Loading...
64-138 - LEGGS HILL POND, 325 LORING AVENUE - CONSERVATION COMMISSION i 9� Form S DEQE File No. 64-138 (To be provided by DEQE) �\ Salem Commonwealth cityfTown of Massachusetts Appy r;*�, Q4:_2 L;;I e-a • a II Order of Conditions Massachusetts Wetlands Protection Act G.L c. 131, §40 Salem Conservation Commission Fro TC Citv of Salem - _ Town of Marblehead (Name of Applicant) (Name of property owner) Address One Salam r;raen Addre54 Tower tray _ Salem, MA 01970 Marblehead, MA , 01945 This Order is issued and delivered as follows: ❑ Eby hand delivery to applicant or representative on (date) by certified mail,return receipt requested on (date) This project is located at Ipgas Hill r 325 Loring Avenue The property is recorded at the Registry of Essex Book 1386 Page 517 t Certificate(if registered) The Notice of Intent for this project was filed on 6/15/86 (date) The public hearing was closed on 6/26/86 (date) Findings The Salem Conservat'nn rn —has reviewed the above-referenced Notice of Intent and plans and has held a public hearing on the project. Based on the information available to the Commission at this time, the Commission has determined that the area on which the proposed work is to be done is significant to the following interests in accordance with the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the Act(check as appropriate): E>—'/Public water supply Sto damage prevention ❑ Private water supply Prevention of pollution B--�Ground water supply ❑ Land containing shellfish ❑ Flood control ❑ Fsheries 51 95 Salem Conservation Commission hereby finds that the following conditions are Therefore,the Standards set forth in the regulations,to protect those inter. . necessary, accordance with the Performance . estschecked above-The Salem Conservation 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 We lowing conditions modify or differ from the pans,specifications or other proposals submitted with the Notice of Intent,the conditions shall control. General Conditions 1. Failure to comply with all conditions stated herein,and with all related statutes and other regulatory meas ures,shall be deemed cause to revoke or modify this Order. 2. This Order does not grant any property rights or any exclusive privileges;it does not authorize arty injury to private property or invasion of private rights. with ab 3. This Order does not relieve the permittee gr any other person of the necessity of complying s other applicable federal, state or local statutes, ordinances,by-laws or regulations. e completed within three years from the date of this Order unless 4. The work authorized hereunder shag b either of the following apply. (a) the work is a maintenance dredging project as provided for in the Act;or (b) the time tori completion has been extended to a specified date more than three years,but less than ce and both that date and the special circumstances warranting five years,from the date of issuan the extended time period are set forth injhis 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. 8. Any fnl used in connection with this project shall be clean fill, containing no trash, refuse,rubbish ashes, bris,including but not limited to lumber,bricks, plaster,wire, lath, Paper, cardboard, pipe, 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. Final Order has been recorded in the Registry of Deeds or the Land g S. No work shall be undertaken until the e chain of title of the affected property. the Court for the district in which the land is located,within th 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 1 also be noted on the Land Court Cer'�cate of Title of the owner of the landllupo s ion the proposed work is to be done.The recording information shall be submitted to the 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 f eel in size bearing the words,"Massachusetts Department of Environmental Quality Engineering, File Number - 10.Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order,the Conservation Commission shall be a party to all.agency proceedings and hearings before the Department. 1 1. Upon completion of the work described herein,the applicant shall forthwith request in writing that a stating that the work has been satisfactorily completed. Certificate of Compliance be issued 12.The work shall conform to the following plans and special conditions: 5.2 96 Plans: Title Dated Signed and Stamped by: On File with: "Leggs GGR G@WT� Detail Plan "Precase concrete Catch Basin Special Conditions(Use additional paper H necessary) See Attached. ................................................................................................................................................................................... (Leave Space Blank) 5-3A 97 Issued BSalem Conservation Commission Signaturyes) Vr • r This er must be signed by a majority of theConservation Commission. On (P of l 19 before me personally C, rne sl to me known to be the person described in and who executed the foregoing Instrument and acknowledged that he/she executed the same i s/her free and d Notary Public My commission expires The applicant,the owner,arty person aggrieved by this Order,any owner of land abutting the lend upon which the proposed work is to . be dons or any len residents of the city or town in which such lend is located ere hereby notified of their right to request the Department of clrvionmental Quality engineering to issue a Superseding Order,providing the request is made try certified mal or hand delivery to Me DaWtfr., M within ten days from the date of issuance of this Order.A copy of the request shatl at the sane time be sent fry certified mag or heed delivery to the Conservation Cornmassion and the appileant. _ r Detach on dotted line and submit to the Salem Conservation Commiccinn _prior to commencement of work. Issuing Authority _ To Please be advised that the Order of Conditions for the proiect a 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 t a— It recorded land, the instrument number which identifies this transaction is It registered land,the document number which identifies this transaction is Acphcant Signature 5.4A 1. The installation and construction of the proposed outlet structure of Leggs Hill Pond has been determined to be significant to public water supply, ground water supply,. and to the prevention of pollution, since Leggs Hill Pond has in the past been used as a water supply source (the supply came from a well and the area is still maintained as an emergency water source) . A Department of Environmental Quality Engineering opinion has confirmed the Commission' s responsibility to maintain this pond at its present level. 2. Work shall conform to plan entitled, "Leggs Hill Pond Outlet Control Structure," dated May 9, 1986, prepared by Thomas Rouleau, P. E. , Engineering Assistant , and detail plan entitled, "Precast Cement Concrete Catch Basin." 3. Prior to commencement of construction, an erosion and sedimentation control barrier in accordance with "Erosion and Sedimentation Control Guidelines," Publication #13 , 529-39-1000-2-84-C.R. , dated August, 1983, shall be installed upstream of the proposed control structure and downstream of the proposed structure. a. Staked haybales shall be placed in a configuration which will adequately contain any sedimentation resulting from the dike removal. b. Such hay bales may be removed after the water has sufficiently cleared to indicate no further sedimentation will take place. 4. The Town of Marblehead Water Department shall be notified seventy-two (72) hours prior to commencement of construction. 5. Prior to backfilling around the control structure, the Commission or its designated shall be notified to confirm the rim elevation is set at 27.3 . 6. The. City of Salem shall be responsible for ensuring that the - structure is cleaned and maintained at least twice yearly. The Town of Marblehead shall be notified at least seventy-two (72) hours in advance of such maintenance operations. 7. Following installation, the proposed slope shall be vegetated to ensure stability. ON CConservatiOM O (ln !Y?l 1111 J 2 vaa cl Salem. Massachusetts 01970 HASSnC� TO: CONSERVATION COMMISSION MEMBERS FROM: DALE YALE, STAFF ADVISOR RE: PUBLIC HEARING--LEGGS HILL POND CONTROL STRUCTURE ------------------------------------------------------------------------ Many of you are familiar with this issue which involves the installation of a control structure to maintain a set elevation of Leggs Hill Pond. Several years ago when the State installed a drainage system hydrologically connecting this pond with Tedesco Pond, the elevation of Leggs Hill Pond was set at elevation 18. Subsequently, the outlet structure was plugged in order to raise the level of the pond for fishing, ice skating, etc. The area eventually vegetated at the new elevation (elevation 27) and homes were constructed on Linden Avenue with this elevation reflected in their survey information. At the same time, the Commission solicited an opinion from DEQE as to whether the wetland boundary was determined from the present elevation or the previous one. DEQE ruled that the new elevation was legally the boundary of the wetland area. Therefore, the Commission requested that a new control structure be designed which will maintain the elevation of the pond at elevation 27. This structure has been designed by the Engineering Department and a Notice of Intent has now been filed for the installation. I would suggest that the public hearing be closed and an Order of Conditions be issued for this project. rRECAST CEMENT CONCRETE CATC14 BASIN f'. I i I Rm EL 2 7. 3 / i ,vE'ENAH R4 3�3 0 - 2 5 i 1 OR ECP04L fT__ 30" RAVE TO BE SET IN FULL S"MINIGUN \ GED OF MORTAR h • LI ¢ / / \ 1 NI NIU UN I P O f U U0 i JI a EX/ST/n/G F w '- EX/ST�Nv /6 OUTLET PIPE w < _PIPE TO EE _ET IN V C > p /NV EG, 24.23 -' FULL 6E0 Of uORTLR 10"±I" DIAMETER $v Cj C P �Q ... G"MINIMUM � S" NIVIM:IN <� 5.... W I ¢Q�I aQ•: O W .e b. Tr.P-�.d{?:�"�''' n Q rN4'7-.i4-`O:{. Y� Q•" 07 6,•.. Y �`P A'y` �(i.rf��P•a..Y�;' Y<�O.vFd Y:?: 1.', • Hi —CLASS "D" CEVENT CONCRETE I I1 IY. I;_; I f k ts� v :+ AREA. OF GRATE — SQ. FT. OPEN AREA. r b, ' v bo 4,0 vn 0% v 00 10 O fo a 1 m3 N wA cn a v m 'o o O O O O 0000 o n � ZDISCHARGE/T/ GH GRATE — CU, FT. PER SEC. t9� an Lbv � � � s moo n%1 � � m A� �-Q IJ W d� Ui U v Oo`0 O ff, WATER DE-PTH OVER GRATE — FT. is-430 Series Light Duty [sound Drainage Grates,-Flat Bar Type For Walkway Use Only / 11 .� �Specify: @QMB� 1. Catalog number. Angle frame as shown can 2. Angle frame when required. be furnished with any � A grate on pages 213 and 214. Special frame anchors .Y3�,< m furnished on request. Catalog Dimensions in inches - Wt. No A B G H Lbs. R4380-AAI 31/. s6 3/e s/e 1 R-0380-A 4 '/: 3/2 R-4380-A1 4s/A - % 'h R-:380-BI 5 'h '/2 112 2 94380-1 5'/z '/i 'h 'h 2 R-4380-2 5s/. se 3/e s/e 2 R-4380-3 6 1 'h sd 6 R43804 - 8 1/2 s/e s/e 4 R4380-4A1 8'h 3/. 1 1 7 R-43804A 10 s/. 'h 92 9 < `� k4380-6 10112 s/6 3'h x 11h s/. 