64-165 - CLARK AVENUE - CONSERVATION COMMISSION c ��R k E �u� , ��
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'CITY OF.SgLE "
CONSERVATION-COMMISSION-
` Will give a Public hearing under the Wetlands
Protection qct, Mass. G.L. Chap. 131, section 40,
at the request Of r.David COlpitts.Theproposal
involves the construction of roadway and utilities
within a wetland buffer zone,located on Clark Ave-
nue.The hearing will be held on Thursday,April
Fl 1 -(jo at 7 p,m.; Oae Salem Green, Second
Floor Conference Roomne Sal, ,.,, r
ORA -
1 PHILIP D
April 21}988 ,• MN Chairman
r CITY OF SALEM
t
CONSERVATIONCOMMISSIONf
Will give a public hearing under the Wetlands
6Protection Act, Mass. G.L. Chap. 131, section 40,
1 the request of Mr.David Colpitts.The proposal
involves the construction of a roadway and utilities
within a wetland buffer zone,located on Clark Ave
nue.The hearing will be held on Thursday,April
28, 1988,.at 7:30 p.m., One Salem Green, Second
Floor Conference Room. '
April 21, 1988 PHILIP D. MORAN, Chairman
— ✓ 1' _ i
G—
1�ie�icr.�G�ze.zG a��zm�ivlizirzei2C�e1�e , �n�.�iree�wi�
S. RUSSELL SYLVA y orzurea�L �itPiztte
. Commissinnrr SEP 2 1 �GS�
935-2160
TCk7N: g a Ie
ASSIGNED FILE NO: G y - l 6,5-
The Division of Wetlands is in receipt of ,an application filed under M.G.L.
Chapter 131, Section 40, the application is in the name of:
APPLICANT:_ `l\u; L�11 ((A )0 {11 {' CFANER OF LAND: SUS
J
l�-on (h 11- y190 �
PROJECT ICCATION: cl'Krk Uve LOT:
PROJECT REV197
( ) The application is incomplete. No file number will be assigned until material
checked below is submitted to this Office:
( ) Notice of Intent ( ) Plans
( ) Project requires the filing of a
Form 3 (Notice of Intent) rather than
Form 4 (Abbreviated Notice of Intent) ( ) locus
WATERWAYS REVILM
( ) Project may require a Chapter 91 License-Project has been referred to
aterways.
( Preliminary review indicates that the project does not require a Chapter 91
License. However, should further review indicate- that the project may require
a Chapter 91 License, the Department reserves the right to refer the project
to Waterways at that time.
ISSUANCE OF A FILE NUMBER INDICATES ONLY COMPLETENESS OF FILING SUBMITTED, NOT
APPROVAL OF THE APPLICATION.
Very t you ,
^14
Sabin M. Lord, Jr. ,
Deputy Regional Environmental Engineer
cc: Conservation Commission,
SAIIems /In UI97/ �
s
V
AF1 1 f °c
Form 3 ( { r r 4 n •. OEOE4r M L� —
0o (To be provided by 0EOE1
commonwealth Citylro.n Salem .
of Massachusettsi David Colpitts
Notice of Intent
Under the
MassachusetAs Wetlands Protection Act, G.L c. 131, §40
and
Application for a Department of the Army Permit
Part I:Ganeraf Information !
1. Location:Street Address Clark Avenue
Lot Number
2. Project Type Subdivision Description Construction of roadway and utilities
y �
P
i
3. Registry:County Essex ebff4Rnz 5uKAs s e ors Ma; No _ 3 3 Page
Certificate(if Registered tend)
4. Apf.kant David Colpitts Tel•599-1286
Address 17 Manning Road Lynn MA 01902
5. Propertyowner same Tef.
Address
e. Representative Gulf of Maine Research Center Inc. Tel.745-6618
Address 27 Congress Street, Salem, MA 01970
7. Have the Conservation Commission and the DERE Regional Office eech been sent.by certified mail or
hand delivery. 2 copies of completed Notice of Intent, with supporting plans and documents?
