64-183 - VALLEY STREET - CONSERVATION COMMISSION �-- - - -- -- � � �X83 _ _ ,
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VALLEY STREET DRAINAGE EASEMENT
Request to Maintain the Drainage Easement behind Valley Street
7/25/1989 Abbreviated Notice of Intent—DEP #64-183
APPLICANT: City of Salem Department of Public Services
PROPERTY OWNER: City of Salem
PROJECT DESCRIPTION: The purpose of the work is to restore the channel to the
condition existing prior to the placement of the washed out culvert, and a timber
crossing will be provided in order to maintain the pathway. Excavation from the
channel will be limited to material that is presently impeding the flow of the
brook.
10/17/1989 Order of Conditions—DEP#64-183
SPECIAL CONDITION#2 "The City Engineer shall take measures to protect any
vegetation in the project area, which in his judgment,needs to be maintained"
SPECIAL CONDITION#3 "Cleanup shall extent beyond area outlined on the plan
to include removal of any debris in the vicinity of the project area needed to
facilitate water flow thereby alleviated the problem of mosquitoes".
4/25/1991 Excerpt of Correspondence from Stanton Bigelow, City Engineer to
Planning Board.
- "There does, indeed, exist a drainage easement through the rear yards of several
lots at the northwest end of Valley Street. Drainage Easements of this nature are
provided for the purpose of maintaining existing structures or channels„by the
original developer or his assigns, or by the municipal body if the subdivision
ways and utilities have been accepted by same. No research has been done to
determine whether this drainage easement has been accepted by the City of
Salem.
- "We will, as stated in our letter to the Conservation Commission, file a Notice
of Intent that would be designated to provide for long-term, annual maintenance
of several critical drainage channels or streambeds in the City, including this
one"
4/25/1991 Excerpt of Correspondence from Stanton Bigelow, City Engineer to
Juli Riemenschneider, Conservation Agent.
"No Certificate of Compliance has been issued by your Commission in this
case...I ask that this letter be allowed to serve as my Affidavit, as required by the
Order of Conditions, that work was so completed".
- "It would be inadvisable to limit access to the area of the foot bridge.... as we
intend to continue to provide annual channel maintenance of the stream in the
area between Gallows Hill Road and the bridge, and would need to maintain the
footpath from Valley Street for our own access".
- "As part of our subsequent Notice of Intent for the annual channel maintenance
work we will provide the design of some proposed devise to limit access to the
area to only our work crews".
r
4/25/1991 Excerpt of Correspondence from Stanton Bigelow, City Engineer to
Mr. Jack Anderson, 79 Valley Street.
- "As I state in my letter to the Planning Board, our intention is not to in any way
preclude you and your neighbors from filing a Notice of Intent with the
Conservation Commission for your own project to fill or otherwise alter the
existing wetland area..".
- "We do intend to file our own general Notice of Intent, to provide annual
stream maintenance work at your site, as well as several other such sites around
the City...".
5/23/1991 Certificate of Compliance—DEP #64-183
"Work regulated by the above-referenced Order of Conditions has been satisfactorily
completed"
7/16/1991 Excerpt of Correspondence from John Vallis, Chainman of Salem
Conservation Commission to Stanton Bigelow, City Engineer.
- "The Conservation Commission is requesting that the drainage channel running
parallel to Valley Street be included in your department's yearly maintenance
schedule".
-"Several neighbors have requested that the brush and other debris which
regularly impede the flow of water,be removed from the channel....we have
received numerous complaints regarding flooding upstream and would like to see
the matter resolved".
7/7/1992 Excerpt of Correspondence from Robert Blenkhorn, Health Agent to
Stanton Bigelow, City Engineer.
- "The Salem Heath Dept. has received numerous complaints regarding the
conditions of an easement maintained by the City of Salem Department of Public
Works which abuts the property of 79 Valley Street".
- "On June 23, 1992 a joint inspection of the wetlands area was conducted by
Julie Foresberg, Sanitarian of the Salem Health Dept. and Debra Hurlbert of the
Salem Con Comm...at that time the excessive overgrowth and stagnant character
of the water were noted".
- "We recommend that the overgrowth be cleared and the flow of the stream
freed from its current stagnation,thus eliminating complaints that will need to be
addressed from a public health perspective as soon as possible".
