64-129 - CORNER OF POPE,PROCTOR STREET - CONSERVATION COMMISSION �� Q ���
o/(ffna,n
S. RUSSELL SY ! CC^^ 5 h
Commissioner C E 1�/E tJ
GU/a��uXrL, /l Ccrd.dc�: .ccdea 0�80�
NOV - 7 1986
938-0320 November 4, 1986
SALEM PLANNING DEPT.
Mr. & Mrs. Maynard Allen RE: WETLANDS/SALEM
15 Pope Street DEQE File 1164-129
Salem, MA 01970 Superseding Order of Conditions
Dear Mr. & Mrs. Allen:
The Metropolitan Boston/Northeast Regional Office of the Department of
Environmental Quality Engineering has completed its review of the above-referenced
file in preparation to issuing a Superseding Order of Conditions. Pursuant to the
provisions of the Wetlands Protection Act, Massachusetts General Laws, Chapter 131,
Section 40, the Department is issuing the attached Order of Conditions permitting
the project based upon: 1) information, calculations, and plans submitted; 2)
information gathered during the on-site inspection; and 3) conditions the
Department has deemed necessary to protect the public and environmental interests
identified in the Act.
The above-referenced project site contains a 45,771 square foot parcel of
undeveloped land between Pope Street and Proctor Street in Salem, Mass. Proposed
activities upon the project site consists of filling and grading to accommodate the
construction of condominiums with associated parking facilities, and utilities all
within the 100-foot buffer zone to the bank of a stream. Work proposed within
Areas Subject to Protection Under the Act consists of the extension of culverts
containing a stream, the placement of riprap at a culvert outfall to control
erosion, the construction of a foot bridge over the stream, and the recontouring of
a section of the stream.
The Department's review of the file and on-site inspection confirmed that the
project site contains the following Areas Subject to Protection Under the Act
namely: 1) Bank; and 2) Land Under a Waterway. In accordance with Massachusetts
General Laws, Chapter 131, Section 40 and its regulations, specifically 310 CMR
10.54 and 310 CMR 10.56, each of the forementioned Areas are presumed to be
significant to one or more interests identified in the Act: 1) public or private
warer supply; 2) groundwater supply; 3) flood control; 4) storm damage prevention;
5) prevention of pollution; and 6) protection of fisheries.
Your May 22, 1986 appeal objecting to the Salem Conservation Commission's
Order of Conditions was based upon claims that: 1) the erosion control measures
required in said Order of Conditions are inadequate; 2) the site contains inland
wetlands and floodplains, which were not addressed in either the Notice of Intent
nor the Order of Conditions; and 3) the site is subject to tidal action and coastal
storm flowage.
Page -2-
File #64-129 r
At the June 26, 1986 site evaluation, the above cited issues were discussed in
addition to another point raised by the applicant' s engineer in regards to the
classification of the channel onsite as a stream, and whether the Department could
exert jurisdiction over the project. The applicant' s engineer claimed that the
channel is not a stream because it does not flow from an Area Subject to Protection
Under the Act but only receives street runoff, therefore the channel and the
project are not subject to regulation.
In the Department's opinion, the channel traversing the site in considered an
intermittent stream subject to regulation under the Act. After an examination of
the contributing watershed, a small shallow marsh was located east of the project
site within Gallows Hill Park. A well defined stream begins within this marsh, and
then enters the street drainage system within Witch Hill Road. This drainage
system, containing the stream, then travels in a westerly direction, under Proctor
Street, discharging -onto the project site. From this discharge point, the stream
traverses the project site in an open channel to Pope Street where again it enters
the street drainage system where it eventually discharges into the North River. In
accordance with the Wetlands Protection Act Regulations, Section 310 CMR 10.04
defines this intermittent stream as a stream subject to jurisdiction. Accordingly,
the stream's Banks and Land Under a Waterway are Areas Subject to Protection Under
the Act per 310 CMR 10.02(1).
The Department is in agreement with the Salem Conservation Commission's
requirement and publication citation regarding the installation of erosion control
measures. The conditioning of a project by the inclusion of specific performance
standards is commonly used by the Department as well as Conservation Commission's
in preparing Orders of Conditions.
Further, the Department finds that the only Areas Subject to Protection Under
the Act on the project site are Banks and Land Under a Waterway. Based upon the
site evaluation the Department has determined that there does not exist any
vegetated wetlands on: 1) the site; 2) stream banks; or 3) the stream bed, as
claimed in the appeal.
A review of the Federal Emergency Management Agency' s (F.E.M.A.) Flood
Insurance Study for the City of Salem, this site is not subject to flooding from
the stream itself or from coastal storms. However, it is evident that the culvert,
which receives the stream flow at Pope Street, when restricted with silt and
debris, as was the case at the site visit, causes the water to overflow onto Pope
Street. The Department has included conditions requiring the removal of silt and
debris from the culvert entrance, and a monitoring/maintainance program to ensure
the culverts proper functioning.
Page -3-
File 064-129
Finally, a review of the site by the Department has resulted in a
determination that the site is not subject to tidal action nor contains any coastal
resource areas defined in 310 CMR 10.23(21) of the Regulations. In making this
S g
determination, the Department found no evidence of a marine/intertidal biological
community to support the claims that this area is subject to tidal actions, and the
fact that the project site is forty (40) plus feet above mean sea level (M.S.L.)
supports this conclusion.
