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24 SAUNDERS STREET - CONSERVATION COMMISSION (ZD+� 24 Sa.w„dlen � .CONDI CITY OF SALEM 9 DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT STANLEY J.USOVICZ,JR. MAYOR 120 WASHINGTON STREET•SALEM,(MASSACHUSETTS 01970 JOSEPH P.WALSH,JR. TEL:978-745-9595• FAX:978-740-0404 DIRECTOR MEMORANDUM TO: Salem Conservation Commission FROM: Denise S. McClure, Deputy Director& Department of Planning and Community Development DATE: September 9, 2003 RE: Status of the Enforcement Order for 24 Saunders Street As you know,on July 24,2003 the Conservation Commission issued an Enforcement Order for the parcel located at 24 Saunders Street. The owner of the parcel was excavating and stockpiling contaminated soils within a riverfront area without the approval of Salem's Conservation Commission. The Enforcement Order contained seven conditions, which is attached to this memorandum. I would like to take this opportunity to provide a status report as to the conditions that were set forth in the Enforcement Order. All of the conditions, except for Conditions #4 and#1 were completed on time and as required by the Conservation Commission. Condition#4 allowed the applicant to perform additional excavation at Site S-9 (the Tank Grave). The Order required that the excavation be completed by July 31, 2003. If the applicant required additional time to complete this excavation,the applicant could submit a request in writing for an extension of time. This Condition was not completed by July 31,2003,although the applicant did request an extension. The extension was granted by the Conservation Commission Agent. Following that time, Condition #4 was completed in accordance with the Enforcement Order. Condition #1, the removal of the stockpiled contaminated earth material was required to be completed by August 8,2003. The stockpiled material was not removed by August 8,2003,thus the applicant was in violation of the Enforcement Order. The applicant was notified of this violation (see attached letter) on August 12,2003. As stated in the attached violation letter,the Conservation Commission can discuss and determine whether a fine will be issued for each day that the site is not in compliance with its Enforcement Order. A fine of up to $200 per day for each day that the violation exists can be required by the Conservation Commission. The stockpiled contaminated earth material was not removed from the site until September 4,2003. Based on this date,the applicant was in violation of the Enforcement Order for a total of 26 days, thus the Conservation Commission could fine the applicant up to $5,200 for this violation. Please feel free to contact me if you have any questions or need further information. Massachusetts Department of Environmental Protection DEP File Number. Bureau of Resource Protection - Wetlands WPA Form 9A - Enforcement Order Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. Violation Information Important: When filling out This Enforcement Order is issued by: forms on the Salem 7/24/03 computer, use Conservation Commission(Issuing Authority) Date only the tab key to move To: your cursor- do not use the Riverview Realty Trust/Julianna Tache return key. Name of Violator - 208 Derby Street, Salem , MA, 01970 Address 1. Location of Violation: �a Same Property Owner(if different) 24 Saunders Street Street Address Salem 01970 City/Town Zip Code Map 36 parcel 87 Assessors Map/Plat Number Parcel/Lot Number 2. Extent and Type of Activity: Excavation and Alteration within the 200-foot Riverfront Area to the North River without prior approval from the Salem Conservation Commission. B. Findings The Issuing Authority has determined that the activity described above is in violation of the Wetlands Protection Act (M.G.L. c. 131, § 40) and its Regulations (310 CMR 10.00), because: ® the activity has been/is being conducted without a valid Order of Conditions. ❑ the activity has been/is being conducted in violation of the Order of Conditions issued to: Name - Dated File Number Condition number(s) WPA Form 9A Page 1 of 3 Rev.0]l00 Massachusetts Department of Environmental Protection DEP File Number: Uf Bureau of Resource Protection -Wetlands WPA Form 9A — Enforcement Order Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Findings cont. 9 (cont.) ❑ Other(specify): C. Order The issuing authority hereby orders the following (check all that apply): ❑ The property owner, his agents, permittees, and all others shall immediately cease and desist from the further activity affecting the Buffer Zone and/or wetland resource areas on this property. ❑ Wetland alterations resulting from said activity should be corrected and the site returned to its original condition. ® Complete the attached Notice of Intent.The completed application and plans for all proposed work as required by the Act and Regulations shall be filed with the Issuing Authority on or before August 28, 2003 Date No further work shall be performed ntil a public hearing has been held and an Order of Conditions has been issued to regulate said work. ® The property owner shall take the following action to prevent further violations of the Act: See Attached Conditions Failure to comply with this Order may constitute grounds for additional legal action. Massachusetts General Laws Chapter 131, Section 40 provides: "Whoever violates any provision of this section (a) shall be punished by a fine of not more than twenty-five thousand dollars or by imprisonment for not more than two years, or both, such fine and imprisonment; or (b) shall be subject to a civil penalty not to exceed twenty-five thousand dollars for each violation". Each day or portion thereof of continuing violation shall constitute a separate offense. WPA Form 9A Page 2 of 3 Rev.02/00 1 Massachusetts Department of Environmental Protection DEP File Number: Bureau of Resource Protection -Wetlands WPA Form 9A — Enforcement Order Provided by DEP Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals/Signatures An Enforcement Order issued by a Conservation Commission cannot be appealed to the Department of Environmental Protection, but may be filed in Superior Court. Questions regarding this Enforcement Order should be directed to: Dor\ C¢�cAO Name 9-t8-1`15-`�5�5 •x3�� Phone Number `tom—W 'A.uWcrv. — `i:oa�� '��. g:uOow^ °7:aopr�� F SOXy. _ t2Nua'.� Hours/Days Available l Issued by: SC'-\UV-\ Conservation Commission In a situation regarding immediate action, an Enforcement Order may be signed by a single member or agent of the Commission and ratified by majority of the members at the next scheduled meeting of the Commission. Signaturesjf� i J� i delivery person or ce f mail number W A Form 9A Page 3 of 3 _ Rev.OMO Salem Conservation Commission ENFORCEMENT ORDER CONDITIONS 24 Saunders Street 1. The stockpiled contaminated earth material shall be removed from the site under the supervision of a licensed site professional as soon as possible and in no event later than August 8, 2003 (two (2) weeks from the date of this Enforcement Order). 2. On Jul 25 2003 the applicant and/or his/her representative shall cover these stockpiles with Y PP P kP plastic, install construction fencing around the stockpiled material, and install warning signs on the fencing until the stockpiles referenced in Condition 1 (above)have been removed. 3. Construction fencing and posted warning signs shall be installed immediately to enclose the open excavation area(s); installation of this fencing must be completed by July 25, 2003. The. fencing and warning signs shall remain until the excavated area(s) are filled with clean material, pursuant to relevant conditions below. 4. Excavation Site S-9 ("Tank Grave")—Additional excavation to remove contaminated soils in Excavation Site S-9 is permitted on a limited basis: this additional excavation shall only occur at Site S-9 and shall not extend from that site beyond the boundaries of Pearl Street right-of-way to the north and Gas Easement to the west, as shown on the submitted site plan. This additional excavation must be completed on or before July 31, 2003. In the event that the applicant requires additional time beyond July 31, 2003 to complete this excavation of contaminated soils at this location, the applicant shall submit a request in writing for an extension of time to the Salem Conservation Commission, acting through its Conservation Agent. Once the additional excavation of Site S-9 is completed, the applicant shall fill this site with clean fill materials under the supervision of a licensed site professional. 5. Excavation Site S-8 - The applicant will submit to the City of Salem City Engineer for review and approval a stamped engineering plan for the restoration of Site S-8, using clean fill materials and at a grade acceptable to the City Engineer. The applicant shall seek this approval on July 25, 2003. In the event that such approval is not granted by the City Engineer on July 25, 2003, the applicant shall install construction fencing and warning signs to enclose the open excavation area until such time as the approval is granted and the site is restored. 6. The applicant is permitted to perform an additional ten (10) test borings throughout the site in order to achieve a reasonable density for the area. This additional test information shall be included within the Notice of Intent filing for the September 11, 2003 Conservation Commission meeting. 