Loading...
96 HIGHLAND AVENUE - CONSERVATION COMMISSION 96 Highland Ave. r ,y.CJvr,,,�, CITY C N .A ® A SALEM e. .r" In City Council w% - Ordered: That the Conservation Commission meet with the proprietor of the Sunoco Station, Mr. Ronald Gauthier, 94-96 Highland Avenue, relative to problems he is having with the brook on his property. AND BE IT FURTHER ORDERED: That they report back their findings in writing to the City Council by the June 23 meeting. In City Council May 26, 1983 Adopted _ Returned unsigned by the Mayor on May 31, 1983 Ai ST: JOSEPHI1%FE R. FUSCO My CLERK 5 ' Conservation Commission Salem, Massachusetts 01970 Telephone (6171745-5056 June 24, 1982 M.r. Ronald Gauthier 126 New Balch Street Beverly, MA . 01915 Dear Mr. Gauthier: Enclosed please find your Determination for the addition you propose to build on your property at 96 Highland Avenue, Salem, MA . The Commission has determined that the area shown on your plan entitled "Proposed Addition to be built at 96 Highland Avenue, Salem, " dated October 10 1981, is subject to the Wetlands Protection Act,. but the work is not dredging, re- moving, filling, or altering, and therefore a Notice of Intent is not required. However, the Commission voted to add a proviso to this Determination which requires that the fill now being stored on the embankment be removed by August-10 1982• If there is any further information or help you may need regarding this matter, please do not hesitate to contact either myself or any Commission member. Sincerely yours, Susan Madison Conservation/Planning Aide SM/dey - - Enclosure FORM 2' { COMMONWEALTH OF MASSACHUSETTS CDETERMINATION OF APPLICABILITY OF THE WETLAND PROTECTION ACT G.L. C.131 s. 40 To: Mr. Ronald J. Gauthier DATE: - 126 New Balch Street, Beverly, MA. June 24, 1982 Pursuant to the authority of G.L. C.131 s.40, the Salem Conservation Commission has considered your request for a determination of applicability together with the plans submitted with it and has made the following determination: 1. [ J The area shown on the plans isnot subject to the Act. 2. [ ] The entire area shown on the plans is subject to the Act and shall require a filing of the Notice of Intent. 3. [ ] Only the area described below is subject to the Act and shall require a filing of the Notice of Intent: 4. [x-]' The area shown on the plans is subject to the Act but the proposed work is not dredging, filling, removing, or altering, and there- fore a Notice of Intent is not required. See proviso in at- tached letter. S. The determination that the work is not subject to the Act shall expire within one (1) year from the date herein. 6. This determination does not relieve the person requesting the determina- tion from complying with all other applicable federal, state. or local statutes, ordinances, by-laws, and/or regulations. 7. Failure to comply with this determination and with all related statutes and other regulatory measures shall be deemed cause to revoke or modify the said determination. 8. No work may be commenced under this determination untilppeal oda haveselapsed. /. . a - --- ISSUED BY SEM QONSERVA1TZOI COMfISSI � c Where the Department o Environmenta Qua ity ngineering issues a ne ative superseding determination, you are hereby notified of your right to a formal hearing provided it is made within ten (10) days from the date of the super- seding determination of the Department of Environmental Quality Engineering. Minutes of Meeting--August 27, 1981 Page 2 FIORE Mr. Moran reported that he had located Mr. Nicholas Fiore , Sr. in Florida and a copy of the Cease and Desist order served to his son on August 6, 1981, has been sent to him Certified Return Receipt. There has , however, been further movement on the property so it is evident the Cease and Desist is being ignored. Mr. Lavender made a motion to seek injunctive relief against Mr. Nicholas Fiore , Sr. The motion was seconded by David DeVoe . It was so voted. Susan Madison will bring Tony Fletcher and Villian Quinn together to move on this matter immediately. SUNOCO--HIGHLANI D AVENUE There has been dumping behind the Sunoco station on the corner of Colby Street and Highland Avenue . The owner of the station has had considerable problems in the past due to improper cul- verting of the brook there when the physicians' offices were built. There has been a cave-in of the hot top of his station and he fears there will be another. He plans to get engineering draw- ings to charge the flow of the brook so that it doesn't drain under his station. It was decided to "wait and see" regarding this matter and keep the area under close observation. MiOOSE LODGE--HIGHLAND AVENUE DEQE, Raymond Lavender and Philip Moran viewed the property again and it was clear that the Lodge wants to hire a consultant to help decide the best feasible use of the property. They want to fill in the whole valley and culvert the brook (Forest River) . They are willing to move what fill is near the slope , however. ir. DeVoe commented that Tony Fletcher had wanted toculvertthere several years ago and the cost was exhorbitant. er ., +;. surprise) rzco.amended fly ash _.� Lav said .,,_at ���-".