It is the Department's position that the enclosed Superseding Order of
Conditions serves to protect the public and environmental interests identified in
the Wetlands Protection Act, M.G.L. Chapter 131, Section 40. However, the
Department reserves the right, should there be further proceedings in this case, to
raise additional issues and present further evidence as may be appropriate. Should
any concerned party dispute these findings, their attention is directed to the
language included in the Regulations, -310 CMR 10.00 et. seq., and in the enclosed
Order which specifies the rights and procedures for appeal.
Should there by any questions regarding this matter, please contact Mr. James
Sprague at 938-0320.
Very trul rs,
Sabin M. Lord, Jr. ,
/`�/p� Deputy Regional Environmental Engineer
SML/j s�/cd
cc: Salem Conservation Commission
City Hall
Salem, MA 01970
Brett Family Realty Trust
16 Bradstreet Avenue
Danvers, MA 01923
Hancock Survey Associates, Inc.
69 Holten Street
Danvers, MA 01923
Form 5 DEOEFile No. 64-129
(To be provided by DEDE)
ate\ Salem
Commonwealth cityrrown
of Massachusetts Applicant Brett Fami 1 ty Trust
Ly
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
From Department of Environmental Quality Engineering
Brett Family Trust same
To
(Name of Applicant) (Name of property owner)
Address 16 Bradstreet Avenue, Danvers , MA Address camp
01923
This Order is issued and delivered as follows:
❑ by hand delivery to applicant or representative on (date)
® by certified mail, return receipt requested on (date)
This project is located a Corner of Pope & Proctor Street
Essex
The property is recorded at the Registry of
Book 3948 Page 401
Certificate(if registered)
March 21, 1986
The Notice of Intent for this project was filed on (date)
The public hearing was closed on April 24, 1986 (date)
Findings
The Department has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the prglect. Based on the information available to the
Deo a rte at this time,the
17epartment 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):
221 Public water supply ® Storm damage prevention
CSI Private water supply ❑ Prevention of pollution
0 Groundwater supply ® Land containing shellfish
L�3 Flood control Rl Fisheries
5-1
Therefore, the Department hereby finds that the following conditions are
necessaryin accordance with the Performance Standards set forth in the regulations, to protect those inter-
ests checked above.The ' Department 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 gr_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 authorize any injury
to private property or invasion of private rights. .
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal, state or local statutes,ordinances, by-laws or regulations.
4- The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the followingapply:
PP Y
(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-
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 Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land, the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done.The recording information shall be submitted to the D€OF
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 64-129
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:
52
Plans:
Title Dated Signed and Stamped by: On File with:
Special Conditions(use additional paper it necessary)
c ,
Plan entitled: "Olde Towne Village, Salem, MA". '" ;:,,, ,,..•:
Utility & Grading Plan to accompany a Notice of Intent to Salem Conservation
Commission. Date - Feb. 12, 1986, Revised July 1, 1986. By - Hancock Survey Assoc. ,
Inc. , Danvers, MA. Signed and Stamped by A. F. Sharry III Civil P.E. No. 31185.
Plan entitled: "Olde Towne Village, Salem, MW
Drainage Profile dated July 2, 1.986 by Hancock Survey Assoc. , Inc. , Danvers ,
MA.
Drainage calculations to accompany a Notice of Intent to Salem Conservation
Commission for Olde Towne Village in Salem, MA. Date - Feb. 18, 1986. By Hancock
Survey Assoc. , Inc. Signed and Stamped by A. F. Sharry III Civil P.E. No. 31185.
................................................................................................................................................................................
(Leave Space Blank)
5-38
Issued by the Department of Enviro mental uality Engineering.
Signature
On this da of November 19
85 before me
personally appeared Sabin �or r. , ep. eg. nv. ng.
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.
Not Public My commission expires
The applicant,the owner,any person aggrieved by this Superseding Order,any owner of land abutting the land upon which the pro-
posed work is to be done or any ten persons pursuant to G.L.c.30A, §t OA,are hereby notified of their right to request an adjudicatory
'hearing pursuant to G.L.30A, §10,providing the request is made by certified mail or hand delivery to the Department within ten days
'. from the date of issuance of the Superseding Order,and is addressed to: Docket Clerk,Office of General Counsel,Department of
`Environmental Quality Engineering,One Winter Street,Boston,MA 02108.A copy of the request shall at the same time be sent by
certified mail or hand delivery to the conservation commission,the applicant,and any other party.
A Notice of Claim for an Adjudicatory Hearing shall comply with the Department's Rules for Adjudicatory Proceedings,310 CMR
1.01(6),and shall contain the following information:
(a) the DEOE Wetlands File Number,name of the applicant and address of the project;
(b) the complete name,address and telephone number of the party filing the request,and,if represented by counsel,the name and
address of the attorney; - -
(c) the.names and addresses of all other parties,if known: " - -
(d) a clear and concise statement of(1)the facts which are grounds for the proceeding,(2)the objections to this Superseding Order,
including specifically the manner in which it is alleged to be inconsistent with the Department's Wetlands Regulations(310 CMR
10.00)and does not contribute to the protection of the interests identified in the Act,and(3)the relief sought through the adju-
dicatory hearing,including specifically the changes desired in the Superseding Order; -
(e) a statement that a copy of the request has been sent to the applicant,the conservation commission and each other party or rep-
. _resentative of such party,if known. - - - -
Failure to submit all necessary information may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hearing.
Detach on dotted line and submit to the prior to commencement of work.
..................................................................................................................................................................................................................
