3A WINTER ISLAND ROAD - CONSERVATION COMMISSION (3) 3A Winter Island Road
Winter Island Yacht Club t
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z Conservation Commission
Salem. D1assachusetts 01970
�91:�SS
September 17, 1984
Mr. James Hacker, Chairman
Board of Appeal
One Salem Green
Salem, MA. 01970
Re: Petition of William and Louise Pelletier requesting the Board have
the Building Inspector order the removal of the boat cradles from the
tidal flats in front of 5 Columbus Square (R-1) .
Dear Mr. Hacker:
The Conservation Commission has discussed the matter of the Winter Is-
land Yacht Yard at two of their meetings in July. It has been brought to
our attention that the matter will be discussed before the Board of Appeal
on Wednesday, September 19.
On July 12, 1984, the Commission discussed the matter informally
with both Mr. Haywood's attorney and the attorney for the Pelletiers. Fol-
lowing some lengthly discussion, it was decided that the Conservation Com-
mission would inspect the site to determine, if any wetlands violations had
occurred. It was further agreed at that meeting that any repair work to
the boatyard would require a formal filing of a Notice of Intent under the
Wetlands Protection Act. Mr. Haywood expressed his intention to cooperate
fully in this matter.
At its meeting of July 26, 1984, it was the consensus of the Commission
members present, based upon an inspection of the site, that the configuration
of the boatyard had not changed and no wetlands violations were apparent. It
was further ascertained that no outstanding permits from the Division of
Waterways existed for the site in question. The minutes from that meeting
state, "the consensus of the Board was to do nothing further until plans
are submitted for repair work. Upon the motion of James MacDowell and second
of Raymond Lavender, the inatter was tabled. It was so voted. "
I hope this information will be helpful to you in your deliberations.
Sincerely yours,
�
Philip Moran 'A't
Chairman /(-
dey �J
FRANCIS TRIMBLE MAYO TELEPHONES
ATTORNEY-AT-LAW 611-Tadd1.8
90 PEOERAL STREET 617�744.114D
SALEM. MASE. OIRTO
June 15, 1984
Chairman
Salem Conservation Commission
2 Salem Green
Salem, Massachusetts 01970
Re: Complaint Against Peter Haywood, d/b/a
Winter Island Yacht Yard
Dear Sir or Madam:
This office represents Mr, and Mrs. William Pelletier who
live at 5 Columbus Square, Salem. The Pelletieras property
abuts that of Peter Haywood and the Winter Island Yacht Yard
located at 3-A Winter Island Road. Both parcels referred to
abut wetlands.
The Pelletiers have observed the placement of substantial
fill at the Yacht Yard, some of which has spilled directly onto
their property. The fill referred to has significantly in-
creased the area of the yard. The filling was undertaken with-
out permit and in direct contravention of Massachusetts ' General
Laws Chapter 131, section 40.
We respectfully request that you order the prompt removal
of all such fill for which no permit was duly obtained, and that
any further filling be henceforth enjoined.
Your cooperation is appreciated.
Sincerely yours,
FRANCIS T. MAYO
FTM: jl ¢� i
CC : Mr. and Mrs. William Pelletierq
cc : G. William Rendle, Esquire
221 Essex Street
Salem, Massachusetts 01970
ROBERT W.WELCH 617-744-0637 WILLIAM B.WELCH(1929-1975)
WILLIAM J. LUNDREGAN
CATHERINE L.BEGLEY
JANET. LUNDREGAN OF COUNSEL
J. PATRICK BURKE
June 20, 1984
Salem Conservation Commission
2 Salem Green
Salem, MA 01970
RE: Winter Island Yacht Yard
Dear Sir:
Please be advised that I am in receipt Of correspondence from Francis T.
Mayo, Esquire, to you dated June 15, 1984, with reference to my client,
Peter S. Haywood d/b/a Winter Island Yacht Yard.
This is to advise you that at no time have my clients placed fill at the
Winter Island Yacht Yard, in violation of Chapter 131, Section 40. In
fact, whatever work has been done at that yard has been done under the
supervision of and with the approval of the United States Army Corps of
Engineers.