� ( ;v :1. .t: � ) i'rorn the power Plant could be used as good Iili. i"r3 F—:erch questioned whethar this was a hazardous waste . Mr. Moran�sa'id that dust was the biggest problem and that NEPCO would probably pay someone to be able to dump fly ash there . Brian French requested that a letter be sent to the Moose Lodge requesting them to move the fill back away from the slope and put a tarpaulin over it. The letter should also include a state- ment to the effect that it is against the Conservation commission's management plan for the Forest River to culvert it . '- Conservation Commission l Salem, Massachusetts 01970 �s� 5 Telephone (617) 745-5056 MINUTES OF MEETING June 24, 1982 The Commission met at One Salem Green, Third Floor, on June 24, 1982. Present were David DeVoe , Raymond Lavender, Christopher Hagger, Paul Willis, Alice Akatyszewski, and Glenn Yale. Philip Moran was absent. Vice-Chairman Glenn Yale called the meeting to order at 8:08 p.m. Upon the motion of David DeVoe and second of Raymond Lavender, the minutes of May 13 , May 27 , and June 10 were approved with the June 10 minutes being amended to include the signing of the Order of Conditions for P. Clayman & Sons. It was so voted. 96 HIGHLAND AVENUE This property had been inspected by the Commission members and there were tv, problems to be discussed this evening. The first was the excavation being done there and the storage of the fill on the embankment of the brook , and the second was the desire of the owners to construct an addition to their service station which would encroach on the buffer zone . The owners , Mr. and Mrs. Ronald- Gauthier were present to discuss the situation. Mr. Gauthier- had expressed some concerns as to the drainage problems on his property to the City Engineer. Upon excavation to check the culvert, it was found no culvert existed, only a french drain and large head wALl. The fill from the excavation is now being stored on the embankment of the brook abutting Mr. Gauthier' s property to avoid potential safety problems on Highland. Avenue and Almeda Road. Mr. Gauthier felt at present the water was be- ing handled well, but. to insure that no future problems arise it was suggested by Mr. Mackey that debris be cleaned out of the drain and a pipe be placed. He felt that while the proper equp- ment was on site it would be a good idea. Mr. Gauthier agreed this was a good idea, realized a permit was needed, but assumed It was an extension of the City' s work . - Susan Madison stated that Mr. Mackey' s suggestion was denied be- cause there was no permit, but if the Gauthiers wished to extend the pipe at their own expense , they could come in for a permit. Mr. Gauthier felt he would address that problem at a later date and perhaps include some filling at that time as well. Chris Hagger asked about the status of the fill on the property. Mr. Gauthier stated it would be moved as soon as the City work was completed. Chris Hagger asked how long this would take and Mr. Gauthier replied he had no idea. Glenn Yale o_uestioned Mr. Gauthi(::r' s plan for the area. Mr. Gauthier replied he wished to extend the pipe and level off the land by filling. Glenn Yale stated that anything furrher done on the site would require complete plans . Paul Willis added that an engineering survey needed to be done . Minutes of Meeting--June 24, 1982 Page 2 Mr. Gauthier stated he had been advised by Mr. Fletcher to wait until the City had completed their work and knew where they were going on this matter. Mr. Gauthier, however, would like to address the matter of putting an addition on his service station which will encroach on the buffer zone . David DeVoe stated that a Determination would be in order in this matter. He also felt that a proviso should be added to the De- termination that the fill be removed by August 1, 1982 . This was put in the form of a motion by Chris Hagger and seconded by Raymond Lavender. It was so voted. There being no further questions of the Gauthiers, they were ex- cused with the Commission' s thanks. MOOSE LODGE Membars of the Commission have inspected the area again and some of the fill has indeed been moved, but not from the lip of the em- bankment. David DeVoe added that some fill had actually spilled over into the brook . A letter will be sent to the Lodge acknowledging their progress and expressing our hope that removal will soon be completed, stressing the lip area which is so sensitive . Mem- ? bers of the Commission will be available for consultation if the Lodge so desires . FIORE Mr. Fiore' s case will be discussed between the Clerk. Magistrate and City Solicitor Stafford. Paul Willis pointed out that Teot3th civil and criminal action can be taken here and we can have the work on Fiore ' s property performed ourselves and force Mr. Fiore to pay. HUTCHINSON AND MONGLELLO A plan has been submitted to address the problem on these properties and all concerned parties will study the plan and come in to the ne-t meeting for discussion. S ;", ,;?VT SHIPS Mr. Richard Mailhoit and Mr. Gifford Russell were present to request a year' s extension on the order of Conditions , DEQE # 64-66 . They are still in the process of getting the necessary permits from the State and Federal governments. They further need a letter from the Commission stating that Items 2 and 3 on the Order have been completed to the