96 HIGHLAND AVENUE - CONSERVATION COMMISSION (2) 96 Highland Ave.
I
r
II
�G Q
$0
Form 2._,
DEOE Fle No.
(To be provided by DEOE)
Salem
r7]_
Commonwealth - Cttyrrowri
_ of Massachusetts Stamski & McNary, Acton
Determination of Applicability-.:. .
Massachusetts Wetlands Protection Act, G.L c. 131, §40
From
Salem Conservation Commission Issuing Authority
_
Stameki _ ( )• �°
Ta Mr < .BruceeMs Mr. Ronald J. Gauthier
(Name of person making request) Name of property owner
p� aq'< 164 Great Road. Acton Address 96 Highland Avenue . Ralpm
This determination is issued and delivered as follows: _.
Q by hand delivery to person making request on
date)
M by certified mal,return receipt requested on Mar. 10, 1986 (date)
Pursuant to the authority of aL a 131, §40.the Salm Cion cp a*4nn Cnmmizzj^^
has considered your request for a Determination of Applicability and its supporting documentation,and has
made the following determination(check whichever is applicable):
This Determination is positive:
1, Q The area described below,which includes all/part of the area described in your request, s an Area
Subject to Protcotion Under the Act.Therefore, any removing,filling, dredging or altering of that
area requires the fling of a Notice of Intent
2. ❑ The work described below;which includes alilparl of the work described fnYour request, is within
an Area Subject to Protection Under the Act and will remove,fill,dredge or altecfhat area Thele
film of a Notice of Intent.
fore, said work requires the g
2-1
r Qi
V1
3. ❑ The work described below,which includes all/part of the work described in your request;is within
the Buffer Zone as defined in the regulations, and will after an Area Subject to Protection Under
the Act.Therefore, said work requires the filing of a Notice of Intent.
This Determination is negative:
1. Fat The area described in your request is not an Area Subject to Protection Under the ACL
All inappropriate materials shall be removed from the site; any new fill shall be
2- ❑ The work described in your request is within an Area Subject to Protection Under the Act,but will clean.
not remove, fill,dredge, or alter that area.Therefore, said work does not require the filing of a
Notice of Intent-
2. ❑ The work described in your request is within the Buffer Zone,as defined in the regulations, but will
not alter an Area Subject to Protection Under the Act Therefore,said work does not require the
firing of a Notice of Intent
The area described in our request is Subject to Protection Under the Act but since the work
4. ❑ Y
described therein meets the requirements for the following exemption,as specified in the Act and'
the regulations, no Notice of Intent is required:
Salem
Issued by Conservation Commission.
I
Signatures)
This Determination must be signed by a majority of the Conservation Commission.
27th February 9 86 before me
On this day of
personally appear the above-named _, to me known to be the
person described in, and who executed,the foregoing instrument, and acknowledged that he/she executed
the same as his/her4Tee ac and deed.
9-9-88
Notary Pubfiic My commission expires
i
This Doimnitiw does not relieve the applicant from complying with all other applicable federal,state or local statutes,ordinances,
by-Iowa or rsg'ulabons.This Determination shall be valid for three years form the date of issuance. -
" The applicant,the owner,any person aggrieved by this Determination,any owner of land abutting the land upon which the proposed
work is to be done,or any ten residents of the city or:own in which such land is located,are hereby notified of their right to request the
Department of Environmental Quality Engineering to issue a Superseding Determination of Applicability,providing the request is made
by certified mail or hand delivery to the Department within ten days from the date of issuance of this Determination.A copy of the request
shall at the same time be sent by certified mail or hand celivery to the Conservation commission and the applicant.
2.2A
^,BION Cp�� ,
Z Conservati 21 COiY21missim
Salem. Massachusetts 01970
W
AssACa�y .
CITY OF SALEM
CONSERVATION COMMISSION
At a regular meeting of the Conservation Commisison to be held on Thursday,
February 13, 1986, at 7 :30 p.m. , a Determination of Applicability of the
Wetlands Protection act (Mass. G.L. , Chap. 131 , Section 40) on the proposal
of Charterhouse Development Corporation to construct a two-story office
building at 96 Highland Ave. will be made. This meeting will be held at One
Salem Green, second floor conference room.
Philip D. Moran
Chairman
Feb. 8 .
CONSULTING ENVIRONMENTAL SCIENTISTS
6 MAPLE ST. - P.O. BOX 7BO, NORTHBOROUGH, MA 01532
Inc. (617) 393-8558/B90-2130 -
February 3, 1986 STAMS-25
Mr. Bruce Stamski , P.E.
Stamski and McNary, Inc.
164 Great Road
Acton, Massachusetts 01720
RE: Highland Avenue Site, Salem, Massachusetts
Dear Mr. Stamski :
Per your request, on December 12, 1985, IEP made a site visit to the parcel
situated between Colby and Almeda Streets on the west side of Highland
Avenue in Salem. The purpose of the visit was to identify the presence of
any wetland resource area on the site, as defined in the Regulations to the
Massachusetts Wetlands Protection Act (310 CMR 10.00) . In particular, an
assessment of the depression located in the southern part of the site was
required to determine its statutory classification per the Regulations, and
subsequently the performance standards required to be met for activities
proposed within it.