In fact, it should be understood by the Conservation Commission that Mr.
Mayo's letter to you is just one further act in a long line of harrassment
conducted by his client against my client with reference to the operation
of the boat yard.
If you have any questions with reference to this matter, please do not
hesitate to call me.
Very truly your ,
WILLI LUNDREGAN
WJL:mef
cc: Francis T. Mayo, Esquire
Mr. Peter S. Haywood
ON
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Saleen. lcAascacausF�tts 01970
iE?c\
June 25, 1984
Francis Trimble Mayo, Esquire
30 Federal Street
Salem, MA 01970
RE: Alleged filling of Juniper Cove by the Winter Island Yacht Yard
Dear Mr. Mayo:
The Conservation Commission respectfully requests the attendence of
your clients, Mr. and Mrs. William Pelletier, at the July 12, 1984 meeting
at One Salem Green, second floor, at 8:00 p.m. This will be an informal
discussion to determine what future actions, if any, will be taken. Thank
you very much.
Sincerely yours,
Philip D.
Moran .`
Chairman
CNF:cnf
cc: William J. Lundregan, Esquire
Mr. Peter Haywood
Mr. and Mrs. William Pelletier
i
� 'k�OTYJUIMR-15 RIM'
Salem. AIassacsYii!�c,ffs 0197U
June 25 , 1984
William J. Lundregan, Esquire
221 Essex Street
Salem, MA 01970
RE: Alleged filling of Juniper Cove at the Winter Island Yacht Yard
Dear Mr. Lundregan:
The Conservation Commission respectfully requests the attendence
of your client, Mr. Peter Haywood, at the July 12, 1984 meeting at One
Salem Green, second floor, at 8:00 p.m. This will be an informal dis—
cussion to determine what future actions, if any, are necessary. Thank
you very much.
Sincerely yours,
Philip D. Moran
Chairman
CNF: caf
cc: Francis T. Mayo, Esquire
Mr- Peter Haywood
Mr. and Mrs. William Pelletier
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3las.,achu,�etts 111();0
NOTICE OF MEETING
You are hereby notified that the Salem Conservation Commission will hold
its regular meeting on Thursday, July 12, 1984, at 7:30 p.m. (NOTE CHANGE OF
TIME) , One Salem Green, second floor conference room.
Philip D. Moran
Chairman
Tentative Agenda:
1. Winter Island Yacht Yard--Discussion
2. Conservation Aide Reoort
a. Ragone update
b. Legg's Hill Pond update
C. Clayman update —
3. Approval of Minutes
4. Old/New Business
�O CO, r:
Conservation Commission
(� Salem. Massachusetts 01970
F ��e
ASSn�
July 11, 1984
SUMMARY OF 7/12/84 CONSERVATION COMMISSION AGENDA
Winter Island Yacht Yard
The alledged violations on this Juniper Cove land as seen by an abut-
ter are:
1. That the yacht yard owner has not maintained his retaining wall on
the northwest border of his property and because of this, boulders from the
wall have fallen onto the abutter's land into an area where there is eel
grass.
2. That the owner has filled an area on the southeast border of his
property illegally and has filled a culvert that is above an SESD sewage
pipe and easement.
3. That the owner has consfructb&a tent on that area above the SESD
pipe where he fiberglasses boats.
4. That the owner has moved a shed from one part of his site, onto a
pier that has been there for at least 30 years.
The "interests" relevant to the Wetlands Protection Act at issue are
Storm Damage Prevention and Flood Control.
Areas subject to protection under the Act for:this case are: the
Coastal Bank, the Coastal Wetland, the Salt Flat, the Salt Marsh, Land
Subject to Tidal Action, Land Subject to Coastal Storm Flowage, and Land
Subject to Flooding.