LA �(
"' 310 CMR 10.00
Form 8 DEP Fne No 64-183
1 io oe oroviaeo oy DEP)
_
city iowr Salem
Commonwealth
=
of Massachusetts ADDi�can! Dept. of Public Services
Wit= �
Certificate of Compliance
Massachusetts Wetlands Protection Act, G.L. c. 131 , §40
From The Salem Conservation Commission Issuing Authority
To The Salem Dept. of Public Services — One Salem Green. Salem. MA
(Name] (Address)
For work located near Valley Street
Date of issuance May 23 1991
This Certificate is Issued for work regulated by an Order of Conditions issued to Department of Publ;c Services
dated Oct. 17 . 1989 and issued by the Salem Conservation Commission
1 . It is hereby certified that the work regulated by the above-referenced Order of Conditions has j
been satisfactorily completed.
2. — It is hereby certified that only the following portions of the work reoulated by the aoove-refer-
enced Order of Conditions have been satisfactorily completed: (It the Certificate of Compliance
does not include the entire project. specify what portions are included.(
3. _ It is hereby certified that the work regulated by the above-referenced Order of Conditions was
never commenced.The Order of Conditions has laosed and is therefore no longer valid. No future
work subject to regulation under the Act may be commenced without filing a new Notice of intent
and receivmc a new Order of Conditions.
..........................................................................................................................
(Leave Soace Blank)
6.1
Effective 11/10/69
This certificate shall be recoraed in the Registry of Deeds or the Land Court for rhe district In
which the land is located. The Order was originally recorded on (date)
at the Registry of . Book . Page
The following conditions of the Order shall continue: (Setforth any conditions contained in the
Final Order, such as maintenance or monitoring, which are to continue tar a longer period.)
issued by
Sianature(s)
AY4 A A xL
s
s -
i
When issued by the Conservation Commision this Certificate must be signed by as majority o is members.
On this �� day of 7 C 19before me
personally appeared ` � .�.Y -f�(�-P ///C--'`—C . to me known to be the
person described in and who executed the foregoing Instrument and acknowledged that he/she executed
the same as his/her free act and deed.
G
Notary Public My commission expires
poison on dotted line and submit to the _
To Issuing Authonty
Please be advised mat the certificate Of COmbiWlce for me Orolect al:
File Number nas been recorded at the F1e015lry Of
ant has teen notea!n:ne-nam of tate oa:ne atiec:ee orccem cn t o
,ec-,tec ianc.r-e-ns:rument rumcer,r.;_c:tentwes tn:s uansacton's
°recistereo largo.the cocwment number wnicn identifies ms:ransact10n is
Signalure Aotiocan1
S-2
---_ _ ®� er'� u rfcacte �Certiftca�te. CcNo. 47575 1
Doc.No.164363
From Certificate No. 35764 , Originally Registered August 22, 1904 , in
Registration Book 1 page 118 for the Southern Registry District of Essex County,
X48 W to %trttflJ that John E. Anderson and Margery A. Anderson, his wife,
of Salem in the County of Essex and Commonwealth of Massachusetts,
are the owner(s) in fee simple
as tenants by the entirety, i
of that certain parcels) of land situate in Salem
in the County of Essex and said Commonwealth of Massachusetts, bounded and described as follows:
SOUTHWESTERLY by Valley Street eighty seven and 13/100 (87.13) feet;
NORTHWESTERLY by lot 135, as shown on plan hereinaftermentioned, one hundred ninety two
and 31/100 (192.31) feet; C A#7' 7 dr -C 5
NORTHEASTERLY by lot 74, as shown on said plan, eighty seven and 13/100 (87.13) feet;
and
SOUTHEASTERLY by lot 137, as shown on said plan, one hundred ninety two and 31/100
(192.31) feet.
ey
All of said boundaries are determined by the Court to be located as shown upon plan numbered
M856-U. drawn by Carter 6 Towers Engineering Corp., dated April 28, 1965, as modified and
approved by the Court, filed in the Land Registration Office, a copy of a portion of which
is filed with Certificate of Title 1135764 in said Registry, and the above described land
is shown as lot 11136, on last mentioned plan.