To Issuing Authority
Please be advised that the Order of Conditions for the project a
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on , 19
If recorded land, the instrument number which identifies this transaction is
If registered land, the document number which identifies this transaction is
Signature Applicant
5.4B
Special Conditions for File 1164-129
13. Prior to any activity commencing onsite all silt and debris located within and
abutting the existing 36" RCP drain culvert near Pope Street and that receives the
stream, shall be removed.
14. Prior to the removal of vegetation and soil onsite, erosion control measures
shall be installed along the top of both banks of the brook to prevent the
induction of silt into the stream and downstream drainage system.
15. During that phase of construction in which the stream is to be regraded,
erosion control measures are to be installed at the downstream culvert entrance to
prevent silt and debris from entering the drainage system.
16. All erosion control measures to be implemented are to be of the type
recommended by the U.S. Soil Conservation Service and found within the following
publications: 1) Erosion and Sedimentation Control Guidelines, August 1983,
Publication 1113,529-32-100-2-84-C.R. by the Commonwealth of Massachusetts,
Department of Environmental Quality Engineering; 2) Guidelines for Soil and Water
Conservation in urbanizing areas of Massachusetts by the USDA Soil Conservation
Service, October 1977 ; or 3) other measures approved for this region by the USDA
Soil Conservation Service.
17. The 36" RCP which receives the stream which is located near Pope Street and
the siltation basin shall be kept clear of silt and debris at all times. This
condition shall remain in effect beyond the issuance of a Certificate of
Compliance, and shall be the responsibility of the applicant or any successor in
interest or successor in control.
18. A 48 hour written notice shall be given to the Department and the Salem
Conservation Commission prior to any work commencing onsite.
19. If any plan, calculation, or other data presented to the Department is in
error or having ommissions, and are deemed significant by the Department, all work
will stop at the Departments discretion until all discrepancies have been rectified
to the Departments satisfaction.
20. Members and agents of the Department and the Salem Conservation Commission
have the right to enter the premises to inspect and evaluate compliance with this
Order of Conditions and the Wetlands Protection Act,_ M.G.L. Chapter 131, Section
40. The Department reserves its rights to require the submittal of any data deemed
necessary for said evaluation.
21. Any deviations intended to be made from the plans submitted with the Notice of
Intent and cited in this Superseding Order of Conditions, shall require the filing
of a new Notice of Intent, or to inquire of the Department in writing, whether the
proposed changes are significant enough to require a new filing.
Page —2—
File 1164-129
22. All erosion control measures, are to be kept functional at all times, and
repaired/replaced as needed.
23. A copy of this Order of Conditions shall be kept onsite at all times. All
contractors and parties working onsite shall be given a copy of this Order and
shall understand the requirements of this Order of Conditions.
24. Prior to any request for a Certificate of Compliance for this project or any
part thereof, an As—Built Plan shall be submitted, signed and stamped by a
Massachusetts Registered Professional Engineer or Land Surveyor. Any discrepancies
from the approved plans shall be so noted.
25. This Order shall apply to any successor in interest or successor in contol.
26. This Order of Conditions supersedes all previous Order issued for file 1164-129
Findings Pursuant to M.G.L. Chapter 30,
Sections 61 to 62H, inclusive
(M.E.P.A.)
The project is "categorically exempt" pursuant to the "Implementation of the
Massachusetts Evironmental Policy Act" as adopted by the Secretary of Environmental
Affairs. This project is "categorically exempt" because less than one (1) acre of
land subject to the Act is being altered.
ar.
K
f `
. ; '94
1 .
Form 5 DECE Fie No. r64-129
. . . _ (To be provided by DEQE)
A- Commonwealth
City1Toon Salem
ift
of Massachusetts Apdb'd Brett Familv Trust
Order of Conditions.
Massachusetts Wetlands Protection Act
G.L c. 131, §40
Fro
TO Brett am;t. rr„=r Same & City of Satan
(Name of Applicant) (Name of property owner)
Address 16-B—'�trP r n a n .,a Addre a
This Order is issued and delivered as follows:
❑ ]by hand delivery to applicant or representative on (date)
Q Dy certified marl, return receipt requested on (date)
This project is located at Corner of TiQpe and Proctor Street
The property is recorded at the Registry of Essex
Book 3948 Page 401
It Certificate(if registered)
The Notice of Intentfor this project was filed on March 21 TgRh (date)
The public hearing was closed on Anril 24 198& (date)
Findings .
The Salem Conservaf on cnmm;ss;nn —has reviewed the above-referenced Not-ice of
Intent and plans and has held a public hearing on the project Based on the information available to the
Crimm; at this time, the Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with .
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
❑ Public water supply Storm damage prevention
❑ . Private water supply ❑ Prevention of pollution
❑ Ground water supply ❑ Land containing shellfish
9---Flood control CO Fisheries . _
5.1
95
Therefore,the 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 Commission orders that all work shall be performed
in accordance with said conditions and virth 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 an conditions stated herein,and with all related statutes and other.regulatory meas- `
ures,shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with aA
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 appt r
(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 circurimstances 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.
B. Any l used in connection with this project shall be clean fill,containing no trash, refuse,rubbish or de
Ili
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.
t 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 Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered Land,the
Final Order shall also be noted on the Land Court Certificate of Title of the owner of the land upon which
the proposed work'is to be done.The recording information shall be submitted to the Commission .
on the forth at the end of this Order prior to commencement of the work.