7. The applicant shall submit a Notice of Intent application no later than August 28, 2003 for the September 11, 2003 Conservation Commission meeting. oar 5wg� Al CITY OF SALEM DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT STANLEY J.USOVICZ,JR. MAYOR 120 WASHINGTON STREET•SALEM,MASSACHUSETTS 01970 JOSEPH P.WALSH,JR. TEL:978-745-9595•FAX:978-740-0404 DIRECTOR August 12,2003 Attorney John R. Keilty Keilty Law Offices 40 Lowell Street Peabody, MA 01960 RE: Enforcement Order Non-Compliance for the Parcel Located at 24 Saunders Street Dear Attorney Keilty: It has come to my attention through numerous site visits, that the parcel located at 24 Saunders Street is not in compliance with Condition#1 of the Enforcement Order issued by the Salem Conservation Commission on July 24, 2003. Condition #1 reads the following: "The stockpiled contaminated earth material shall be removed from the site under the supervision of a licensed site professional as soon as possible and in no event later than August 8, 2003 (two (2) weeks from the date of this Enforcement Order)". As of the date of this letter, the stockpiled contaminated earth material has not been removed from the site. According to the City of Salem, Ordinance Pertaining to General Wetlands, it states that, "Any person who violates any provisions of this Ordinance or any condition of a permit issued pursuant to it shall be punished by a fine of not more than $200.00. Each day or portion thereof during which a violation continues shall constitute a separate offense" The Salem Conservation Commission will discuss and render a decision concerning whether a fine will be issued for each da),that the site is not in compliance of its Enforcement Order at their September 11, 2003 meeting. Please contact me at the Department of Planning and Community Development at (978) 745-9595, extension 311 if you have any questions. Sii rely, Don Cefalo Salem Conservation Commission Agent Cc: Joseph P Walsh, Director, DPCD Atty.John Keenan, City Solicitor Tom St. Pierre, Acting Building Commissioner Bruce Thibodeau, City Engineer City Councilor Regina Flynn . Salem Conservation Commission Department of Environmental Protection - NERO I �CO"T,k CITY OF SALEM DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT STAN LEY J. U SU V IC Z,J K. MAYOR 120 WASHINGTON STREET*SALFM,MASSACHUSETTS 01970 JOSEPH P.WALSH. 1R. TEL:978-745-9595 • FAX:978-740-0404 DIRccioR August 12, 2003 Attorney John R. Keilty Keilty Law Offices 40 Lowell Street Peabody, MA 01960 RE: Enforcement Order Non-Compliance for the Parcel Located at 24 Saunders Street Dear Attorney Keilty: It has come to my attention through numerous site visits, that the parcel located at 24 Saunders Street is not in compliance with Condition if 1 of the Enforcement Order issued by the Salem Conservation Commission on July 24, 2003. Condition N1 reads the following: "The stockpiled contaminated earth material shall be removed from the site under the supervision of a licensed site professional as soon as possible and in no event,later than August 8, 2003 (two (2) weeks from the date of this Enforcement Order)". As of the date of this letter, the stockpiled contaminated earth material has not been removed from the site. According to the City of Salem, Ordinance Pertaining to General Wetlands, it states that, "Any person who violates any provisions of this Ordinance or any condition of a permit issued pursuant to it shall be punished by a fine of not more than $200.00. Each day or portion thereof during which a violation continues shall constitute a separate offense" 'The Salem Conservation Commission will discuss and render a decision concerning whether a fine will be issued for each day that the site is not in compliance of its Enforcement Order at their September 11, 2003 meeting. Please contact me at the Department of Planning and Community Development at (978) 745-9595, extension 311 if you have any questions. Si�erelly, Don Cefalo Salem Conservation Commission Agent Cc: Joseph P Walsh, Director, DPCD Atty. John Keenan, City Solicitor Tom St. Pierre, Acting Building Commissioner Bruce Thibodeau, City Engineer City Councilor Regina Flynn Salem Conservation Commission Department of Environmental Protection - NERO " , � .�'- -� � �. . .� r g/7/o z S�M�� ; s� l ' 3 1 U G 9 5 3 6 �'i,_,�,t�t;.�u�-- .Sc ., s -"4' ^ _ - ---�-r--'fir-� r �- _�� t F... : T '.F fQ ./ .'moi �S 1f^ r ,i ; �� z � l l 003S36 f'�,.N7t5i: JL i I .,f:'�; f N .• A' R 7 1 3 10 0 3 5 3 8 �'ULtitiUIUU S. `�-.� �. ^� i �� „'`S j .' a L �C i i �;� �_ ,� __�. �_ . �� 4. l i l a 'I G G 3 5 3 8 �ULNCSUIU�JZi 270 SammA+rs s4-, 1 1 ! 3 i D 6 3 5 3 8 NU��ctUlU'� JL j a w� i1731003538 fULHnUIil`� aL� �, a:Ail- • ��•,t�`. IU03538 f'J_r,i1J;J" SG r 53-179 J. G & G TRUST 13 N° 1217 PAAY MOUNT �'0 d/ ? '� DOLLARS , d 0 DATE CHECK N0. TO THE OROE OF DESCRIPTION CHECK AMOUNT jhqjcq aa, ,�. 70. $ a oo 00 1 a a�x EASTERN BANK-SALEM, MASSACHUSETTS . 01970 10000, 11800 1 2 1 78m 1:0113017984 40 1 7 7 2 70 211' V. a y Massachusetts0epartmentofEnvironmental Protection Salem r• . BureaU:ofResource Protection,-Wetlands. c0.vrrowm _ . P.k Form 1-Re uestforDetermination:ofAPPlicabili ty MassachusettsWetlands PmtectlerrAct.M'.G.L.c:.131` pal 1 - - j A.. General-informatiorr- Important: - a Wherrfilrinp:ouC 1 Applicant forms on the Riverview Realty Trust Julianna Tache, _ computer;use only the tab key- Name. E-Mail Address(if applicable) to move your 2088 Derbv,_Street _ cursor—do not Mailing;Addnm& use the return- Salem MA Q1970 — key.. cayrrown State: Zip Code- 978-745-2004 11� Phone Number Fax Number(if applicable) 2-�- Representative(ifany):-SP Engineering, Inc. Flan Brucer Poole Contact Names E-Mail Address(if applicable) P.O.. Box 848 .. MallingAddress. _. Salem MA 01970 _ Cltyrrown- State. lip.Coee 978-745-4569 I•hono Number Fax Number(if applicable) B. Determinations: 1. I request the Salem make the following.determination(s). Check any thatapply: uonservabon Commimion ❑ a. whether the area depicted on plan(s)and/or map(s) referenced below is an area.subject to. juesdlction of lire Wedanda Protection net Q b.whether the boundarieaof resource area(s)depicted on plan(s) and/or map(s) referenced, below are accurately delineated. ® c.whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act Q d.whether thearea and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance-or bylaw of: Name of Municipality ❑ e, whether the following scope of alternatives is adequate for work in the Riverfront Area:as depicted on referenced plan(s). WPA rami Pop 1 of Aw.O7N0 Massachusetts:Departmentof.Environmental"Probecticm sale>n_ Bureau.otliesource Protection,-Wellandss °tYfr0M1 1NP FPCIITIT. 1'- Request.forDetermination,ofApplicability,- MassaehuseasWetlands_protection-Act M'.G.L. c_T11 ,§40: C.,Project Description. a° 1' a.. 'Project Location (use maps,and.plans:to.identify the location of the areasubjeetto:this.request):: s 24 Saunders Street Salem, MA - —. StreetAddrMS City?M"n- MaD 36 Parcel 87 ASaeasoreM.Rpat Number Paroel/Lot Number b. Area Description (use additional paper, I necessary): 2 acre vacant lot, former site of the Salem Shoe Factory c. Plan and/or MapReference(s):. Figure one Site Locus Riverview Dote!! ' - Date= _ Figure Two - Site Plan Riverview 6/20/03 2 a. Work Description (use additional paper and/or provide plan(s) of work; if necessary): SEE ATTACHMENT —� _ b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). FW2 a, WPA Fermi '-�< r '.:�"iA .Al. _,33Y t .. � ,l( ' 1f •� yf µ -• � Y tX Kr T Massachusetts:DepartnientofEnvironfnentALP"robectiom saTem Bureau:ofResourceiFrotec6ati--Wetlands _ cayrroWm V1 RK Form'(--Regpestfor. Determination..ofApplicability Massachusetts Wetlands:PnotecdomActM G L-ml'31, §4Q` ' C: Project.Descriptiom_(Con*r ,+ 3. a.. If this.application is.a Request1br-Determinatiort Vf ScOP&OCAlternatives for work in the Riverfront-Area; indicatethe:one classification below that best.describes the:project. Q Single family house on a lot recorded on or before!8/1/96. Q Single,family house on a lot recorded after 8/1/96" 17 Expansion of-an-existing_structure orralotrecorded.after8/1796: ❑ Project;other than asingie family house or-public project;,wherL-.th#--.applicant.-owned the Iot before:8/7/96 (1 New agriculture:oraquacultureproject, ❑. Public projectwhemfundswere'appropnated�prior to.8f7/96 ❑, Project-nn aaotshcwn on an approved; definitive:subdivisionplan where there is a.recorded deed restriction limitinglotal alteration ofthe:Riverfiont-Area-forthe:entire subdivision- �. Residential subdivision: institutional,industrial,,orcommercial.project Municipal project ❑ District;county, state,,orfederal government project ❑ Project required to evaluate nff-Rite alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an altematives analysis pursuant to an , application fora 404 permit from the U.S. Army Corps of Engineers.or401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence(e.g., record of date subdivision lot was recorded) supporting the classification above(use additional paper and/or attach appropriate dnnument% if necessary.) Pr Papa3 of 4 WPAFp l Rw.O= 4 avJ .,»a 's^P•kiR n...'`gaa t'u. - N Massachusoft DepartnentofEnvironmentaLProtectiory Salem Bureau:of Resourmw Rotectiom—Wetlands cayir=n WIFA. Form, I- R. equest:forDeterminatibn:ofApplicability.- Massachusetts_Wetlands�Protection Ac M.G.L'_.m131',.§40: D_Signatures�and Submittal.Requirements, - - I hereby certify underthepenatbes of perjury that theforegoingr.Request for Determination-ofaApplicability anda=mpanying plans, documents; and supporting data are-true and.complete.to.thebest of'my- knowledge: I furthercertify thatthe property owner, if different from the applicant_and theappropriate DEP Regional Office(see Appendix A)were sent a complete copy of this Request(including all appropriate documentation)simultaneously with the submittal of this.Request to the.Conservation Commission. Failure by the.applicant to sendcopies.in a.timely manner may result in dismissal ortheRequestfor- Determinatiotr of'Applicability.. Name and address:of theproperty owner Riverview Realty Trust _ Natrra C70 Tache Realty - 208 Derby RtrpPt Mailing.Addres¢: Rat nm i cay/romew INA OT970 L _ i state. 'Zip:Cade. i Signatures I also.understand that notifi n of this Request will be placed in a local newspaperat.my expense in acrnrdance Sec' 0 )(b)(1) of the Wetlands-Protection,,Act/regullaation& Trustee . a L Lam.. le- Applieant Atr. 7— Y0�President 7/ 10/0-3 — signature of Representative(if any) Oat! WPAFa Page•ofa. Rev.M= rwa va✓r r �� LV14 Al PACHMI NT=RIVERVIEW WORK.DESCRIPTION A.Chapter21E Phase II.Enviconmental'Site Assessment conducted on May 27, 2003, excavated 13 test pits by backhoe over the 2.66 acre site. Subsoils were characterized, photographed and sampled for chemical analysis. Figure One, shows the Site Locus. Three areas of white and grey ash were found on lots 2, 5& 6. The ash in two areas(2& 5)had been deposited before the road was built in the late 1890's. The other area of coal ash(Lot 6)was located beside the shoe factory boiler room and was more recent-. Photographs of the ash layers are enclosed. The ash layers ranged from 14' thick and contained lead levels greater than the DEP reportable concentration for an S-2 (commercial) property of 600 mg/kg. Therefore, in accordance with the Mass. Contineency Plan 310 CMR 40.0315, Section 1, a release to the environment that exceeds the applicable criteria must be reported to DEP under 40.0331 within 120 days or perform a Limited Removal Action (LRA) to remove the source of release within the same period. The applicant desires to protect the environment and human health by removing the identified areas of ash, containing the ash/soil in plastic outside of the buffer zone and transporting the waste to a secure licensed landfill in New Hampshire or recycling facility in Maine. The removal in Lot 2 will impact an area 2800 sf by 3-4' deep, the center of which is approx 120' from the edge of the North River. The excavation in Lot 6 will impact 3200 sf to 2' down approx. 