The present owner and past owner have ever come before the Conserva-
tion Commission with a Notice of Intent t do any work on the site. Nor
have they ever filed a Notice to Determine Applicability. Also, they have
never been before the Planning Board for a Wetlands Permit. The minutes
of ConCom for 3/21/78 do show that Mr. Cahill requested emergency funds
for damage from the Blizzard of 78, but that he was turned down because his
proposed plans were not relevant to staIrm damage prevention. He wanted to
replace his pier and float. There is no reference to any proposed filling.
Sequence of Events Filling Over SESD Pipe:
1. .In becember of 1977, SESD completed installing a pipe under
Winter Island Road and through the yacht yard. The plans for this pro-
ject clearly show iiater`going. all theiway up to the road. This ;is P�,�1'
also confirmed by .an October.1977`.aerial -photo- taken,by the Army. Corps., �� V`✓'
2: In the Spring of 1978, there were drainage problems on Winter dpi
Island.Road-,from the pipe installation. Mr:;Grennel, . SESD Engineer.,,; y P
did not have records of it but he said SESD went back in then and X>' ,cr ,
dug the area deeper and regraded some to improve the drainage.f VI/P
3. Later, time unknown, the City hired Macke to install a drainage
pipe to further improve the situation. Grennel did say, however that
after the work was done, the water still came up to the Road.
l
I
4. At present, the entire area approximately 50 feet from the road has
been filled with boulders. The present owner has built a tent on this
fill where he has a fiberglassing operation.
Other Issues:
The retaining wall on the northwest border of the property is a
violation of the act and it should be rebuilt. The owner should file
a Notice of Intent to do this work.
The shed that was moved is on a pier that existed before the Act
and does not have any impact on wetlands.
Ragone Update:
I went out to the Ragone site today to inspect. All but about 4 to 6
inches of the material has been removed. Mr. Ragone said the remainder will
be removed by tommorrow. I will inspect it before the meeting.
Leggs Hill Pond Update:
Paul Niman has informed me that he will not have time in the near future
to design a new outlet structure. He also feels it will cost $20,000 to
$30,000 to build and he does not know where DPW will get the money. He feels
the ConCom should threaten Macke with a negligence suit to get him to in-
stall a new structure. I informed him that ConCom is the regulatory agency
and that it is an issue between DPW and Macke.
The present outlet structure is clogged and the bank is intact. The pond
will retain its level, but may flood if we get heavy rains.
Clayman Update:
I visited the Clayman building with Health Agent Blenkhorn last week.
The plant is closed for a month for Summer vacation and will not reopen for
2 weeks. I inspected the air conditioning units and the pipes dumping into
the river are clearly only from those units. The head of maintenance at
Clayman said the air conditioning won' t be used until they reopen. They have
meters on the units so he will be able to tell me at that time what the volume
of water being discharged is.
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44 Columbus Ave..
Salem, Mass. 01970
July 8, 1984
To Whom It May Concern:
During the past few years, the Willows Yacht Yard
has increased in size. Much rock has been dumped
onto the sea to accomplish this expansion. There
is also a large new pier that has been added.
Yours truly,
GU IF OF MAINE RESEARCH CENTER X:=>
CONSULTING st"Icas
HUGH F. MULLIGAN, PH.D.
DIRECTOR
30 CHURCH STREET
SALEM. MA 01 970
(61 7) 745-6618 TELEX 940755 HARBORLAW
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Conservation Commission
• Salmi. Massachusetts 01970
CORRECTED 4/4/78
Minutes of Meeting------March 21, 1978
The Conservation Commission met at One Salem Green on Tuesday, March 21,
1978 at 7:35 P.M. Commission members attending were: Cleti Cervoni,
Brad Northrup, Brian French, and David DeVoe . Joe Antonelli, Conservation
Aide was also present.
Commissioners not attending: Paul Willis, James Rienhardt, Mary Ellen
Pelletier.
The Chairman declared the meeting in session with a quorum present
at 7:35 P.M.