9. . A sign shalt 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 64-129
99
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
11. 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 4
96
Plans:
Title Dated Signed and Stamped by: On Fie with:
Olde Towne Village,Salem, MA Grading & Dtijit,: Plan
2-12-86 rev. 4-86 A.F. Sharrv, P.E. ConCom
Drainage Calculations for Olda Towne Village -
2-18-86 e F Sbarry, P F_• - Coilcom
Special Conditions(Use additional paper if necessary)
1) , Work shall conform to plan referenced. above, as revised per site ,visit of
April 12, 1986 and hearing-of April 24, 1986.
2) Prior to construction, an erosion and. sedimentation control barrier shall
be installed along the bank of the stream. . These control barriers shall
be established in accordance with "Erosion and Sedimentation Control
Guidelines,"'Pulication #13 529-39-1000-2-84-C.R. , 3ated August "1983, and
and shall be approved by the Conservation Commission or its designated
agent.
3) Sequence of construction shall be as follows:
1. Erosion and sedimentation control
2. Roadway and building construction
3. Rip-rap and headwall.construction
•4) .Prior to connection to existing drainage structures, all catch basins
shall be cleaned.
t 5) During working hours of construction project, existing catch-basins
shall be covered.
6) Maintenance of catch basins, culverts, and headwall shall be the
responsibility of the developer, his successors or assigns.
..................................................................._........_.............................................................................
. (Leave Space Blank) -
5.3A
97
SALEM Conservation Commission
Issued By
Signature
m
Thio Order mt4 tie signed by a majority of
the Conservation Commission. -
^n this_' 8th day of May: 19 S6 .before me
personaly the above-named tame known to be the
person described in and who executed the for instrument and acknowledged that he/she executed
the same is/her free act and d
9-9-88
Notary Public My commis on expires
The applicant.the owner,arty person aggrieved by this Order.any owner of land abutting the land upon which the Proposed works to
be done or arty ten resided of the city or town in winch such land is located are her notified of their right to request the Department
-- - Engineering to issue a Superseding Order.providing the request is made by certified mal or hand delivery to
tal Oust' EnQt 0 sent certified
o!EDepar-rt+en tiY e time be
Vie Sart+ by
- Via Deprctment within ten days from the date of issuance of this Order.A copy of the ram+estsnatl et .
and the
maiar hand delivery to the Cortsen'ation Corrrrrissrort appacard-
It
Salem Conservation Commission prior to commencement of work.
Detach on dotted Itne and submit to tho
Issuing'Authority
To
Please be advised that the Order of Conditions for the Project a
and
Fla Number has been recorded at the Registry of -
t 9—
has been noted In the chain of title of the atlected m accordance with General Condition 8 on --property•
If recorded land, the instrument number which identities this transaction is
If registered land,the document number which identifies this transaction h
Applicant
Signature
Il— 5-4A
Special Conditions Cont
7) As-built plans, stamped by a Registered Professional Engineer shall be
submitted to the Conservation Commission prior to issuance of Certificates
of Occupancy.
1`
Form 9
DEQE File No.
t (To be provided by DEQE)
Commonwealth City/Town' �S_A_LLEEM' of Massachusetts Applicant� ��a Mal
eft.;
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From SALEM CONSERVATION COMMISSION Issuing Authority
To CHARLES BRETT
Date of Issuance JUNE 10, 1988
Property lot/parcel number, address Assessors Man 1115. Lot #114
Extent and type of activity:
Illegal dumping of inapproriate materials in a wetland area.
The Salem Conservation Commission has determined that the activity described
above is in violation of the Wetlands Protection Act, G.L. c. 131, §40, and the Regulations promulgated pur-
suant thereto 310 CMR 10.00, because:
❑ Said activity has been/is being conducted without a valid Order of Conditions.
C� Said activity has been/is being conducted in violation of an Order of Conditions issued to BRETT FAMILY TRUST
,dated May 8, 1986
File number 64-129 ,Condition number(s) 6
13 Other(specify)
The Salem Conservation Commission hereby orders the following:
1� The property owner, his agents, permittees and all others shall immediately cease and desist from further
activity affecting the wetland portion of this property.
❑ Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
9.1
Effective 11/1/87
❑ ComplatQd9a.Rliication forms and plans as required by the Act and Regulations shall be filed with the
ZT' on or before (date),
and no further work shall be performed until a public hearing has been held and an Order of Conditions
•q has been ijsu d to regulate said work. Application fors are available at:
Y.
Z_ i htproperty owner shall take every reasonable step to prevent further violations of the act.
(5 Other(specify)
The owner shall remove inappropriate materials within 7 days of receipt of this order.
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General laws Chap-
ter 131, Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine of not more
than one thousand dollars or by imprisonment for not more than six months or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to: Beth Debski, Conservation Administrator
745-9595 ext. 311
Issued by SALEM CONSERVATION COMMISSION
Signatures)
- � (� % i
Hey
(Signature of delivery person
or certified mail number)
9.2
Ctv of Iem, ttss tl#u�e##s
PattrD of �Vyvd
�e�naxc Mu
April 7, 1986
Conservation Commission
City of Salem
RE: 13 Pope St.
Gentlemen:
Upon review of your agenda for April, it has come to my attention
that you have a petition for Charles Brett, 13 Pope Street, which, in
my opinion is substantially different from the petition filed June 26,
1985 with the Board of Appeal. At our meeting the site was determined
to have several problems and at that time we petitioned the City Engineer
for his opinion on this property. The applicant subsequently has signed
a time waiver as to allow the City Engineer to study this proposal. I
am enclosing for your consideration the minutes of the meeting of June 26,
1985.