100' from the north river. The land is presently covered by tall grasses, small Locust trees, Knotwood and Sumac. No wetland species were observed on the site. The removal areas are shown on Figure Two, the Site Plan. The Lot 5 removal area(2400 sf) and the designated ash stockpile areas are greater than 200' from the river. Excavations will be backfilled to cover groundwater within a day and when the sidewall test results, are completed and it is determined that further removal is not necessary the excavation will be brought back to grade with clean fill. Initial Lead analyses for removed and remaining soil are enclosed. The denuded areas will be seeded and fertilized to prevent erosion by rain or wind. While historical wood and coal ash fdlinz has a specific exemption to reportine under 310 CMR 40.0317, Section 9, particularly for Lead. the ash lavers are a continuinn source of metal release to the eroundwater,which ends up in the river. Therefore, the applicant desires to remove the material in accordance to and under the jurisdiction of the MCP regulations. z�� Gglt Course �� /z Bates sinpery �r� �� : �� r ee n la; n I 0 /r�--�,`��,� ��1 NT Fckerzrg ShP 'fan�� _ell 10 y Grove J� \�\ \.� �� /. `EiNt \ /C\�/ Jv✓ \/ ��Id So/ \ A. Le\6 � r BM Park 1 C Y � Commo / �gv a•) ifs / ji�� r"e= fa _J Sc iJ • yJL � Off\ Ui ;/ �✓ �\ / ` \, �� es x �J��_ J, fa � �� Bowditc%f�� Lf3.+1�w.. RO 4, r�✓C / ice'�� N e I 32 2 ° h ' \\. 1 Park _ R � l T rr vg � IJSch �� p 5u�sta CS PIaY$K9u�c � PaZm� Substa \� �•'• Salem CJ) t4 I '. Hospital C 16 ��o�ANx . N GN�A� %'� oh co , N� FIGURE ONE / / SITE LOCUS RIVERVIEW seh- Golf Course 45�M �` .v.9+• v� _ .sib' �.e A iV TEST PIT #1. x CLEAN SAND § u v� w 3"•""5'�'." '' '`s k '' '€>yr'�1:K b ! -,mg i" 4r "Y$4ti x � t• �P Nlr ^ x`4;2 4.4.. tz< C' K' t t TEST PIT 42A, GREY ASH LAYER 2-51, NOTE MONITORING WELL ON LEFT SAUNDERS & PEARL STREET SALEM, MA ti e T 3 �- #�Izt�_�# ,,yam « Sad.' a,. r,q ,' S•ko- —, ,* -r i ,`?R` '�. 3- •..r_®vp 1+, �Y9:glay Ks.a IX;r�X 1 _ `4 s 3ti" c Vil u w � i arm w � 9 « 3 D ENGINEERING • TECHNOLOGY P.O. Box 848 Salem,Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4881 Client: George Fallon _ Date: July 9, 2003 208 Derby Street Salem, MA 01970- - Saunders & Pearl Street - Lot 5 Former Salem Shoe Factory LAB CERTIFICATION#:M-MA034 LABORATORY REPORT Sample Type: Clean Sand, 1-3' Top Soil, 1' Grey Dust & Loam, .5-1' Sample From: Pile-1 Pile -2 Pile-3 Sample ID#: 0306094 0306095 0306096 Method# Date Lead mg/kg 471 615 191 220.1 07/02/03 i i i - S-1 Residential Limit= 300 mg/kg S-2 Commercial Limit=600 mg/kg Sampled By: B. Poole Sampled On: 06/30/03 Sample Received: 06/30/03 This information contained in this report is, to the best of my knowledge accurate and complete. Date: Laboratory Director: ry: ENGINEERING • TECHNOLOGY tP.O. Box 848•Salem,Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4881 Client: George Fallon Date: July 9, 2003 208 Derby Street Salem, MA 01970 s Saunders & Pearl Street -Lot 5 Former Salem Shoe Factory LAB CERTIFICATION #:M-MA034 LABORATORY REPORT Sample Type: Removed Soil Remain Soil Soil Sample From: Day 1 - 60 cy North Sidewall 1-3' Bottom Excavation Sample ID#: 0306097 0306098 0306099 Method# Date Lead mg/kg 508 17.3 49.2 220.1 07/02/03 i S-1 Residential Limit= 300 mg/kg S-2 Commercial Limit= 600 mg/kg i Sampled By: B. Poole Sampled On: 06/30/03 Sample Received: 06/30/03 This information contained in this report is, to the best of my knowledge accurate and complete. Date: Laboratory Director: � D ENGINEERING • TECHNOLOGY P.O. Box 848•Salem, Massachusetts 01970•Telephone: 978-745-4569-Fax: 978-745-4861 i i Client: George Fallon • - Date: July 9, 2003 208 Derby Street - Salem, MA 01970 s - Saunders Street Former Salem Shoe Factory LAB CERTIFICATION#:M-MA034 QA/QC LABORATORY REPORT FORM Blank MDL LCS RPD Date Lead mg/kg 0.002 5 100.2% 14.0% 07/02/03 i MDL=Minimum Detection Limit LCS=Percent recovery of known standard RPD=Relative percent deviation of duplicate sample (A-B)x(l00) (A+B)x(1/2) The information contained in this report is, to the best of my knowledge accurate and complete. Date: Laboratory Director: •+�'. :.p �S ,�+ae'asa�§�n,.r a � < sw-:r �+-i £nNxn-,.�"r�-wa�t �i ,zaf.. �v��.,s� a- y -_ f - . .�k"'sti A" z 42-:Xk2t.�o'�",-�e'-+r�'»�4... ;a ...,✓��h,�„.`�� 1� � � - ss my .„t � 3 I EF tic, I J 1 1 i I I lolol�lfllfll�hl 1 1 1 1 1 1 a i / _ I T' I z a Ud �Z N � l� 04 C PENGINEERING • TECHNOLOGY P.O. Box 648•Salem,Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4861 Client: George Fallon ' Date: July 9, 2003 208 Derby Street Salem, MA 01970 Saunders & Pearl Street - Lot 5 Former Salem Shoe Factory LAB CERTIFICATION #:M-MA034 LABORATORY REPORT Sample Type: Soil— 1-3' Soil— 1-3' Soil 1-3' Removed Soil Sample From: East Sidewall South Sidewall West Sidewall Day 2 —60cy Sample ID#: 0307001 0307002 0307003 0307004 Method# Date Lead mg/kg 209 351 10.4 1468 220.1 07/03/03 S-1 Residential Limit= 300 mg/kg S-2 Commercial Limit= 600 mg/kg Sampled By: B. Poole Sampled On: 07/01/03 Sample Received: 07/01/03 This information contained in this report is, to the best of my knowledge accurate and complete. -7%9I03 r 4V� Date: Laboratory Director: PENGINEERING • TECHNOLOGY P.O. Box 848•Salem, Massachusetts 01970•Telephoner 978-745-4569•Fax: 978-745-4861 j i Client: George Fallon Date: July 9, 2003 208 Derby Street ' Salem, MA 01970 - Saunders Street -Lot 5 Former Salem Shoe Factory LAB CERTIFICANION#:M-MA034 ----------------------------------------------------------------------------------------------------------------------------- QA%QC LABORATORY REPORT FORM Blank MDL LCS RPD Date Lead mg/kg 0.007 5 102% 12.6% 07/03/03 MDL=Minimum Detection Limit LCS= Percent recovery of known standard RPD=Relative percent deviation of duplicate sample (A-B)x(100 (A+B)x(1/2) The information contained in this report is, to the best of my knowledge accurate and complete. Date: Laboratory Director: 'ze r •.vas'--6. _ �. _ t ._ i •� ,RVP:_. � F u aC.'�.' nq� it.r 4`I� f ' •'�� _i `I wG.7'- t"'.i "�*mv�c 's +dL'S+^s -^v x x I.CA. �. £... r ` � F � �.`z?•�,��+,r w fib= �� '�' .x y c -•IC - _ _ a +� 3 � n � k T�l`°�-e� : 1"', I liw I I01019101IIIIIII1- i �J I i l i l l i i l l l l l l l � I =•�� • V I I I III 1 1 1 1 1 1 i�'. ,i. Ifa , I R ZCLZM I� � S U y L m I _ ( I [ e I C C P)ENGINEERING • TECHNOLOGY P.O. Box 848•Salem, Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4681 Client: George Fallon p ' Date: July 9, 2003 208 Derby Street _ Salem, MA 01970 Saunders & Pearl Street - Lot 6 Former Salem Shoe Factory LAB CERTIFICATION #:M-MA034 LABORATORY REPORT Sample Type: Soil Soil Soil Sample From: East Sidewall, 0-2' South Sidewall, 0-2' West Sidewall, 0-2' Sample ID#: 0307006 0307007 0307008 Method# Date Lead mg/kg 3085 1186 2628 220.1 07/09/03 S-1 Residential Limit=300 mg/kg S-2 Commercial Limit= 600 mg/kg Sampled By: B. Poole Sampled On: 07/02/03 Sample Received: 07/02/03 This information contained in this report is, to the best of my knowledge accurateandcomplete. Date: Laboratory Director: I � P)ENGINEERING • TECHNOLOGY P.O.Box 848•Salem, Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4881 Client: George Fallon _ Date: July 9, 2003 208 Derby Street ° Salem, MA 01970 Saunders & Pearl Street - Lot 6 Former Salem Shoe Factory LAB CERTIFICATION 4:M-MA034 LABORATORY REPORT --------------------------------------- Sample Type: Soil Soil Removed Soil, 120cy Sample From: North Sidewall, 0-2' Bottom, 0-2' Excavation Day 2 Sample ID#: 0307009 0307010 0307011 Method# Date ---------------------------------------------- Lead mg/kg 5395 1294 4009 220.1 07/09/03 S=1 Residential Limit=300 mg/kg S-2 Commercial Limit= 600 mg/kg Sampled By: B. Poole Sampled On: 07/02/03 Sample Received: 07/02/03 This information contained in this report is, to the best of my knowledge accurate and complete. -7/9 /0,3 Daze: Laboratory Director: ENGINEERING • TECHNOLOGY P.O. Box 848•Salem, Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4881 Client: George Fallon Date: July 9, 2003 208 Derby Street ° Salem, MA 01970 _ Saunders Street -Lot 6 Former Salem Shoe Factory LAB CERTIFICATION 4:M-MA034 ---------------------------------------------------------------------------------------------------------------------------- QA/QC LABORATORY REPORT FORM Blank MDL LCS RPD Date Lead mg/kg 0.002 5 100.4% 8.3% 07/09/03 MDL=Minimum Detection Limit LCS=Percent recovery of known standard RPD=Relative percent deviation of duplicate sample (A-B)x(100) (A+B)x(1/2) The information contained in this report is, to the best of my knowledge accurate and complete. 7/9/O,3 -410-� Date: Laboratory Director: � I I - I I I al i °� � lololdol©lol I I I� I I I I -` I I a !. � � • IIIIIIiillllll I. o ro Imo. r =. < m ' MJI a a ,q .. _ Jp y ' - - �) �IVI��/I{f� T �sf r we •a ;�'� r t �.�� i ;; i. . .49 43, Tache Real Estate REALTORS 1 103 c, _ � G.a►.x��►oNs � �y fib, i',5�,.,1�►w . v�o�r� r�Lc�-`t*��}��.a.. �w)�er►-cQ.>r.�-fir ©Yrs.._ e� Ljott IzQ&'- af -1041A -:1 Ste'F_enc 7� t�eSLA%t>n� t q t d�� -vG,p , t .r�'ttvyG a. r• it�ts Ckth -ko S urma 4c oocrm a , tae-- vc�wn .00WJ;a 00't ;141A�- e. Jx d�wQ, k-0 rte: CAa- tri 0. '5� 6A^ hw�e. Sd_�� -Vwa� voce.40 -ko si�-- fAtin tai Ste-S-�. • u v.d�.oi � ., ��,c w v �L OM I�• — � FAX(978)745.04M�,�-4W.4%.c 208 DERBY STREET.SALE M, n MASSACHuSES 01970/WM 745.2004.1-900-975•^c920' TacheReal Estate REALTORS RECEIVED AUG O 1 2003 FAX LINE 978-745-04501 ~' DEPT.OF PLANNING& FACSIMILE COVER SHEET COMMUNITY DEVELOPMENT DATE: TIME_ Q, amPm.�.