10 R-4380.7 113/1 1 1'h x 4 1 20 81.380-8 12'/2 1 . 1 1 25 ® ' R-4380-9 141/. 3/. 1 1 20 P4380-10 15 % 3/. 8e 19 _ IN<oxcacrr OR R-E360-11 15 1 sb 3d 27 cuv rvr IN salt rvc R-4380-12 1511. 1/2 5/1 3/e 15 R-4380-13 16 1 1'/e 1 30 R-4380-13A 17s/. 1/2 1 Is VE 1/2 16 R-4380-14 18 3/. 7b 3/. 40 .r.,, A R4380-15 IB 1 11b 1'/. 40 ^-;380.16 19 'h 3/. 1 35 R-4380.17 79 1 s/A 1/2 55 *i�:�`•'. F.-4380-18 20 1 2 x 2 11L 55 R-4380-21. 24 sh 11L s/e 55 ® ' R-0380-22 1 27 1 3/, 1/e 3/1 85 _ R-4380-23 28 1 2'/e x 4 2 110 IN ca.cxr+ _ ,^.x.390-24 30 3/ 7/e s/. 130 �� 81'380-25 32 3/. 13/1 1 145 P.1380.26 333h s/. 1% 1 165 R Not rI,cm,�Tended for bicycle traffic. For safety standards see pages 82 to 85. P,-4r?5 Series Lightweight Bar Grates , Recommended for use in tile not subject to heavy loads. For heavy traffic - }- •.,. > grates, see R-4030 series, page 208. Since tile and other pipe is made urder many specifications, dimensions will vary. Check the grate sizes in tho tobleao be sure they will fit the pipe you are using. Specify: Ca:alognumber. C.Ivbg Pi:: Dimensions in in[hes Wt Catalog Pipe Dimensions in in[hes WI. Ao. Size A B G N lbs. No. Sire A B G H tbs. '"„ {^^�,�•,',' 24385-A 4 5ii s/ 'h % 2 P.-438S.f IS IB'/ Y, '6 42 60 R-436y3 6 8 Ys 36 '/I, 4 R•4385-G 18 22 1 1 1 55 ® A R_?FS-C 8 1R.. Y. Yr 7h6 6 R-4385-N 24 29 11/ IIN 3/ 130 H '{ G D-1385.0 101 Y. 'h 'h 14 R-43854 27 321. 1'h Is66 Y. 200 P.4325-1325-f 12 142'h V. Y, Y. 1/1122 R-4385-R 30 36 IYr .1 Y. 1 200 r')Not recommended for bicycle traffic. For safety standards see pages 82 to 85. R-4.388 Series Cast Iron Lids, 18-inch Approved for use on residential grease traps. . Customer's name cast on lid without extra charge in lots of 200 or more. Specify: 1. Catalog number. �' 4 -- Co:olog B Wt. m ,fit-'7 �ti\� � No. Dim, tbs. Notes '�"-L..cs�-s 'r +?' �' R-4388-A ''/i' 18 Solid '�:;:. ' ;,? :..':, y` 'Ga`Lu"$':':-'a' `ik'- ti �� R-4388-B Yi' 25 Solid o:'.'.d '"o.d - - R-4388-C '/!' 30 Grated 5814: o!b2 1 Illustrating R-4388-A Illustrating R-4388-D '/i' 40S Center 8`�4.` - u;:o- g R-4368-C R-4398-8 Yi' 30 'Si. 1 inch holes— 18'/. inch diameter. GIY FOUNDRY COMPANY ~ SECTION 4 _;�Q��-'`��' '. FOUNDRY COMPANY _.. CATALOG NO. TYPE SQ. FT. OPEN CATALOG NO. TYPE . OPEN R-4370-18 E 1.3 R-4385-G E R-4370-21 D 0.9 R-4385-H G R-4370-22 D 1.1 R-4385-J G R-4370-23 G 0.9 R-4385-K G 7 R-4370-25 G 2.0 R-4370-26 G 1.7 R-4370-27A G 2.4 R-4373-2 K 1.0 sq.in. R-4373-3 K 1.1 sq.in. R-4373-4 K 3.0 sq.in. R-4373-6 K 3.1 sq.in. R-4373-6 K 4.1 sq.in. R-4373-10 K 5.5 sq.in. R-4373-12 - K 0.1 R-4373-15 K - 0.1 R:4380-AA1 E 2.8 sq.in. R--4380-A E 3.7 sq.in. R-4380-A1 E 6.0 sq.in. R-4380-BL E 4.8 sq.in. R-4380-1 E 5.4 sq.in. R-4380-2 E 7.5 sq.in. P-4380-3 E 6.0 sq.in. R-4380-4 E 0.1 - R-4380-4A1 E 0.1 r R-4380-4A E 0.2 f a R-4380-6 G 0.2 R--4380-7 G 0.3 R-4380-8 E 0.3 _ P.-4380-9 E 0.4 R-4380-10 E 0.5 R-4380-11 E 0.5 R-4380-12 E 0.6 P, 4380-13 G 0.7 R-4380-13A E 0.9 E=4380-14 E 0.7 n-4360-15 E 0.6 R-4360-16 E 0.8 R-4380-17 E 0.8 R-43380-18 G 0.7 R-4380-21 G 1.3 R-4380-22 G 1.5 R14380-23 G 1.1 in/LET GRA7E SEG�Cn UN R-4380-24 G 1.7 = z_ 5 Q- FT ®}�P-4360-25 G 2.5 Fit'E� A/i'EfI S R-4380-26 G 2.7 I. R-4385-A E 7.5 sq.in. 11 R-4385-B E 0.1 R-4385-C E 0.3 R-4385-D E 0.3 R-4385-E E 0.5 ? R-4385-F E 0.5 d;1Qy 1 I i • 11 f © 1981 Neenah Foundry Company 92 Form 4 DEQE Re No. (To be prov�deC by DEOEI , SALEM l Commonwealth Gtyrto� rd of Massachusetts ApplicWr CITY OF SALEM Abbreviated Notice of Intent Massachusetts Wetlands Protection Act, G.L c. 131, §40 To be used only for projects of minimum impact,as described in the General Instructions for Completing the Notice of Intent. . 1. Locatlon:StreetAddrLeggs Hill Pond 325 Loring Ave. iotNumber ff30 L50 2.Project:Ty Reconstruction of outlet structure Descriptio^ 3.Registry:County---Es sexCurrent Boo 1386 Spage 517 Certificate(If Registered Land) 744-0241 4. Applicant City of Salem Tel. Address: One Salem Green, Salem, MA. 01970 5. Property Owner Town of Pfarblehead Tel. 631-2694 Address: Tower Way, Marblehead MA. 01945 6. Representative' City of Salem - Engineering Department Tel 744-0241 Addy One Salem Green Salem MA. 01970 7. Have the Conservation Commission and DEQE Regional Office each been sent, by certified mail or hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents? Yes M No ❑ 8. Have all obtainable permits,variances and approvals required by local by-law been obtained or applied for?Yes ® No ❑ Obtained: Applied For. Not Applied For. Notice of Intent No other permits or variances required 9. Is any porton of the site subject to a Wetlands Restriction Order pursuant to G.L.c. 131, §40A or G.L. c. 130,§1057 Yes ❑ No L�3 10.List all plans and supporting documents submitted with this Notice of Intent Identifying Number/Letter Title/Date . 1 Leggs Hill Pond - OUtlet control structure 2 USGS Locus Plan 3 Details and com utations 4.1 J Conservation Commission Salem, Massachusetts 01970 "� Telephone 1617) 745.5056 May 5, 1978 Mr. Anthony Fletcher Department of Public Works One Salem Green Salem, MA 01970 Dear Tony, We hope you find these Orders of Conditions to your satisfaction. The items from the letter dated April 28, 1978 from Haley & Ward, Inc. to Attorney Paul Lauiser have been included in the Order. We understand that you have agreed to these conditions at a meeting you had with Marblehead's Water Board. We ask that you consider reducing the size of the pipe between Ponds C and D and that you send a copy of the specifications following the awarding of the job. Thanking you for your cooperation, I remain Sincerely, Brian E. French Secretary BEF/sm ORDER V102LAND PROTECTION ACT ` G.L. C. 131 s. 40 :FILE NUMBER: 64-2�y PROJECT LOCATIGN: end �=edea ve. Sa�Ie leniA TO: 5a.ler;: dept. of Pu'olic k(orlcs CERT. MAIL NO: '-'Y901P3 One Salem S'reen Salem, i+'a 019'(0 RL': NOTICE OF INTENT AND PLANS DATED: Jan. 2, 1978 DATE OF RECEIPT BY CONSERVATION COMMISSION: lA3/73 DATE OF PUBLIC HEARING: 1/3o/78, 2/'1/78, 3/21/78, 4/18/78, 4/4/78 Pursuant to the authority of G.L. C. 131 s. 40, the Salem Conservation Commission has considered your notice of intent and plans cr: raicted. therewith, and has determined tiLt. the area on, which the pro- poscd work is ;to .be done is significant to one or more of the interests described in the said .act. The Salem Co_aservation Commission hereby orders that the following conditions are necessary and all work must' be performed in strict accordance with said conditions and with the Notice-of Intent and .Plans, unless modified by said conditions: c'oNDI_roras . 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 . This order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or - invasion of private rights. 3. This order does not relieve the permittee or any other person of the necessity of complying -with all other applicable federal, state or local statutes, ordinances, by-laws and/or regulations. 4. The work authorized hereunder shall be completed within one (1) year from the date of this order unless otherwise stated below Dursuant to Regulation 6.7._ The order may be ex- tended by the issuing authority for one or more additional one-year periods upon application to the said issuing authority at least . t eY ension. thirty days prior to the. expiration date of the order or its S . Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of the foregoing. oD„ Co;57ITI0?i C^;^';1UrD PAGE 2 FILE NO. 6=:-2 4 6. . No work may be commenced until all appeal periods have elapsed from the order of the Conservation Commission or from a final order by the Department of Environmental Quality Engineering_ 7. No work shall be undertaken until the final Order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located within the chain of title of the affected property. Copy to be furnished to issuer of this Order showing book and page prior to cornencement of work. 8.. Upon completion of the work described herein, - the applicant shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. G. A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words, "Massachusetts Department of Environmental Quality Engineering. Number 64-24 , , 10. Where the Department of Environmental Quality Engineering is requested: to make a determination and to issue a superseding order, the Conservation Commission shall be a party to all agency pro- ceedings and hearings before the Department. 11. The work shall conform to the following described plans and additional conditions. See attachment l to this Order of Conditions -27- C• YY !O"5 CC^iTI':iU^D PAGE 3 FILE NO. 64-24 The applicant, any person aggrieved by this order, any owner of _and abutting the land upon which the proposed work is to be done, or aihy ter, r_-sidents of the city or town in which such land is located, Lre hereby notified of their right to appeal this order to the Depart-- sent o= Environaental Quality Engineering provided the request is made in .i •iting and by certified mail 'to the Department within ten (19) days from the issuance C::' this 'n'aer. - Sal eT: v0.^Sn"_^✓2,11017 cOnm1SS lOri CeVL n IY ✓✓YV' Eay !1, 1975 -bate of issuance On this da-�e- day of 197 before me P`=rsonally appeared 17 to me known to be the narsoil described in and who executed the foregoing instrument and acknow= ledged that he executed the same as his free act and deed. My Commission expiresJtAi7l 3a i fyj -28- r!:';•'..'='.V' '_ cAppI jcant: uepartment ot Public works, a em; DEQE File No. -2 ORDER OF CONDITIU S These C-rders of Conditions are issued to protect v:ater quality for the follow- ing reasons : 1. 'The 'linnin Square drainage improvemantS have been determined to be s'. nificant to public crater supply, to ,ground watertsupply and to pre- vention of pollution since the receivinG -pone: at Legg's Bill (named Pond is the application, DQE File llo. 64-24+ has in the past been used as a ',rater supply source by the To�rl of : arblehead. Che supply care from a s=ell and the area is still maintained as an emergency ;cater source.9 2 The drainagi.m e provelnen+s have been determined to be significant to pro- . of land containing shellfish since the -rater will enter Salem Harbor by =;ay Of the Forest River Saltmarsh. The marsh is also Ja.rt of a con- servation area established under a.Ssachusetts �'a neral La-..Is, Chapter LO, `=ectiOn ^c. 'ireGei'.+ ':�i.rii?in 5�7 U.are dTaina�e System di_5C[1'Tres into the pond behind 'J top and =:hOD na-med Pond "D" iri the application D2)2 File - O , ;;s-2C;..; 1,ri_tho-A a pipe connection and ":."' . The proposed lmprOvement5 connect both Donds by a Dipe, ii"_ll drain a lar;der land area and will increase flo*-r rates into the ponds and thereby increase the loading of ..e1171ent5 and pollLrtantS t,rhich may a.dvers*ly affect both ponds and the -crest 'River Saltmarsh. 4. .1 report on '•,,a'der quality p'repa'red for the i:Onserva.tion Commission by .,eoche:r�_cal Associates, dated Jar.1u ry l0, 1978 and a report D �' - y the City Of jalein .1aalth Depar'tmen't dated january 9, 1T(`, indicate flat the Prater quality In Pond .'D^ behind -Dto-p 4. 