!� Yes No O
r
• 310 CMR: DEPARTMENT OF ENVIRONMENTAL QUALITY ENGINEERING
Io.99: continued !
t
B. Have all obtainable permits.variances and approvals required by local by-law been obtained?
Yes ❑ No ❑
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 Cat .
10.List all plans and supporting documents submitted with this Notice of Intent.
Identifying
Number/Letter Title.Date -
1 Wetlands Report
2 Definitive Subdivision Plan
3 Profile and Cross-section Plan
11.Check those resource areas within which work is proposed:
M6 Buffer Zone
(b)Inland:
u Bank' Land Subject to Flooding,
u Bordering Vegetated Wetland' u Bordering
G Land Under Water Body 6 Waterway' U Isolated
(c)Coastal:
❑ Land Under the Ocean• ❑ Designated Port Area'
❑ Coastal Beach' ❑ Coastal Dune
❑ Barrier Beach ❑ Coastal Bank
❑ Rocky Intertidal shore ❑ Sall Marsh'
u Land Under Salt Pond' ❑ Land Containing Shellfish'
❑ Fish Run'
'Likely to involve U.S. Army Corps of Engineers cor+cu,enl jwndiclion.See General Instructions for
Completing Notice of Intent.
3-2
10/16/87 (Effective 11/1/87) 2
1
0 CMR 280.113
• - 310 CMR: Ut:YANlm"'A a. c...................
II �
10.99: continued
12 is the wetland resource area to be altered by the proposed work located on the most recent
Estimated Habitat Map(if arty)of rare."state-listed"vertebrate and Invertebrate animal species
occurrences provided to the conservation commission by the Natural Heritage and Endangered
Species Program?
YES ( ( NO (A Date printed on the Estimate 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 by
certified mail or hand delivery.so that the Program shall have received Appendix A prior toyhe
Oting of this Notice of Intent]
YES ( ' ] NO
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310 CMA - 280.19
10/16/87 (Effective 11/1/87)
SS
Part It Site Description
Indicate which of the following Infortnatlan has been provldeA (on a pian,in narta9ve descrtptlon or ealeula.
0")to dearty.completely and accurately describe existing age conNtions.
Identity4lg
Number/Letter
(of plan.narrative
of calculations)
Natural Features:
1 Sola
1 Vegetation
1 . 2 Topography
1 Open waterbodlen(induding ponds and takes)
Flowing water bodies(irlehudtrng streams and rivers)
1 Public and private surface water and ground watar supplies on or within 100 feet of site
2 MWclM an annual ground water elevations wtth dates and location of test
Boundaries of resouaoe areas dMdied under Part 1.Sem.11 above
Other
Mart-made Features:
NA Struchaes(such as bOdings,piers.towers and headwall)
NA Drainage and flood control facMdes at the site and immediately off the site, including
cutvem and open channels (with inverts).dams and dikes
NA Subsurface sewage disposal systems
NA Underground ub7itte3
2 Roadways and parking areas
Property boundartes..easements and rfghts-of-way
Other
Part fit:Work Description
Indcate which of the following irttora=on has been provided(on a plan, in narrattve description or cafcula-
dons)to Cearly,compfetety and accurately describe wont proposed within each of the resource zreas
checked in Part I,item 11 above.
Identifying
Number/Latter
(of plan.narrative
or calculations)
Planvlew and Goss Section of-
1
-L2 , 3 Structures(such as buildings, piers. towers end headwalts)
NA Drainage and flood controf faciiitlea, '
tnclurdng culvert and open channels(with inverts).
dams and d[kes
1 . 2 . 3 Subsurface sewage disposal systems d underground utTttes
NA Fling,dredging and excavating,indlcatkng volume and composition of material
NA Compensatory storage areas•where required in accordance with Part ill,Section 10:57
(4)of the regulations
Other r
Point Source Obcharge
NA Description of charac.enstics of dlschar a from
t� � 0 povrt source (both closed and open
channef), when point of ciscnwge falls within resource area checked under Part I, item
1 1 above. as supported by standard enemeertng catcuiadons, data and plans. including,
but not firnited to the fonowing:
3-3
89
t. prion of the drainage Wall contributing to the point of dlacharga:
2- Pro-and post-(e prnani peak runoff from the drainage area,at the point of discharge.for at feast the
10-year and 100-yaer irapuency atom.:
3. Pre-and post-,development rate of i%MVatlon contributing 10 the resource area cJ.ect ed under Part 1,item
7 T above:
t- Estimated water quality characteristics of pre•and post-development run-off at the Point of discharge.