� TO. TELECOPIERNUMBER: 'RM. FROM: TOTAL NUMBER OF PAGES(not including cover heet): IF YOU DID NOT RECEIVE ALL OF THIS TRANSMISSION,PLEASE CALL AT 978-745-2004 SPECIAL INSTRUCTIONS: r 208 DERRY STREET,SALEM.MASSACHUSETTS 019701(978)745-2004.1.800-875.2820•FAX(978)745-04M wwm,t3owcom �. Massachusetts Department of Environmental Protection Salem — Bureau of Resource Protection -Wetlands cin/rown WPA. Form 1 Request for Determination of Applicability Massachusetts Wetlands Protectlon Act M.G.L. c. 131, §40 A. General Information Important: 1 Applicant - When filling out forms on the Riverview Realty Trust Julianna Tache, — Computer,use Name E-Mail Address(if applicable) atab to mo your 208 Derby,�Ot_— — to move your cursor-do not retailing Address use the return Salem MA 8 970 - — key. cay/rown state - Zip Code 978-745-2004 �I Phone Number Fax Number(i(applicable) ..— 2. Representative (if any): " SP Engineering, Inc: Finn Bruce Poole _ Contact Name E-Mail Address(if applicable) P.O. Box 848 Mailing Address ` _ Salem MA 91970. — Cltyrrown State Lip code 978-745-4569 . rhono Number Fax Number(if applicable) B. Determinations 1. I request the Salem make the following determination(s). Check any that apply: _ wnservauon Gommiasion ❑ a. whether the area depicted on plan(s) and/or map(s) referenced below is an area subject to jurisdiction of llle Wetlands Protection Act. ❑ b.whether the boundaries of resource area(s)depicted on plan(s) and/or map(s) referenced below are accurately delineated. ® c. whether the work depicted on plan(s)referenced below is subject to the Wetlands Protection Act. ❑ d. whether the area and/or work depicted on plan(s) referenced below is subject to the jurisdiction of any municipal wetlands ordinance or bylaw of: Name of Municipality ❑ e. whether the following scope of alternatives is adequate for work in the Riverfront Area as depicted on referenced plan(s). Pape 104 WPA Feml Massachusetts Department of Environmental Protection Salem Bureau of Kesource Protection -Wetlands citylrown ' WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description 1. a. Project Location (use maps and plans to identify the location of the area subject to this request): 24 Saunders Street, Salem, MA Street Address City/rown Map 36 Parcel 87 Assessors MaPIP-i; Number ParoeV t Number b. Area Description (use additional paper, if necessary): 2 acre vacant lot, former site of the Salem Shoe Factory _ c. Plan and/or Map Reference(s): Figure One - Site Locus Riverview 7/8/03 Date Tale - 6/20/03 Figure Two - Site Plan Riverview _ 2. a. Work Description (use additional paper and/or provide plan(s) of work, if necessary): SEE ATTACHMENT — b. Identify provisions of the Wetlands Protection Actor regulations which may exempt the applicant from having to file a Notice of Intent for all or part of the described work(use additional paper, if necessary). Page 2 0 4 WPAFoml Massachusetts Department of Environmental Protection Salem Bureau of Resource Protection -Wetlands c'H?01Y1 WPA Form l.- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 C. Project Description (cont.) - 3. a. If this application is a Request for Determination of Scope of Alternatives for work in the Riverfront Area, indicate the one classification below that best describes the project. ❑ Single family house on a lot recorded on or before 8/1/96 ❑ Single family house on a lot recorded after 8/1/96 F1 Expansion of an existing structure on a lot recorded after 8/1/96 ❑ Project, other than a single family house or public project, where the applicant owned the lot before 8/7/96 ❑ New agriculture or aquaculture project ❑ Public project where funds were appropriated prior to 817/96 ❑ Project on a lot shown on an approved, definitive subdivision plan where there is a recorded deed restriction limiting total alteration of the Riverfront Area for the entire subdivision [ Residential subdivision: institutional. industrial, or commercial project ❑ Municipal project ❑ District, county, state, or federal government project ❑ Project required to evaluate off-site alternatives in more than one municipality in an Environmental Impact Report under MEPA or in an alternatives analysis pursuant to an application for a 404 permit from the U.S. Army Corps of Engineers or 401 Water Quality Certification from the Department of Environmental Protection. b. Provide evidence (e.g., record of date subdivision lot was recorded) supporting the classification above (use additional paper and/or attach appropriate documents, if necessary.) WPA Fmm1 Page 3 of a Rev.02M v Massachusetts Department of Environmental Protection Salem Bureau of Resounx Protection -Wetlands Chyfrown WPA Form 1- Request for Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Signatures and Submittal Requirements e I hereby certify underlhe penalties of perjury that the foregoing Request for Determination of Applicability and accompanying plans, documents, and supporting data are true and complete to the best of my knowledge. I further certify that the property owner, if different from the applicant, and the appropriate DEP Regional Office (see Appendix A)were sent a complete copy of this Request(including all appropriate I documentation) simultaneously with the submittal of this Request to the Conservation Commission. Failure by the applicant to send copies in a timely manner may result in dismissal of the Request for Determination of Applicability. Name and address of the property owner. Riverview Realty Trust wN e C�0 Tache Realty - 208 Derhv Stmef Mailing Address Sale cityrrown MA 01970 _ State Zip Code Signatures: I also understand that notifiqWn of this Request will be placed in a local newspaper at my expense in acrordan Sec' 0 )(b)(1) of the Wetlands Protection Act regulations. Trustee ~ t re Applicant r .� �President 7 100.3 _ signature of Representative(if any) nM!` Page a of a WPA Forret Rw M= ATTACHMENT— RIVERVIEW WORK DESCRIPTION A Chapter 21E Phase II Environmental Site Assessment conducted on May 27, 2003, excavated 13 test pits by backhoe over the 2.66 acre site. Subsoils were characterized, photographed and sampled for chemical analysis. Figure One, shows the Site Locus. Three areas of white and grey ash were found on lots 2, 5 & 6. The ash in two areas (2 & 5) had been deposited before the road was built in the late 1890's. The other area of coal ash (Lot 6)was located beside the shoe factory boiler room and was more recent. Photographs of the ash layers are enclosed. The ash layers ranged from 1-4' thick and contained lead levels greater than the DEP reportable concentration for an S-2 (commercial) property of 600 mg/kg. Therefore, in accordance with the Mass. Contingency Plan 310 CMR 40.0315, Section 1, a release to the environment that exceeds the applicable criteria must be reported to DEP under 40.0331 within 120 days or perform a Limited Removal Action (LRA) to remove the source of release within the same period The applicant desires to protect the environment and human health by removing the identified areas of ash, containing the ash/soil in plastic outside of the buffer zone and transporting the waste to a secure licensed landfill in New Hampshire or recycling facility in Maine. The removal in Lot 2 will impact an area 2800 sf by 3-4' deep, the center of which is approx 120' from the edge of the North River. The excavation in Lot 6 will impact 3200 sf to 2' down approx. 100' from the north river. The land is presently covered by tall grasses, small Locust trees, Knotwood and Sumac. No wetland species were observed on the site. The removal areas are shown on Figure Two, the Site Plan. The Lot 5 removal area (2400 sf) and the designated ash stockpile areas are greater than 200' from the river. Excavations will be backfilled to cover groundwater within a day and when the sidewall test results, are completed and it is determined that further removal is not necessary the excavation will be brought back to grade with clean fill. Initial Lead analyses for removed and remaining soil are enclosed. The denuded areas will be seeded and fertilized to prevent erosion by rain or wind. While historical wood and coal ash filling has a specific exemption to reporting under 310 CMR 40.0317, Section 9, particularly for Lead, the ash lavers are a continuing source of metal release to the,roundwater,which ends up in the river. Therefore, the applicant desires to remove the material in accordance to and under the jurisdiction of the MCP regulations. r r y T 1 - ��i i i i .. ,�a:Q �� I��r• 1 E� Y� a C, LO Ledge t L. iiT �P8tk DS OA 0114"' of .. le a 10'A,s 1 \ V 0 � 1 ,-A _ �J .z... JLE: 1� _,-j-: • 1 r i FIGURE ONE SITE LOCUS RIVERVIEW — [i lil So t .s. s '�- 4• fir,b ( � 0 w � TEST PIT#1 CLEAN SAND i n Will, � e � K X wY �1 �• � ��' r�tEy1'_4J. z 51 r a� Vl I zy t tom, +r �+ °r TEST PIT #2A, GREY ASH LAYER 2-5', NOTE MONITORING WELL ON LEFT SAUNDERS & PEARL STREET SALEM, JVLA w_a 5 yk _ `-• t �r 9 h • �n-'"trv.$ _.ter . ��'{��.�'r,`.i�. 'RT ,A sCYIF bC•-ZA s}S :i e`+�i:: .5 .�`"'3�4��4.k y3"'JE _ F �vx+•' ry � -:flk 5v.y}. u 4 • 1 Y ° y I - 'j , P)ENGINEERING • TECHNOLOGY P.O. Box 846•Salem, Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4881 i I, Client: George Fallon Date: July 9, 2003 208 Derby Street Salem, MA 01970 Saunders & Pearl Street - Lot 5 Former Salem Shoe Factory LAB CERTMCATION#:M-MA034 LABORATORY REPORT Sample Type: Clean Sand, 1-3' Top Soil, 1' Grey Dust &Loam, .5-1' Sample From: Pile-1 Pile -2 Pile-3 Sample iD#: 0306094 0306095 0306096 Method# Date Lead mg/kg 471 615 191 220.1 07/02/03 S-1 Residential Limit= 300 mg/kg S-2 Commercial Limit= 600 mg/kg Sampled By: B. Poole Sampled On: 06/30/03 Sample Received: 06/30/03 This information contained in this report is, to the best of my knowledge accurate and complete. Date: Laboratory Director: P v I ' ENGINEERING • TECHNOLOGY P.O. Box 848-Salem, Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4881 Client: George Fallon Date: July 9, 2003 208 Derby Street - Salem, MA 01970 Saunders & Pearl Street -Lot S Former Salem Shoe Factory LAB CERTIFICATION #:M-MA034 LABORATORY REPORT Sample Type: Removed Soil Remain Soil Soil Sample From: Day 1 -60 cy North Sidewall 1-3' Bottom Excavation Sample ID#: 0306097 0306098 0306099 Method# Date Lead mg/kg 508 ^� 17.3 �492 220.1 07/02/03 S-1 Residential Limit= 300 mg/kg S-2 Commercial Limit= 600 mg/kg Sampled By: B. Poole Sampled On: 06/30/03 Sample Received: 06/30/03 This information contained in this report is, to the best of my knowledge accurate and complete. _719163 ��u �-� e- Date: Laboratory Director: 1 P1 , ENGINEERING • TECHNOLOGY P.O. Box 848• Salem, Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4881 Client: George Fallon Date: July 9, 2003 208 Derby Street - Salem, MA 01970 Saunders Street Former Salem Shoe Factory LAB CERTIFICATION#:M-MA034 QA/QC LABORATORY REPORT FORM Blank MDL LCS RPD Date Lead mg/kg 0.002 5 1002% 14.0% 07/02/03 MDL=Minimum Detection Limit LCS= Percent recovery of known standard RPD= Relative percent deviation of duplicate sample (A-B)x(100 (A+B)x(l/2) The information contained in this report is, to the best of my knowledge accurate and complete. 