This letter is in no way meant to encourage of discourage, only to
advise you of the pre-existing conditions. If you have any questions
please contact me.
Sincerely, 1
ames B. Hacker
Chairman, Board of Appeal
JBH:bms
Enclosured: Minutes, June 26, 1985
• A
April 15, 1986
RECEIVE:.
Mr. Gerard Kavanaugh, City Planner
City of Salem APR 1 6 1986
One Salem Green
Salem, MA 01970 SALEM PLANNING DEPT.
REt Number 13 Pope Street, 'Salem - Lot#314 - Map 15
V
Dear Mr, Kavanaught `
We have previously addressed our concerns overthe proposed
building plans at #13 Pope Street, the site of city owned land that
surrounds our homestead on three sides,
This past week-end the Conservation Committee and other City
Members visably viewed the property in regard to the culvert, brook
and drainage problems. It is our understanding that longer, enclosed
portions of culverts were proposed as a possible solution to part of
the problems. There seemed to be a consideration that "silt Mild-up"
and "trash throwing" into the area might be solved by covering the brook
and culverts to a further degree in hopes of eliminating some of the
blockage.
Unfortunately, they seemed to overlook the fact that there are now 3
two thirty-six inch pipes at the beginning of the property carrying the
water drainage from the Witchcraft Heights area down. These two thirty-
six inch pipes pour their overflow into ONE thirty-six inch pipe at the
n lower end of the brook. All the silt an —trash-cleaning in the world - A
� �•
ona.twenty-four hour basis - could not possibly engineer two constantly C
flowing thirty-six inch pipes into one thirty-six inch drain!
Eventually, after the water has passed these two points, a new
and distinct problem occurs at the lower end of Pope Street. Bursts
of water virtually throw the manhole cover one to two feet into the air=
and the street is completely impassable to vehicle or pedestrian traffic
several times each year, for as long as we have lived here. (We believe
the Board of Appeals has seen photographs of the severe flooding problem
with cars stranded at the abovelmentioned point, in water up to their
doors.) Our own basement and back yard also flood at these times.
- 2
One further issue that has not been addressed seriously enough is
the traffic problem.
Pope Street is a very short street with it's upper end/coming off
Proctor Street at an extremely shaEp curve. All the traffic that "short-
. _V cuts" through from Highland Avenue down roctor, MUST turn onto Pope at
this point because Proctor becomes one-way. Further traffic converges
from the Mansell Parkway area street*. We have seen the entire street
solid "standstill" traffic during rush-hours and other heavy traffic times.
The entire population of the hundreds of apartments at number 12 Pope Street
must enter and exit onto Pope Street also.
The Proctor-Pope corner in winter is continuously solid ice - due
partially to the run-off from the Salem Heights. It is a very dangerous
corner! Our house is on the left side of the street coming down from this
corner and in the years we have lived here we have hada two parked cars
totaled= two other vehicles struck and damaged while parked; and the side
of our house run into, - all separate incidents. The most recent accident
occurred just last June (1985) and if our car had not been parked curb-side -
the offending vehicle would have run speedingly into our front door and
living-room. Our car was smashed sideways into the utility pole at the .end
of our property. The police had the car towed away - the doors could not
even be opened.
We are submitting these issues to you, in writing, because we fear
that each individual problem is being addressed by separate departments -
each looking for a single solution. . We believe that a total overview
must be considered (including the conservation problems)regarding this
land and area. bt 'Irtr
The building proposal is to house enty families The buildings
alone would be extreme "clustering" in our op n on an we could be
expecting up to forty vehicles adding to the traffic and parking problems.
This does not even address the personal hardship to our individual
homestead of being completely surrounded by such a conglomeratian.
We urgently ask your fairness and expertise as our City Planner
in considering the entire picture of this proposed development, andthe
very serious effects resulting to the already overloaded very small street
of Pope Street in Salem.
Thank you very much for your consideration! '
Sincerely,
Mr. & Mrs. Maynard E. A len
Copies tot
15 Pope street, Salem, MA
�
Mayor Salvo r r
Councillor O'Leary
Obais'Ah.-!: 8B6& Lrbf Appeala..e
James Hacker
1.
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S t P 2 6 '686
SALEM PLAIViPW4G DEPT.
.
September 25, 1985
RE: Ciy Land - # 13 Pope Street
Gentlemen:
I recently came across the following letter and map
from former Ciy Engineer, Anthony Fletcher relating
to the Pope Street area.
Perhaps you already have this in your records, but if
not, I thought it might be of interest to you,
Sincerely,
Barbara Allen
15 Pope Street
SSttr}eet ��
Copy to: City Engineer's Office
City Planner's Office
Salem Board of Appeals
�,,rco!my4�
s a
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Tity of Catrin,f'iassarhusetts
Upparimrni of thublir lVerks .
(One ($atem (5rrrn
ANTHONY V. FLETCHER,R.P.E. RICHARD P.SWENSON,C.E.
DIRECTOR of PUBLIC SERVICES
CITY ENGINEER Assistant Civil Engineer
September 25, 1981
TO: FRANCES GRACE
FROM: A. V. FLETCHER
SUBJECT: PROCTOR-POPE FLOODING
Attached map is prepared to make explaining easier.
Area inside green circle represents the area drained by natural effects and 30" and
24" pipe. At one time the course of this pipe was an open drainage brook, and the Park
was partially a swamp that acted as a ponding area.
The solid blue represents what the North River normally was - the green area naturally
drained to the North River. As filling occured over the years, the brook was enclosed
(red Lines) , the swamp dissapeared and run off water had less area to flow in.