'hon Superiaar:'et is ` least Class 1^d_ Lha."t Of the pond at ye;.�'S :dill i5 probably ba.bly better "ti12_Il Class L. The Drocosed drainat,e im_prOve.ents have also been determined to be significant to flood. control on the land adjacent to the pond at Le g's s sill . As a result of the significance of the proposed 'finnin Square drainageimpTOVements, the follOi-;ink conditions are established: - 1. The :•rater quality in either pond shall not be less than ,lass B due to construction or, operation of the drainage syste,m�. Prior to the start of construction the Denar•.tment of Public dorks of Salem and the Consecration `;orulission -Shall establish a street and ce,,tc11 basin Cleaning Dro, -am for the drainage area to ma.intain 'a.t least Class B water quality. This pro:,-ram shall include water sampling to monitor the effectiveness of the cleaning program. The sampling, }gill include testing for chlorides as Yrell R111e� and Re Mations for the 3sta:olisnrtent o_` '.i.nimum 5;ater )dal t7r Standards and for the :'rote.^_tion of the Quality and Value of ;later eaources , Water Resources Commission, Division of Water Pollution Control , Commonwealth of Massachusetts. ^,ttachment I (con't) Page 2 as tests for substances which are included in the 'Mass E definition. The nrogram shall have at least 3 sanplin„ tines per year immediately follo;rin or during periods of high runoff following extended dry periods, beginning at the winter tha:r. The cost of the sam;ling program shall be borne equally by the Depar'-LIi,t of Public ;?orks and the Conservation lommission of Salem Samplin shall include other pollutants and shall be done more frequestly as requested by the Narblehead .4ater Department. .._.rblehead's ',later Dena.rtment shall be furnished :,!_ih a__ test rasults . In the event that the •iarblehead :;ester Depa.rtr,.ent deternines that the d.ischare of this drainage crater is resultin in conditions i;hi.ch jeopardize - the potential use of the well adjacent to Pond "C" as a public mater S up-ly, the vitt/ of Salem ,311 all construct a. dTe.lnc. ;e system around or through Pond "'"" to prevent further con tamination from this source . 1 2. The outlet structure from 'ond "D" shall have a nin_nun elevation of 27.3 neon sea level . This outlet structure should be - ovided with stop planks or other device to provide a means to prevent the aisc:harge of water from Pond "D" to Pond "C" in the event of :-.e contani.nation of Pond "D" . 0 At -the outlet of Pond an 18" d f ,et oi.pe be installed b, the Sale. )cpartme:,t of Public +orks adja ,_nt to the cxi::tin,-; 10" diametef o'Alet pipe and .=t the same invert elevation. This pipe shall be maintained by the Sale;c Department of Public 4, All large pile ihllets or outlets shall have bar racks is?Stat lBd to Pre- vent children entering then. 5. Ti?e specifications for the iork shall include a re _ticement to minimizze sedinenta.tion of the ponds during c=n trllctior_ of t.,e drainage system. The requirement Shall be in accordance ;-rith Guideliln> for Soil and ':later !conservation in Urbanizing Areas of :�c"..SSachusetts, United a"tate3 Department of Agriculture, Soil Coaservatioil Service, '.pril 1975. G .�e9� s 7�i��✓Gd. � � J4� 6C-/1WnC_"1(1(Cea1 tl 0 S. RUSSELL S)'I-\ ,\ 935-2160 DhTE July 16, 1986S 1 MIN: 64-132 ASSIGNED FILE NO: The Division of Wetlands is in receipt of an application filed under M.G.L. Chapter 131, Section 40, the application is in the rkue of: APPLIQW: City of Salem OWNER OF LAND: Town Qf Narblehead (hp Salem Green Salem. MA 10970 PROJECT LOCATION: LQggs Hill Pod, 325 Loring Avenue LOT: M30 L50 PROJECT REVIE47 The application is incomplete. No file number will be assigned until material checked below is submitted to this office: Notice of Intent Plans Project requires the filing of a Form 3 (Notice of Intent) rather than Form 4 (Abbreviated Notice of Intent) Locus VTATM,7 ,AYS REVIENI x ) Project may require a Chapter 91 License-Project has been refer-red to Waterways. ) Preliminary review indicates that the project does not require a Chapter 91 License. However, should further review indicate that the project may require a Chapter 91 License, the Department reserves the right to refer the project to Waterways at that time. ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF FILING SUEMI=D, NOT APPROVAL OF THE APPLICATION. Very truly you Z2J�"'3� Sabin M. Lord, Jr. , Deputy Regional Environmental Engineer cc: Conservation Commission, Salem; MA 01970 ,co*otrl�a Ctg of Salem, aglearhuse#ie z Bepartraent of Puhlir Works oiMae (One �ttlem Green PAUL S.N{MAN DIRECTOR OF PUBLIC SERVICES September 18, 1986 Mr. Robert Alvarez Waterways Regulation Program Dept. of Environmental Quality Engineering Division of Wetlands 6 Waterways Regulation . One Winter Street Boston, MA. 02408 RE: Drainage - Leggs Hill Pond Dear Mr. Alvarez: We have received a determination from your office that a Waterways License is required for the above referenced project. (Wetlands File No. 64-138) . However, as discussed during your telephone conversation this day with Mr. Rouleau, we believe that this project does not fall under any of the four categories described which would require issuance of a Chapter 91 Waterways License. The pond, known as Leggs Hill Pond is not a "great pond" since it is less than 10 acres at its high water elevation. Also, there will be no substantial structural alteration nor any increase in the length, width or height of the existing dumped earth dike. Therefore we are requesting a redetermination of whether this project is within the jurisdiction of Chapter 91 and would therefore not require a Waterways License. We appreciate your consideration of this matter so that the needed reconstruction of the eroding conditions may proceed before wet weather. Very truly yours, V�J J. , Paul S. Niman PSN/cmc Director of Public Services cc: Salem Conservation Commission G �,u, ��:L/���jj>S���rPirr.l�jn��)��rr.r.rrc��anrnir/tf2)C �Gr � �yQ�i�,*�y�-tel ��L/t r,iJrarr-of 1�� .2iadl,r�•rcL'%�arfersrvvu,J�✓i.e4T�Caz ,i S. RUSSELL SYWA C,t ( ✓�i���r �J � O O�e008 Commissioner � July 24, 1986 City of Salem Engineering Owner: City of Salem One Salem Green Location: Leggs Hill Pond Salem, IIA 01970 Reconstruction of outlet structure The Division of Wetlands and Waterways Regulation, Waterways Regulation Program has received a copy of your Notice of Intent in order to make a determination whether a Waterways License is required for the proposed activity pursuant to G.L. Chapter 91 . Upon review of the information provided, it has been determined: The information provided is not sufficient to make a determination and you must provide the following information: XX A Waterways License is required pursuant to G.L. Chanter 91 and its regulations 310 CMR 9.0 Accordingly, please accurately complete, sign, and forward the attached Waterways License Application to the Division. A Waterways License is not required pursuant to G.L. Chapter 91 and its regulations 310 CMR 9.0, however, you may require a municipal Order of Conditions pursuant to the Wetlands Protection .Act G.L. Chapter 131 , s. 40 and/or a hater Quality Certification issued by the D.E.Q.E. Division of Water Pollution Control . Should you have any questions with regard to the Department's determination, please feel free to contact me at 292-5695. Sincerely, Charles atale, r. Section f � Waterways Regulation Program cc: Wetlands Section, D.E.Q.E. Region III Salem Conservation Commission ` Regulatory Branch, U.S. Army Coro of Engineers, N.E. District Wetlands File No. 64-138 . ... . . . . . .._ on O • v �� • �' Salem. Rlassachusctts 01970 CITY OF' SALEM CONSERVATION COMMISSION Will give 'a public hearing under the Wetlands Protection Act, Mass. G. L. Chap. 131, Section 40, at the request of Mr. James Zieff, Village at Vir,nin Square. The purpose of the hearing is to explore the effects of improvements to a kettlehole pond located on their property off Loring Hills Avenue. This hearing will be held on Thursday, June 26, 1986, at 7 :30 p.m. , One Salem Green, second floor conference room. Philip D. Moran, Chairman June 18 CITY OF SALEM CONSERVATION COMMISSION Will givea public hearing under the Wetlands Protection Act, Mass. G. L. Chap. 131, Section 40, at the request of Mr. Frank Harris, Locust Street, Salem. The purpose of the hearing is to explore the effects of the construction of a pier to the rear of his property on the Danvers River. This hearing will be held on Thursday, June 26, 1986 , at 7:30 p.m. , One Salem Green, second floor conference room. Philip D. Moran, Chairman June 18 CITY OF SALEM CONSERVATION COMMISSION Will give a public hearing under the Wetlands Protection Act, Mass. G. L. Chap. 131, Section 40, at the request of the City of Salem Engineering Department. The purpose of the hearing is to explore the effects of the installation of a control structure at the outlet end of Legg's Hill Pond. This hearing will be held on Thursday, June 26, 1986, at 7:30 p.m. , One Salem Green, second floor conference room. Philip D. Moran, Chairman June 18 la \ jLrJL✓ \r' 'j3�9H ) 44 es RZ ` �I f-1- PtCker H F s J t ••-�'h/� 5tA ne�Y� i'�.� 4\\v u\,SJ'-A' y oif Course r 0 J c sts'i 1 .SIC . / -fS EA ')HA BOR 0' Aca+i my m,. ' awlre r/p �re v it s 'i LS % O7C to r� r",b / t 15 IkC .��/� �✓?Sq�i l S';1 ..