7/9/03 Date: Laboratory Director: Ir r✓ I 1 1 i . b i a I 60 0 C) ahl V I I I AP _ ;� � � . 11I Iii 111111 I I � T � I• I =0371? �,„I�. � - - s_ •� �.e D .m a a. •y p •y 0 SQArN L ,_ •� C -.7772-7-- `�'k�,.{��".,zap i , P)ENGINEERING • TECHNOLOGY P.O. Box 646•Salem,Massachusetts 01970•Telephone: 978-745-4569 Fax:978-745-4861 Client: George Fallon Date: July 9, 2003 208 Derby Street Salem, MA 01970 Saunders & Pearl Street - Lot 5 Former Salem Shoe Factory LAB CERTIFICATION #:M-MA034 LABORATORY REPORT Sample Type Soil— 1-3 Soil— 1-3 Soil 1-3' Removed Soil Sample From: East Sidewall South Sidewall West Sidewall Day 2—60cy Sample ID#: 0307001 0307002 0307003 0307004 Method# Date ------------------------------------------------------------- Lead mg/kg 209 351 10.4 1468 220.1 07/03/03 S-1 Residential Limit= 300 mg/kg S-2 Commercial Limit= 600 mg/kg Sampled By: B. Poole Sampled On: 07/01/03 Sample Received: 07/01/03 This information contained in this report is, to the best of my knowledge accurate and complete. -71910,3 (' A� Date: Laboratory Director: P)ENGINEERING • TECHNOLOGY P.O. Box 848•Salem, Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4681 Client: George Fallon - Date: July 9, 2003 208 Derby Street Salem, MA 01970 Saunders Street -Lot 5 Former Salem Shoe Factory LAB CERTIFICATION 9:M-MA034 QA/QC LABORATORY REPORT FORM Blank MDL LCS RPD Date -------------- Lead mg/kg 0.007 5 102% 12.6% 07/03/03 MDL=Min' imam Detection Limit LCS= Percent recovery of known standard RPD=Relative percent deviation of duplicate sample (A-B)x(100) (A+B)x(1/2) The information contained in this report is, to the best of my knowledge accurate and complete. -7l9/03 'P&,-& _ Date: Laboratory Director: Y �A } i � 1 1 i V7 i 1 � I 101019101 I I I I I I I I I Y i � �J I ililllll lilill �' I cri- I 7r ' � � ' Illilllll = = I - `- an SIL �: � ✓Z'' IH Y' A �A f�, - Z UMI r V U C IC i_ J 1 H n i- I- o V - N �-^ N I r= >= a Y O C C SIPENGINEERING • TECHNOLOGY P.O. Box 848-Salem, Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4881 Client: George Fallon 4 Date: July 9, 2003 208 Derby Street Salem, MA 01970 Saunders & Pearl Street - Lot 6 Former Salem Shoe Factory LAB CERTIFICATION#:M-MA034 LABORATORY REPORT Sample Type: Soil Soil Soil Sample From: Fast Sidewall, 0-2' South Sidewall, 0-2' West Sidewall, 0-2' Sample ID#: 0307006 0307007 0307008 Method# Date Lead mg/kg 3085 1186 2628 220.1 07/09/03 Y S-1 Residential Limit= 300 mg/kg S-2 Commercial Limit = 600 mg/kg Sampled By: B. Poole Sampled On: 07/02/03 Sample Received: 07/02/03 This information contained in this report is, to the best of my knowledge accurate and complete. -7/Vc33 Date: Laboratory Director: I ^ P)ENGINEERING • TECHNOLOGY P.O. Box 848•Salem, Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4861 Client: George Fallon - Date: July 9, 2003 208 Derby Street _ Salem, MA 01970 Saunders & Pearl Street - Lot 6 Former Salem Shoe Factory LAB CERTIFICATION #:M-MA034 LABORATORY REPORT Sample Type: Soil Soil Removed Soil, 120cy Sample From: North Sidewall, 0-2' Bottom, 0-2' Excavation Day 2 Sample ID#: 0307009 0307010 0307011 Method# Date -------------------------------—---------------------------------------—----------------- Lead ------------- -- Lead mg/kg 5395 1294 4009 220.1 07/09/03 S-1 Residential Limit = 300 mg/kg S-2 Commercial Limit= 600 mg/kg Sampled By: B. Poole Sampled On: 07/02/03 Sample Received: 07/02/03 This information contained in this report is, to the best of my knowledge accurate and complete. Date: Laboratory Director: ' P ENGINEERING • TECHNOLOGY is P.O. Box 848•Salem, Massachusetts 01970•Telephone: 978-745-4569•Fax: 978-745-4881 Client: George Fallon Date: July 9, 2003 208 Derby Street Salem, MA 01470 Saunders Street - Lot 6 Former Salem Shoe Factory LAB CERTIFICATION #:M-MA034 -------------------------------------- - - -------------------------------------------- - - -------------_-------------------------- QA/QC LABORATORY REPORT FORM Blank MDL LCS RPD Date Lead mg/kg 0.002 5 100.4% 8.3% 07/09/03 MDL=Minimum Detection Limit LCS=Percent recovery of known standard RPD--Relative percent deviation of duplicate sample (A-B)x(100 (A+13)x(1/2) The information contained in this report is, to the best of my knowledge accurate and complete. Date: Laboratory Director: i Sill INC 45 CooIto 1#11081 m JIM. 11)* 9,18nIe1111 AAA 111910 (91b) 148Ad 60 = (Olt) 74s-4eel CIIAI I� C 1 � 1tt; tl Q lilll�NE1 fIU.! ('I►ijEN N u�N: _ Np, UI CIHiI„fd le 'A N1,1'SIS�U --- ItPK1 tlliS ,' ,dllq;rld (5 61idIUfe1: t� � r ;IA Na. t1Alk iWk WAIF GRAD sWftJHi.ut:At1UN _ Db z1A 3put 1 5 c5Z; elhl�iNe : 1 I�dil il: iDald ldiii Ikbivid (BlylalWi) bile i 11619 Rmi�mki: --- --------- 504 ..t3ild �" iid16 x,; U.S. Postal Service.. CERTIFIED MAIL,, RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at x kw.usps.omry O k, post,g _. -. PS Form 3800;June 2002 See Reverse for Instructions Certified Mail Provides: zest-w-zo-esezot ■ A mailing receipt fess-4j)aooa sunr•opae ua04 8d ■ A unique identifier for your mallplece ■ A record of delivery kJA by the Postal Service for two years Important Reminders: ■ Certiffed Mail may ONLY be combined with First-Class Mail®or Priority Mail®. ■ Certiffed Mail Is not available for any class of International mail. ■ NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables,please consider Insured or Registered Mail. ■ For an additional fee,a Return Receipt mar be requested toprovide proof of delivery.To obtain Return Receipt service,please complete antl attach a Return Receipt(PS Form 3811)to the article and add applicable postage to cover the fee.Endorse mailpiece"Return Receipt Requested".To receive a fee waiver for a duulicate return receipt,a USPS®postmark on your Certified Mail recelpt is required. ■ For an additional fee, delivery may be restricted to the addressee or addressee's authorized agent.Advise the clerk or mark the mailpiece with the endorsement"Restricted Delivery". ■ If a postmark on the Certified Mail receipt Is desired,DIease present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed,detach and affix label with postage and mail. IMPORTANT:Save this receipt and present it`whemmaking an inquiry. Internet access to delivery information is not available on mail addressed to APOs and FPOs. � .i Massachusetts Department of Environmental Protection Uf Bureau of Resource Protection - Wetlands' WPA form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Salem computer,use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Riverview Realty Trust Julianna Tache Same return key. Name Name 'VQ 208 Derby Street � Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Title and Date of Final Plans and Other Documents: Figure Two Site Plan NA Title Final Date(or Revised Date if applicable) 2. Date Request Filed: July 10, 2003 B. Determination Pursuant to the authority of M.G.L.c. 131, §40,the Conservation Commission considered your Request for Determination of Applicability,with its supporting documentation, and made the following Determination. Project Description (if applicable): Determination of work related to the remediation and cleanup of contaminated soil located at 24 Saunders Street Project Location: 24 Saunders Street Salem Street Address City/Town Map 36 Parcel 87 Assessors Map/Plat Number Parcel/Lot Number / WPA Form 2 Page 1 of 5 Rev.02100 Massachusetts Department of Environmental Protection lBureau of Resource Protection - Wetlands WPA Form 2 — Determination of ApplicabilityMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s)is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent) has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s) is an area subject to protection under the Act. Removing,filling,dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s) are confirmed as accurate. Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 2b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ® 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s) and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation WPA Form 2 Page 2 of 5 Rev.ovao Massachusetts Department of Environmental Protection lBureau of Resource Protection - Wetlands WPA Form 2 — Determination of ApplicabilityMassachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6.The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s),which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c.for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to an sites which can reasonably be obtained within theappropriate Y Y region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability,work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department. Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the fling of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. WPA Forth 2 Page 3 d 5 Rev.02100 Massachusetts Department of Environmental Protection •�j Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B, Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: by hand delivery on ❑ by certified mail, return receipt requested on �va. `Z5 Zo03 Date Date This Determination is valid for three years from the date of issuance (except Determinations for .This Determination does not Vegetation Management Plans which are valid for the duration of the Plan). relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). Signatures: ti Date WPA.Forth 2 Page 4 of 5 Rev.02100 Massachusetts Department of Environmental Protection m Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office(see Appendix A)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department, with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form)as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she is not the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. WPA Form 2 Page 5 of 5 Rev.02100 CTY OF SALEM DEPARTMENT OF PLANNING AND COMMuNny DEVELOPMENT STANLEY J.USOVICZ,JR. MAYOR 120 WAR-uNGToN STREET♦SALEM,MASSAGHUSETrs 01970 JOSEPH P.WALSH,JR. TEL--978-745-9595 ♦FAx:978-740-0404 DREcroR Fax To:---,- From: Fax: q _ tel 'Z4�q Date: SL A�o3 Phone: Pages: Re: CC: ❑Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Comments: CITY OF SALEM DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT 120 WASHINGTON STREET ( 978 ) 745 - 9595 , EXTENSION 311 FACSIMILE TRANSMITTAL SHEET TO: FROM: Kevin Cornacchio Denise S. McClure COMPANY: DATE: August 27, 2003 FAX NUMBER: TOTAL NO.OF PAGES INCLUDING COVER: 978-740-8296 3 RE: Attached Letter ❑ URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE NOTES/COMMENTS: Kevin, Here is a copy of the violation letter that we discussed on the telephone Please call me at 978-745-9595,extension 311 if you have any questions or need more information. Denise S.McClure FAX NUMBER: (978) 740-0404 1 _ CONDIT CITY OF SALEM X11 . e6� T DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT STANLEY J.USOVICZ,JR. MAYOR 120 WASHINGTON STREET•SALEM,MASSACHUSETTS 01970 JOSEPH P.WALSH,JR. TEL:978-745-9595• FAX:978-740-0404 DIRECTOR August 12, 2003 Attorney John R. Keilty Keilty Law Offices 40 Lowell Street Peabody,MA 01960 RE: Enforcement Order Non-Compliance for the Parcel Located at 24 Saunders Street Dear Attorney Keilty: It has come to my attention through numerous site visits, that the parcel located at 24 Saunders Street is not in compliance with Condition#1 of the Enforcement Order issued by the Salem Conservation Commission on July 24, 2003. Condition#1 reads the following: "The stockpiled contaminated earth material shall be removed from the site under the supervision of a licensed site professional as soon as possible and in no event later than August 8, 2003 (two (2) weeks from the date of this Enforcement Order)". As of the date of this letter, the stockpiled contaminated earth material has not been removed from the site. According to the City of Salem, Ordinance Pertaining to General Wetlands,it states that, "Any person who violates any provisions of this Ordinance or any condition of a permit issued pursuant to it shall be punished by a fine of not more than $200.00. Each day or portion thereof during which a violation continues shall constitute a separate offense" Th Salm ConnT - nn d;sa<s and ender 2, n _cern_,np,her a fine will be issued for each day that the site is not in compliance of its Enforcement Order at their September ii, 2003 meeting. 1 Please contact me at the Department of Planning and Community Development at (978) 745-9595, extension 311 if you have any questions. Si erely, Don Cefalo Salem Conservation Commission Agent Cc: Joseph P Walsh, Director,DPCD Atty.John Keenan, City Solicitor Tom St. Pierre, Acting Building Commissioner Bruce Thihodeau, City Engineer City Councilor Regina Flynn Salem Conservation Commission Department of Environmental Protection- NERO 01/31/2003 14:39 - 7327670 ALLIANCE ENVIRONMENT PACE 01 P Alliance Environmental Group, Inc. Fax To: Mr.Joseph E.Nerden From: Michael Geisser,PE,RLS,LSP Fax: 978-745-0349 Fax: 401-732-7670 Phone: 978-745-9595 Phone: 401-732-7600 Date: 7/31/2003 Pages: 2 Subject: 24 Saunders Street(14-16 Pearl Street),Salem,MA Joe,George Fallon asked that I fax you a copy of the letter that I wrote for him regarding the slope stability issue at the Saunders Street property. Please call me if you have any questions. Thanks, ,11 ons , ^ Z7 1:k I w ;.�rJ 1 7 hS( If Vii'✓ 7 r � SCJ ✓ j _� �`' v k 07/31/2003 14:39 7327670 ALLIANCE ENVIRONMENT PAGE 02 i Alliance Environmental Group, Inc. moo IcRcruni RmdeMard.N'omick,Rhmia Island ozaBR 'Ieaephonc 4om.7az-76op:Fax: 70 July July 31,2003 Mr.George Fallon Riverside Realty Trust c/o Tache'Real Estate 208 Derby Street Salem,MA 02970 RE: 24 Saunders Street(14-16 Pearl Street) Salem,Massachusetts Dear Mr.Fallon Per your request,on July 30, 2003,1 examined the excavation in the northeast comer of your above-referenced property('Site'),with specific attention to slope stability at the stone wall next to Pearl Street. Based upon this examination,it is my opinion that there is little chance of a slue failure due to the excavation work that has been completed. The excavation did not undermine the stone wall along the edge of the road and the remaining slope appears stable. However,desiccation of the now-exposed soil surface,or erosion from precipitation could cause the slope to become unstable. If this happens,failure would likely be either a sliding or toppling failure beginning at the edge of the excavation and cascading over time to undermine and topple the wall. Heavy equipment operating or traveling on Pearl Street near the wall could disturb the soil matrix and hasten failure. In stmt'while the excavation conducted to date has not caused movement or disturbance of the wall or Pearl Street,delay in refilling the excavation will increase the likelihood that failure will start to occur. The material used for backfill should consist of a poorly graded(sufficient voids to be well- draining)granular inorganic soil that has sufficient moisture to be compacted to near maximum density. The finished grade should approximate the original grade,but in no case should the slope leading down to the west away from the base of the stone wap have a slope of less than 2:1. I cost the above analysis meets your requirements. Please call me if you need further assistance. Very truly yours, Alliance Environmental Group,Inc. e F.Geisser,PE,RLS,ISP cipal FAX TRANSMISSION To: George Fallon Date: July 3, 2003 Fax#: 978-745-0450 CC: From: Don Cefalo Pages: 2, including this cover sheet Salem Conservation Agent Subject: Stop Work Order COMMENTS: George, For your Information. Thank you T'XION CO.f _ Conservation Commission Salem, Massachusetts 01970 F 4. V' �'IIASSAL`� Salem Conservation Commission Order to Stop Work July 3, 2003 Attorney John R. Keilty Keilty Law Offices 40 Lowell Street Peabody, MA 01960 Dear Attorney Keilty: Under Section 10.02 (2) (a) of the Wetlands Protection Act 310 CMR 10.00 and the City of Salem Wetlands Ordinance, you are hereby notified by the Salem Conservation Commission that all activities occurring on the property adjacent to Saunders, Cross, and Pearl Streets in Salem (Parcel 87 of Map 36) must stop immediately. Furthermore, any and all enforcement actions including and not limited to fines and/or penalties will be pursued if such activities continue without approval and/or determination from the Conservation Commission. Please contact me immediately at the Department of Planning and Community Development at 978-745-9595 x311 to discuss this matter. Sincerely. Don Cefalo Salem Conservation Commission Agent Cc: Joe Walsh, Director, DPCD Atty. John Keenan, City Solicitor Tom St. Pierre, Acting Building Commissioner Bruce Thibodeau, City Engineer City Councilor Regina Flynn Salem Conservation Commission Department of Environmental Protection-NERO CITY OF SALEM9 MASSACHUSETTS g� PUBLIC PROPERTY DEPARTMENT _ 120 WASHINGTON STREET, 3RD FLOOR /Aa SALEM, MAO 1 970 TEL. (978)745-9595 EXT. 380 FAX (978) 740-9846 STANLEY J. LISOVICZ, JR. MAYOR July 3, 2003 Attorney John Keilty 40 Lowell Street Peabody, Ma. 01960 RE: 24 Saunders Street Dear Owners: Thursday morning, July 3, 2003, I was notified by the neighbors of the above mentioned property of excavating activities taking place. This property has recently undergone a subdivision. However, no other permits have been issued for this site. The excavation has altered the terrain by more than 2 feet. This requires a "drainage alteration plan" to be filed with the Engineering Department. Furthermore, the excavation has under-minded a row of trees and potentially has underminded Pearl Street. You are directed to stop work immediately and to contact the City of Salem Engineering Department to address the immediate concerns about Pearl Street and the abutters property. If further information is needed you can contact this office at 978-745-9595 x 380. Sincerely, Thomas St. Pierre Acting Building Commissioner cc: Mayors Office Joe Walsh, City Planner Bruce Thibodeau, City Engineer _ John Keenan, City Solicitor Councillor Flynn FAX TRANSMISSION To: Attorney John Keilty Date: July 3, 2003 Fax#: G"1`6 5,3 l -- CC: From: Don Cefalo Zy�� Pages: 2, including this cover sheet Salem Conservation Agent Subject: Stop Work Order COMMENTS: Atto eilty Please contact me immediately to further discuss the issues pertaining to the enclosed Stop Work Order regarding the property adjacent to Saunders Street. 978-745-9595 x311. Thank you na') V �,.110N pJ� Conservation Commission X Salem, Massachusetts 01970 Salem Conservation Commission Order to Stop Work July.3, 2003 Attorney John R. Keilty Keilty Law Offices 40 Lowell Street Peabody, MA 01960 Dear Attorney Keilty: Under Section 10.02 (2) (a) of the Wetlands Protection Act 310 CMR 10.00 and the City of Salem Wetlands Ordinance, you are hereby notified by the Salem Conservation Commission that all activities occurring on the property adjacent to Saunders, Cross, and Pearl Streets in Salem (Parcel 87 of Map 36) must stop immediately. Furthermore, any and all enforcement actions including and not limited to fines and/or penalties will be pursued if such activities continue without approval and/or determination from the Conservation Commission. Please contact me immediately at the Department of Planning and Community Development at 978-745-9595 x3l l to discuss this matter. -Sincerely, Don Cefalo Salem Conservation Commission Agent Cc: Joe Walsh, Director, DPCD Atty. John Keenan, City Solicitor Tom St. Pierre, Acting Building Commissioner Bruce Thibodeau, City Engineer City Councilor Regina Flynn Salem Conservation Commission Department of Environmental Protection -NERO .