Part rV:Mitigating Measures
1• Clearly.comPletety and acC=tely describe, with reference to supporting plans and calculations where
necessary-
(8) AG measures and designs proposed to meet the pertomuance standards set forth under each re-
sour ce area apet:iflad in Part g or Part it]of the reCudaffom:or
(b) why the Presu mPtl=Wet forth under each resource Brea specified in Part D or Part Ill of the r
tons do not apply.
e0�
i
❑ cord
Reso+ce Me Trot:
. ❑ tYM 6(:Gnf tY=o ramDr or Wnw
of su000n docv :3
❑ C4es71 rtasov a Mei Type:
❑ trend banal g nanoer a tenor
a!support doCvnenp
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3-s
O conn p.aome.AMM r W.
O vera aacporl doovrenp
2. p-arty.completely end accurately desc rbe,with reference to supporting Flans and calculat!ons where
necessary.
(a) all measures and designs to regulate work within the Buffer Zone so as to insure .hzt'said we:k rices
not alter an area specified in Part I,Sec5m 10.02(1)(a)of these regulations;or
(b) if work in the Sutter Zone will atter such an area,all measures and designs proposed to meet
Me Performance standards established for the adjacent resource crea spec!fied in Part d or
Pert at of these recufa oro.
O Caum I Rtaaaa Am Tnw 8ordveo ey too- c zorw. wrrit"n mr9bw or lenm
t)! raw Bordering Vegetated Wet an awDpneoa is
Alteration of �4,U buffer zone is requested 1
for extension of Clark Avenue and utilities . Staked
haybales will be placed immediately downgradient of
construction to prevent siltation of. Bordering
Vegetated Wetlands, Haybales will remain in place
throughout construction and until the area is
stabilized by vegetation. Haybales will be
periodically inspected and maintained, and replaced
as necessary. Construction personnel will keep
equipment and supplies outside the resource areas .
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3-5
91 ,
Part V.Additional Information for a Department of the Army Permit
1. COE AppOcatlon No. 2.
(to be provided by COE) (Name of waterway)
3. Names and addresses of property owners adjoining your property;
See attached sheet.
4. Document other project altematty"0.e.,other locations and/or construction methods.Particularly ftse.
that would eliminate the discharge of dredged or fin material into waters or wetlands)..
5. 8'A'x 7 idrawings in planviewand cross-section, showing the resource area and the proposed ac-iv.
pry withsl the resource area brawings must be to scale and should be c!ear enough ter rhOtccopyiny
Ce zfr—xn is r q=c :tam the D.-S= d W..er F L=r. COf.,. tefrz a
Fe?.,j perm can „E SSI.'ed.
C ViZ33= rn y be cbMedb/CrtMC:rV T*.e Of-w-_n Of Water Fcdruon C tat 1 WMr cneL3cscn.
MzSSa''=,r.e-M 02M.
where¢?e.3c 2yvvin�ke dre vv at, tte wea trder:the Massadxats appvve_ Cczstzl Zorn
Mal CertESes ltw tm proposed ac-ti,,iy gmV5es vv"dt ad winbe conduce
it a rtsar>Ff fiat •s arGSVa VW0h the wed pagram
irtfermation prD"d--dyrill be tsed in e,2t:arorg the ZPC5Zatron for a pefrra 2nd is made a meter cf put x
record ttvOugh ssuarce cf a PJ-hc ncl ce- Osc.sure cf L s rJcmamn is vcLntafy `one rl d ;Eco zry
itiofrru-tion 's nit px .ed.. 7]e 06cation czmCt p7cczsed ra can a perrrit be slued.
I hereby certify under the pains and penWtes of per;;sry that the Icreyoing Notice of lntent andaccompanying
plans ent3 and supporting data are true and complete, to the best of my knowledge. .
s
r .