�o � p SVf Q}l RT � ! ele �rz • � / \1 �;� —ice"/',' -- �, �l' �i=-� �'V'��\ �`� ,. . _,o r Jr Nigh Ott GoeVS PL AA/ LEccs H/LL POND SCALE 125000 USE'S -LYNN � SALEM I Conservation Commission V 1 Salem, Massachusetts 01970 Telephone 1617) 745-5056 �.VASS. MINUTES OF MEETING January 28 , 1982 The Commission met at One Salem Green, third floor, on Jan- uary 28 , 1982 . Commission members present were Raymond Lavender , David DeVoe , Christopher Hagger, Philip Moran , Paul Willis , and Glenn Yale. Alice Akatyszewski was absent . Chairman Raymond Lavender called the meeting to order -at 8 :05 p .m. APPROVAL OF MINUTES There being no corrections or additions , the Chairman declared the .minutes of December 10 , 1981 approved: FIORE Mr . Nicholas Fiore , Jr . was present and stated the person he has had contact with in the past regarding the culvert on his property was a Mr. Zarella. Further effort will be made to contact him. Mr . Fiore stated that the land was filled years ago and a de- pression was created. The flooding problem across the street is due to this filling plus a possibility of debris blocking the culvert . Christopher Hagger stated that the issue here was the fill on the bank. Philip Moran added that the time he visited the property he was told that because the fill was clean , there was no problem. The fact the fill is within one hundred feet of the wetland is the problem. Mr. Fiore agreed with this premise . Glenn Yale stated there should be no further encroachment on the brook. David DeVoe added there is a possibility that the culvert or drain is blocked and if so , it is a state issue . The state Department of Public Works will be contacted re- garding this issue and then the Commission can take appropriate action_ There being no further discussion, Mr. Fiore was excused with the thanks of the Commission. Minutes of Meeting--January 28 , 1982 Page 2 ROBINSON ROAD Mr. Carmen Mongiello and his attorney , Mr . Buongiorno were present to discuss this matter. Susan Madison related the details of a meeting held regarding this matter with Mr. Fletcher , the City Engineer. Mr. Fletcher stated categorically that Robinson Road is not a City-owndd road and was , therefore , not the City' s respon- sibility. He added that there was adequate drainage in the area, but the diversion of the water is what has caused the problem. The responsibility lies with Mr . Hutchinson and possibly Mr . Mongiello ." to get together and work out an acceptable solution. Mr. St . Hilaire from DEQE feels the best idea is to hire a consultant to survey the area and make recommendations as to-the best solution to the water problem. Paul Willis pointed out that the problem will probably happen again this Spring when thawing takes place . Hiring a consultant would be the best idea because taking the matter into their own hands could possibly make matters worse . Philip Moran added that the problem might even be worse this year. - Mr. Buongiorno stated that the Mongiello' s primary concern is the hazardous waste problem. Paul Willis stated that cars are considered a hazardous waste . Mr . Buongiorno agreed, citing several laws"pertaining to junk _yards and car storage. There followed several minutes of discussion as to when Robinson Road was closed and whether it had ever been a public way . Glenn Yale pointed out that the City now considers Robinson Road a driveway. Susan Madison added that the City is getting ready to move legally against Mr . Hutchinson and the Conservation Com- mission' s concern is the alteration of-the wetland and the pos- sible contamination of the surface and well water. She further added that DEQE will return in the Spring to re-test the surface and well water for potential contaminants from the stored autos . David DeVoe commented that our role here was one of getting the Mongiellos and Mr. Hutchinson to work together to work out an equitable solution to both problems . DEQE has suggested a consultant be hired to study the best possible way to handle the problem and it is the Commission' s view that this is a good idea. He added that solving the drainage problems will go a long way toward solving the other problems in the area. Christopher Hagger added that we will be in touch with both the Mongiellos and Mr. Hutchinson when the water testing is done. There being no further discussion,the gentlemen were excused with the Board' s thanks . Minutes of Meeting--January 28 , 1982 Page 3 MICHAEL MONIZ Mr. Michael Moniz of the Planning Department spoke at length to the Board regarding a study he has conducted of land use in the City. The study has concentrated on the southern area of Salem and special attention was paid to the vacant land in the City. He detailed the various uses of-.the land in the area and asked for the Commission' s input as to possible greenbelt tie—ins , land- takings , conservation restrictions , etc . Paul Willis asked what potential there currently may be to the purchase of land. Michael replied that liabilities and funds were the main problem. The City would be very leery of taking land. However , a green- belt package could be achieved. David DeVoe asked if there was a potential to negotiate with developers for acquisition or conservation restrictions . Philip Moran feels the recent court decision has not helped our cause. David DeVoe added, however , that the impetus would be tax write- off. Susan Madison feels that conservation restrictions or public vistas would be the way to go. Philip Moran felt very strongly that vistas do not have as much appeal , as people value their privacy and do not wish to have people on-their property all the time. He felt that conservation restrictions should be our position rather than public access . Susan Madison said it would depend upon the developer. Some feel it is an enhancement . David DeVoe stated that we should take a position to 1) Negotiate for acquisition, then 2) drop back to restrictions , hopefully with access . Michael Moniz would like the input of the Board as to a "game plan" for-the future. Christopher Hagger raised the possibility of negotiatin for land locked parcels , or possibly a._"trade-off" arrangement . Philip Moran asked what the status of .Thompson' s Meadow was at this time . Maybe the Commission should pursue purchase of Thompson' s Meadow. Paul Willis supported this suggestion. Glenn Yale asked if perhaps we could negotiate for restrictions . Philip Moran moved to approach Marblehead with a -proposal to purchase Thompson' s Meadow. Second by Paul Willis . It was so voted. Phil Moran and Paul Willis will meet with the Marblehead Conservation Com= mission regarding this matter in the near future and in the mean- time , Marblehead will be contacted for the results of their last tests done on-the Meadow. J Minutes of Meeting-=January 28 , 1982 Page 4 David DeVoe stated that the ultimate concern of the Commission is the protection of-the Meadow. Christopher Hagger raised the question of whether this was our most desirable piece of-property or are there other parcels of equal importance? Phil Moran answered that politically and conservation-wise he feels itis . Michael Moniz added that Spring Pond is a similar situation. Paul Willis and Philip Moran will look into this also and will present a report to the Board by the end of,February. MOOSE LODGE Susan Madison met with Mr. Glick, the ash consultant from New England Power and the question of4dumping coal ash on the Moose Lodge property is"no longer an issue . New England Power needs a much greater amount of area than the Moose can provide . However, re- presentatives of the Commission will be-meeting with the Board of Health on February 8 , 1982 , to let them know our views on the subject and to cooperate fully with them in the event of any future requests for site assignment of this nature. Regarding the removal of the fill , Mr. Fletcher and Mr. Haight felt the fill could safely be removed with the proper equipment. The Lodge will be contacted and an April 1 deadline will -be given-them _ to remove the= fill from the bank. _. VINNIN SQUARE Mr. David Hark and Mr. Andy Rose have purchased the land behind the Stop and . Shop in Vinnin Square to build a cluster of condo- miniums. They wish the opinion of the Commission. They are amenable to restrictions , access to the pond, jogging paths , etc. They wish a permit for a building on the buffer zone and no filling will be done. Mr. Hark and Mr. Rose will be invited to the next meeting to present their plan in more detail. In the meantime, each Commissioner will inspect the property and get a better idea of the possibilities before our next meeting. There being no further business , a.motion was made to adjourn by Paul Willis and seconded by David DeVoe. The meeting was adjourned at 10 : 30. Respectfully submitted, Dale E. Yale Clerk Salem. Massachusetts 01970 CITY OF SALEM CONSERVATION COMMISSION Will give 'a public hearing under the Wetlands Protection Act, Mass. G. L. Chap. 131, Section 40, at the request of Mr. James Zieff, Village at Vinnin Square. The purpose of the hearing is to explore the effects of improvements to a kettlehole pond located on their property off Loring Hills Avenue. This hearing will be held on Thursday, June 26, 1986 , at 7 :30 p.m. , One Salem Green, second floor conference room. Philip D. Moran, Chairman June 18 CITY OF SALEM CONSERVATION COMMISSION Will give a public hearing under the Wetlands Protection Act, Mass. G. L. Chap. 1.31, Section 40, at the request of Mr. Frank Harris, Locust Street, Salem. The purpose of the hearing is to explore the effects of the construction of a pier to the rear of his property on the Danvers River. This hearing will be held on Thursday, June 26, 1986 , at 7 :30 p.m. , One Salem Green, second floor conference room. Philip D. Moran, Chairman June 18 CITY OF SALEM CONSERVATION COMMISSION a Will give a public hearing under the Wetlands Protection Act, Mass. G. L. Chap. 131, Section 40, at the request of the City of Salem Engineering Department. The purpose of the hearing is to explore the effects of the installation of a control structure at the outlet end of Legg' s Hill Pond. This hearing will be held on Thursday, June 26, 1986, at 7:30 p.m. , One Salem Green, second floor conference room. Philip D. Moran, Chairman June 18 'NON (\ r�KI .�, ., L:: 11� �31�di ➢. 3S aSa21 C:11' " : g ti)a 9t �.) r June 15, 1984 Mr. -Dana Snow, Superintendent Marblehead Water and Sewer Department Tower Way Narbl.ehead, MA. 01945 Dear M-(_ Snow: At last evening' s meeting of. the Conservation Commission, it was voted .. by a vote of six in favor, none opposed, to request that, the City Engineer of the Ci.tv of Salem design and install a structure at the outlet of Legg'. ,Sill Pond which will maintain the pond level at 27.3. The City of .Salem will hear ,he cost of the installation of the structure and subsequent mail:- tena-.ee. - .. 1 would be happy to discuss this with you further_ should you so desire. Sincerely yours, `J Philip D. Moran - Chairman dey cc to htCorney William Rendle ' Marblehead Conservation Commission ORDER WETLAND PROTECTION ACT G.L. C. 131 s. 40 _ 'FILE NUMBER: os_2`s PROJECT LOCATION: 0nd a ^den ve. & ' - T 0:- o_ �IIo11C .'Ior:is CERT. MAI' NO: i4'T- ' 3 3.1eT :' 01970 RL' : NOTICE OF INTENT AND PLANS DATED: Jan. 12, 1976 DATE OF RECEIPT BY CONSERVATION COMMISSION: 1/13/73 .ATE OF PUBLIC HEARING: 1/3(1i176, 3/21/73, V1=/78C;, 4/4/73 tursuant to the authority of G.L. C. 131 s.. 40, the. Siem Conservation ^,omni sion has considered your notice of intent and plans ictad therewith, and has determined t3Et. the area on which the pro- oo;sed work is to be done is significant to one or more of the interests describea in the said act.' The '•1e Co.^se a.tion Cos,:issior. hereby orders that the following conditions are necessary and all work must be performed in strict accordance with said conditions and with the tice- of Intent and Plans, unless modified by said conditions: . . 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 . This order does not grant any property rights or any exclusive privileges; it does not authorize any injury to private property or invasion; of private rights. 3 . This order does not relieve the permittee or any other person of the necessity of complying with all other applicable federal, state or local statutes, ordinances, by-laws and/or regulations. 