When a 'high frequency storm occurs coincidental with a high tide, flooding occurs
at the low point (from Pope to Proctor, along Bridge) as this area, at high tide, is
lower than the North River.
I have made (1978) a study of the system and I estimate $1,500,000 including the
cost of a pump station, would be required to rectify the problem. Serious and expensive
land takings would also be required.
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Form 3
OEOE File No.
(To be provided by DEOE)
Commonwealth I. ': city/Town
of Massachusetts -
Appllcant
Notice of Intent
Under the
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
and
Application for a Department of the Army Permit
Part I:General Information
1. Locatfon:.StreetAddress Corner of Pope and Proctor Street
Lot Number Map 15 Lot 314 & 316
'. 2. Project Type C.Ondpmi n uEis Description To connect existing drainsto
11 construct buildings, parking lots and utilities in buffer zone.
J
3. Registry:County Essex Current Book 3948 &Page 401
Certificate(If Registered Land)
4. Applicant Brett Family Realty Trust Tel. 777-1571
Address 16 Bradstreet Avenue Danvers —
S. Property Owner Same City of Salem Tel.__�—
Address
s. Representative Hancock Survey Assoc. , Inc. Tel. 777�—
Address 69 Holten Street Danvers MA 01923
7. Have the Conservation Commission and the DECE Regional Office each been sent, by certified mail or
hand delivery, 2 copies of completed Notice of Intent,with supporting plans and documents?
Yes IN No 0
3.1
8. Have all obtainable permits,variances and approvals required by local by-law been obtained?
Yes ❑ No ❑
Obtained: - Applied For. Not Applied For.
Not as of this.writing
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, §105? Yes ❑ No
10.List all plans and supporting documents submitted with this Notice of Intent
Identifying
Number/Letter ' Title,Date
2574 Drainage calculations to accompany a Notice of
Intent , 2/3/86 Olde. Towne Villap-e1
utility and pradinp plan Z'i2 IP6
11.Check those resource areas within which work is proposed:
(a)[N Buffer Zone
(b)Inland:
IN Bank' Land Subject to Flooding,
❑ Bordering Vegetated Weiland* ❑ Bordering
Land Under Water Body 8 Waterway' ❑ Isolated
(c)Coastal:
❑ Land Under the Ocean' ❑ 1 Designated Port Area'
❑ Coastal Beach' ❑ Coastal Dune
❑ Barrier Beach ❑ Coastal Bank
❑ Rocky Intertidal Shore ❑ Sal',Marsh'
❑ Land Under Salt Pond' ❑ Land Containing Shellfish'
❑ Fish Run'
'likely to involve U.S.Army Corps of Engineers concurrent jurisdiction.See General Instructions for )
Completing Notice of Intent.
3-2
Part 11:Site Description
Indicate which of the following information has been provfded (on a plan,in narrative description or calcula-
tions)to clearly,completely and accurately describe existing site conditions.
Identifying
Number/Letter
(of plan,narrative 2574 (X)
or calculations)
Natural Features:
Soils
Vegetation
X Topography
Open water bodies(including ponds and lakes)
X Flowing water bodies(including streams and rivers)
X Public and private surface water and ground water supplies on,or within 100 feet of site
Maximum annual ground water elevations with dates and location of test.
X Boundaries of resource areas checked under Part 1,Rem 11 above
Other
Man-made Features:
X Structures(such as buildings.piers,towers and headwalls)
X Drainage and flood control facilities at the site and immediately off the site,including
culverts and open channels (with inverts),dams and dikes
Subsurface sewage disposal systems
1 X Underground utilities
/ X Roadways and parking areas
X Property boundaries,easements and rights-of-way
Other
Part III:Work Description
Indicate which of the following information has been provided(on a plan,in narrative description or calcula-
tions)to clearly,completely and accurately describe work proposed within each of the resource areas
checked in Part I,item 11 above.
Identifying
Number/Letter
(of plan, narrative 2574 (X)
or calculations) ,
Planview and Cross Section of:
X ,Structures(such as buildings,piers,towers and headwalls)
X Drainage and flood control facilities,including culverts and open channels(with inverts),-
dams and dikes
_ - Subsurface sewage disposal systems&underground utilities
X Filling, dredging and excavating,indicating volume and composition of material
Compensatory storage areas,where required in accordance with Part III,Section 10:57
(4)of the regulations
X Other
2574
Point Source Discharce
X Description of characteristics of discharge from point source(both closed and open -
channel),when point of discharge fails within resource area checked under Part 1,item
11 above, as supported by standard engineering calculations, data and plans,including
but not limited to the following:
3-3
1. Delineation of the drainage area contributing to the point of discharge;
2. Pre-and post-development peak run-off from the drainage area,at the point of discharge,for at least the
10-year and 100-year frequency storm:
3. Pre-and post-development rate of infiltration contributing to the resource area checked under Part 1,item
11 above; will be consistent with surrounding area
4. Estimated water quality characteristics of pre-and post-development run-off at the point of discharge.
No change
Part IV:Mitigating Measures
1. . Clearly,completely and accurately describe,with reference to supporting plans and calculations where'
necessary:
(a) Ail measures and designs proposed to meet the performance standards set forth under each re-
source area specified In Part 11 or Part 111 of the regulations;or
(b) why the presumptions set forth under each resource area specified in Part 11 or Part III of the regula-
tions do not apply.
