption at these sites, such as demolishing the buildings or petted area—may not miss some residues at the Morton plant
excavating the soil,says Perry,to pose a serious threat to neigh- or in the surrounding neighborhood. An overlooked deposit
bors. could come back to haunt the community. That happened in
But excavations and demolitions of neighboring structures Port Hope,Ontario,in 1975,when health officials were forced
are exactly what is planned.One potentially dangerous proposi- to conduct an emergency evacuation of the Saint Mary's
tion has come from the state, which seeks to replace an aging Catholic school. An addition to the school had unwittingly
! bridge across the Beverly harbor that is adjacent to the Morton been built in the sixties on a deposit of radioactive contamina-
International plant. Many residents in the area fear that the tion from the nearby Eldorado radium and uranium refinery,
construction work could release dangerous levels of radioactive which had refined uranium ore for the Manhattan Project.
sediment. Flowers, grass, and trees planted on the site died, and finally,
A greater threat comes from the Energy Department itself. perilous levels of radon were discovered in the school building
Once its current study of the Beverly site is completed,within itself.
the coming year,the agency will begin making plans to remove Across the country, there are dozens of sites like the one in
the contamination. Perry estimates that some 7,000 cubic yards Beverly. Unlike the government's large reservations that pro-
of soil—roughly enough to fill Beverly City Hall,several blocks duced the bulk of the nuclear-weapons arsenal during the Cold
away—will have to be trucked off. The contaminated soil will War,these no-longer-used sites have shifted from their govern-
then be shipped to a disposal facility,although no location for it mens missions or have fallen into disuse entirely. The Beverly
has yet been found. plant,for example,has changed ownership three times since its
If the cleanup team is not careful, radioactive residues that uranium-producing days.
have sat harmlessly for decades under foundations, pavement, Without a permanent disposal site for these vintage radioac-
and turf could be stiffed up and sprinkled throughout the tive wastes, many of which will continue to emit radioactivity
neighborhood. Or waste-laden trucks could spill residues as for millions of years, the U.S. government cleanup program is
they rumbled down Beverly's narrow streets. This occurred in hamstrung.A half century does little to diminish the danger of
St. Louis in the sixties when 100 tons of tailings that had been these compounds,and the U.S. Department of Energy seems to
produced during the Manhattan Project were shipped from one have adopted their geologic timetable in its cleanup process:
suburban location to another.In the process,dozens of residen- only a tiny handful of those waste sites have been cleaned up.
And at many of the sites,
cleanup has consisted of
piling radioactive soil and
other materials into huge
IF THE CLEANUP
plastic-covered mounds
TEAM IS NOT CARE— pending a decision alw°`
their final disposal.
FUL, RADIOACTIVE The d have completesayd it should have tom leted
the nationwide cleanup
RESIDUES COULD
b 2016.B then,the En-
BE STIRRED UP to Department expects
� to have spent approxi-
mately $40 million to
AND SPRINKLED clean up the relatively
small site in Beverly. II
THROUGHOUT THE expects the total cost of
cleaning up these sites as
well as the goYemmenls
NEIGHBORHOOD. nmj„r �, -. fGSBh✓N
tions r3e
$200 hu':�n
58 Mamh 1993
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3
% irrr: 1:1: .t<nIV111) IN It IiVURIN IASL I'At.L. rt15RAP S. K. Derderian
etanpled w make a Ihounigh tnves- (above), former
t.dagg ,ail saniples at the plant and abut- general manager
nng properties, and collecting small amounts of of Metal Hydrides, !
,.dA eti itnents Irom the adjacent harbor in their says the postwar
u.urIt for radioactive residues. Carney Taylor says government cleanup
be could have told them where to look. simply dumped
"I wouldn't even have to go down to the plant to contaminated rubble
idl Ihrm." be says, recalling numerous accidents in the ocean. (Right)
that Ich contamination on the factory's property. The medal given to
It chill,nw bones still." those who helped
i:rvl,a. •.0w became a department supervisor at build the atomic bomb.