4 . The work authorized hereunder shall be completed within one (1) year from the date of this order unless otherwise stated below Duisuant to Regulation 6.7. The order may be ex- tended by the issuing authority for one or more additional one-year periods upon application to the said issuing authority at least thirty days prior to the expiration date of the order or its extension. =, . Any fill used in connection with this project shall be clean fill, containing no trash, refuse, rubbish or debris, including, without limiting the generality of the foregoing, lumber, bricks, plaster, wire, lath, paper, cardboard, pipe, tires, . ashes, refrigerators, motor vehicles or parts of any of the foregoing. „D„ i cc"NDiTi0?i5 CnNI-T,LU�D PAGE 2 FILE NO. 6`a-2Y b. No work may be commenced until all appeal periods have elapsed from the order of I the Conservation Commission or from a final order by the Department of Environmental Quality Engineering_ 7 . No work shall be undertaken until the final Order, with respect to the proposed project, has been recorded in the Registry of Deeds for the district in which the land is located within the chain of title of the affected property. Copy to be furnished to issuer of this Order showing book and page prior to comencement of work. 8_ upon completion of the work described herein,- the applicant shall forthwith request, in writing, that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 9. A sign shall be displayed at the site not less than two square feet or more than three square feet bearing the words, "Massachusetts Department of Environmental Quality Engineering. Number 64-21� lo, Where the Department of Environ:izntal Quality Engineering is requested. to make a determination and to issue a superseding order, the Conservation Commission shall be a party to all agency pro- ceedings and hearings before the Department. 11. The work shall conform to the following described plans and !. additional conditions. Goa attic ent 1 to this Grier of Coaiiu, -27- OF- L11s 0 0:;FD 0:7_ ese '_7-rders Of Conditions are issued t0 protect ::ate':' q_;al"ity "_'Or the fCllOr- -�?.sons: 1. '_'ne Vi-nnin Squar`.1 drainage imprO`.re;1?=:ts haV2 ':J.?etl d@t2ri'1'?e;'1 t0 be s i. l - rant to "public Prater su'Opiy , o .'i^ is r" sup?ly and t0 prs- Ve:'t'0- Of p011u"On since the T ceiv ,,n= to d a` i, ��'^ .?`ll (llazed Pond n. - in the application, 3ZQE File 'is , has in the past been used as 2. ::ate= supply source by the Town of :;arbleilead. The ., pi.y came from a - ell 2-4 the area is still :1A ' in LTC2. as an en—,, noy :later. source. 2. 'ae dra17la,-e improvements kjave i.ae'n j_terrined t0 be Si •-n _,gni`.-cant t0 pro- rection of land conta.i-ninS shell_`.is.. ,ince tae -rater :,:ill enter Saler iia.rbor by 'Say Of ane Forest ftiVer Salt:,arsh. The marsi] is also 'Dart of a con- .,-._Ia ti7i aria est2.bli_shn^ un'aer z^ _.-.^,t.lSet t3 ..r?l 1,aws, :."2.ptei '':tl, 0 iu.a e Arg }ti,� _> pond behind �t07 ani ` Hoc _t-i., c. ? Pt fnam: d t'o "D n the aD'l)_., L On, DE)EIFile _L-24) r V out r ct L D r on , o o c ne nropo-ed improvements _ 1 O , eC bOti ,orids by a plp3, ,:' l l 3i n a lar =+' - na area and dill increase flo%r r^.res into the pond:, a_-.d thereby i:.c ease u„n loading of : :tc and pollr,:t^nts ! hich ^ay a:":__s--ly affect, bot'- pcnds and the t:�.ur3h. >. r=_Hort O:1 '.-'titer quality 'pre_^a_'i'2d `Or the Consei�+ra.tion Jo ::ri slop by _,ao ne cal _associates date a T:,; 177 - , -- � r _ �. ,.t a repo of the C_ty; • Oi' n .. y the - _tergal is l ^ltl IeT, tl ' . ] 'quality In Yo^d O J17 rl. .r'.-et is a. l :a,5 t `lass �. 1r`^ t Of tiva pen.- at ..2 : ,' :!ill -o,-c.')ly 'ia Lta i.:1G". Li ,Ss '_'he proposea draiiaa ge impr01'e.lents hat:. also .ictal da,er 1:,2 to be si-iflcant t0 flood. control on 'tae land ad.)a.ce:'e't. t0 0:12 poi'il wt i OJ `�J,_ .,ill. As a re-shit of t:e si nifi-cance Of the proposed ari�nin Sqra Square dina ei;lyro` -.menta, the foll0.;4n cOn:'L_ Lions are esti 011si^.ed. i^rater quality in either pond shal_ not be 2zs than lass ) due t0 co=^ ruction or operation of the drainage system. Prior to the start o- COnstrut,ion the Dapar-tnent Of Public Jor s Sal-em and t!_e Conservation ,'O''_^dssioil ' la_ll „stabll_h a street and ^ i;1 . ^, ^%.ZC�n bas Claa.n in, 7r0 ^'3.".� 'Or tae drainage area to ma.intainat least Class B .water .quality. p-1 --fo-=aa shall include i;ater aimolin to .m.:O t.-liter effectiveness Of the cleaning pro,'-�r,,T.. The sa plin;, will _ncl,.,de testing for c_'llorides a.- 4i211 for t:., t'1 s o h^ r t- D:1 of 1,. ., ,t _,nd .r .l'__ of Water Resources Commission, Division of Water Pollution Control , Commonwealth of Massachusetts. ttarhme_':t I (con's) Pala 2 tests for sobstances which are include In the Class _2 definition. the pro=-2T shall have at least 3 sanoling times per year immediately following or during periods Of high runoff follo4ing extended Gluey periols, beginning at the ;linter than. The COQ ., of thq sail ling program shall - borne equally by the Department Of Pualic ; o_i s and the Conservation Commission of Salem Sampling shall include Other pollutants and shall be done more frequestly as requested by the Marblehead `ester Deiartment. :Arblehead's later Denart-_ent shall be furnished. with all tem' result.. . Q the event that the _,.'-.rblehead later Department ._eternises that the discharge OI this drainage 'dater is resulting in conditions which jeopardize the potential Use Of the :!'all adjacent to Pond ".C" as a public water s L'-,Ay, the City of Saler .hall constrnct a dra + . system around or through pona "I to prevent further contamination from this source . 2. The outlet structure from Pond D sn.E._l have a _..__.=^flim elevation of 27 .3 mean sca level . This outlet structure , oil l be _ o _:.el with atop plan=s or other device to provide a means to -"^event the d0charze of wafter from ir^Jee . p0""t G Pori:: "C" in the event OZ the CO^.ta.:_-_Tacos OI Pond "D" . 3 . ?t the outlet f Pond "C" an 8^ dia � shall ` installed l b _ - .".� ..� 01 .. O: O 1 ,1 lu i_:.,:1_ .�_ D�?e _._.__ � 'J� .,... Salem Department of Public +'Orks adjacent to .the : „ .. 1�%" diameter outlet - _- e and at the -a. invert elo_ °" • Th - -?2 shpil.be maintain.al • Y All l y_e pipe inlets or outlets shall - bar r :metalled t0 pre- vent children entering them The specifications for the mark shall include a requirement to minimize sed._..._nta,.ler. of the ponds during C0=^:77=U.0tlO._ 01 the drainage;2 Syst.. The xaguir..ment shell be in accordance with guidelines for Soil and - Nater 2onservatton in OWN!, Area_ of --assachusetts, United States Department of Agriculture, Soil Coase-_-v?tion Service, April 1975. _ '1 "^ .I'- J C ^?i-r vel^DPAGE 3 F E V • C . 1 -e applicant, any person aggrieved by this order, any owner of 7. n_d abutting the land upon which the proposed work is to be done, or a,lv ten residents of the city or town. in which such land is located, a2-e heresy notified of their right to appeal this order to the Depart— ment o' Environmental Quality Engineering provided the request is made in writing and by certi-Fied mail 'to the Department within ten (10) days from the issuance L:' tlaiS -rder. lei—_ o:. ._f .tion ^o_;fission 41kn _� ` ,` ! =�,� L 97.3 ;ate of Issuance On this d-a-r day of /l�-m�� 197 before me p rsonally' appeared I to me known to be the z�Qrs;'i described in and who executed the foregoing instrument and acknow- iedvad that he executed the same as his free act and deed. My Commission expires _2i _I 31 i yYj -28- WETLANDS PROTECTION ACT � D MASSACHUSETTS G.L. C.131 sec.40 ''JAN 131978 Jrp NOTICE OF INTENT SALEM CONSERVATION. COMM, ALL PARTS OF THIS FORM SHALL BE CO,IPLETED UNDER THE PAINS AND PfIALTY OF PURJURY INCLUDING THE, ENVIROtNZ1ENTAL DATA FORPMA I ATTACHED HERETO AND DE A PART HEREOF OR THE FILING MAY BE :1 CONSIDERED INCOMPLETE. I" DATE: -.,Januar'y 12, 1978 1. Notice is hereby given in accordance with the provisions of G.L. C.131 s.40 that the proposed activity as submitted herein falls within the jurisdiction of said statute, and is located in the City/T.(x @( of Salem STREET end Linden Ave. -& Chandler Rd. See attached list. Recorded at the Registry of South Essex Dist. Book , Page Certificate (if registered) 2. The name(s) , address and telephone number of owner(s) of the subject land are: NAME ADDRESS TELEPHONE NO. Hyman Ma Ecus 6 Fairfield St, Salem, MA. Town of Marblehead % Water Dept. 5 School St. Marblehead MA. 3. I have filed identical Notices and plans by Certified Mail with the following- Conservation Commission (original) Date January 12, 1978 Mass. Department of Natural Resources 100 Cambridge St. , Boston (3 copies) Date January 12, 1978 .Bass. Department of Public Works 100 Nashua St. , Boston (1 copy) Date January 12, 1978 4. Have all permits, variances and approvals as required by C.131 s.40 been obtained ? jc -Ser T ro;� ( yes or no ). Attach copies to original Notice of Intent. �! 5. Enclosed is Statutory Filing Fee of $25.00, Payable to City or Town. 6. .The name, address and telephone number of the owner's representatives (if any) are as follows: NAME ADDRESS TEL-PHONE NO. Attorney ENGINEER A. V. Fletcher, P.E. One Salem Green, Salem, MA. _ 744-0848 AGENT 7. The purpose of the project is: (U ee, a�ddittiionall sheets if necessary) 8. Owner's (or agents) signature �`L�L\✓? � J "Bn .. i WETLANDS PROTECTION ACT Environmental Data Form 1. All parts of this form are to be filled out by the applicant or _ his agent under the provisions of G.L. C.131 s.40. 2. Where a section is not relevant to the application in question, the words "NOT APPLICABLE" should be entered on the appropriate line. NAME OF APPLICANT CITY OF SALEM, CITY ENGINEER ADDRESS OF APPLICANT ONE SALEM GREEN MUNICIPALITIES WHERE ACTIVITY IS PROPOSED AND NOTICE IS FILED. SALEM DESCRIPTION OF PROPERTY INVOLVED IN APPLICATION (including the dimensions Ponds, formerly gravel pits of any existing buildings,decks,marinas, undeveloped. existing cesspools) . Installation of storm drain connecting the DESCRIPTION OF MODIFICATIONS PROPOSED 2 ponds. Pond waterlevel elevation at rear.of ON THE SITE, including grading, dredging,Stop & Shop to be lowered to provide better_ removal of vegetation, ect. runoff. Present system into pond to be re- placed. After completion, area will be restored to original conditions. A. SOILS — 1. United States Department of Agriculture Soil Types ( show on map ) GRAVEL 2. Permeability of soil on the site. (dates of testing)' N.A. 3. Rate of percolation of water through the soil. (Dates of testing) N.A. B. SURFACE WATERS 1 . Distance of site from nearest surface water ( Date of measurement ) 0 2. Sources of runoff water. Storm water runoff - Vinnin Square area 7 pipe designed for 85 cfs J. e 4, 3. Rate of runoff from the site Not applicable 4. Destination of runoff water Forest River estuary. 