Wetlands Hearing Continuation
A letter has been received from Paul Lausier, of the office of Town
Counsel of Marblehead, stating that before "any final steps are taken to
authorize the proposed drainage construction, the Town of Marblehead,
through its Water Department, would appreciate representatives of Salem
• meet with the Town to discuss the matter." In the ensuing discussion
it was the sense of the Commission that Joe Antonelli arrange a meeting
between representatives of Salem's Engineering Dept., Salem ConCom,and
Marblehead's Water Department to be held prior to the Conservation
meeting of April 4, 1978. Brian French reiterated that the Commission
needs the'design calculations' for the proposed drainage work at Vinnin
Square. Joe is to speak to Tony Fletcher relevant to this. A motion
was made by Brian French and secodded by Cleti Cervoni that the
continuation of the hearing for the proposed drainage project in the
Vinnin Square area be scheduled for Tues., April 4, 1978 at 7:30 P.M.
The vote was unanimous and the chairman declared the motion carried.
Acceptance of Minutes
A motion was made by Cleti -Cervoni and seconded by David DeVoe that the
minutes for February 21, 1978 be approved as written. Cleti Cervoni,
David DeVoe and Brad Northrup voted yea, Brian French voted nay. The
Chairman declared the motion.carried.
A motion was made by Brian French and seconded by Cleti Cervoni that
the minutes of March 7,- 1978 be accepted as corrected. The vote was
unanimous and the chairman declared the motion carried.
On site Inspections -. Emergency Permits
Mr._ Philip Cahill was present to discuss the proposed work. He stated
that as a result of the Feb4 6th blizzard the riprap on his property as
well as his complete launching ramp and pier needs replacing._ Brian
stated that an Emergency Permit cannot be issued at this time because
Mr. Cahill will have to have 10010 replacement of his jetty. A motion
was made by Brian French 'and`seconded by Cleti Cervoni that the
Minutes of 3/21/78 Page 2
• Wetlands Protection Act is not applicable to the replacement of the jetty
and pilings as well as the riprap as it previously existed. The vote
was unanimous and the Chairman declared the motion carried.
Dion's Boat Yard
Mr. Leo Dion was present to discuss the proposed action relevant to
his boat yard on Glendale Ave. Brian French reported on the results of
the inspection held on March 12, 1978. Brian stated that the floor of
the boathouse and the ripiap to the side of the boathouse located on
the northeast section of the boatyard needs replacement. In addition the repair of
The _pier, _ pilings and" dolphins located on the northeast sec-tion
.1 needs replacement. Finally, the bulkhead located in the south-
east section of the property needs replacement.
Brian further explained that in speaking to Mr. Dion, Mr. Dion had
stated that he proposed replacing the floor of the boathouse, the
rkprap to the side of it as well as the pier, pilings and dolphin as
it existed before the storm. Because this work would be one of re-
placement, Brian stated that the Wetlands Protection Act could be
found inapplicable. Brian further explained, however, that Mr. Dion
had stated that the bulkhead located on the southeast section of the
property was to be replaced in a different location and would involve
filling approximately 30 feet. For this reason, Brian stated that
a Notice of Intent would have to be submitted for this proposed work.
Mr. Dion then stated, that after further consideration, he now pro-
posed replacing the bulkhead directly in front of the bulkhead damaged
by the storm. He pointed out that by doing this there would be no
new filing necessary.
A motion was made by Brian French and seconded by Cleti Cervoni that the
Wetlands Protection Act is not applicable to the following work:
1. Replacement of the boathouse floor, and riprap to the side o£. the
boathouse.
2. Replacement of the pier, pilings and dolphins located on the
northeast section of the property.
3. Replacement of the bulhead as lcng as the new bulkhead is placed
in front of the disturbed .With no new filling.
4. The pier will .be repaired.
The vote was unanimous and the Chairman declared the motion carried.
Mr. Ginkus of 16 Glover Street (745-6414 was present to inform the
Commission that he wants to rebuild his sea wall because of damage
inflicted by the storm. Brad Northrup informed him that an on site
inspection of the site by the Commission is necessary before any
action can be taken. It was the consensus of the Commission that the
inspection be held on April 2, 1978.