M
a Part of the above described land is subject to an easement in favor of lot 142, as shown
CD on said plan, as described in an Easement from Robert M. Amsden et ux to Salem Acres, Inc. ,
dated December 24, 1965, and filed as Document 11119767 in said Registry, and shown on plan
filed with Document 11119766 in said Registry.
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Elizabeth Rennard, Esquire
From: Bruce Thibodeau [BruceThibodeau@Salem.com]
Sent: Friday, August 13, 2004 12:16 PM
To: Beth Rennard
Cc: Denise McClure
Subject: FW: Valley Street drain easement
Beth,
Could you give us some direction on this issue? I have no records that any
easement was filed but are we in there by right since the drainage system
has been their for so long?
Bruce D. Thibodeau, P.E.
Director of Public Services/City Engineer
120 Washington Street, 4th Floor
Salem, Massachusetts 01970
1: (978) 745 9595 x 321
F: (978) 745 0349
> -----Original Message-----
• From: Joe Nerden
> Sent: Thursday, August 12, 2004 5:58 PM
> To: Bruce Thibodeau
> Cc: Frank Taormina; Denise McClure
> Subject: Valley Street drain easement
> Bruce,
> Frank came up to talk about the drainage easement running behind the odd
> numbered houses on Valley Street. Mr. Anderson called him again for an
> answer.
> Frank indicated that you, Denise and he had discussed the situation and
> history of events.
> I told Frank I have no knowledgeofthis particular situation but that
> ownership of the drainage ditch and maintenance of the easement may be two
> different things; similar to City sidewalks and snow removal. I do not
> know. the answer one way or the other. It sounds as if there is a legal
> issue withwho actually owns the drainage easement, done at the time of
> the subdivision; the developer or the City. One thing is for sure, the
> drainage easement must continue to exist or else there will be problems
> with the piped system now owned and maintained by the City on Gallows Hill
• Road. Was the easement accepted along with the road and utility
>. acceptances? If accepted, where is the City's point and right of access?
> There also seems, to be an issue with home owners impacting the wetlands,
> as is the case at No. 77 Valley Street, where there has been some dumping,
> filling and digging in the wetlands.
> Joseph E. Nerden
> Asst. DPW Director &
> Asst. City Engineer
> Department of Public Services
> 120 Washington Street, 4th Floor
> Salem, Massachusetts 01970
> tel. 978.745.9595 x321
> fax. 978.745.0349
> email: jnerden@salem.com
1
310 CMR 10.99C9-� -7;f 04 C 3 i
Curd
Form car( 331402- DEQEFile No 64-183
�t ' ' ,-
-3 -31151 (To be orov,tled by DEQEi
Commonwealth C .+ ;k7e)1_ 6�04r ?> I 1c�ry�iown City of Salem _
of Massachusetts ,y � � I ., Dept. of Public Services
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`S aOrder of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
From SALEM CONSERVATION COMMTSSTON -
ToDepartment of Public Sari7'66H City of Salem -
(Name of Applicant) (Name of property owner) FEE
L�
Address One Salem Green, Salem, Ma. 01970 Address 43 Washington Street , Salem, Ma.
This Order is issued and delivered as follows: - co
by hand delivery to applicant or representative on_ge t-eber '989 - (date) _=
co
by certified mail, return receipt requested on (date)
This project is located at Valley Srre r
The property is recorded at the Registry of
Book Paae
Certificate(if registered) o
G,
The Notice of Intent for this project was filed on July 25, 1989 (date) c=)
The public hearing was closed on September 28, 1989 (date) N
Findings
The Salem Conservation Comm;ac;on has reviewed the above-referenced Notice of t
43
Intent and plans and has held a public hearing on the project. Based on the information available to the 9
,;,,.-at this time. theg orb r 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):
❑ Public water supply Flood control ❑ Land containing shellfish
❑ Private water supply EJ Storm damage prevention ❑ Fisheries
❑ Ground water supply ❑ Prevention of pollution ❑ Protection of wildlife habitat
Filing Fee S
Refund Due S
Effective 8/1/89 5-1
Therefore. the Conservation Commission hereby finds that the following conditions are
necessary, in accordance with the Performance Standards set forth in the regulations,to protect those inter-
ests checked above. The_goesez;aL4!ef, GeffffR4!99}en 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 fol-
lowing conditions modify or differ from the plans, specifications or other proposals submitted with the Notice -
of Intent, the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein, and with all related statutes and other regulatory 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 auttnr¢e any ktiury ;
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes, ordinances,by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act;or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years, from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order.