met.il I lt,dridrs,got his start working on a piece of
the process in which uranium was leached with dilute acid, re- Thorns Carroll, who worked closely with l aylor and is also
sulting in a fine uranium powder that was extremely in his mit!-eighties, recalls carrying a tray of uranium powder
flammable. Even when packed in cylindrical steel cans, it was down the back steps of the plant. Hallway dowel, lie says, "u
so reactive that, when being transported, the containers had to blew,"blanketing the back of the building with Mame.
be refrigerated with dry ice lest they become red-hot. To pre- –I he good Lord upstairs must have been watching over Tom
vent the product from spontaneously burning up, the uranium Carroll,• he says,because—by chance—he wus wearing a cont-
powder was taken to MIT,where it wa,stamped into briquettes plete suit of protective garb,an outfit that he and others seldom
the size of sugar cubes and then baked to a solid metallic block. used,at least prior to that incident.
Once, Taylor recalls, the sl:tic electricity of an unexpected Between them, f aylor and Girroll can recall many near chs-
thundersturin ignited six cylinders of powder sitting unrefriger- asters, but Soule of the greatest llaZaTI6 they laced were more
ated on the plant floor, creating a raging blaze. The fire, says insidious. Although the uranium fabricated at Metal I lydrides
"Taylor, "wok the cement flour out and left the cylinders stand- was not so radioactive as the 'enriched" uranium produced at
ing on the pipes down below. There was no way in the world the Oak Ridge plant, in Tennessee, or the plutonium made at
you could cot out those cylinders." the Hanford nuclear reservation,in (Continued on page 1.30)
Y 1 Y
Ifmwu Magazine SY
ANDOVF.R'SFINESTNF,WARF.A Beverly
s - Providing a level of caring that
(Continued from page 59) touches patlents Alves Is a phllos-
i, Washington State, the Beverly plant did ophy that hasrflatti6hed through
expose its workers to the radioactive and nine decades 60itwice to the
communitfr. Ov!'pisejiose Is to
chemical hazards of uranium. ensure thee=GOMIdMt 8f!'iix'4yEy1-being
"These workers are in some tragic sense of eactt pptlept;?'Whf1liilli glyn to
I. guinea pigs," Steve Wing, an epidemiolo- our pledge mattttalrt;t t 1 st
�• gist at the University of North Carolina at standasAs,ot iirOtasRE0/ta/lfttt�ln,
medlCip<.;A"s a 24Q-/i<d COttfnly-N
---- Chapel Hill, told a recent gathering in nitylteaehing hosppltat+with an '
"FIElJ)STONF,MF.ADOWS" Roston. Wings address.focused on the emphasl5.oh'whblC/tfC; Br ,attf ,.
The ultimate in style,quality and dangers faced by workers at the Energy diverse s<7•YtC<!`atlQ FFfirttca' ,are"_:
location.,,minutes to Route 93, Take a respected thrylU�llitttllMt�;ilrlt8 , ¢ i`
Department's Oak Ridge facility, but he _ tt.", - a ,
ex
look at one of the most citing new areas might just as well have been talking about - "
being developed by We regularly have a
Metal Hydrides.
Yvon Cormier Constmerion/ 0 rtunities: .
Wing's research, which at press time - Ply -
�, Our model offers almost 4,800sf of living was scheduled to appear in the American 'available In`nursin 11
space with a breathtaking architect �.,4
Journal of Industrial Medicine, found that &allled health.
' designed plan featuring: 10 times more Oak Ridge workers have -
• 2 story marble foyer with circular died from cancer caused by exposure to ra- We offer competitive salaries and
1 staircase• sunken 2 story luting room with dioactivity than had been anticipated. Mel- outstanding benefits, including,
I: fireplace h wall afghacs •rhe "Uhimate" on-site, employee-discounted clay,`',
I' al Hydrides workers have never been stud- care service (subject to availability)
kitchen• huge great room withftreplace led, but data like Wing's offer little and free parking. OualiRed Candi-
!-:. over3cargarage• Istfloor moterw•ith comfort. In another study, due to be pub-
dates, please send your resume
adjoining fireplaced library• dee finest to the address below, or call (6171
finish h details. lished soon, British epidemiologist Alice 979-7007 for more Information.