Commission' s satisfaction. Once all necessary permits have been obtained, the work should be completed in approx- imately one year' s time . David DeVoe gave a brief background of the proposal and upon mo- tion of Paul Willis and second of Alice Akatyszewski, a letter JON Conservation Commission sZ Salem, _Massachusetts 01970 Telephone (61:) 745-5056 �•1/a55 n�� - August 9 , 1982 Mr. Ronald Gauthier 126 New Balch Street Beverly, •MA. 01915 Dear Mr. Gauthier : Since our last telephone conversation, I have reviewed the file relative to the action on on Your oroperty. According to the minutes of that meeting _you attended , the final responsibility for the removal of the fill is Yours. If Mr. Mackev is done with his work on your nrooerty, there should be little difficulty in removing the remainder of the fill. The Commission feels that an extension of three weeks from the original deadline of August 1 would be a reasonable amount of time for the removal of the remaining fill. If there is any- further assistance I can provide, please feel free to contact me. Sincerely yours, C A Susan Madison dti� Conservation/Plannii Aide SM/dev 9 N1,.Iln,, ,(` der , G el NunComm"1ss on �r J 5a1+ n� lids. achu,ett., 01970 MINUTES OF MEETING December 9 , 1982 The Commission met at One Salem Green, Second Floor, on December 9, 1982. Present were Raymond Lavender , Richard Femino , Christopher Hagger, Alice Akatyszewski, Glenn Yale , Associate Member James MacDowell , and Conservation Aide Susan Madison. Paul Willis and Philip Moran were absent. Vice-chairman Glenn Yale called the meeting to order at 8: 04 p.m. 96 HIGHLAND AVENUE Mr . Ronald Gauthier , owner of the Sunoco Station at 96 Highland Avenue , was present to discuss the problem of the removal of fill being stored on the embankment on his property. The Commission had requested that the fill be removed by August 1, then had given Mr . Gauthier an additional three weeks to remove the fill. As of this date , the fill has not been removed. t.qr. Gauthier gave some background of the problem: The City was . doing some work abutting the property, they were storing the fill removed behind his station. The fill has remained since . Part of the fill was intended to be used for an addition to his station and to help correct some water problems Mr . Gauthier was having. However , Mr . Gauthier was requested to bring the fill back away from the culvert. This has not been done .: Mr Gauthier finds he cannot drive around his building, so now he wishes to fill in part of the swail so he can drive around his station. He noted that there was "very little water" in the swail, so he feels the impact would be insignificant. Glenn Yale stated that if it is Mr. Gauthier' s intention to fill in order to provide a driveway around his building, a Notice of Intent would be required. Mr. Gauthier felt that doing engineering drawings, etc. for the amount of water and size of the area in ques- tion was basically a waste of time and money. Susan Madison commented that when this matter was originally discussed with Tony Fletcher and Mr. Gauthier , a Notice of Intent was being. planned. Glenn Yale read the minutes of June 24 , 1982 , which addressed this issue . The understanding then was the fill would be removed upon completion of the City' s work . Chris Hagger added that it seemed clear what the procedure should be ; perhaps it was not clear to • Mr . Gauthier? rof Gauthier replied that the amount of fill in question is minimal. Chris Hagger asked how Gtr. Gauthier .could be sure . 71.9r. Gauthier again stated that the amount of water is " just a trickle" and there was no potential of flood conditions . Minutes of Meeting--December 9, 1982 page 2 Glenn Yale noted that the concern was for further encroachment on the culvert. Mr . Gauthier reiterated his desire for a driveway around his station. He added that he had no control over the pipe work which the City did, he lost property, etc . , so he felt he should not have to bear the burden of this problem. Susan Madison clarified the situation. She felt there were two points to consider: The City Engineer had authorized Mr. Mackey to work in the area to try to relieve the water problems on Mr. Gauthier' s property. If any further filling was to be done , a Notice of Intent must be filed and an engineer be hired. Mr. Gauthier stated that someday he would like to do more filling. Susan Madison said this was fine , as long as proper procedure was followed. Chris Hagger added that there is a procedure which must be followed, it was really not a complicated process . Mir. Gauthier suggested that the area be inspected again. Once the Commission sees the amount of water and size of the swail in question, it can readily be seen there is little problem. Susan Madison commented that there are other water problems in the neighborhood. Chris Hagger added that a study really needed to be done . Mr. Gauthier said he just wanted his business to be able to function efficiently. Glenn Yale stated there are laws and • procedures by which the Commission must abide . The Commission will come out and inspect the area again, but he cautioned Mr. Gauthier to be aware that he is in violation of past requests made by the Commission and no more filling is to