O Coastal Resource Area Type: _ _ Identifying number or tetter
R Wand Bank of support documents
(9)
10.54 (4) a(1) The runoff will be channeled through a
pipe.
(2) The capacity of the proposed pipe is 2574
consistent with existing drainage
structures.
(3)" No change.
(4) The area in its present condition does
not provide breeding habitat escape
cover or food for any valuable species.
O Coastal Resource Area Type: - tdentitying number or letter
tR Wand Land under water body and water way of support documents
(9)
10.56 (4) a (1) The capacity of the proposed pipe will .
be consistent with- existing drainage
structures.
(2) No change. 2574
(3) The area in its present condition does
not provide breedign habitat,excape
cover or food for any valuable species.
3-4
l
1
❑ coastal Resource Area Type: Identifying number or letter
❑ Intend - of support documents
2. Clearly,completely and accurately describe,with reference to supporting plans and calculations where
necessary:
(a) all measures and designs to regulate work within the Buffer Zone so as to insure that'said work does
not alter an area specified in Part 1,Section 10.02(1)(a)of these regulations;or
(b) if work In the Buffer Zone will atter such an area,all measures and designs proposed to meet
l the performance standards established for the adjacent resource area specified in Part 11 or
Part III of these regulations.
❑ coastal I Resource Area Type Bordered By 100-Foot Dlscretlonary Zone: Identifying number or letter
4& Intend Bank of support documents
Since the bank will be-replaced by a 3611 drain pipe 2574
erosion control is not required.
f
l
3.5
Part V:Additional Information for a Department of the Army Permit
1. COE Application No. 2.
(to be provided by COE) (Name of waterway)
3. Names and addresses of property owners adjoining your property:
4. Document other project alternatives(i.e.,other locations and/or construction methods,particularly those
that would eliminate the discharge of dredged or fill material into waters or wetlands).
S. 8'/g'x 11'drawings in planview and cross-section,showing the resource area and the proposed activ-
ity within the resource area. Drawings must be to scale and should be clear enough for photocopying.
Certification is required from the D'n%ion of Water Pollution Control-before the Federal permit can be issued.
Certification may be ebtacted by contacting the Division of Water Pokxn Conaol, l Water Street Boston,
Massachusetts 02108.
Where the activity will take dace within the area under the Massachusetts approved Coastal Zone
Management Program.the applicant certifies that his proposed activity complies wish and will be conducted
it a manner that is constant with the approved program.
Information provided will:be used in evaluating the application for a permit and is made a matter of public.
record through ssuance of a public notice. Dscbsure of this information s voi unary.. however if necessary
information is not provided, the application cannot be processed nor can a permit be issued.
I hereby certify under the pains and penalties of perjury that the foregoing Notice of Intent and accompanying
plans,documents and supporting dataaretrue
and complete,to the best of my knowled
LJizao //�f LI�JLL(/ '2,
Sign fy�rep��ican: Date
Sig ature of Applicant's Representative Date
FORM "Exception to ENO Form 4046 approved by HQUSACE. 6 May 1992'.
NED 100 (TEST)
1 MAY 82 "This document contain a joint Department of the Army and State of Massachusetts application
for a permit to obtain permission to perform activities in United States waters. The Office
of Management and Budget (OMB) has approved those questions required by the US Army Corps
of Engineers. OMB Nuinbrr 0]02-00]6 and expiration date of 10 September 1980 appiica This
statement will be art in 6 point type. - .)
3-6
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S. RUSSELL SYLVA 5 Zjam��loiuuea , , !(pP�ztc�
Commissioner
935-2160 �IIJ.PLI� June 11 , 1986
Mr. & Mrs. Maynard Allen RE: WETLANDS/SALEH
15 Pope Street File 464-129
Salem, MA 01970 Receipt of Appeal/
Site Iasp. Notice
Dear Mr. Allen:
The Department of Environmental Quality Engineering is in receipt of your
Appeal dated May 22, 1986 regarding the above-referenced project.
In accordance with Massachusetts General Laws, Chapter 131, Section 40 and in
preparation to issuance of a Superseding Order of Conditions, the Department has
scheduled a site evaluation with you and all concerned parties. The purpose of
this site evaluation is to determine if the area is significant to the interests of
the Act and to informally discuss the issues relevant to the referenced project.
Mr. James Sprague from the Division of Wetlands will on the site at 10:30 a.m. en
Thursday, June 26, 1986.
No activity may commence on any portion of the project subject to the
jurisdiction of the Wetlands Protection Act, Massachusetts General Laws, Chapter
131, Section 40 until this Department has issued a Negative Determination or a
Order of Conditions has been issued.
If you have any questions regarding this matter, please contact Mr. James
Sprague at 935-2160.
Very truly yours,
John Felix,
Wetlands Section Chief
JF/%/cd
cc: Salem Conservation Commission, City Hall, Salem, MA 01970
Brett Family Realty Trust, 16 Bradstreet Avenue, Danvers, MA 01923
Hancock Survey Associates, 69 Holten Street, Danvers, MA 01923
l
Form 9 ,_I'
DEQE File No. 7� � log
(To be provided by OEDEI
Commonwealth city/Town SALEM
i of Massachusetts Applicant
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From SALEM CONSERVATION COMMISSION Issuing Authority
To CHARLES BRETT
Date of Issuance NNE 10, 1988
Property lot/parcel number,address Assessors Map #15- Lot #314
Extent and type of activity: ,
Illegal dumping of inapproriate materials in a wetland area.