1. Stewart estimates that hundreds of the na- An equal opportunity employer.
24 fabulous lots to choose from-bring your
s/ Pricesstanat$500,000 hod's atomic-weapons workers have
plansorviewour
p Call fora showing(508)475-2201, had—or will have—their lives cut short by • New England
)� radiation-induced cancer. Will Memorial Hospital
i
N DCCEMRER 1941. AS SCIENTISTS AT THE the staff Ol life
�! Ise No Mal,stet Atwo ec MA•(sps)475-2ml University of Chicago were gearing up .
jl to build the atomic bomb. Princeton
engineer Ed Creutz, who was involved
jwith the Manhattan Project, went to�VIN('I ll'.SrI'I',ll< Arthur Compton, one of the project's lop
physicists. "All 1 need is a lump of urani- Anna Jaques Hospital is a ]$G-
um as big a this," he told Compton, cu bed,community hospital located
'' •st;• g P p- on Boston's scenic and historic
ping his hands as if holding a sphere the north shore. The strength o/that
size of a large orange. history is the foundation o/our
1. '„' At the time,uranium was an exotic met-
future. With pride in our reputa-
1 al with few known uses aside from the tion for outstanding facilities, we
brilliant orange color it imparted to pottery invite you to explore what our
glaze. As it turned out, much more than future offers you.
This 0 room, 4 bedroom, :3.5 Creutz's handful of uranium would be
needed to build the bomb. The first hut-
11,th Colonial has exceptional dle. however, was to snake 19M
uranium pure
appeal and is sited on it gently enough to sustain a nuclear reaction.
curving corner in nn absolute Inp That's where Beverly's Metal Hydrides fit ik
area of town. \'utnerous feahtres in.
incl. master suite svitll both and The uranium Creutz sought came from HEALTH CARE
dressing ronin, step down flag- a rare ore called pitchblende. In order for OPPORTUNITIES
Slone floored summanl, extra I sl titanium to be extracted from It, the pitch- INCLUDING NURSINO AND PHYSICAL THERAPY
Mende had to be milled, purified, and
floor bedroom onu- cur noun off ro
' 1 chemically processed.Ore for the Manhat- We offer competitive salaries, a
'i w/full bulb, very special paneled tan Project came from a mine in Aftica and wonderful work environment, and a
fireplaced rec. nil w/bar anti bil- from die Great Rear Lake mine,.in Cana- comprehensive benefits program.
If would like more information. please
liard nn. nwch more. $480'N dac Northwest Territories. It was treated contact lean Nopolitano. Employment
first in the Port Hope mill on the Canadian Manager, at (508)463-10.38, or forward
ANN BLACKHAM shore of Like Ontario, and from there it your resume to the address below.
t &COMPANY, INC. was shipped to the Mallinckrodt Chemical
We arson equal opponnnity entptrryer.
i REALTORS Works in St. Louis,where impurities were
f removed, Finally, Metal Hydrides was Anna Ja hes Hospital
t ICstnhlished 1968called on uI tum the compound uranium
'I 1111 N11'St)�tills F.h�1, \\l\cI1PSfhat oxide that Mallinckrodt supplied into pure n/ elVPi(T1fl'1"
-7<` uranium metal. l ll
- t 1(103 By the spring of 1942, scientists at the
ZO Nr6NlANr1 AYINVR.N6YrlV R1Po':'
130 Marrh)991
:ate
I II 1 111 1 W t ILI i�;
a re-
...
The Fine Art
I., .,ic could not be built
M00'1)koldsjl uranium. It also
10ki"lly'six toils of pure uranium of Landscaping
Production of uranium metal was diffi-
alt, because uranium bonds easily w,ill
11,11o, 40111111011 elements, such as oxygim, Cornmervial mid Residential
1111 and carbon, forming unwanted - Driveway Paving - Complete Rental
_a Jklixtules. Using a method in- - lArids,aille Design front Equipment
tal Hydrides founder Alexan- Planning to Planting - Sprinkler Systems
thirties, the Beverly plant - Lawn and Ground Care - Retrainer Walls and
I In the country caps-
. tike Brick&Stone Walls Drainage
like mewl in the quantities - Hydroseeding
I;" UX1wrlincet.
s process was similar to minty
Uranium that had beer.