be done . Susan Madison will discuss the matter further with Tony Fletcher and and appointment will be set up after the first of the year with Mr. Gauthier to inspect the property. There being no further discussion on this matter, Mr. Gauthier was excused with the Commission' s thanks . SALCTO STATE Dean Marrs of Salem State College was present to address the issue of a parking lot abutting a wetland area. He read a prepared statement to the Commission (attached hereto and made a part hereof) and gave an overview of the plan. They wish to take an area which runs from the existing fence behind their soccer field to a three- car garage on Charles Street , clear the area, level it , and create a Lynn-pak parking area. They are trying to use an area which would. have the least impact on the neighbors , etc . Councillor John Nutting was present to address the Commission. Since the last meeting o_ the Commission ( at which time he spoke in favor of this proposal) Councillor Nutting has received numerous phone • calls from constituents expressing concern for this proposal. In light of this fact , he feels he must withdraw his support for this Minutes of Meeting--December 9, 1932 Page 3 proposal. Concerns were expressed by the neighbors regarding drainage , etc. John Wood, President o the Student Government Assocition at the . college spoke in favor of the proposal. He noted that 4000 students will be directly affected by the resident parking sticker plan and when this ordinance was formulated, no consideration was given to the college . Now that the college is taking steps to alleviate the problem, they are being thwarted. They want to work with the community to provide the best possible solution. Mr . Joseph Mulligan, engineer for the project, stated there are really two possiblities: one is to provide a lot for twenty-two cars and leave the wetland area alone , the second is to fill in the wetland area and provide space for thirty cars . Richard Femino asked if Salem State would salt the area during the winter. Mr . Mulligan replied that they would only plow. Chris Hagger commented that if no filling was done of the wetland area, the flooding problems in the area would not be changed at all. Susan P:'fadison said that a '+fir. Ladd of 50 Charles Street, had called her office expressing concern for the proposal. After she explained that there were actually two proposals--one for filling the area . - -- and providing compensating storage somewhere else ; the other for providing space for twenty-two cars and not touching the wetland at all. Once he heard this , he had no objection to the proposal. Robert Bonin of 22 Charles Street spoke in opposition to the proposal. He felt the concensus of the neighborhood was that they were opposed. He has lived in his house for eight years and when he moved in, there was no water problem, now there is . Tim Gray, a member of the Board of Trustees of Salem State and a resident of Charles Street was offended by Mr . Bonin' s remarks . His property is the lowest on the :itreet and there is minimal water problem--a pump handles the situation well. The proposed parking space would handle three hundred students per week . It will have no serious impact on the water problem and will clean up an area which is now an eyesore to the neighborhood. Councillor Nutting commented that there were numerous water problems in the area; i.e . the Donut Ring, which has just lifted their park- ing lot by six inches . Richard Femino felt we had an obligation to the City to make sure a parking lot was designed that would provide no further drainage problems . Glenn Yale asked if the College would entertain the idea of level- ing the area, not filling whatever, putting in some type of boundary and getting what parking they could with no encroachment of the wet- land area. Minutes of Teeting--December 9 , 1982 Page 4 ' Jim I'JacDowell suggested the College stake out the area they propose and then the Comm-Ission will inspect. There is to be no encroach- ment of the wetland, no paving, and perhaps bollards could be used as a boundary for esthetics . This would insure that no further drainage problems would be created in the neighborhood. ^lenn Yale further suggested that cleaning up of the debris in the area be included. A Determination including these conditionq : Staking out of area, Lynn-pak surface--not bituminous , clean-up of debris , and bollards creating the boundary will be issued following an in- spection of -the area. Dean Tviarrs will notify Susan Madison once the' staking has been done . Further , a letter will be sent to the abuttors describing this proposal so they .will be assured that no further drainage problems will be created . Richard Femino will be the Conservation Commission liason to this project. Both Richard Femino and Chris Hagger added that they felt that any snow to be plowed should be plowed toward the street side and also no snow is to be placed in the culvert. Further, the slope of the grade should be towards the road. MOOSE LANDFILL It was decided that once a new hearing date is set by the Board of Health to deal with the proposed landfill or. the Moose property, representatives from the tdt . Tom Citizens Advisory Group which has dealt with a similar