SignaArre of Applicant
� �n1 Date /
Signature of ADD»mnt's Representative Data
RED FORM 100 (TEST)�=A...11.. cea r. 434 MUM 9 Me, too-.
1 MAY 82 A.N. .N ebb d M.rr M.. u
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.f Mu...N.. 0.46.1 IOM.1 .r ......N I%.. ..ru«. .
rn..rd . Nr CO
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0M1 ...w.rr 7:0] 00]I ..1 ....rn.. hb ♦f 7O ]..I.....
II H.�..I ..11 b u. iw \ P . rrr. •
36 _
• GULF OF MAINE RESEARCH CENTER INC.
Abutters :
Property owned by the applicant lies to either side of the
road. Abutters to this property are:
N.P. Fiore
4 Clark Avenue
Salem, MA 01970
Ruth Motejunas
50 Western Avenue
Lynn, MA 01902
Spence
11 Lincoln Avenue
Lynn, MA 01903
Peter Sullas
895 Western Avenue
Lynn, MA 01905
Frank Damato
30 Clark Street
Salem, MA 01970
Hewitt Construction Co . Inc.
22 Clark Street
Salem, MA 01970
Walter Abraham
20 Clark Street
Salem, MA 01970
Ervin Newman
16 Clark Street
Salem, MA 01970
John Hagan
3 Clark Avenue
Salem, MA 01970
BON 9592?X7
kv
F rm5 R E C >` J f [�`'L.:[) DEOE File No. by .•
(To be provided by DEW
AUG 0 5 iy 60 Citi,/Town
SALEM
]] Commonwealth
I; of Massachusetts
�..• �j� JA 1EAf e1a T'if,% pEpT. Apptloant DAVID COLPITTS
Order of Conditions
Massachusetts Wetlands Protection Act
G.L. c. 131, §40
From SALEM CONSERVATION COMM7RC70N
To DAVID COLPITTS DAVID COLPITTS
Cro
co
(Name of Applicant) (Name of property owner)
C=
T—
Address 17 Mn S RnoA TT3,^„' MA Addresses . �
This Order is issued and delivered as follows: ZZ
❑ by hand delivery to applicant or representative on (date) CO
w
$3 by certified mail, return receipt requested on June 10 1988 (date)
This project is located at C1 ark Aypniip Rxtanc;nn
The property is recorded at the Registry of Essex
Assessors Map #3
Book 8701, Page y9T *and Book 8702 Page 497 and registered land 56453-270
O
O
Certificate(if registered) o
April 12, 1988 W
The Notice of Intent for this project was filed on (date) rn
The public hearing was closed on May 12, 1988 (date)
Findings
The Salem Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Commission at this time. the Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropriate):
Public water supply El Flood control ❑ Land containing shellfish
Private water supply El Storm damage prevention ❑ Fisheries
® Ground water supply El Prevention of pollution E3 Protection of wildlife habitat
5.1
Effective 11/1/87
BOOK
X318, �
Therefore, the Commission hereby finds that the following conditions are
necessary;in`adoor<ice 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 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 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 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-
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 Commission
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 Ouality Engineering,
File Number 64-165
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
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830 9592MIS.
Plans:
Title Dated Signed and Stamped by: On File with:
"Definitive plan March 1988 Landmark Engineering & Surveying Planning Dept./ConComm
of Clark Avenue
Extension in
9.5men" mer
"Profile and Cross fill fill fill
Section Plan"
Special Conditions(Use additional paper if necessary)
1. Work shall conform to above referenced plan.
2. Work shall conform to narrative submitted with Notice of Intent, entitled "Wetlands
Report" dated April 12, 1988, prepared by Gulf of Maine Research Center, Inc.
3. Any changes in the plans shall require the applicant to file a new Notice of Intent, or
to inquire of the Commission in writing as to whether the changes are substantial
enough to require a new filing.
4. No salt shall be used as a de-icing agent.
5. Prior to construction, an erosion and sedimentation control barrier shall be installed
downgradient of construction to prevent siltation in bordering vegetated wetlands.
Haybales shall remain in place throughout construction and until the area has been
stablized by vegetation.
6. Conservation Commission members and/or their designated agent reserve the right to
enter and inspect the site during construction.