Reginold Hartley, of the Marblehead ConCom was present to discuss the a
damage and actions resulting from it. He explained that the Marblehead
Commission had issued 28 emergency permits, but that the Marblehead
SOUTH ESSEX SEWERAGE DISTRICT
P. O. BOX 969
SALEM. MASSACHUSETTS 01970
SOUTH ESSEX TEL. 744-4550
SEWERAGE BOARD
JOSEPH B. O'K EEFE
HOWARD S. WILLARD '
CLERK
CHAIRMAN- -
- CLIFTON ER.N GRIN NELL
DAVID L. PHILLIPS
DISTRICT ENGINEER
COMMISSIONER OF PUBLIC WORKS. BEVERLY
.ALAN F. TAUBERT
DIRECTOR OF PUBLIC SERVICES, PEABODY
TRACY I. FLAGG
REPRESENTATIVE, TOWN OF DANVERS -
ANTHONY V. FLETCHER
CITY ENGINEER, SALEM June 17, 1976
EDWARD F. HUMPHREY
REPRESENTATIVE.TOWN OF MARBLEHEAD
Salem Conservation Commission
c/o Brian E. French
26 Pickman St.
Salem, Massachusetts 01970
Dear Mr. French:
Whereas, the Wetlands Protection Act , G.L. Chapter 131 , Section 40, exempts
from its provisions, any project authorized by Special Act prior to January l ;
1973 and whereas, Chapter 643 of the Acts of 1972 authorizing the entry of
Marblehead as a member of the South Essex Sewerage District and the construction
of sewer facilities and main sewers from Marblehead to the treatment plant in
Salem was accepted by a town meeting of the Town of Marblehead prior to January
1 , 1973, the construction authorized under said Chapter 643 is not within the
jurisdiction of the Conservation Commission of the City of Salem; and therefore,
the District shall not file any notice of intent for the construction authorized
by said Act.
Very truly yours,
SOUTH ESSEX SEWERAGE DISTRICT
/Cl,i'fton R. Grinnell
`District Engineer
CRG:od
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;A\ �\ / ONE ivA � ',TRAFFIC ATI ALL _r/",I , 1 - 25 ' PERMANE/V'T
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d = 24" 38' 30`
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4 - /30. 42'
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L a 66.02 '
T = 43. 68 ' 4f �, i-, rA`� `
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EA 5EME1V7 ; L
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20' TEMPORARY- 91 /L 6.4SE
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f'Oh�r/ON OF RE TA /N/NG YVALL \� \', \fir^ A CESS wEtLSE�
A5 REQUIRED Z7 iNS7.4�L P/FlF . \ � j To ex/sT s no..+.
SEE SPEC/17/CA7/0NS SECTION 6. 24 SEE o�TA�� sr�. c-6
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woR • *o ' RECORD DRAWING
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DRAWN BY SUIH t, SLX SEWERAGE OISTRICT
SCALE. 2035
E•K. ����N Map �,/= METCALF A KDOV, INC. I ■NO/NSERS SA1E1, MASSACHUSETTS JOB_ — -- -
/ — ----- DEPT. CHECK „ BOSTON NEW YORK PALO ALTO OUTFALL AND BEVERLY FORCE MAINS, H--75075--#
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,�, .PE V7SED FOR RECORO On'�7W%N6. ,� r, � FILE N .._.— —. .___ ..
ADDED ACCESS WELLG �afw .. �. ,r �t� a� AS SHOWN SALEM NECK PUMP STATION AND FORCE MAIN FA:.T
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- OUTFALL FORCE MAIN
REV/SECT F3eOR/LE GG" OUTFALL PROD. CHECK � ``-'Tf p�,a�. REG F. E MASS. M0. 7e23 DATE PLAN A P1 A � C P R 0 F 1 L E I I
IV
11
NUMBER DATE MADE BY CHE KED'gY DESCRIPTION �L u SHEET r:-4
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REVISIONS J *n REG. PROF. E D- UNLESS OTHERWISE NOTED OR CHANGED BY REPRODUCTION CIVIL
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