problem should be invited to testify. CLAYP<AN In light of the recent problems noted in the North River , Mr. Clay- man who owns property abutting the river , -vas asked to attend this evening' s meeting to address his property' s possible contribution to contamination of the river. Mr. Clayman opened his remarks by stating that he has a great deal of concern for the waterways of the Commonwealth. He further has some training in this area. He would definitely not allow his company to harm any waterway. At his company at 63 Grove Street , laminating of recycled materials is done . A latex water-base adhesive is used in this process . It is the same material once used in chewing guru:; it is FDA approved. The only other element used in this material is rosin--from pine trees , plus trace amounts of ammonia. At the end of the working day ( 3 : 30 p.m. ) this adhesive is poured into containers , then the trays and rolls used in the process are washed using fifty gallons of water. The amount of actual cement left behind is highly diluted and has been dispersed into the river. The furor began with the red material which was originating_ from 28 Goodhue Street--one of Cla.yman' s tenants . Chris Hagger noted that every Friday on a regular basis , the canal_ is white , Mr. Clayman felt this , and the other colors seen in the canal from time to time , w—.s from the tanneries . His company has Minutes of Meeting--December 9, 1982 Page 5 ,. never done anything furtively, Mr . Clayman brought along a sample of what is actually dispersed in the river. Glenn Yale commented 'that there is always a white sticky substance on the bottom of the canal and added that many abuttors of the river are dumping there . Chris Hagger felt the white substance could also be an acid precipitate . H7r . Clayman acknowledged that there are several of his tenants who could have an impact on the river, Glenn Yale asked if there was anything else from Mr. Clayman' s own operation going into the river. Pair . Clayman replied in the negative . Mr. Clayman plans to have SESD and Df3Q visit his plant. Originally, at the suggestion of SSSD , he was going to plumb into the City sewer line. However , the City engineer felt this was unacceptable , so Mr . Clayman has now built a pilot pre-treatment system and a sample will be sent to ScSD to see if it now would be acceptable to the City sewer system. Glenn Yale felt that from a public perception this was a good way to go . Chris Hagger suggested that an effort be made to get all the people in that neighborhood to try to alleviate the problem collectively, Mr. Clayman felt this was a fine idea; however , he personally felt the river was beyond saving. There being no further discussion, Mr. Clayman was excused with the Commission' s thanks . HIGHLAND REALTY--BURG,, KING Glenn Yale gave a brief background of this problem. It seems in the construction of the new Burger King on. Highland Avenue , the fill removed from the site was dumped into the wetland. The storage area has been completely dead-ended. A Cease and Desist was served to both the contractor , Franklin of Lynn, and Highland Realty Trust. However, if the Building Inspector issues a building permit for the actual structure , a Cease and Desist can be issued to Burger ;ling as rrell. Upon motion made by Chris Hamer and seconded by Raymond Lavender, a vote of confidence in this action was made . It was so voted. OLD BUSINESS Upon the motion of Chris Hagger and second of Richard Femino , a Certificate of Compliance for the chimney foundation portion of work being done at New England Power Company was approved. It was so voted. It was noted that the debris behind the Lazarakis Painting Company has now been completely cleaned up. • Mr. DeCotis will be attending our January 13 , 1983 meeting with engineering drawings and a revised plan slowing as-built drawings of his ramp and also showing. dimensions as to saltmarsh damage . Minutes of Meeting--December 9 , 1982 Page n • There being no further business , a motion was made to adjourn. Having passed unanimously, the meeting was declared adjourned at 10: 17 P.M. Respectfully submitted, Dale E . Yale Clerk • . STATEMENT PREPARED FOR SALEM CONSERVATION COMMISSION . The College proposal to use a portion of the formerly Day Avenue land owned by the State for parking is a direct result of the recently passed Resident Parking Ordinance. As the result of this Ordinance, the College is attempting to respond by examining every available alternative to help provide additional parking on campus property. One of those alternatives involves the Day Avenue property. .The Ward 7 Councillor, John Nutting, has appeared before the Commission to speak in favor of this proposal. The Commission posed the question whether the College would give its committment that no additional use of the Day Avenue area would be submitted in the future. President Amsler does not feel that such a committment is appropriate since he cannot commit the College's future policy given changes in College leadership, College needs and community needs. Mr. Marrs, representing the College before the Commission, reminds the members of the Conservation Commission that the sole purpose in the College requesting that a portion of Day