The Salem Conservation Commission has determined that the activity described
above is in violation of the Wetlands Protection Act.G.L.c. 131, §40, and the Regulations promulgated pur-
suant thereto 310 CMR 10.00, because:
❑ Said activity has been/is being conducted without a valid Order of Conditions.
L2f Said activity has been/is being conducted in violation of an Order of Conditions issued to BRETT FAMILY TRUST
,dated May 8, 1986
File number 64-129 ,Condition number(s) 6
IN Other(specify)
The Salem Conservation Commission hereby orders the following:
1�j The property owner, his agents, permittees and all others shall immediately cease and desist from further
activity affecting the wetland portion of this property.
❑ Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
9-1
Effective 11/1/87
❑ Completed application forms and plans as required by the Act and Regulations shall be filed with the
on or before (date),
and no further work shall be performed until a public hearing has been held and an Order of Conditions
has been issued to regulate said work. Application forms are available at:
The property owner shall take every reasonable step to prevent further violations of the act.
C� Other(specify)
The owner shall remove inappropriate materials within 7 days of receipt of this order.
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap-
ter 131, Section 40 provides:
Whoever violates any provision of this section shall be punished by a fine of not more
than one thousand dollars or by imprisonment for not more than six months or both.
Each day or portion thereof of continuing violation shall constitute a separate offense.
Questions regarding this Enforcement Order should be directed to: Beth Debski, Conservation Administrator
745-9595 ext. 311
Issued by SALEM CONSERVATION COMMISSIO14
Signature(s)
A V4
(Signature of delivery person
or certified mail number)
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HANCOCK SURVEY ASSOCIATES, INC. -
15
69 Holten Street SHEET NO. OF 11
DANVERS, MASSACHUSETTS 01923 CALCULATED By V,V. T DATE 2 /3 /g� -
(617) 777-3050
CHECKED By DATE_
SCALE
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Table. 2-2.--Runoff curve numbers for selected agricultural, suburban, and
urban land use. (Antecedent moisture condition II, and Ia O.2S)
-- - - \ HYDROLOGIC SOIL GROUP
-
LAND USE DESCRIPTION
- - A B
• Cultivated land/ 'vithout cooser4ntion trentsent 72 81 88 91
with conservation treatment - 62 71 78 81
Pasture cr*.ranec land:.poor condition' - 68 79 86 89-
Good condition _ 39 61 74 Bb -
Meadow: good condition30 58 71 78 - -
.
Wood or Forest land: thin stand, poor cover, no mulch - 45 66 77 83
• good covert/ 25 • 55 70 TT
Open Spaces, lawns, parks, golf courses., cemeteries, etc.
good condition- grass cover.on 75% or more of the area 39 61 74 80
fair condition: grass cover on 50% to 75.' of the area 49 69 T9 84
-- Co®etclal and.bwiness areas (85:.impervious) 89 92 94 95
Indwtrial•distriets•(72% ispervious). 81' 88. 91. 93
.Residential:l/
Average lot size Average r Impervious�/ - - -
• 1/8 acre or,less 65 TT 85 - "
90 92.
1/4 acre 38 61 75 83 87
1/3 acre 30 57 72 81 86
1/2 acre 25 54 70 80 85
1 acre 20 51 68 79 84
• Paved parking lots, roofs, Griveveys, etc a/ 98 98, 98 98 -
Streets and roads: - -
paved-vith curba and, to= aevera°./ 98 98 98 98
. - gravel 76 85 - 89 91
dirt 72 82 8T 89
For A more detailed description of agricultural land use curve numbers refer to
National Enrineering Handbook, Section 4, Hydrology, Chapter 9, Aug. 1972. .
l/ Good cover.is protected from grating and litter and brush cover coil. -
. . l/Curve nunbers are computed asstLng the runoff from the house and drivevey
is directed tc+ards the street vl th a minimum of roof water directed to lavm
_ where additior,sl infiltration could occur.
=/ The remaining pervious areas (law) are considered„to be, in good pmture condition -for these curve r,bers.
i/ In some v&.-nor eii,tas of,the country a curve number of 95 nay be used.
Sam . it 04:� 13
b
100 -
- b
{'SD . -
40
_ I =
• Do -
� ' I I t
-1 20
--�'-- -
( �
a _
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& j
7 r
0
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.. b
_ ,uc I
S 2
�e
F 24
0.6
c K A e -t e w o e o n n e e o w e $
VELOCITY IN FEET PER SECOND
Velocities for upland method of estimating To
Sorce: Guildelines for Soil & Water Conservation. . . .in Urbanizing
Areas of Massachusetts. USDA Soil Conservation Service
Amherst, MA October 1977
4.211 4. 3" 4.4° 4.5"
- ESSEX 4.611
FRANKLIN
w MIDDLESEX SUFFOLK
y
WORCESTER HAMPSHIRE 4.7
11
X
4-
w.
HAMPDEN
O
P 1. 4.811
mA
O
RAINFALL DATA MAP BARN STAB E
II
10-YEAR,24 HOUR PRECIPITATION (INCHES) 4.9
DUKES p
u \f\
NANTUCKET .
TP-40
r
_. II 6.411
6.011 6.2 .
ESSEX
FRANKLIN -
6.611
MIDDLESEX - SUFFOLK
i ORCESTER
HAMPSHIRE 6.8II
W O
0 �
NOPfO� 'O
HAMPDEN (,c
II
pg, 7
d
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RAINFALL DATA MAP BARNS B
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- - 100-YEAR,24-HOUR PRECIPITATION (INCHES) Do -
WK
0
NANTUCKET -
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