:1))oct'Nsed in Beverly was 508-879-7227 Iffil
t ansnitited into plutonium 1-800-447-4847
fin file Fat Man bomb. New landscape construction for Residential & Commercial Properties
11 P.O. Box 4847 Framingham, MA 01701
1,, ipcb nn i he French Chef"—if you -
,ili,alotic UIZIFIRell lot flour: Mix uranium
"Xick: anti ju,wdered calcium hydride in a
'lecl drum for half an hour. Bake in oven
.it 18LK) degrees. When cool, leach with
dilute acid. Dthe resulting powder. I h
By September 1942,Mewl
tal Hydrides was eMacDoweff
producing 200 pounds of uranium metal
per d.IV And [lie first self-sustaining atom- Company
icjcuon was conducted successfully
III,, iI,, months later. Eventually, some AW
111- 111JULUTH produced in Beverly would
aw,uamd nuo plutonium and used in
i�I-izi when Metal Hydrides stopped We are pleased to announce 11kc opellior-1 of our new
'Uj)I)IYIHg uranium for the atomic-
weapons program, the Atomic Energy landsc-'ape archileclural ol'fivc ill Wesloo :vIller,
Commission, which took over from the Nlassachilsetts.
Manhattan Project, conducted its first en-
vironmental survey of the Beverly site. Af-
ter discovering radioactive contamination We are also pleased to aniloollce the addition of
in two of the facility's plants, the commis- l-'lqjoto oto* siall'. Nlr. Pupil- '.
cion recommended that tainted surfaces be n. in'
sandblasted,that certain concrete floors be it Registered Landscape Architect, and a fol-Iner
removed,and that various pieces of tainted principal with the fine ill 01111sled Ass06111CS, has
equipment be disposed of. i nany years (if'experience kcc i i I I I le hold o I' I aj n1sca pe
File Department Of Energy, which has
authority over the nuclear weapons pro-
gram today, has no records of what hap-
pened next. But S. K. Derderian, who was
an analytical chemist at Metal Hydrides
during the war,says he remembers. Del de- Aih
rian,69,who now practices law in Beverly,
worked at Metal Hydrides for 36 years, 6 17/899-9393
eventually becoming the company's vice
tbstun Meg.zini, 131
' Beverly i
i
president and general manager. The One view of the big picture is offered by
Cleanup recommended by the government Perry's boss, Les Price. "We're Irving to
i- did take place, he says, and the contami- come up with an answer that a lot of peo-
nated nibble was simply dumped into the ple can live with," Price says when asked
ocean. why progress toward the cleanup has been
j' Derdenan says that Captain George Per- so slow. "You just can't do that quickly." 1
.,../ ry,a local boat operator, hauled the waste fie says the decisions are not easy and his
i' out to sea in steel drums, shooting them governmental mandate is to be thorough, E
I! full of holes to ensure a swift journey to not fast. His program runs at a "methodi- f
the bottom. "1 used to give him a steak cal pace," Price says,"that does not lend it-
dinner afterward,"says Derderian. self to rapid decision making." )
�!. Perry was hired by the federal govern- One of Price's main obstacles is money, 1
!: ment and private firms to haul radioactive or lack of money. In its 18 years of opera-
waste out to sea for more than a dozen tion, his program has spent $230 million.
I' years after the war, until 1959, when the Price says he hopes to secure a sustained t
l! federalgovernment banned the practice. level of funding of$100 million annually j
Back then, Derderian says,ocean dumping for the next 10 to 15 years—a tall order in j
{� was the accepted way of disposing of un- today's penny-pinching economic climate. i
wanted waste, He says the Coast Guard Another problem is that no permanent !
I' and the Army Corps of Engineers ap- disposal sites have been found. At placest
j ] proved of Perry's activities. The Depart- like St. Louis and Beverly, it is still not
1C�S1711 the If they ever are completed,.the repositories Gj
1 of nuclear waste will be toxic monuments to
Ioma«. �,•.�. World War II, emitting nuclear radiation for
thousands and thousands of years.