7. As-Milt plans stamped by a Registered Professional Engineer, shall be submitted to
the Commission prior to the issuance of a Certificate of Compliance.
.......................................................................................................................................................................................
(leave Space elankl
5-3A
soots 9592K320
Plans:
Title Dated Signed and Stamped by: On File with:
Special Conditions(use additional paper if necessary)
J -
...................................... ..................... ...... ....................................... ........................... .........—
I Leave Space 13IWkj
5.3B
eJU� 9592PC321
Issued'By Salem Conservation Commission
Signature(s)
Is Order must be signed by a majority of the Conservation Commission.
On this day of
lc�_ 19 .before me
personally appear +r %�� �a �� to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the;tame as his/her free act and deed.
pvt t2vPett 3: ommission exp' es
'e'�e7,a aped FltS B.owner. to
airy person e90neved oy Mia Order,arty owner of land abuttln9 the IarW upon which the proposed work is e
be done�ani sin residents of the city or town in which such lard b located We hereby notified of their nght ro request tlfs Department
`meiiml Ouelity Engineering tolaws a sutmaeda g Order.providing tits reaueat is made by cero8ed mail or tions delivery to
IDOltIt within ten dry"from the date of Issuance of this Order.A copy of the request finat the same time be Sent by certified
jeor hmleand tlelw...tle ery to me Conservation commission and the applicant.
a
*Refiled at the. Registry of Deeds to reflect appropriate land holdings.
On this 15th' day of February 1991, before me personally appeared above named, 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.
ry
Notary P bli My commission expires
Detach on dotted line and submit to the prior to commencement of work.
........._�....—�.-N
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 train of fitie of the affected property in accordance with General Condition 8 on . 19—
It recorded land. the instrument number which identifies this transaction is
If registered land.the document number which identities this transaction is
Applicant
Signature
5.4A
• r '
eao� 9592PC322 Ilk
Issued by the Department of Environmental Quality Engineering.
Signature
On this day of 19 before me
personally appeared 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 tree act and deed.
Notary 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 am.
Posed work is to be done or any ten persona pursuant to G.L C.30A.§1 OA.are hereby notified of their right to request an adiudicatory,
nearing Pursuant to G.L 30A.§10.providing the request is made by terrified man at hand deiiveryro t116 Departmant w;vi n tcn days
from the date of issuance of the superseding Order,and is addressed to: Docket Clerk.Office of General Counsel.Department of
Environmental Ouatity Engineemg,One Winter Street.Boston.MA 02108.A copy of the request$hall at the same time be sent by
Certified mad or hand delivery to the conservation Qommmmdn,the applicant,and any other party.
A Notice of Claim for an Adludiealory Hearing shall comply with the DePermlenC$Rules for Adjudicatory Proceedings.310 CMIR +
1.01181.and shop contain the following information: `
(al the DEOE Wetlands File Number,name of the applicant and address of the project: f
(b) the Complete name.address and telephone number of the party filing the request.and.if represented by counsel tri+-neree W
address of the attorney:
(C) the names and addresses of all timer pertles.it known: i4 3,-+ip Sf
(d) a clan and concise statement of 11 I the facts which are ground for the proceeding,(2)the objections to this Sup�r�afe ing Order.
including specifically the mannerm which ft is alleged to be mconsutent with the Department's Wetlands RegulationsCMR
10.00)and does not contribute to the protection of the interests identified in the Act,and(3)the relief sought through ftf'.' l�i ' .� ere y �'7�.,
dicatory hearing,including specifically the changes desired in the Superseding Order: " s`,r
(e) a statement that a copy of the request has been sent to the applicant.the corlservanon commission and each other parry orrep-
resentanve of such part/,if known. _
Failure to submit all necessary information may result in a dismissal by the Department of the Nonce of Claim for an Adjudicatory Hearing.