5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash,refuse. rubbish or de- q
bris, including but not limited to lumber, bricks, plaster, wire, lath, paper, cardboard, pipe.tires,ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appeal has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the Land
Court for the district in which the land is located,within the chain of title of the affected property. In the
case of recorded land,the Final Order shall also be noted in the Registry's Grarrtorindex under the name
of the owner of the land upon which the proposed work is to be done.In the ease of registered land,the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon vrhich
the proposed work is to be done.The recording information shall be submitted to the ren carva r i ommissi
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words, "Massachusetts Department of Environmental Quality Engineering,
File Number 64-183
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
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12. The work shall conform to the following plans and special conditions:
5-2 1
Plans:
Title Dated Signed and Stamped by: On File with:
AREA TOPOGRAPHIC 7/21/89 George E. Whittie, P.E. Salem Conservation Commission
PLAN
TIMBER FOOT BRIDGE— 9/22/89 George E. Whi ti -P. ,. Salem Conservation Commission
Over stream adjacent
to Valley Street
SPecial Conditions(U
se additional paper if necessary)
1 . All work shall conform to the above—referenced plans. Any change
made or intended to be made in the approved plans shall require the
applicant to file a new Notice of Intent or to inquire of the -
Conservation Commission in writing whether the change is substantial
enough to require a new filing.
2. The City Engineer shall take measures to protect any vegetation in
the project area which, in his judgement, needs to be maintained.
3. Cleanup shall extend beyond area outlined on plan to include removal
of any debris in the vicinity of the project area needed to facilitate
water flow thereby alleviating the problem of mosquitoes .
4. Obstacles shall be placed in such a way as to prevent any vehicle -
from travelling in area.
5. Upon completion of the project, the applicant shall submit a request
for a Certificate of Compliance along with an affidavit prepared by the
City Engineer, certifying that work was completed in accordance with the
requirements of this Order of Conditions and the referenced plan.
.......................................................................................................................................................................................
(Leave Space Blank)
5-3A
r sf Y r
Issued By COrl?*vatio7coroission Conservation Commission
Signatur
This Order must be signed by a majority of the Conservation Commission. -
On this day of �f,U-,L �,/ 19 before me
personally appeared �Tyw �y1L :- /lzt1.�/(SGL to me known to be the
person described in and who executed the foregoing instrument and acknowledged that executed
the same as his/her free act and deed.
/1 /'f/e. J"L ./1. V
Notary�J u tic My commission expires
The applicant,the owner,any person aggrieved by this Order.any owner of land abutting the land upon which the proposed work is to be
done or any len residents of the city or town in which such land is iocaled we hereby notitiad of their right to request the Department of
Environmental Quality Engineering to issue a Superseding Order,providing the request is made by candied mail or hand delivery to the
Department,with the appropriate filing lee and Fee Transmittal Forth as provided in 310 CMR 10.03(7),within ten days from the date of
issuance of this Order.A copy of the request shall at the same time be sent by certified mail or hand delivery to the Conservation
Commission and the applicant.
Detach on dotted line and submit to the Salem Conservation Commission prior to COMMIRflCement of work.
To - Issuing Authority
Please be advised that the Order of conditions for the project at
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected properly in accordance with General condition 6 on.. 19—
If
9_If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature Applicant `
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25000 ROAD CLASSIFICATION 2,
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Primary highway, Light-duty road, hard or e<
woo 5000 6000 TODD FEET hard surface -.___._ improved surface...