Initially, the plant community existing within the depression was examined
to determine whether or not it is composed of a significant proportion of
wetland-indicative species. The depression consists predominantly of mesic-
faculative species typical of disturbed areas and not necessarily indicative
of wetland conditions. The more common species identified include: tatarian
honeysuckle (Lonicera tatarica), box elder (Acer negundo) , gray birch
(Betula populifolia) , multi-flora rose (Rosa multiflora), buckthorn
(Rhamnus cathartica) , knotweed (Polygonum cuspidatum), elm (U1mus
americana) , goldenrod (Solidago sp.) , dock (Rumex crispus), and
bittersweet (Celastrus scandens) . Several cattails (Typha latifolia),
an obligate wetland species, were growing in the southeastern part of the
depression. On balance, however, the area does not support a wetland plant
community. In many cases, streams or ditches support the growth of wetland
emergents such as cattails, yet their proper statutory classification is as
Land Under Water, rather than as Bordering Vegetated Wetland. In any event,
the small number of wetland plants observed here is not sufficient to
classify it as a wetland plant community.
On the day of IEP's site visit, there was a narrow band of shallow water
ponded in the southeast part of the depression. A check of up-gradient
BRANCH OFFICES: WORTHINGTON,OHIO BARNSTABLE. MASSACHUSETTS
iEPnc.
areas, particularly the pond west of the site, indicates that there is
probably a hydrologic connection between the pond and the depression via an
8" concrete pipe. While the culvert outlet from the pond is observable,
past filling has obscured its downstream end, and no defined stream channel
occurs through the entire depression. Intuitively, however, the depression
functions during certain runoff events to transmit overflow water from the
pond to the storm-drain system. As a technicality, because of
discontinuities in the stream, particularly near Highland Avenue where past
fill has isolated the outlet culvert from the main body of the depression,
the area may not meet the statutory definition of Land Under A Water Way.
As such, the area may be considered as Isolated Land Subject to Flooding if
it contains the required storage volume to meet the definition of that
resource area.
The intent of the Wetland Regulations is to identify and protect wetland
functions. Regardless of the technicality in classifying this depression
as either Land Under a Waterway or as Isolated Land Subject to Flooding, it
is clear that its function is limited to hydraulic or hydrologic interest.
The Regulations allow, for example, for culverting or piping of a "stream"
of this nature provided the carrying capacity of the pipe is sufficient.
Similarly, activities may occur in Land Subject to Flooding of this type
provided that the flood storage capacity of the site is not diminished.
Engineering designs, such as that proposed by Stamski and McNary in their
site plan of 15 January 1986, which documents that flood storage capacity
and runoff volumes and rates will be maintained after the proposed -
development, are typical of structural approaches to meeting the
requirements of the Regulations, and are entirely consistent with the
performance standards of 310 CMR 10.00.
If you or the Salem Conservation Commission have any questions concerning
this site, please feel free to contact me.
Sincerely,
IEPq, Inc.
Dennis J. Lowry �J
Senior Biologist
DJL/jac
CC_
"78 r.3 6 i986
SALE�:� PLNiV iiiV DEPT.
Farm 1
OEOEFioNo.
(To be a by WQFJ
r CRYIT~ Salem
offMassachusetts AWkWK Charterhouse Dev. Corp.
Request for a Determination of Applicability
1 Massachusetts Wetlands Protection Act,G.L c.131, X40
1 1. 1,the undersigned.herobyrequest lid the Salem Conservation Commission
Corawrvatlon Commission make a determinaflon as to whether the area,described below.or work to be
performed an sold area,also described below.to aubloct to the jurtedtethom of the wetlands Protection
Act,4L c.131.W.
2. The area Is described as follows.(Use maps or plans,H necessary.to provide a description and the
location of the area subject to this request.)
The site is located on the west side of Highland Avenpe
between Colby Street and Almeda Street . There is- presently a
24 .inch concrete pipe on .the site which is connected to the
city's drainage system. This pipe is presently used to drain
a depression on the southwest side of the site and the area
that drains to it .
3. The work in said area is described below.(Use additional paper,It necessary.to describe the
' proposed work.)
The proposal is to constri.ict a two (2) story off .ci tiGiIdi.ng �
in the northwest corner of the property . This proposed
office building will. have a total area of 4,788 square feet .