�Z lern GonterVA-fim G4yom(ss)-,"
Wil ,
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 at
File Number has been recorded at the Registry of and
has been noted in the chain of ttie 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
.. ON Cp��
�O ( 1 (�1
Z vaa via
Salem. Massachusetts 01970
F� e�
�Hnssn�N
July 25, 1991
Julie Armstrong
Ronald Mento
5 Mansell Parkway
Salem, MA 01970
RE: 12 Clark Avenue
Dear Ms. Armstrong and Mr. Mento:
The Salem Conservation Commission is required by the state to enforce the
Wetlands Protection Act. Under this act anyone altering land within 100 feet of a
wetland is required to file either a Determination of Applicability or a Notice of
Intent to determine if the.proposed action will adverseley effect the wetland. The
Commission decides whether the project will effect the wetland and may set
conditions to minimize impacts.
The Commission also investigates reported instances of illegal filling of
wetland areas and issues Enforcement and Restoration Orders to help remediate
damage.
The Conservation Commission is informing you that illegal fill has been
dumped on a property you own. The origin of the fill is Deer Island . We believe
the fill is not contaminated, however, it is high in clay and silt particles. This
makes it unstable when wet and unsuitable for housing construction, unless
specially compacted.
The above mentioned filling was done in January of this year. Unfortunately
at that time we were unaware that you owned a piece of the land in question. Mr.
David Colpitts, his attorney and wetland consultant have made several
presentations to the Commission regarding this matter. The Commission has issued
an Enforcement and Restoration Order, which requires that some of the fill be
moved to make the slope more stable. Mr. Colpitts has appealed the order to the
adjudicatory hearing process. Scheduling of such hearings can take up to two
years. If the judge rules in favor of our Enforcement Order, and Mr. Colpitts does
not comply, you the property owner will be required to carry out the order.
Enclosed is the Enforcement Order which you may be responsible for, if the
ruling of adjudicatory hearing is in favor of the Commission and if Colpitts does
not comply.
If you have any questions regarding this matter, please call Juli
Riemenschneider, Conservation Administrator at 745-9595, ext. 311.
Sincerely,
Betsy Horne
Co-Chairperson
MZ1 WP
f �
310 C,1AR 10.99
Form 9 DEP Fle No. r 1 (5
.` 7o oe orcviaea ay DEP)
towa Salem
Commonwealth
of MOSSaCnUSe[i5 >ooucant Davi ri fnl p;rrc
Enforcement Order
Massachusetts Wetlands Protection Act. G.L. c. 131, §49
From Salem Conservation Commission Issuing Authority
To David Colbitts 457 Summer Streer TvZn MA
Date of Issuance February 5 991
Property lotbarcel number. adcress rt nr - Ai?pn,,p Fvranci nn
Extent and type of actry tyi
Dumping of unstable (clay/silt) fill in an area not specified to be filled on
the plan referenced in the Order of Conditions. The fill is currently eroding
as a result of a steep slope at its edge and the lack of siltation fabric and
functioning staked haybales.
The Conservation Commis=inn has determined that the activity described
above is in violation of the Wetlands Protection Act.G.L. c. 13 1 . §40.and the Regulations promulgated pur-
suant thereto 310 CMR 10.00.because:
Z Said activity has beenns being conducted without a valid Order of Conditions.
Z Said activity has beenns being conducted in violation of an Order of Conditions issued to Davi d
Colpitts dated June 10 1988
Filenumoer 64-165 ,Concitionnumoerts) S ecial conditions) 111, 112, 113, 45
other(specify)
The Conservation Commi c ci on - hereby orders the following:
:3 The prcoerty owner. cis acents. permittees and all others small immeamteiy cease ano desist from further
activity affecting the weuane portion of this property.
p Wetland alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
9.1
Effective 11110/89
Issued by the Department of E^w rcnmental Protection
Comoleiea application forms and plans as reauirea by the Ac:and Repuiati0ns snail be flied with the
^n or oeicre (date).
and no furtner work snail oe certormea until a ouoiic neann-- nas been nein and an Order of Conditions
has peen Issued to reowate said work. Application forms are avanaole at
The orooerty owner snail take every reasonable step to crevect turtner violations of the act.
Other tsoeclfyl
Failure to ccmoty 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 ounisneo by a fine of not more
than twenty-five thousand collars or by Imprisonment for not more than two years Or both.
Each day or portion tnereot of continuing violation snail constitute a separate offense.