Avenue be used for student parking is in direct response to the Salem City Council Resident Parking Ordinance. This proposal is one of the several ways the College is attempting to allieviate student parking on public streets. While by itself it only provides for up to thirty spaces, it nevertheless is one specific and concrete response to help toward a total solution and can be quickly and easily accomplished. The College administration and student leadership is attempting to find a number of alternatives to contribute toward easing the parking problem. It hopes that its good- faith efforts will be recognized and supported by the City Council, residents and the Conservation Commission. The College also feels that while no plans now exist for the construction of any structures on the Day Avenue property, and none are now envisioned (The administration feels construction would be economically and environ- mentally unfeasible), f uture parking plans for surface parking must remain open for future consideration to meet whatever the changing needs of the community dictate or as may be determined by future city ordinances, etc. Also, anyfuture plans affect- ing the Day Avenue area would necessarily come before the Salem Conservation Commission for approval at that time. It is the hope of the College community that this proposal will be determined to be in the best interest of both.the College and the Salem community since it is a direct response to the Resident Parking Ordinance passed by the City Council, and that a determination may be granted to allow use of a portion of this land for parking. • Distributed to Salem Conservation Commission by R. P. Marrs at Conservation Commission meeting held December 9, 1982. P. ,\.,)()N Cfj� t jJ onser0 0 0 o�. Commission Salem. }Massachusetts ()1970 June 13, 1983 Councillor Frances J. Grace City Hall Salem, MA. 01970 Dear Councillor Grace: The Conservation Commission is in receipt of the Council Order addressing the issue of the Sunoco Station located at 94-96 Highland Avenue, Salem. Enclosed herewith is all the correspondence relating to this matter, as well as copies of the Minutes addressing this issue. Upon review of this material by the Commission, it was felt the board had made it quite clear what is necessary in order for Mr. Gauthier to make any alteration to the wetland area adjacent to his property. The Commission would be happy to review his plans at any time, but any. alteration, filling, culverting, etc. of the brook must be accomplished under the Notice of Intent procedure. This was made clear to Mr_ Gauthier when he met with the Commission. A copy of this letter will be sent to Mr_ Gauthier and once again, the .Commission wishes to assure the Council and Mr. Gauthier that we are willing to lend any assistance we can once the filing procedure has been accomplished. Sincerely yours, Philip D . ,loran Chairman PDM:dey `4\ON !L Conservation Commission Salem, _Massachusetts 01970 Telephone 16K) 745-5056 !ar:�ss•�o� August 9 , 1982 Mr. Ronald Gauthier 126 New Balch Street Beverly, .MA. 01915 Dear Mr. Gauthier : Since our last telephone conversation, I have reviewed the file relative to the action on on your property. According to the minutes of that meeting you attended, the final res_ponsibilit_v for the removal of the fill is vours. If Mr. Mackev is done with his work on your property, there should be little difficulty in removing the remainder of the fill. The Commission feels that an extension of three weeks from the original deadline of August 1 would be a reasonable amount of time for the removal of the remaining fill. If there is anv further assistance I can provide, please feel free to contact me. Sincerely yours, Susan Madison dle�� Conservation/PlanniAide SM/dev �d.CON➢IT 0 t a a J q ��Wpe (ring oftttettt, 91�ttssttritusetts Uepxrtmeut of publir Works (One l�elrm 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. Mr. Gauthier did not "lose" any of his property. Prior to construction, the swale was over grown with second growth, bushes and weeds and some three to four feet of washed 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 . He 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. sz Conservation Commission (� Sabin, Massachusetts 01970 M� June 13, 1983 Councillor Frances J. Grace City Hall Salem, MA. 01970 Dear Councillor Grace: The Conservation Commission is in receipt of the Council Order addressing the issue of the Sunoco Station located at 94-96 Highland Avenue, Salem. Enclosed herewith is all the correspondence relating to this matter, as well as copies of the Minutes addressing this issue. Upon review of this material by the Commission, it was felt the board had made it quite clear what is necessary in order for Mr. Gauthier to make any alteration to the wetland area adjacent to his property. The Commission would be happy Y to review his plans at any time, but any alteration, filling, culverting, etc. of the brook must be accomplished under the Notice of Intent procedure. This was made clear to Mr. Gauthier when he met with the Commission. A copy of this letter will be sent to Mr. Gauthier and once again, the Commission wishes to assure the Council and Mr. Gauthier that we are willing to lend any assistance we can once the filing procedure has been accomplished. Sincerely yours , Philip D. Moran Chairman PDM:dey CITY OF SALEM In City Council----------May-_26,.