1 KILOMETER Secondary highway,
hard surface _......--- Unimproved road. e ��
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TICAL DATUM OF 1929 / � t l-� -
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,NAL-MAP ACCURACY STANDARDS QUADRANGLE LOCATION SALEM, MASS. LOG� �1
SURVEY,RESTON,VIRGINIA 22092 N4230—W7052.5/7.5
AND SYMBOLS IS AVAILABLE ON REQUEST Revisions Shown in purple Compiled in cooperation with State of
Massachusetts agencies from aerial photographs taken 1977 and other 1970
PHGTOREV 1979
source data. This information not field checked. Map edited 1979
AMS 6869 111 SW-SERIES V814
f
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
July 7, 1992
JUL u 8 1992
Stanton Bigelow n r�
City Engineer SALCIg 1 f�.Atl<Er� G DEPT.
Director of Public Services
City of Salem Department of Public Works
One Salem Green
Salem,MA 01970
Dear Mr.Bigelow:
As you are undoubtedly aware,the Salem Health Department has received numerous complaints regarding the condition of
an easement maintained by the City of Salem Department of Public Works which abuts the property at 79 Valley Street.
The complaintant is concerned by the growing populations of raccoons,muskrats,and rats which nest in the overgrowth
prevalent in this wetlands area,as well as the mosquito population currently fostered by its stagnant water.
On June 23, 1992 a joint inspection of the wetlands area was conducted by Julie Forsberg,Sanitarian of the Salem Health
Department and Debra Hurlbert of the Salem Conservation Commission.At that time the excessive overgrowth and
stagnant character of the water were noted.
This Department is aware that the Department of Public Works is currently preparing a proposal to ameliorate conditions
that cause the stream to stagnate.It is the opinion of this Department that a free flowing stream would reduce overgrowth
in the area,making the stream less habitable for the small mammalian pests currently nesting there.With habitat reduced,
the animals should move on without human intervention.Furthermore,a free flowing stream will greatly eliminate
mosquito breeding area.
We recommend that the overgrowth be cleared and the flow of the stream freed from its current stagnation,thus
eliminating complaints that will need to be addressed from a public health perspective as soon as possible.
Please let us know if the Health Department can be of further assistance,and keep us apprised of the Department of Public
Work's plans and progress.
For the Board of Health, Reply to,
�
Robe�nkho � Julie Forsberg
Health Agent Sanitarian
REB/jf
cc: Debra Hurlbert: Planning Department
John and Margery Anderson:79 Valley Street, Salem,MA 01970
R
Ay Department of Vuhlir ,C crijirrs
(line $a1cm (Breen
N�IMAf. i'
745-9595 �xt. 321
STANTON W.BIGELOW,P.E.
City Engineer
Director of Public Services :;
April 25 , 1991 rH E,C, E U E u
NuR 2 y 1999
Salem Planning Board �{]� ,1 PLANNING DEPL
c/o Planning Department
One Salem Green
Salem, MA 01970
Attention: William E. Luster, City Planner
Re: Valley Street Drainage Easement
Dear Bill :
In response to your letter dated April 22, 1991, I have enclosed a
copy of my letter of this date to Juli Riemenschneider, Agent for
the Salem Conservation Commission, relating to Department of
Environmental Protection (DEP) File No. 64-183 . It would appear
that the work authorized by the Order of Conditions in this case
was completed in the 1990 construction season, with some follow-up
maintenance work (clearing recently-placed obstructions to flow)
done this spring as part of our Essex County House of Corrections
Inmate Work Assistance Program.
As part of our recent maintenance work, our work crew removed
vegetation which has grown up in the upstream reaches of the
stream channel, as well as in the adjacent bordering vegetated
wetland. Para. 3 of the Order of Conditions, dated October 17,
1991, states, that I " . . .shall take measures to protect any
vegetation in the project area which, in [my] judgement, needs to
be maintained. " I am concerned that our work crew, and their
foreman, are not qualified to make the determination of what
constitutes wetland vegetation to be maintained, nor is it fair to
afford such a responsibility to them. We are therefore requesting
that the Conservation Commission issue a Certificate of Compliance
in DEP File No. 64-183, allowing us to close this case out.
Mr. Jack Anderson of 79 Valley Street has also come to this office
with his concerns regarding what he perceives as a "lack of main-
tenance by the City of Salem" of a drainage easement behind his
property. While I would agree that flooding of the area beyond
the banks of the small stream channel does occur, as it did during
-2-
the recent Nor'easter on Sunday, April 21, 1991, I do not intend
to approach the Conservation Commission with any request to
enlarge the existing channel on behalf of the City.