Questions regarding this Enforcement Order should be directed to:
Issued by
Signarure(s)
(Signature of delivery person
or certified mail number)
HEARING RIGHTS
You are neteov nolflea of vour nett:o an amuoicatom nearing unser the Massachusetts Admmistrative Proceaure Act.G.L Chactar
30A.Section to.recaramg in:s Enforcement O:sec In accordance witn the Oeoartmenr s Ruies for the Conauct of Adtumcatory Pro-
ceeainds.310 CMR 1.00.a notice at Claim for AMUOIcatory Hearing must oe Wed in writing within twent~e 1211 Days of the Date
of Issuance of oris Enforcement Omer must sate cleanv ano concisely me facts wnlcn are grounds tot the oroce0amgs and the revel
sougnt:must mcwce the accroarlate tiling res ano Fee Transmural Form as proviorto in 310 CMR 10.03 M:ano must De aaaressea to:
OOckei Clem
Office of General Counsel
Deaartment of Enwronmenfal Protection
One winter Street.aro Floor
Boston.Massachusetts 02108
A coov of Salo Notice of Claim must de sent to ine aoorconaie regional office of OEP.
9.2a
L
.f
Issueo ov Salam Cnncart3tlnn CQ=issio, Commission
C 3rnDieleo aopucation forms ano clans as reautrec c'. the Ac: anc Reputations snail be Neo with the
Conservation CommisGl.on on c-petore Feb. 28. 1991 Cate:
ano no further worK shall oe pertormeo unm a puocc nearing nas peen nein ans an Orae, a Cc•-.oil,ons
nas been Issues to reaufale sato worK. Application forms are avauame at
7 The prooerty owner snail taKe every reasonaple sten to prevent Curtner violations of the ac;
Otnerisoecityl
Failure 10 comoly with this Oreer may constitute crounas for Ie0al action Massachusetts General Laws Cnao-
ter 13 1 Section 40 orovloes.
Whoever violates anv provision of this section shall be ounlsnec ov a tine of not more
Inan rwenty- ive tnousano collars or ov Imprisonment for n0: more than two years or ootn
Each eav or portion meteor of continuing violation snail constitute a separate offense.
Questions reoarcinc; this Enforcement Orger should be cirectecl to Juli Riemenschneider
Issuescy William Luster, City Planner
Sionaturetsl
t
ic-'.cnature ct ceuvery person
or
-
or certi'iec mad numoer'
9-2b
310 CMR 10.99
Form 9 DEP Fte No. 64-165
(To DB orwioeo by DEP)
.- Commonwealth
Gay Town Salem
of Massachusetts aooucam David Colpitts
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Salem Conservation Commission Issuing Authority
To David Colpitts
Date of Issuance May 23, 1991
Property lot!parcel num der. address Clark Avenue Lot 1141, Map 2; Lot 118, 117, and 116,
Map 3.
Extent and type of activity:
See Attachment
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/s being conducted without a valid Order of Conditions.
Said activity has beenns being conuucted in violatidn of an Order of Conditions issued to David
Colpitts _, dated
File number 64-165 • Conditionnumoeris) See Attachement
Other(specify)
The Conservation Commission hereby orders the following:
The prcoerty owner. rns agents. dermmees and ail others shall immediately cease and desist from further
activity affecting the wetiand porton of this property.
IM Wettand alterations resulting from said activity shall be corrected and the site returned to its original con-
dition. (See Attachment)
9.1
Effective 11/10/89
Issued by Salem Conservation Commission Commission v
_ Comoietea aootication forms and plans as reouired o'1 the Act ano Re?uauons snail be filed with the
on c,before Icate
and no turtner worK snail be Denormea until a puolic neannc has been nein and an Oraer o1 Conomons
has been issued to reouiate said work. Application forms are available at
The property owner snail take every reasonable sled to Drevent turtner violations of the act
O1herlsDecdy)
See Attachment
Failure to comply with this Order may constitute grounds for leaai action. Massachusetts General Laws Chair
ter 131 . Section a0 provides:
Whoever violates any provision of this section snail be punished by a fine of not more
inan twenty-five fncusanc dollars or by ImDhsonmen!for no:more than two years or Do!n.