-1983----------------- Ordered: That the Conservation Commission meet with the proprietor of the Sunoco Station, Mr. Ronald Gauthier, 94-96 Highland Avenue, relative to problems he is having with the brook on his property. AND BE IT FURTHER ORDERED: That they report back their findings in writing to the City Council by the June 23 meeting. In City Council May 26, 1983 Adopted Returned unsigned by the Mayor on May 31, 1983 ATTEST: JOSEPHINE R. FUSCO CITY CLERK y 4r,N r G O L--$�f STREET -- -- -_— , P2,OPOSED ADDITION �, 140.50 TO e E 8 W 1 L=.T ,o,T i 9G . K i G 14UNN D AvF. , SgL_Ef� PR�POSE� Pcr.>DITION SCALE t``=30` . OCTOE3ER l9� i 7 , 7,� = CERTIFY T4-\AT T�-1� BUi�DiN� U' AT- -49c, FE IGi 4 LAtV D AVE. ,Sa.LE►�/l ` f `S. SITUATED ONAts _ g :71 cp 9� GFRAID w`i O Pr LPH fl1AR,,LLL z �1c1 r+o <ano �5 - 198 71 �� ;j�t� r•'� 2, 1m�fF fire ��" i}ir, mw i L\L ME ISA STREET :'` t COi'°?'rlO:v'.f: AL1'{ 0 i11S3A�::{U� P1:i C.L.c.131 s .YO . R�.'TE'ST TO MTBRi•IIc2 APPLICAQIL TY OP THE WETIAND PROWTION ACT 1• I, the undersigned, hereby request that the S9 C t/M Ca�vJir2vyT/Oiy Cos�irty'fyo/I/ make a 'deternination as to whether or not the Act is applicable to - - the area., or work to be perforned on said area is subject to the Act a description of which is submitted herewith and rade a par of this request. k Area: Work to be performed- X 67 2. The names) and addredof the owner(s) of the area are: ,Of, , 3. 1hereby certify that al abutters (attached' ilst) to the area, described 4 . above which is subject to this written request and the owner, if not the person making the request, have been notified that a_ determination is being -requested of the Conservation Commission, under the Act. 4. I have filed a copy of this request with the Massachusetts Departzi�-_nt of Environmental Quality Engineering, Northeast Region, s/o���s Signature Date Address XoN `'- Conservation Commission Salem, Massachusetts 01970 Telephone X617) 745-5056 June 24, 1982 Mr. Ronald Gauthier 126 New Balch Street Beverly, MA. 01915 Dear Mr. Gauthier: Enclosed please find your Determination for the addition you propose to build on your property at 96 Highland Avenue, ch-,�_ Salem, MA . The Commission has determined tat ,.,._ �.�a -, ' on your plan entitled "Proposed Addition to be built at 96 . Highland Avenue, Salem, "dated October 1, 1981, is subject to the Wetlands Protection Act,. .but the work is not dredging, re- moving, filling, or altering, and therefore a Notice of Intent is not required. However, the Commission voted to add a proviso to this Determination which requires that the fill now being stored on the embankment be removed by August. 1'9 1982. If -there is any further information or help you may need regarding this matter, please do not hesitate to contact either myself or any Commission member. Sincerely yours, Susan Madison Conservation/Planning Aide SM/dey - Enclosure FORM 2 COMMONWEALTH OF MASSACHUSETTS DETERMINATION OF APPLICABILITY OF THE WETLAND PROTECTION ACT G.L. C.131 s. 40 TO: Mr. Ronald J. Gauthier DATE: 126 New Balch Street, Beverly, MA. June 24, 1982 Pursuant to the authority of G.L. 0.131 s.40, the Salem Conservation Commission has considered your request for a determination of applicability together with the plans submitted with it and has made the following determination: 1. ( ] The area shown on the plans is not subject to the Act. 2. [ j The entire area shown on the plans is subject to the Act and shall require a filing of the Notice of Intent. 3. [ J Only the area described below is subject to the Act and shall require a filing of the Notice of Intent: 4. [x ) The area shown on the plans is subject to the Act but the proposed work is not dredging, filling, removing, or altering, and there- fore a Notice of Intent is not required. See proviso in at- tached letter. 5. The determination that the work is not subject to the Act shall expire within one (1) year from the date herein. 6. This determinuLion dues not relleve the person requesting the determina- tion from complying with all other applicable federal, state or local statutes, ordinances, by-laws, and/or regulations. 7. Failure to comply with this determination and with all related statutes and other regulatory measures shall be deemed cause to revoke or modify the said determination. ` 8. No work may be commenced under this determination until ppeal ads have-elapsed. ( 4 6 _- ISSUED BY "S FM CONSERVATION coN[VIISSI c Where the Department o Environmenta Qua ity ngineering ssues a negative superseding determination, you are hereby notified of your right to a formal hearing provided it is made within ten (1.0) days from the date of the super- seding determination of the Department of Environmental Quality Engineering. f s iR - _ �--�; PrzOPOSED ADDIT)ON TO B E B U i L.'T" r4� 9G R I G H'L.AN D AVE. , SAL.Et-n SCALE 1"=30` OCTOBER 19SI W , r ro � \ SCERTIFY -rjAnc ' -rwa ButL-DTri ! .4T 96 {-E \G4LAND AVE. ,�ALENI i' G9 { `S_. SITUATE D ON THS S lTE Ac`s S4-1oWN . . t{ 2E . . �s ° 4t5 { ref �� .l✓. - �� ', hKr.,euA \ C is i�yi I Y 1Ai ' � - - �a���9VY Y1`���� /f�L• i r I k r�Cl T . rti P vj r. t F=— �TEET l�GX11 •` i!