Regulations of the DEP most recently promulgated under Mass . G.L. ,
Ch. 131 , s . 40 (Wetlands Protection Act, as revised) contain per-
formance standards that specifically prohibit the alteration of
more than 50 feet of embankment, or the filling of more than 4 ,000
square feet of bordering vegetated wetlands . It is doubtful that
any case could be reasonably made for overcoming these performance
standards in the interest of public health and safety, as the
bordering vegetated wetland area upstream of the footbridge is an
extension of a larger, downstream bordering vegetated wetland
area, and performs as such.
The floodplain enclosed by Valley Street, Gallows Hill Road and
Almeida Street is important to the interests of flood control and
storm damage prevention, as it serves to store and delay peak
storm runoff into the downstream South River Basin reaches . From
review of 1955 topographic base maps of the area, made prior to
the development of these streets, it appears that an upper ponded
storage area was filled and otherwise altered by their
construction and the construction of homes in the area. Further
filling or alteration of the remaining floodplain would not be in
the best interest of the City, and we therefore do not intend to
seek an Order of Conditions from the Conservation Commission for
any such. project.
There does, indeed, exist a drainage easement through the rear
yard areas of several lots at the northwestern end of Valley
Street. Drainage easements of this nature are provided for the
purpose of maintaining existing structures or channels, by the
original developer or his assigns, or by the municipal body if the
subdivision ways and utilities have been accepted by same. No re-
search has been done to determine whether this drainage easement
has been accepted by the City of Salem. The existence of such an
easement does not guarantee abuttors or affected property owners
any form of relief from flooding or storm damage prevention, and
they should understand that their properties were purchased with a
"buyer beware" caveat, particularly with respect to the existence
of an on-site bordering vegetated wetland.
We will not, as stated, pursue any project involving the filling
or alteration of the bordering vegetated wetland, however, we do
not wish to create the impression that this action should in any
way limit or obfuscate the rights of the affected property owners
to pursue such a project on their own. We will, as stated in our
letter to the Conservation Commission, file a Notice of Intent
that would be designed to provide for long-term, annual
-3-
maintenance of several critical drainage channels or streambeds in
the City, including this one.
Should you or any member of the Planning Board have any questions
in this matter, I would be pleased to attend a meeting of the
Board to answer them.
Very truly yours,
CITY OF SALEM
DEPA MENT OF PUBLIC SERVICES
5
Stanton W. Bigelow, P.E.
Director/City Engineer
cc: Juli Riemenschneider, Agent, Conservation Commission
Dan Geary, Mayor' s Office
Donald McInnis, Ass 't. Director of Public Services
Richard Lis, Ass't. City Engineer
Mr. Jack Anderson, 79 Valley Street
Pryartment of Public $rruires
A'OIMINf O`i
One $alem Oreen
745-9595 ±ext_ 321
STANTON W.BIGELOW,P.E.
City Engineer
Director of Public Services
April 25, 1991
Salem Conservation Commission
c/o Planning Department
One Salem Green
Salem, MA 01970
Attention: Juli Riemenschneider, Agent
Re: DEP File No. 64-183; Request for Certificate of Compliance
Dear Juli :
I have reviewed the above-referenced case as a result of recent
correspondence from Bill Luster on behalf of the Planning Board.
It has come to my attention that, while the work required to be
done by the City of Salem Department of Public Services, under the
Order of Conditions issued on October 17, 1989 and filed at South
Essex Registry of Deeds on October 18, 1989 ( in Book 10194, Page
192) , has been completed, no Certificate of Compliance has been
issued by your Commission in this case.
The work having been completed in accordance with the Order of
Conditions and the plans titled "Area Topographic Plan" and
"Timber Foot Bridge, " dated 7/21/89 and 9/22/89, respectively,
prepared by the Salem Engineering Department, I ask that this
letter be allowed to serve as my Affidavit, as required by the
Order of Conditions, that work was so completed.
In addition, on behalf of the City of Salem, I request that the
Salem Conservation Commission issue a Certificate of Compliance in
this case, for filing at the South Essex Registry of Deeds, at its
earliest convenience.