9 IMemoneme Cain.Comma.MA 01 r.2
�i
ISM 2n_wea
^.,...: 10..,a.are 5:310 p.,n. Energy reports Trent of Ener that more than clear whether the wastes will be buried
rare..saa.
4,000 barrels of radioactive waste were where they are or shipped to some central-
dumped into Massachusetts Bay during ized dump site.
'.
the fifties. If nice is granted the budget he needs i
l
Boston's Although a recent study by the EPA did and a place is found to pile the soil {
find elevated levels of strontium 90, a ta- scrapped from the contaminated sites he i
Best Kept dioactive isotope, in the bay's sediments, oversees, the final chapter of the Manhat-
Secret David Tomey,an aquatic biologist with the tan Project will be closed sometime after
-j agency, insists that there is no danger to the Into of the millennium. When corn-
' public health. Some critics, among them pleted, these repositories will he text C
i; THE Sheila Lynch, president of the environ- monuments to World War 11, emitting ra-
;; !Cg-RISTIAN mental advocacy group Save the Harbor, dioactivity for thousands of years—per-
SC11ENClE Save the Bay, contend that the EPA has haps even long after the war itself has been
never done a thorough search of the area forgotten.
MONITOR. used by Perry. Lynch believes that the EPA For now,no one knows where Beverly's
team misread nautical charts and searched own memorial to the Manhattan Project
Find out for yourself why for radioactive waste in the wrong place. will sit, but one thing remains clear: a ra-
the Monitor is read by Torrey denies that charge. dioactive monument is not how Tavlor
more people outside of The Department of Energy's Teresa Per- and his co-workers imagined their labors
New England than a6 of ry (no relation to Captain Perry), who would be remembered. Shortly after the
oversees the the cleanup at Beverly, says she end of World War II, General Leslie
Boston's other newspapers knows nothing about the ocean dumping. Groves, military head of the Manhattan
put together. Based on the studies she has seen, says Project,presented Metal Hydrides workers
Covering national and inter- Pcrrv, "there is no reason to expect there is ' with silver medals about the size of a nick-
national dumped off the coast." el, emblazoned with a capital A for their
na000al ISSUI_'5 and CVCOtS fx P
with insight, objectivity anti atomic efforts.
Clarity. Published Monday csr YEAR, MORTON INTFRNAriONAi. Proud of his labors to this day, Derderi-
T announced its plan to close up shop an prollers a glimpse ni his medal. I ook at
through Fritl:nc Lin Beverly in 1994, and neighbors the bright side, he suggests with a slight
i Order now and get three like ludy Gillespie arc waiting anxiously to smile. "Mavite our generation and the gen-
!1 months for only $21.97. see what will happen at the vacated hacili- oration that followed it made a mess. but
-f ty. Hae dangers are probably not life- they ctcated opportunities for succeeding
Call 1.800-243-9222 threatening in an immediate sense, but generations to clean it up."❑
Ilie Christian Science Mrmiwr they are worrisome. And there are few as-
I (Inc Norway Street. I'-ilM)(ftbf) surances that the cleanup job will be done Rcseanh for this article was suppnrtrd by Ilse
K,sfon-AIA 02115 safely or in a timely fashion. Dick Goldensohn fund.
172 March 1991
i i'
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DA V/D 8 PAULA COL P/TTS L ANOMARK ENG/NEER/NG 8
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/CERT/FY THAT THIS PLAN CONFORMS TD THE /7 MANN/NG RD. SURVEY/NG, INCMASS. 5B3 CHESTNUT S T.
RULES AND REG ULA TIONS OF THE REGIS TRY OF DEEDS, LYNN, LYNN, MASS.
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— EX/ST/NG RIGHT SIDELINE
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SAL EM PL ANN/NG 60A 19D DA TE
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P 4 a o. 9234 C
NOT TO SCALE DA V/D 8 PAUL A COL P/T TS L AWMA RK ENG/NEER/NG 8
/ CERT/FY THA T THIS PLAN CONFORMS TO THE /7 MANN/NG RD. SURVEY/NG, INC
RULES AND REGULA TIONS OF THE REGISTRY OF DEEDS L YNN, MASS. 583 CHES TNUT S T.
L YNN, MASS.
0 /0 20 40 60 80