Included in this proposal is a paved parking area consisting
of 54 standard . and 3 handicapped parking spaces. This
parking area will be used to detain runoff which is presently
detained in the depression within the site. The proposed
-site will have more flood storage than the existing site. -
The peat:: runoff off the site will be slightly less than the
existing site (See report and plan for additional
information) ,
1-1
79 )
--4. The owner(s)of the area,it of a person making this request,hes been given written notification of this {
request on__.- q •(date)
The names)and addreaa(es)oi the owner(a):
t
`
Ronald- J. Gauthier
126 New Balch Street
Beverly, MA 01915
_ l
,
G. I have fled a complete copy of this request with the appropriate regior)al office of the Massachusetts
Department of Environmental Quality Engineering on (date)
Northeast Southeast
323 New Boston Street Lakeville Hospital
Woburn,MA 01801 Lakeville,MA 02348
Central Western
75 Grove Street Public Health Center .
Worcester,MA 01805 University of Massachusetts
Amherst,MA 01003
8. 1 understand that notification of this request will be placed in a local newspaper at my expense In accor-
dance with Section 10.05(3)(b)1 of the regulations by the Conservation Commission and that I will be
billed accordingly.
. 477Gce�•S�tims�.f -
Sigrrehue //��� ' Name 9� ms ki'Z Pr-buy -+'t,_,- 1
Address IIoy CJfPe� , a� Pa. Tel. 2ro3—BS& S
1-2
z m
rVartmrnt of Publir Wori:s
(Pur _*ttlrm Green
ANTHONY V. FLETCHER, R.P.E. WILLIAM F. HAIGHT, JR.
DIRECTOR OF PUBLIC SERVICES ASSISTANT DIRECTOR OF PUBLIC SERVICES
CITY ENGINEER
January 20, 1983
TO: CONSERVATION COMMISSION
FROM: A. V. FLETCHER
SUBJECT: SUNOCO STATION, HIGHLAND AVENUE/GAUTHIER
Your meeting minutes of 9 December 1982:
Remedial drainage work was done at the Highland Avenue/Almeda Street drain specifically
at the request of Mr. Gauthier, who complained of excess ponding and excessive run-off
from the Colby Street area. -- This Department researched the entire drainage pattern for
this area in response to the original Gauthier complaint, construction of a proposed
parking lot on the South side of Colby Street, and a medical building on the North side
of Colby Street. It was determined that a natural water way has existed here since the
settlement of Salem. The present culvert, enlarged and rebuilt by the State in 1962, is
the receptor for several hundred acres - an area North of Colby, West of Highland Avenue,
(including approximately 700 L.F. of Highland Avenue) , South of Colby Street and Almeda
Street, and acts as an overflow for the Colby Street pond area. This waterway must be
maintained. Obviously, the amount of water this swale handles varies with season and
rainfall , therefore what water might exist at any one time cannot be considered as annual
or total runoff.
hir. Gauthier did not "lose" any of his property. Prior to construction, the Swale
was over groom with second Growth, bushes and weeds and soma three to four feet of viashed
out fines. This material , at his request, was given to Mr. Gauthier, and placed in an
area North of the swale, for his use in accommodating grade changes to improve his pro—
perty.
This department has no intention of piping the swale, and Mr. Gauthier has been
advised that he must file and present plans before any consideration can be given to
his proposal . fie was also advised that he would be liable for all maintenance on any
proposed drainage system.
Since I have reviewed this property three times in the past three years, I see no
reason to make another review.
104
Form 9' DEOE File No.
(To be provided by DEQE)
Commonwealth City/Town
.of Massachusetts Applioxnt
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Salem 9ssuing Authority
To 100 Highland Ave Realty Trust
Date of Issuance January 29, 1937
Property lot/parcel number,address 100 Highland Ave
Extent and type of.activity:
Improper fill material being used on land subject to flooding, under
the jurisdiction of the Conservation Commission.
The ' Salem Conservation Commission has determined that the activity described
above is in violation of the Wetlands Protection Act,G.L C. 131, W,and the Regulations promulgated pur-
suant thereto 310ICMR 10.00,because:
❑ Said activity has been/is being conducted without a valid Order of Conditions.
1R�etermi.nation
* said activity has been/is being conducted in violation of EM Ar9ee efGendi6oPf"s issued to
dated Fphiinrg 97^JOSE
File number Condition number(s)
❑ Other(specify)
A violation of an order of a Determination
The Salem Conservation Commission hereby orders the following:
The property owner, his agents, permittees and all others shall immediately cease and desist from further
activity affecting the wetland portion of this property.
❑ Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
9-1
1(3.5
ID •Completed application fortes and plans as required by the Act and Regulations shall be filed with the
on or before (date),
and no further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. Application forms are available at:
p The property owner shall take every reasonable step to prevent further violations of the act.
Other(specify)
The Commission hereby requests that you attend their next regularly
schedualed meeting on Thursday January 29, 1987 at 7:30 Pm to discuss
the activity that has taken place and how you intend to resolve it.
i
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap-
ter 131,Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine of not more
than one thousand dollars or by imprisonment for not more than six months or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Philip Moran, Chairman 745-6085
Questions regarding this Enforcement Order should be directed to: Rebecca L. Curran, Aide 744-4580
Issued by Salem Conservation Commission
Signature(s)
r�
(Signature of-delivery person
or certified mail number)
9-2