5. Chemical additives to. runoff water on site. NONE C. GROUND COVER 1. Extent of existing impervious ground cover on site 0 2. Extent of proposed impervious ground cover on site 0 3. Extent of existing vegetative cover on the site Scattered trees mostly overgrown - weeds 4. Extent of proposed vegetative cover on site Restore to existing extent D. TOPOGRAPHY 1. Maximum existing elevation on site + - 40 (Base - 0.0 + M.L.W. ) 2. Minimum existing elevation on site + 25 3. Maximum proposed elevation on site NO CHANGE 4. Minimum proposed elevation on site NO CHANGE 5. Description of proposed change in topography NO CHANGE E. GROUND WATER 1. Minimum depth to water table on site (at time of filing) 2. Maximum depth to water table on site (at time of filing) 3. Seasonal maximum ground water elevation F. WATER SUPPLY 1. The source of the water to be. provided to the site N.A. 2. The expected water requirements (g.p.d.) for the site N.A. 3. The uses to which will be put N.A. G. SEUAGE DISPOSAL 1. Sewer disposal system (description and location on the site, of system N.A. 2. Expected content of the sewage e£fluents . (human waste, pesticides, detergents, oils, heavy metals, other chemicals) N.A. 3. Expected daily volumes of sewage N.A. H. SOLID WASTE 1. Estimated quantity of solid waste- to be developed on the site N.A. 2, Method for disposal of solid waste N.A. 3. Plans for recycling of solid waste N.A. I. BOAT YARDS,DOCKS AND MARINAS 1. Capacity of marina (number of boats runnino feet) N.`A. 2. Description of docks and floats _ -- (site, dimensions) N.A. 3. Description.of sewage pumpout facilities (type of waste disposal) N.A. 4. . Description of fuelling facilities and fuel storage tanks N.A. 5. Description of fuel spill prevention measures and equipment N.A. J. IMPACT OF PROPOSED ACTION APPLIED FOR 1. Effects on plant species ( upland and marine ) NEGLIGIBLE 2. Effects on marine species (shellfish, finfish) NEGLIGIBLE 3. Effects on drainage and runoff GREATLY IMPROVED 4. Effects on siltation of surface waters NEGLIGIBLE 5. Effects on groundwater quality IMPROVED 6. Effects on surface water quality NEGLIGIBLE K. ALTERNATIVES TO PROPOSED ACTION No Construction 1. Discribe alternatives to the requested action With regard to topography and economics, this is best feasible solution. 2. Describe the benefits of the requested action over the alternatives Will eliminate street surface flooding, increase traffic and pedestrian safety. City will benefit economically by getting approximately $400,000 drainage system completely financed by Comm. of Mass. The system will correct a longtime problem of flooding and hazardous roadway conditions. #1. Hyman Marcus M21 L233 4193/70 M30 L22 4193/70 Town of Marblehead M30 L50 1386/517 #7. Purpose - To upgrade drainage system in Vinnin Square area, provide better runoff of local drainage, prevent flooding and improve vehicular and pedestrian safety in Vinnin Square area. jt r` Sale.m. 1Alassachusetts 01970 HINUTES OF MEETING June 14, 1984 The Salem Conservation Commission met at One Salem Green, second floor conference room, on Thursday, June 14, 1934. Present werePhilipMoran, Alice Akatyszewski, Raymond Lavender, James Mac Dowell, Glenn Yale, and Christopher Hagger (8:15 p.m. ) . Also present were Conservation Aide Charles Frederiksen and City Planner Gerard Kavanaugh. Richard Femino and Associate Member Paul Willis were absent. Chairman Philip Moran called the meeting to order at 8:04 p.m. LEGG'S HILL POND Chairman Philip Moran gave a brief summary of the discussion which took place at our previous meeting regarding the issue of the pond known as Legg's Hill Pond. As a result of sections of outlet pipe being removed from the end of the pond, the level of the pond had dropped dramatically. As a temporary measure, the Conservation Commission had ordered the placement of an earth dam to maintain the water level in the pond until such time as the proper outlet pipe could be in- stalled. There has been some argument as to what the actual. level of the pond /- . should be and the discussion of our last meeting was continued until this evening so that certain legal and engineering aspects could be researched further. Mr. Moran had researched the original deeds to the property and noted that Marble- head purchased the pond some years ago, but it is located. entirely within the boundaries of Salem. According to definitions noted in the wetlands regulations, the area is defined as a pond and as such is subject to the protection of the Conservation Commission under the Wetlands Protection Act. The Commission will attempt this evening to define the issues and reach an equitable solution to determine the level of the pond which will protect wetlands vegetation in the area_, provide the aesthetics the neighbors of the area had believed were part of their property, and satisfy the concerns of the Marblehead Water Department as well. Mr. Jana Snow, Superintendent of the Marblehead Water and Sewer Department, noted th-i: the original 10" pipe that was set in the pond in 1923 was placed at a certain invert elevation. When the Order of Conditions for the Vinnin Square Drainage Project was issued a larger pipe (.18" was ordered, 16" was installed) was to be placed at the same invert elevation as the 10" pipe. He introduced Mr. Charles Idiller who is a consulting engineer for the Town of Marblehead. Mr. Miller is from the firm of Haley and Ward. He noted the invert elevation of the 10" pipe was 23. 31 and the 16" pipe was 23.13. The pond surface presently is 27..4, so the pond is now 4' above theinvertof the drainage pipe. - Philip Moran asked why the original pipe was placed there and Mr. Miller replied that this was done when their 14" water main was installed up Legg's Hill Road. (` The 10" pipe accomodated a brook which ran through the property. Minutes of Meeting--June 14, 1984 Page 2 Philip Moran asked what the Town of Marblehead wished the Conservation Commission to do and Mr. Snow replied that it was the feeling of the Water Commissioners in Marblehead that the pond should be restored to its original level. This would mean. a drop in level of approximately four feet. He also raised the issue of liability. Philip Moran felt the liability issue was not within the jurisdiction of the Con- servation Commission, but he also noted that he has never been aware of a municipality being held liable for a drowning in a municipal water area. He added that even if the pond were lowered, the problem of liability still exists. The Conservation Commission must first consider the state law which governs this wetland. Glenn Yale asked when was the last time Marblehead pumped from their well in the area and Mr. Snow replied. in 1954-55. He added that Marblehead had to work very hard to maintain the elevation due to the accumulated. dabris and vandalism. Glenn Yale asked if the level of the pond ever reached the level of the invert of the 10" pipe and Mr. Snow replied he felt the level was maintained, but periodic damming up of the pipe was allowed to happen to accomodate skaters, etc. James MacDowell noted he had found the elevation of the pond to be 28.0 on Wednesday. Mr. Miller had done his elevation calculations on Monday, June 11. Mr. MacDowell noted that the Commission had in its possession a plan which took the elevation of the pond in March of 1983 and placed it at 27.2. He raised the issue of whether the invert had changed and Mr. Snow felt that was a possibility. He added, however, that the drainage pipe at Vinnin Square lays 2' higher. Mr. MacDowell noted that according to the Linden Avenue plan to which he referred earlier, the outlet shows a high water mark stain at 27.5. This is fairly clear evidence that the level of the pond was at this elevation for a prolonged period of time. Mr. Snow felt this could be due somewhat to the continued blockage problem. James MacDowell felt it would be difficult to justify lowering the pond level by three to four feet. Chris Hagger raised the issue of water quality, which seemed to be of concern to- . Marblehead at our last meeting. Mr. Snow stated that the consensus was now that the elevation as it stands now would -not affect water quality. Mr. Miller added, however, that any further rise in the level could have a detrimental effect. Chirs then asked if there was no detrimental effect on water quality, what difference would it make? Mr. Snow again raised the issue of liability. The Order of Conditions issued in 1978 does set the invert elevation of the pipe at the same level as the existing 10" pipe, therefore the level of the pond should be lower. Chris Hagger . felt he was not clear as to the liability issue and Mr. MacDowell added that if any legal action was ever instituted, it would be "messy" as there are so many owners of the property. Mr. Miller felt that whatever reason the pond ele- vation is higher, some type of official sanction should be made. Glenn Yale clarified the dam situation. It was done as a temporary measure to preserve the level of the water that is presently there until such time as a determination could be made as to the appropriate level. Minutes of Meeting--June 14, 1984 page 3 Mr. Miller further added i:hat the Town of Marblehead has made a great deal of ef- fort to maintain that outlet pipe in the absence of any maintenance from Salem. If any liability questions should arise, at least Marblehead could show that these efforts had been made. He added that if the pond was lowered to the "proper" level, there would actually be two small ponds. Jim MacDowell noted that if the Town of Marblehead wishes to bring the level of the pond down to four feet less than it is now, it would clearly require a filing of a Notice of Intent. Attorney William Rendle, representing Mr. Mackey, asked what identifiable vegetation existed in the pond area which needs protecting? If that vegetation became established as a result of a recent rise in the level of the pond and occurred due to a lack of maintenance of the outlet pipe by the City he feels it would fall into a different category than vegetation which exists as part of a wetland. The increased elevation of the pond has taken some of Mr. Mackey's land and he feels this loss of land should be addressed. Jim MacDowell noted that we are not dealing with just wetlands vegetation--the pond is defined in the Act as a resource area which is protected by the Wetlands Protection Act. Vegetation is only one criterion. Also, the regulations make no distinction aS;.to whether the pond came into existence. we must deal with it as it now exists. Mr. Rendle replied that the original Order of Conditions created - a balance of interests, which are not all served equally at present. Mr. Moran felt that negligence in maintenance was not a valid argument. He asked if Mr. Mackey had an explanation as to why sections of pipe were removed and Mr. Mackey replied that the sections that were removed were not part of the original installation. They had been placed there by Marblehead in an effort to cut back on the vandalism and when he went in there to clean out the pipe, his equipment inadvertently dug up those additional lengths. Mr. Rendle added that if the City had maintained the pipe as they were supposed to, this would not be a problem now. Philip Moran noted that there is strong evidence that the level of the pond sho:'. d .be 27. 