-z-
It would be inadvisable to limit access to the area of the foot
bridge by vehicles, as we intend to continue to provide annual
channel maintenance of the stream in the area between Gallows Hill
Road and the bridge, and would need to maintain the footpath from
Valley Street for our own access . In addition, recent lawsuits in
other communities relating to accidental deaths and injuries
resulting from "obstacles" placed in public right-of-ways cause us
to re-think the design and degree of permanence of exclusionary
devices . Therefore, we ask that the Conservation Commission vote,
prior to issuing the Certificate of Compliance, to rescind the
requirement for placing obstacles to vehicular access to the area.
As part of our subsequent Notice of Intent for the annual channel
maintenance work, we will provide the design of some proposed
exclusionary device alternatives to limit access to the area to
only our work crews .
Should you or any member of the Conservation Commission have any
questions in this matter, I would be pleased to attend a meeting
of the Commission to answer them.
Very truly yours,
CITY OF SALEM
DEPARTMENT OF PUBLIC SERVICES
Stanton W. Bigelow, P.E.
Director/City Engineer
cc: Bill Luster, Planning
Dan Geary, Mayor's Office
Donald McInnis, Ass't. Director of Public Services
Richard Lis, Ass't. City Engineer
Mr. Jack Anderson, 79 Valley Street
��r , ,r,,a� (�i�� of �SttXem, �tt��ttcl�uset#s
9 \
+Pepar#men# of Public ier`Jices
(One $alem (}green
HOIMIv fIM%
745-9595 l&xt_ 321
STANTON W.BIGELOW,P.E.
City Engineer
Director of Public Services
April 25, 1991
Mr. Jack Anderson
79 Valley Street
Salem, MA 01970
Re: Valley Street Drainage Easement
Dear Mr. Anderson:
Enclosed are correspondences from this office to the Salem Conser-
vation Commission and the Salem Planning Board relating to the
above-referenced matter. These letters are being copied to you to
inform you as to our intention regarding the drainage easement in
your rear yard area.
As Isstate-_in-ymy letter to the Planning Board, our intention is
not�to.i__n�_any_way preclude you and your neighbors from fiing, a
No_tice�of Intent-with-=the-Conservat on�Commission for your own
project to fill or otherwise alter the-existing wetland area that
traverses the rear of your properties. It is not the intention of
the City of Salem Department of Public Services to participate in
such a project, either physically or financially.
We_do intend to file_o-ourgeneral Notice of Intent, to _provide
annual---stream—maintenance work at your site, as„well as several
other such_s.ite.s:ar.o.und=th City,w th-the Con
-ire- -t Commission
at our earliest convenience.
-2-
If you should have any questions, please do not hesitate to call
me. If you would like to meet with me again regarding this
matter, please feel free to call for an appointment.
Very truly yours,
CITY OF SALEM
DEPARTMENT OF PUBLIC SERVICES
1 1
Stanton W. Bigelow, P.E.
Director/City Engineer
cc: Bill Luster, Planning
Juli Riemenschneider, Agent, Conservation Commission
Dan Geary, Mayor's Office
Donald McInnis, Ass't. Director of Public Services
Richard Lis, Ass t. City Engineer ineer
2 z Conservation Commission
Salem. Massachusetts 01970
ASS
July 16, 1991
Stanton Bigelow
Director of Public Services
One Salem Green
Salem, MA 01970
Dear Mr . Bigelow:
The Conservation Commission is requesting that the drainage
channel running parallel to Valley Street be included in your
department ' s yearly maintenance schedule . Several neighbors have
requested that the brush and other debris which regularly impede
the flow of water, be removed from the channel . The Commission
understands that limited resources may not allow additional work,
however, we have received numerous complaints regarding flooding
upstream and would like to see the matter resolved.
Thank you for your assistance in this matter .
in er ly, r
ohn G. Va in
Chairman
cc : Jack Anderson
D1016
Form 4
DEOE File No.