�C10N CO-It 3` 1� Conservation Commission y K Salem, Massachusetts 01970 Salem Conservation Commission Order to Stop Work July 3, 2003 Attorney John R. Keilty Keilty Law Offices 40 Lowell Street Peabody, MA 01960 Dear Attorney Keilty: Under Section 10.02 (2) (a) of the Wetlands Protection Act 310 CMR 10.00 and the City of Salem Wetlands Ordinance, you are hereby notified by the Salem Conservation Commission that all activities occurring on the property adjacent to Saunders, Cross, and Pearl Streets in Salem (Parcel 87 of Map 36)must stop immediately. Furthermore, any and all enforcement actions including and not limited to fines and/or penalties will be pursued if such activities continue without approval and/or determination from the Conservation Commission. Please contact me immediately at the Department of Planning and Community Development at 978-745-9595 x311 to discuss this matter. incerely, Don Cefalo Salem Conservation Commission Agent Cc: Joe Walsh, Director, DPCD Atty. John Keenan, City Solicitor Tom St. Pierre, Acting Building Commissioner Bruce Thibodeau, City Engineer City Councilor Regina Flynn Salem Conservation Commission Department of Environmental Protection -NERO Don Cefalo From: Joe Walsh Sent: Thursday, July 03, 2003 1:47 PM To: 'lance kasparian', paulwa@comcast.net; Thomas Philbin; Joe Walsh; regina robbins flynn Cc: jack&joann bezzati; abbie winston; alyssa jones; barbara annis; cindy pasquina; dawna matkevicius, deb kehoe; debra kirchheimer; ed purtz; hannah diozzi; helen jacoby;jane harding;jim armstrong;josh/leora ulrich;julie taylor; leslie byrne 1; leslie byrne 2; lore d'eon- cody; mary delai; mimi gallant; nacy winrich; paul ward; stephen cummingsl; tess dimatteo; newton murphy; rob liani; doug jones; toddy glaser Subject: RE: 24 Saunders St. - new homes end of pearl street Lance, Paul, Leslie, Jim, Tom Philbin, Councilor Flynn and everyone else - Thank you all for your inquiries - we've been looking into this thanks to your calls; let me take a moment to get everyone caught up on the latest we know surrounding the "Saunders Street" lot (at the ends of Saunders, Cross St. Court and Pearl) . The parcel in question is now owned by George Fallon and Juliana Tache of Salem. FIRST, on the immediate issue of what's happening out there today - Tom St. Pierre (City's Building Commissioner) , Bruce Thibbideau (City Engineer) and I have each gone out to the site today to inspect it. We also spoke with the owner's attorney about this today, and he has informed us the work is part of the environmental clean up of the site. Each of us is in the process of separately notifying the owners that they have to stop work there, because they are violating several permitting requirements (from Engineering and Conservation Commission, among others) . We made it clear to their attorney that this work requires notification and approval of the ConCom and the Engineering Department - none of which was obtained. FYI, we all work on these type problems collaboratively, but the Building Inspector's office is the agency which technically issued today's stop work order on behalf of the City; the Con Com has issued a separate stop work order, and we expect at a minimum that that action will require a public hearing on the matter. LONGER TERM ISSUES: While that's happening, a quick update on what we know about the two questions we've heard - (1) didn't MassHighway take that land as part of the road project? and (2) what could be built on that land today? 1. LAND-TAKING STATUS: Mass Highway Department (MHD) has promised to take the parcel - in its entirety - as part of the road project. This was a commitment we won from the Secretary of Transportation and the current and former Highway Commissioners. The land is planned to be used for the roadway, greenspace and the bikepath/walkway. Candidly, we all were under the impression that MHD had done this land taking already; even the Masshighway "expediter" for the project was also under the impression that it had been done. We now believe from our conversations with MHD recently that it was overlooked by an office at MHD during the recent effort to secure the necessary environmental permits for the roadway. But since our call to MHD on this, they have sent their appraiser out to Salem, which is a required step in the process of taking the land. The Mayor is sending a letter to Transportation Secretary Grabauskas requesting that this taking be done as soon as possible. The Masshighway official in charge of this process is Steve McLaughlin (617-973-7245) and we do recommend you feel free to join us in letting him know how important this is. Finally, please note that the fact that someone wants to build on the land does not mean MHD cannot or will not take the parcel. These are separate considerations. In other words, even if it is built on, MHD can still take the land - but obviously we'd like to see it done before a structure is proposed or built. 2. What could be built there? The owner of the parcel has divided the lot on paper into 1 .1 k two lots, through a process called "Approval Not Required" - as the name implies, an "ANR" has to be approved if an owner has a parcel on a public way with the required amount to frontage. This turned the parcel into two R-2 zoned lots; however as I mentioned earlier, nothing can be built on those parcels without approval from the Conservation Commission (since it is within 200 feet of the river and in a flood plain) nor can it be built without the owner receiving a building permit. The Owner has not asked for either to date. We have also told the owner's attorney that MHD plans to take the land. Thank you all for alerting us to the activity off Pearl Street, and keep us posted on anything you see that seems out of line. While we work through the issues of what they are doing now, we will continue to push for the roadway to be built and the parcel to be taken, and any support you can offer will certainly help make that happen faster. Also a quick thank you to Councilor Regina Flynn who first notified us there was a problem out there. She's been a tremendous advocate for the neighborhood and has made it clear to MHD that they must act quickly. Joe Walsh Joseph P. Walsh, Jr. Director, Department of Planning and Community Development City of Salem, Massachusetts -----Original Message----- From: lance kasparian [mailto:1ka01@comcast.net] Sent: Thursday, July 03, 2003 12:28 AM To: paulwa@comcast.net; tom philbin; joe walsh; regina robbins flynn Cc: jack & joann bezzati; abbie winston; alyssa jones; barbara annis; cindy pasquina; dawna matkevicius; deb kehoe; debra kirchheimer; ed purtz; hannah diozzi; helen Jacoby; jane harding; jim armstrong; josh/leora ulrich; julie taylor; leslie byrne 1; leslie byrne 2; lore d'eon-cody; mary delai; mimi gallant; nacy winrich; paul ward; stephen cummingsl; tess dimatteo; newton murphy; rob liani; doug Jones; toddy glaser Subject: Re: 24 Saunders St. - new homes end of pearl street Paul: Yours is the 2nd call I have had about this. I know nothing and can't tell you whether these 2 house lots fit with the road project and green space or not. I thought Mass Highway might acquire all of 24 Saunders St for the green space, even though I never actually heard them say they would. Here is a thought: If these lots are still zoned Industrial, a public hearing and variance is necessary to build housing and we would all have a chance to comment and ask Mass Highway to discuss their committment to the greenspace. If the lots are zoned R2, then they are private property and the capes can be built. Construction may pose health hazards, given problems that were found on the Carleton School and JPI sites and you should probably ask the health department about that in any event. The problem with this site is that the public can't see it and nobody wants to talk about it. Do you know who the developer is? Are you sure that the road goes through one of the proposed living rooms? Regina/ Joe/ Tom: Can the City provide any information about this? LK ----- Original Message ----- From: <paulwa@comcast.net> To: "Lance Kasparian" <1ka01@attbi.com> Sent: Wednesday, July 02, 2003 9:59 PM 2 4 Subject: new homes end of pearl street > Hi Lance, > Hope this communication finds you well. > > Imagine my surprise to speak with a builder in the process of clearing the > field at the end of my street! He's told me two lots have been obtatined to > build two single family capes at the end of Pearl St. I mentioned to him > that the new road design phase was such that it would run through the > living room of one of the proposed houses. > I 'll be touching base with Regina (understand she's coming to end of her > time as councillor) . What if anything have you heard about the road > project? I'm a bit shocked to see this happening. > Regards, > Paul 3 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands Y WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 A. General Information Important: When filling out From: forms on the Salem computer, use Conservation Commission only the tab key to move To: Applicant Property Owner(if different from applicant): your cursor- do not use the Riverview Realty Trust Julianne Tache Same return key. Name Name - 208 Derby Street � Mailing Address Mailing Address Salem MA 01970 City/Town State Zip Code City/Town State Zip Code 1. Title and Date of Final Plans and Other Documents: Figure Two Site Plan NA Title Final Date(or Revised Date if applicable) 2. Date Request Filed: July 10, 2003 B. Determination Pursuant to the authority of M.G.L. c. 131, §40, the Conservation Commission considered your Request for Determination of Applicability,with its supporting documentation,and made the following Determination. Project Description (if applicable): Determination of work related to the remediation and cleanup of contaminated soil located at 24 Saunders Street Project Location: 24 Saunders Street Salem Street Address City/Town Map 36 Parcel 87 Assessors Map/Plat Number Parcel/Lot Number WPA Farm 2 Page 1 of 5 Rev.02100 A Massachusetts Department of Environmental Protection l Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) The following Determination(s) is/are applicable to the proposed site and/or project relative to the Wetlands Protection Act and regulations: Positive Determination Note: No work within the jurisdiction of the Wetlands Protection Act may proceed until a final Order of Conditions (issued following submittal of a Notice of Intent or Abbreviated Notice of Intent)has been received from the issuing authority(i.e., Conservation Commission or the Department of Environmental Protection). ❑ 1. The area described on the referenced plan(s)is an area subject to protection under the Act. Removing,filling, dredging, or altering of the area requires the filing of a Notice of Intent. ❑ 2a. The boundary delineations of the following resource areas described on the referenced plan(s)are confirmed as accurate.Therefore, the resource area boundaries confirmed in this Determination are binding as to all decisions rendered pursuant to the Wetlands Protection Act and its regulations regarding such boundaries for as long as this Determination is valid. ❑ 21b. The boundaries of resource areas listed below are not confirmed by this