3. Glenn Yale added that we also have aerial photos of the area taken in 1968 which show the pond at an equivalent level as presently. Dana Snow asked if there were any plans available from the state which set the appriprate level of the pond and Mr. MacDowell replied they had construction draw- ings only--this is why there is such a dilemma. Glenn Yale asked what benchmark Mr. Mackey used and Mr. Rendle replied he used the old 10" pipe as a guide. This was explictly explained in the Order of Conditions. Attorney Gary Sackkider, representing residents of the neighborhood, asked Mr. Miller if they had any topographical plans which showed the pond level being so low as to create two small ponds and Mr. Miller replied in the negative. Some discussion ensued as to the benchmarks used in calculating the invert elevations. Mr. Miller noted that the top of the hydrants in the well fields were 21.41 and 17.44, using "Marblehead base. " Minutes of Meeting--June 14, 1984 Page 4 Mr. Sackrider asked if Marblehead felt there would be reduced liability if the level of the pond was lower and Mr. Snow stated that by making the pond level higher, the recreational aspects of the pond are enhanced. Glenn Yale asked how Marblehead would feel about a level of approximately 27 or so? Mr. Snow replied that some permanent type of structure would have to be installed and he wondered who would bear the cost for this? Mr. MacDowell noted that the City of Salem will design and build this structure and it would then be the responsibility of the City of Salem to maintain. As to the mechanism of how this is achieved regarding a Notice of Intent or a modification of the original order, this has yet to be worked out. Upon the motion of Glenn Yale and second of Alice Akatyszewski, the City Engineer will be requested to design and install an outlet structure which will maintain the level of the pond at 27. 3. It was so voted. HEWITT--ORDER OF CONDITIONS (#-,`64-103) James MacDowell abstained from any participation in this project. Conservation Aide Charles Frederiksen visited the site this past week and noted that the only issue of any real concern was the presence of debris--stumps, limbs, etc. on -the site. The proponent is willing to remove this as a condition of approval. Mr. Frederiksen felt there should also be some erosion control em- ployed on the bank behind lot 345. '- Upon the motion Alice Akatyszewski and second of Christopher Nagger, the Order of Conditions will be written referencing the presented plan, requiring that all debris be removed, and that erosion control measures be employed behind lot 345. It was so voted. RAGONE A summary of the illegal fill which was found to be stored on Mr. Ragone's property was read to the Board (attached hereto) . It was noted that upon the serving of the Cease and Desist, Mr. Ragone voluntarily locked his gates and cooperated fully with the Commission. The fill material came originally from New England. Poorer and there is positive evidence that it contains petrochemical and expert opinion that it also contains coal ash. Both are unacceptable materials for a wetland area. Upon the motion of Alice Akatyszewski and second of Raymond Lavender, the fill material must be removed within fourteen days. It was so voted. MOOSE Mr. William McLaughlin of the Moose Lodge was present to seek permission from the Commission to begin work in the area away from where the culvert and manhole are to be constructed. Differing opinions as to whether the pipe under Highland Avenue has been cleaned or not have been received from the state DPW and this i will be reserached further. It was noted, however, that a state DPW permit must be obtained for the Commission's perusal before any construction or filling takes place according to our Order of Conditions. The matter will be taken under advisement and will be addressed at our first meeting in July. Minutes *of Meeting--June 14, 1984 Page 5 OLD BUSINESS It was noted that Mr. Martin' s land on Juniper Cove will be appraised on. Tuesday, so the matter of the land donation should proceed after that time. Paul Willis has promised the Conservation Trust information before our next meeting. En adjudicatory hearing was held regarding the appeal of the Fafard Order of Conditions and it will henceforth be under the jursidiction of DEQE who will issue a superseding Order. The Commission will have input into each phase review, however. PiTNUTES Upon the motion of Alice Akatyszewski and second of James MacDowell, the Minutes of June 4, 1984, were approved. It was so voted. There being no further business, the meeting was declared adjourned at 9:50 p.m. Respectfully submitted, Dale E. Yale Clerk f I �.r Salem, hlassachtist:tts 0197 NOTICE OF MEETING - You are hereby notified that the Salem Conservation Commission will hold. its regular meeting on Thursday, June 14, 1984, at 8:00 p.m. , One Salem Green, second floor conference room. - �,1 Philip D. Moran Chairman (I Tentative agenda: 1. Hewitt--Order of Conditions 2. Legg's Hill Pond 3. Gifford Russell 4. Ragone Sahlin. Massachusetts 01970 MINUTES OF MEETING June 4, 1984 The Salem Conservation Commission met at One Salem Green, second floor conference room, on Thursday, June 4, 1984. Present were Raymond :Lavender, Alice Akatyszewski, Glenn Yale, James MacDowell, Christopher Hagger, and Philip Moran. Also present were City Planner Gerard Kavanaugh and Conservation Aide Charles Frederiksen. Richard Femino and Associate Member Paul Willis were absent. The meeting was called to order at 8:05 p.m. HEWITT--PUBLIC HEARING Chairman Philip Moran read the notice of the public hearing. James MacDowell noted for the record that he will be abstaining from any participation in this application. Mr. Erland Townsend of T & M Engineering was present on behalf of the proponent and stated the project consists of the construction of two single-family dwellings on lots which were recently re-subdivided by the Planning Board. Each lot consists of approximately 16,000 square feet and are within the buffer zone. Some re-grading and re-shaping of the lots, par- ticularly in one corner of the buffer zone is anticipated.. Any fill re- moved during excavation will be used within the site or trucked away. Only clean fill will be used and they also intend to construct siltation control devices to place at the bottom of the banking until growth is re-established. Philip Moran asked how far into the buffer zone the d-.,ellings will encroach and Mr. Townsend replied one dwelling will encroach approximately eight feet into the buffer zOne. Glenn Yale noted that they plan to soften the contour slightly and Mr. Townsend replied in the affirmative, noting they plan to try and re-shape in some areas. Glenn Yale asked if any vegetation existed on the site and Mr. Townsend replied there is mostly scrub type vegetation, adding that some fill had been placed there in the past which was not placed there by his client. Philip Moran asked if these lots had been before the Commission previously and Mr. Townsend replied in the affirmative, adding that several years ago four lots were proposed to be developed. They have now reduced that number to three.. Mr. Moran recalled that some dumpoing had taken place on the property and Mr. Townsend replied there were some stumps, etc. They were amenable to a condition in the Order of Conditions recuiring that all unaccep- table fill materials be removed. Minutes of Meeting--June 4, 1984 Page 2 There being no further discussion and no members of the public present wishing to speak in favor or in opposition to the proposal, upon the motion of Glenn Yale and second of Alice Akatyszewski, the public. hearing was declared closed. It was so voted. Upon the motion of Glenn Yale and second of Raymond Lavender, the site will be inspected prior to our next meeting and the Order of Conditions written at that time. It was so voted. ERNEST DELPERO--EXTENSION OF ORDER OF CONDITIONS (n64-91) Attorney John Serafini Jr. was present to discuss the proposed extension of an Order of Conditions issued to Mr. Ernest DelPero for work on Webb Street. I The proposal consists of the construction of condominium units on pillars sunk into the mudflat at Collins Cove. Mr. DelPero has done quite a bit of the work, but needs a little more time. He noted that the project has minimal impact on the wetland. James MacDowell asked now long Mr. Serafini felt Mr. DelPero needed and Mr. Serafini replied he felt they would be finished with the project and would be coming back to the Commission for a Certificate of Compliance by the end of the year. They would be amenable to an extension of less than a year. Upon the motion of James MacDowell and second of Alice Akatvszewski, the Order of Conditions was extended for six months. It -was so voted. - LEGG'S HILL POND - Glenn Yale gave a brief update of the situation. It was reported by one of the residents of Linden Avenue that the pond level had dropped dramatically and quickly. Upon inspection, it was noted that the outlet nine which was placed in the pond as part of the Vinnin Square drainage project had been been removed, thus changing the invert elevation of the pipe and the level of the pond. The City of Salem has been mandated to keep the pipe free of debris and Mr. Mackey had been contracted by the City to perform this cleaning work. However, as an emergency measure, until such time as it could be as- certained what the appropriate level of the pond shouldbe, the outlet was _ temporarily dammed up_ The dam was removed by Marbla-head subsequent to that time and was again dammed up upon order of the Commission on anemergency basis. Mr. Yale stressed that the blocking procedure was only temporary until it could be determined what action was appropriate. James MacDowell noted that the Commission has plans of homes built on the Linden Avenue side of the pond dated March 1983, which put the elevation of the pond at 27.2. - Mr. Dana Snow of the Marblehead Water and Sewer Department stated that Marble- head had been maintaining the outlet pipe there for years in the absense of maintenance by Salem. The pipe is constantly being plugged up for skating purposes, vandalism, etc. He stressed that the pipe must be maintained in order Minutes of Meeting--June 4, 1984 Page 3 to maintain the water quality of the pond which directly impacts their well fields. He disputes the 27.2 elevation and expressed concern that if the pond level were too high the water quality would be adversely af- fected in their well fields. Fie felt the elevation should be four feet lower than what now exists. According to the Order of Conditions issued for the Vinnin Square drainage .project, the 18" pipe should be laid along the existing 10" pipe. Therefore, the pipe which