` (To be provided by OEGE)
Commonwealth City/Town
of Massachusetts Apples, C r-r if of siQC£E_M
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. Location:Street Address Valley Street Lot Number As3essors Sheet 1115
2. Project: Type Maintenance Description Removal of the
remains of a culvert and fill
3. Registry:County Esser. Current Book &Page
Certificate pf Registered Land)
4. Applicant: Deaartment of Public Services Tel. 74S 535cS
Address: One Salem Green, Salem. 14A 01970
5. Property Owner: Citi of Salem Tel, (508) 745-9595
Address: 93 Washinr.ton Street, salem. PSA 01970
6. Representative: George E. W'nittie, City Engineer Tel, (503) 745-9595
Address One Salem Green; Salem, PSA 01970
7. Have the Conservation Commission and DEOE Regional Office each been sent,by certified mail or
hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes 3 No ❑
8. Have all obtainable permits.variances and approvals required by local by-law been obtained or applied
for?Yes ❑ No 3
Obtained: Applied For: Not Applied For:
9. Is any portion of the site subject to a Wetlands Restriction Order pursuant to G.L.c. 131. §40A or G.L.
c. 130,§1057 Yes ❑ No
10. List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number/Letter Title/Date
P-1 Area Topographic Plan
P-2 Aerial Plan
P-3 Wetlands Plan
P-4 Assessor's Plan
4.1
Effective 11/1/67
A;
1 1. For work proposed within the Buffer Zone(as defined in Part I, Sections 10.02(2)and 10.04 of the reg-
ulations)describe, with reference to supporting plans and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
It is proposed to excavate a 320 S.F. of trapozoidal area within the channel and
buffer zone as shown on plan P-1 . The purpose of this work is to restore the channel
to the condition existing prior to the placement of the washed out culvert.
A timber crossing will be provided in order to maintain the pathway.
(b) Mitigating measures and designs to insure that the proposed work will not alter the resource area
which said Buffer Zone borders: or if it will alter said resource area. the mitigating measures and
designs proposed to meet the performance standard established for that resource area in Part II
or Part III of these regulations.
E::cavation from the channel will be limited to materials that are presently
impeding the flow of the brook. Haybales will be placed downstream of the
work in order to limit erosion problems.
12. For work proposed within land Subject to Flooding(as defined in Part III, Section 10.57(2)of the reg-
ulations)describe,with reference to supporting pians and calculations where necessary:
(a) The size, shape, type and location of the proposed work.
NA
(b) Mitigating measures and designs proposed to meet the performance standards set forth in Part
III, Sections 10.57(4)and 10.60 of the regulations.
13. For proposed work within Land Subject to Flooding which will alter said resource area.or for
proposed work in a Buffer Zone which will alterthe resource area which said Buffer Zone borders.
Is the area which will be altered located on the most recent Estimated Habitat Map(if any)of rare,
"state-listed"vertebrate and invertebrate animal species occurrences provided to the conser-
vation commission by the Natural Heritage and Endangered Species Program?
YES [ ] NA NO [ ] Date printed on the Estimated Habitat Map issued
NO MAP AVAILABLE [ ] (if any)
If yes, have you completed an Appendix A and a Notice of Intent and filed them, along with
supporting documentation with the Natural Heritage and Endangered Species Program in person,
or by courier or registered mail,so that the Program shall have received Appendix A prior to the
filing of this Notice of Intend
YES ( ] NO [ ]
4.2
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans, documents and supporting/data are true and complete, to the best of my knowledge.
C, —,1'/-7
Signature of Applicant Date
Signature of Applicant's Representative Date
4.3
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PROFILE OF STREAM
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20' 15'
99.5 — - - - -
98.5 —
99.5 + +101.4 TOPOF BANK PROPOSED REGRADING
x OF CHANNEL
95
99.5 SCALE HORZI I"= 20'
PROPOSED REMOVAL OF GRAVEL, VERT: I"= 4
BOULDERS AND ACCUMULATED
SILT IN CHANNEL.
WOODED 9e.4
103.4
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>- x 102.19 _ PROPOSED 12' L x 6'W
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EDM NyQ' ., (N.T.S.)
NOTE: THEIR ARE NO FIELD INDICATIONS AOF ISTUEPj'y'�° 11
+ OF AN EXISTING CULVERT.
AREA TOPOGRAPHIC PLAN
SCALE Ia 20 APPROVED BY DRAWN 8Y R
AIL
DATE 7/.21/89 I I REVISED
SALEM ENGINEERING DEPARTMENT
SHEET P-1
BENCH MARKS ASSUMED