Determination, regardless of whether such boundaries are contained on the plans attached to this Determination or to the Request for Determination. ® 3. The work described on referenced plan(s) and document(s) is within an area subject to protection under the Act and will remove, fill, dredge, or alter that area. Therefore, said work requires the filing of a Notice of Intent. ❑ 4. The work described on referenced plan(s)and document(s) is within the Buffer Zone and will alter an Area subject to protection under the Act. Therefore, said work requires the filing of a Notice of Intent. ❑ 5. The area and/or work described on referenced plan(s)and document(s) is subject to review and approval by: Name of Municipality Pursuant to the following municipal wetland ordinance or bylaw: Name Ordinance or Bylaw Citation WPA Form 2 Page 2 of 5 Rev.02100 '\ Massachusetts Department of Environmental Protection Uf Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 6. The following area and/or work, if any, is subject to a municipal ordinance or bylaw but not subject to the Massachusetts Wetlands Protection Act: ❑ 7. If a Notice of Intent is filed for the work in the Riverfront Area described on referenced plan(s) and document(s), which includes all or part of the work described in the Request, the applicant must consider the following alternatives. (Refer to the wetland regulations at 10.58(4)c. for more information about the scope of alternatives requirements): ❑ Alternatives limited to the lot on which the project is located. ❑ Alternatives limited to the lot on which the project is located, the subdivided lots, and any adjacent lots formerly or presently owned by the same owner. ❑ Alternatives limited to the original parcel on which the project is located, the subdivided parcels, any adjacent parcels, and any other land which can reasonably be obtained within the municipality. ❑ Alternatives extend to any sites which can reasonably be obtained within the appropriate region of the state. Negative Determination Note: No further action under the Wetlands Protection Act is required by the applicant. However, if the Department is requested to issue a Superseding Determination of Applicability,work may not proceed on this project unless the Department fails to act on such request within 35 days of the date the request is post-marked for certified mail or hand delivered to the Department.Work may then proceed at the owner's risk only upon notice to the Department and to the Conservation Commission. Requirements for requests for Superseding Determinations are listed at the end of this document. ❑ 1. The area described in the Request is not an area subject to protection under the Act or the Buffer Zone. ❑ 2. The work described in the Request is within an area subject to protection under the Act, but will not remove, fill, dredge, or alter that area. Therefore, said work does not require the filing of a Notice of Intent. ❑ 3. The work described in the Request is within the Buffer Zone, as defined in the regulations, but will not alter an Area subject to protection under the Act. Therefore, said work does not require the filing of a Notice of Intent, subject to the following conditions (if any). ❑ 4. The work described in the Request is not within an Area subject to protection under the Act (including the Buffer Zone). Therefore, said work does not require the filing of a Notice of Intent, unless and until said work alters an Area subject to protection under the Act. WPA Fa"2 Page 3 of 5 Rev.02/00 Massachusetts Department of Environmental Protection Bureau of Resource Protection -Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 B. Determination (cont.) ❑ 5. The area described in the Request is subject to protection under the Act. Since the work described therein meets the requirements for the following exemption, as specified in the Act and the regulations, no Notice of Intent is required: Exempt Activity(site applicable statuatory/regulatory provisions) ❑ 6. The area and/or work described in the Request is not subject to review and approval by: Name of Municipality Pursuant to a municipal wetlands ordinance or bylaw. Name Ordinance or Bylaw Citation C. Authorization This Determination is issued to the applicant and delivered as follows: by hand delivery on ❑ by certified mail, return receipt requested on 7 va I 'Z5 zoo3 Date Date This Determination is valid for three years from the date of issuance (except Determinations for Vegetation Management Plans which are valid for the duration of the Plan). This Determination does not relieve the applicant from complying with all other applicable federal, state, or local statutes, ordinances, bylaws, or regulations. This Determination must be signed by a majority of the Conservation Commission. A copy must be sent to the appropriate DEP Regional Office (see Appendix A) and the property owner(if different from the applicant). Signatures: , Date Page 4 of 5 NIDA Forth 2 Rev.OPNO 1 Massachusetts Department of Environmental Protection Bureau of Resource Protection - Wetlands WPA Form 2 — Determination of Applicability Massachusetts Wetlands Protection Act M.G.L. c. 131, §40 D. Appeals The applicant, owner, any person aggrieved by this Determination, any owner of land abutting the land upon which the proposed work is to be done, or any ten residents of the city or town in which such land is located, are hereby notified of their right to request the appropriate Department of Environmental Protection Regional Office (see Appendix A)to issue a Superseding Determination of Applicability. The request must be made by certified mail or hand delivery to the Department,with the appropriate filing fee and Fee Transmittal Form (see Appendix E: Request for Departmental Action Fee Transmittal Form) as provided in 310 CMR 10.03(7)within ten business days from the date of issuance of this Determination. A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation Commission and to the applicant if he/she isnot the appellant. The request shall state clearly and concisely the objections to the Determination which is being appealed. To the extent that the Determination is based on a municipal ordinance or bylaw and not on the Massachusetts Wetlands Protection Act or regulations, the Department of Environmental Protection has no appellate jurisdiction. WPA Farm 2 Page 5 of 5 Rev.02100 f g10N Uy Conservation Commission 7e Salem, Massachusetts 01970 111 44SSAG�� City of Salem Conservation Commission Will hold a public hearing for a Request for a Determination of Applicability under the Wetlands Protection Act, Massachusetts General Laws, Chapter 131, Section 40 and Salem's Ordinance Pertaining to General Wetlands at the request of the Riverview Realty Trust/Julianna Tache, 208 Derby Street, Salem, MA. The purpose of the hearing is for a determination of work related to the remediation and cleanup of contaminated soil located at 24 Saunders Street. This hearing will be held on Thursday, July 24,2003 at 6:00 p.m. in Room 313, third floor at 120 Washington Street. Kevin Cornacchio Chairman July 17, 200 Please send bill to: Riverview Realty Trust C/o Johanna Tache 208 Derby Street Salem, MA 01970 978-745-4569 '107/31/2_003"14:39 17327670 - ALLIANCE:NVIROMFJdr '.PAGE 01 - -- -.--- Alliance Environmental Group, Inc. Fax To: Mr.Joseph E.Nerden From: Michael Geisser,PE,RJ-S,LSP Fax: 978-745-0349 Fax: 401-732-7670 Phone: 978-745-9595 Phone: 401-732-7600 Date: 7/31/2003 Pages: 2 Subject: 24 Saunders Street(14-16 Pearl Street),Salem,MA Joe,George F'aRon asked that I tax you a copy of the letter that I wrote for him regarding the slope stability issue at the Saunders Street property. Please calf me H you have any questions. Thanks, - VJ I � � J 1 � I o �' ✓, . ��'� GNU • � �,(�`; 7131/2003. 14:39 7327678 ALLlnMI- LKVIKLA'aR l rrwz �c Alliance Environmental Group, Inc. • • iw jcfkrsrni 0oule%�rd.Womack,Rhode Wand oz888 10ephone:401-7.12.7010:f'az:401.73:.7470 July 31,2003 W.George Fallon Riverside Realty Trust c/o Tache'Real Estate 208 Derby Street Salem,MA 02970 RE: 24 Saunders Street,(14-16 Pearl Street) Salem,Massachusetts Dear Mr.Fallon: Per your request,on July 30,2003,1 examined the excavation in the northeast comer of your above-referenced property("Site"),with specific attention to slope stability at the stone wall next to Pearl Street. Based upon this examination,it is my opinion that there is little chance of a slope failure due to the excavation work that has been completed. The excavation did not undermine the stonc wall along the edge of the road and the remaining slope appears stable. However,desiccation of the now-exposed soil surface,or erosion from precipitation could cause the slope to become unstable. If this happens,failure would likely be either a sliding or toppling failure beginning at the edge of the excavation and cascading over time to undermine and topple the wall. Heavy equipment operating or traveling on Pearl Street near the wall could disturb the soil matrix and hasten failure. In sung while the excavation conducted to date has not caused movement or disturbance of the wall or Pearl Street,delay in refilling the excavation will increase the likelihood that failure will start to occur. The material used for backfill should consist of a poorly graded(sufficient voids to be well- draining)granular inorganic soil that has sufficient moisture to be compacted to near maximum density. The finished grade should approximate the original grade,but in no case should the slope leading down to the west away from the base of the stone wall have a slope of less than 2:1. I trust the above analysis meets your requirements. Please call me if you meed bother assistance. Very truly yours, * Alliance Environmental Group,Inc e F.Geisser,PF,RLS,LSP ctpal u k 310.5 Y? ' L SKERRY is _rr sa AA 40 tt ....e. s 2� c '��s � �.. 1 55 ❑ �+- C? 32 CONANT_._ __r4----_. 42-.. 30-S 35 ;y- 4 S �5'—t3"t1-1YL7 z 8-� 4 � 1 ' 38aI 84 I � 1 1 i 43 9 PEARL } 155-5 4 - ,, 45 3 2 1 + I + i 90- 130 e 36, 81 0 F r 5 p r g �9 6 2 40� 45 I f -33 SAUNDERS ---ta ' ' rs � 6��1 pp�1 j 4b 8 136 s: ,�• i' p a n58 X AA •i •f i 36 i 10 fJI ' 140, i 34 fY 36, 36 SCALE I"= 40 TEST PIT = (LOT#) �o I z FIGURE TWO X S-I to 10 SAMPLE SITES 0 %p ZG� II SITE PLAN POTENTIAL SOIL REMOVAL AREA TO1 00 V N LAMPSONy R I VERVIEW SHEA I & -" Trus ;,��I SP INC MCKINNON WARD BYRNE y ( � Ile.r I I s! 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