was removed was laid into the center of the pond and the invert elevation should be relativelv clear. He added that in reality there should be no pond there at all. In the past the area was the site of many peat fires and the pond was only created as part of the drainage project. Philip Moran asked if the pond is within the boundaries of Salem and Mr. Snow replied in the affirmative. Glenn Yale asked if Marblehead had coor- dinated their efforts with Salem to maintain this pond propertly and Mr. Snow replied that Salem did not coordinate with Marblehead at all and the clean out of the pipe is practically a daily occurrence. Chris Hagger asked what exactly the water Quality issue was and Mr. Snow replied that the well was constructed in the late 1800' s and its use was discontinued in 1952. They have recently been under some pressure from the MDC to reactivate the use of that water supply. Chris Hagger asked what the yield would be and Mr. Snow replied .75 mgd. Philip Moran asked what_ specifically Marblehead would like to see and Mr. Snow replied they would like the elevation of the pond to be four feet lower than now. He is further concerned with the fact that Linden Avenue residents are using the pond for recreational. pursuits--who is liable? He added that the use of fertilizers, etc. could cause eutrification of the pond. Glenn Yale stated that those. residents felt their property lines ran out into the water. Mr. Snow stated that pond in its natural state is practically non-existent. If they begin pumping from their well again, the level will drop dramatically. The elevation as it is now could seriously affect their water quality because if the water runs into their well too quickly, they will be pumping surface water rather than ground water and the leaching effect of the water will be. affected as well. Chris Hagger asked what the size of the well was and Mr. Steve ,Benjamin of the Marblehead Water Department replied it is a gravel -well 60' deep and 30' in diameter. Mr. Snow stated they are concerned that if the elevation of the pond is too high, improper infiltration will take place. Chris Hagger felt this was not a concern. Nr. Snow stated that his consulting engineers had stated this concern. Glenn Yale asked what the elevation of the ;:ell was and Bir. Snow replied it is the same as the pond. Chris Hagger felt Marblehead's concerns were riot neces- sarily valid and felt the matter needed Pore discussion. Mr. Benjamin raised the issue of road salt contaimination of the well and Mr. Hagger agreed, but _ added that this is always a problem. Glenn Yale asked what Mr. Snow' s opinion of :here the pipe should be placed would be and Mr. Snow felt it should follow the contour of the bottom of the pond. Glenn Yale asked if Mr. Snow felt the invert hadbeen changed and Mr. Snow replied in the negative. - Minutes of Meeting--June 4, 1984 Page 4 Attorney �William Rendle representing Mr. Mackey stated that the pond should be tested three times a year by the Conservation Commission. To his knowledge this had not been done, even though the Order of Conditions specified that it must be done. The pond must be maintained as Class B. Regarding the elevation of the pipe, if the 18" pipe is set adjacent to the. existing 10 pipe at the same invert elevation, the elevation of the _road would be con- stant. He stressed that Salem must maintain this pond. They have a respon- sibility to Marblehead and to Mr. Mackey as an abutter as well. Philip Moran felt the whole matter needed a great deal nore study. There are several areas to look into and he suggested dealing with the matter again at our next meeting. Mr. Peach of the Marblehead Water Commission felt their engineer could provide input into this as well and it was agreed he should be invited. Mr. Albert Tremblay of Linden Avenue stated that aerial photos of the area show the pond to be higher thanitis now. The neighbors certainly do not wish to live on a swamp. It was further noted by the Commission that vegetation has established on the pond which make it subject to wetlands protection. Mr. Snow stated that if Marblehead begins to use their well again, there will. be no pond. GIFFORD RUSSELL-FRANKLIN STREET - A Cease and Desist order is still in effect on the property. Additional information from the Army Corps has just been received whichdoe._s not shed. too muchmore light on the situation. James MacDowel.l noted there is still some material being stored on the property which is in violation of the Order of Conditions. It was further noted there is a question of ownership of the property according to the Planning Board minutes of 1971. Mr. Russell replied he had a title search done and his land goes out to the center of the river. He added that the fill was there long before he owned the land. Glenn Yale noted that we still have no information as to what the actual contour should be. The Army Corps has indicated they would like all the fi.11 . -material removed--not just the- unsuitable fill; however, they will .abide by the Conservation Commission recommendation. Mr.. Yale feels that the Corps wishes the fill to be removed. He also pointed .out that the Cease and Desist was not limited to the subsequent Order of Conditions. The Order of Conditions did specify removal of unsuitable fill materials, but was issued for a -proposed marine railway which now is not going to be constructed. Mr. Yale feels all the fill should be removed. Alice Akatyszewski agreed. Mr. Russell felt a great deal of the fill material had already been removed. Upon the motion of Glenn Yale and second of Alice_Akatyszewski, a set of drawings at 20 scale shall be provided to the Commission defining what is currently on the site so that a definition can be made as to how to best handle the situation. It was so voted. Minutes of Meeting--June 4, 1984 Page 5 KERNWOOD Mr. Erland Townsend of T & M Engineering was present to informally discuss . a proposal for some repair work at the Kernwood Country Club. A retaining wall along the Danvers River is beginning to crumble and they propose to excavate in back of the existing wall and put a new retaining wall in place, leaving the existing wall there. Glenn Yale asked if there was a potential for damage by excavation and Mr. Townsend replied they intend to do a section at a time, skipping a section in between in order to avoid this problem. There is also a smaller existing wall adjacent to a small pond which is crumbling. The pond is controlled by a control structure and they wish to stabilize this wall with gabions. He questioned whether this needed two filings or what the wish of the Commission would be. The consensus was the a full Notice . of Intent would be required for each project. Mr. Townsend then noted there is an existing wooden wall on the seventh tee which is in urgent need of repair. They would like to go in on the outside, leaving the present wall in place and construct another wall and reinforce with gabions. He felt this definitely should be a full Notice of Intent. - - - -- Chris Hagger raised the issue of where any excavated materials would be placed. and Mr. Townsend replied they will be taken off site. - MOOSE - Mr. William McLaughlin of the Moose Lodge was present to state that the pipe tinder Highland Avenue has been cleaned and is now flowing. They dish to begin their project and would like a letter from the Commission giving them permission. Charles Frederiksen spoke with Mr. Eidelmann of the DPW and he stated that the pipe had not been cleaned, though any blockage may have been pushed out by the pressure build -up as result of the recent heavy rains. Mr.. Eideleman. - raised the issue, however, of the possibility of the _pipe under Highland , - Avenue being replaced altogether. - Glenn Yale asked if any timetable was given for the possible replacement and Mr. Frederiksen replied it had not yet gone out to bid. Mr. McLaughlin stated that the water is flowing and they would like to proceed. The State work could take a long time and they would like to begin. whatever takes place as far as replacement of. the drain pipe would not affect them. They will maintain trash racks, etc. during construction and will construct an access manhole for their project. They are anxious to begin. The Commission will inspect the area and will communicate with the Moose subsequent to the inspection. Minutes of Meeting--June 4, 1984 Page 6 RAGONE A complaint has been received from residents of Swampscott Road regarding the type of fill material being placed on Mr. Ragone' s property. It has been ascertained that the material is coming from the nosier plant and there is question as to whether it is toxic. bEQE has stopped the project and Charles Frderiksen has taken samples of the fill. The proponent will provide test results of the fill material and the Com- mission will also look into the matter further. A Cease and Desist is now in effect on the project, so no more work will take place until the matter can be resolved. MINUTES Upon the motion of .Alice_ Akatyszewski and second of Raymond Lavender, the minutes of the previous meeting were approved. It was so voted. OLD. BUSINESS The adjudicatory hearing for Fafard will take place on Tuesday, June 12, - 1984, at 10:.00 a.m. Gerard Kavanaugh will attend on behalf of the Commission. He would like some guidance from the board as to what is desi:.cd_ Mr. MacDowell felt the Order of Conditions. speak for themselves. The Commission would like to retain control over the project and if an aTenrdment to the conditions allowing for appeal over each phase is needed, that would be agreeable. Mr. Moran noted that the Stuart Martin land issue is proceeding. The Phoenix School has indicated a willingness to perform some maintenance work in the Conservation Area in the Fall and a letter will be sent to them _ acknowledging the Commission's support for this proposal_ Regarding the Legg's Hill Pond issue, upon the motion of Glenn Yale and second of Raymond Lavender, some semblanc of level shall- be maintained on the pond until a resolution of the issue is achieved_ It was so voted. There being no further business, a motion was made to adjourn. Having passed unanimously, the meeting was declared adjourned at 10:30 p.m. - Respectfully submitted, Dale E. Yale Clerk i f ' 1 ` 2?-( s�[[ i ,pr�oPOSED ovERFLow = 27. 30 3 MA X G" .S t1/L L POND , WA r`R L�VZ-L. 2 7 6 9 oc T-/;?N o� nVi7 "FL:w I . Tb MAX. SL�PE 4,�' AjL y4 NCS z rk g , r .r TBM `AWT MAkk `..�R co✓ER r�, srEEL c�Nc.. WEA L WEAL a 1 EL 3/_45 � — �=�-►�Ek j I I c 1 Cl rY of SALEM , MA. / y/L L y'UND ovTc,Cr CONT a v uRE R L. S TR C T - 3C�4LE . DATE S - 9 66 DWIG AIC 5"/33 ._.• ,. ...... . k'..: ., - . .. _ .. _.: -. :;Vii. .: ;j �7.yi•".� .i ��, :Fe,�•d -- - ... -., .. ., t.,. , _, ..,. .,.�•a_....... ..... >..".1_.as.._..-�',...xt�i�¢.'h-s— .ttFF:£�.:J.f7Y:t:T.ak'@�E.... .:,.....ab6 .. rt;�ii.A�.��aYAwC.a"'=4,«-:;'s .3i }3",JS,..n.'�'*:<.s,w.,..+.",'l�rt..,' Nta�x' �