�_� � j„g� '4}� Y rif7..` .� A'w �9�''""� \.a1R''��"`.�}�-1^* asd j Received from you - Frances Grace - Ward 4 Conservation Commission meeting results of, July 23, 1981 at One Salem Green. Subject - An area that is being filled by the city of Salem behind the Arco station diagonally across from Wilson Road (which is now Highland Ave. Sunaco) . You mentioned that there is a question whether the area behind the Arco - now Sunaco - station is indeed a *#tland. I am one of a few abuters . I own the home behind this station. I HAVE LIVED HERE 29 YEARS. In this space of time, former owner (Kence) tried to get a permit to fill in this area but was refused also. The people involved wanted to buy the land if they were allowed to fill in this area. Sunaco Oil Co, was also refused. After all of these refusals, it must be a wetland. This area serves as a catch basin for all the surface runoffs after heavy rains or severe spring thaws. There are no sewers on Almeda St, and Dolby St. Runoff from the pond flows behind my home into the wetland. If this wetland area is filled, the water would build up behind my property then continue down Colby St. and Almeda across the Avenue down Greenway Road. (There are a lot more troubles it could cause the abuters) . One* more item - the owner of this Suneco station has, up to this time , dumped about 30 loads of fill indluding some fly ash without a permit. (City trucks have also dumped here without a permit. There is a 2i' foot eulvert in the area installed by the State. You say this matter is being investigated by Mr. Lavender and Susan madison in connection with the Conservation Commission. In fairness to all parties involved -abutters and other interested parties such as: r The Salem Hospital �,=i Thomas A. Sullivan g Others , on Greenway.Road- }� Mary D1 Virgilio, 6,.Almeda 'St. , Mario Di Virgilio, 5 Almeda St. Medical Building, -6, Colby+St. ., , + Richard Perlman, `Colbe St.. + t d`® J_r + }. � ' ¢,�y.•• 0.l r - ! Conservation Commission Salem, Massachusetts 01970 Telephone 1617) 745-5056 Iss. June 24, 1982 Mr. Ronald Gauthier 126 New Balch Street Beverly, MA . 01915 Dear Mr. Gauthiera Enclosed please find your Determination for the addition you propose to build on your property at 96 Highland Avenue , Salem, MA. The Commission has determined that the area shown on your plan entitled "Proposed Addition to be built at 96 . Highland Avenue, Salem, " dated October 1, 1981, is subject to the Wetlands Protection Act, but the work is not dredging, re- moving, filling, or altering, and therefore a Notice of Intent is not required. However, the Commission voted to add a proviso to this Determination which requires that the fill now being stored on the embankment be removed by August- 19 1982. If there is any further information or help you may need regarding this matter, please do not hesitate to contact either myself or any Commission member. Sincerely yours, Susan Madison Conservation/Planning Aide SM/ley Enclosure Y FORM 2 COMMONWEALTH OF MASSACHUSETTS DETERMINATION OF APPLICABILITY OF THE WETLAND PROTECTION ACT G.L. C.131 s. 40 TO: Mr. Ronald J. Gauthier DATE: 126 New Balch Street, Beverly, MA. June 24, 1982 Pursuant to the authority of G.L. C.131 s.40, the Salem Conservation Commission has considered your request for a determination of applicability together with the plans submitted with it and has made the following determination: 1. [ ] The area shown on the plans is not subject to the Act. 2. [ ] The entire area shown on the plans is subject to the Act and shall require a filing of the Notice of Intent. 3. [ ] Only the area described below is subject to the Act and shall. require a filing of the Notice of Intent: 4. [x I- - The area shown on the plans is subject to the Act but the proposed work is not dredging, filling, removing, or altering, and there- fore a Notice of Intent is not required. See proviso in at- tached letter. 5. The determination that the work is not subject to the Act shall expire within one (1) year from the date herein. 6. This determLnaLion does not relieve the person requesting the determina tion from complying with all other applicable federal, state or local statutes, ordinances, by-laws, and/or regulations. 7. Failure to comply with this determination and with all related statutes and other regulatory measures shall be deemed cause to revoke or modify-' .::? the said determination. 8. No work may be commenced under this determination untilppeal r ods hav lapsed. ._ ^. z / die //r i- n ISSUED BY i �� ' , l l l . "SAWM P.ONSERVE TION COME[�IISS I . 71A-( Where the Department or Env ronmenta Qua ity ngineering ssues a ne ative superseding determination, you are hereby notified of your right to a formal hearing provided it is made within ten (1.0) days from the date of the super- ( seding determination of the Department of Environmental Quality Engineering. I 2. They should all be notified as to what is going on and given a chance to express their views until ttkitk sewers are installed on the streets mentioned. Filling this area could cause quite a lot of trouble. Thank you. For the July 23, 1981 notice. And enjoy .the rest of the summer. Mario Di Virgilio 5 Almeda St. Salem, M9 . 6 , 4 S - 1 t i �, e