Each day or portion thereof of continuing violation snail constitute a separate offense.
Ouestions reaardtnc this Enforcement Order should be directed tc Juli Riemenschneider, Conservation
Administrator
Issued by The Salem Conservation Commission
Sianaturels)
cam— C
i Stcnature of deiwery person
or certified mad nurnoer)
9.2b
This Enforcement and Restoration Order is issued by the Salem
Conservation Commission to compel compliance with the Wetlands
Protection Act and independently the City of Salem Wetlands Bylaw.
We order that the property west of Clark Avenue be restored to a
stable slope which will not continually erode and damage the
wetland area. Although all of the fill is in violation of the
Wetlands Protection Act and the City of Salem Wetlands Bylaw,
because it was done without obtaining the required permits, the
Commission is only asking that the slope be brought back to a slope
which will be stable.
BACKGROUND INFORMATION
1) A Notice of Intent was filed by David Colpitts to extend Clark
Avenue approximately 410 feet south of the former end. A
Notice of Intent was filed because the furthest 100 feet
extended into a buffer zone of bordering vegetated wetland.
The wetland limit line was shown only for this 100 feet length
and then ended as its distance from the road was greater than
the 100 foot Buffer Zone. The Plan showed four house lots
east of the proposed road extension; however no work was shown
west of the extension. No proposed grades were shown west of
the extension, the wetland side.
2 ) The Salem Conservation Commission issued an Order of
Conditions on May 12, 1988, (DEP #64-165) . The Order required
that work be done according to the Definitive Plan of Clark
Avenue Extension in Salem, MA and Profile and Cross Section
Plan, both dated March 1988 by Landmark Engineering and
Surveying.
Special conditions of this Order were as follows :
1 . Work shall conform to above referenced plan.
2 . Work shall conform to narrative submitted with Notice of
Intent, entitled "Wetlands Report" dated April 12 , 1988,
prepared by Gulf of Maine Research Center, Inc.
3 . Any changes in the plans shall require the applicant to
file a new Notice of Intent, to inquire of the Commission
in writing as to whether the changes are substantial
enough to require a new filing.
4 . No salt shall be used as a de-icing agent.
5 . Prior to construction, an erosion and sedimentation
control barrier shall be installed downgradient of
construction to prevent siltation in bordering vegetated
wetlands. Haybales shall remain in place throughout
construction and until the area has been stabilized by
vegetation.
6 . Conservation Commission members and/or their designated
agent reserve the right to enter and inspect the site
during construction.
7 . As-built plans stamped by a Registered Professional
Engineer, shall be submitted to the Commission prior to
the issuance of a Certificate of Compliance.
3) In January 1991 the Commission was notified that large
quantities of fill were being placed off of Clark Avenue.
Wilfred Beaulieau, the Salem Clerk of the Works issued a Cease
and Desist Order on behalf of the City, report dated January
91 1991 . It was determined that the fill ' s origin was Deer
Island. A soil report was also supplied. The soil is made up
of clay and silt particles and large stones . The MWRA had
contracted to have the fill removed. The MWRA was using the
same material to build a berm at Deer Island. The maximum
allowable slopes to be used were 3 to 1 and the soil was being
compacted in 8 inch lifts .
4) The Salem Conservation Commission issued an Enforcement Order
to David Colpitts on February 6 , 1991, stating the extent and
type of activity:
Dumping of unstable (clay/silt) fill in an area not
specified to be filled on the plan referenced in the
Order of Conditions . The fill is currently eroding as a
result of a steep slope at its edge and the lack of
situation fabric and functioning staked haybales .
The Special Conditions violated were stated as #1, #2 , #3 and
#5 .
5) Mr. Colpitts has sold house lots to Paul Claveau and Nicholas
Fiore prior to his dumping of the fill on the lots, however in
his appearance before the Commission regarding this matter Mr.
Colpitts said he was appearing in behalf of the land owners .
6 ) John R. Kielty Counsel for Mr. Colpitts and Paul Summer of
Summer Environmental Technologies Inc. represented Mr.
Colpitts at the April 11, 1991 meeting. Mr. Kielty requested
that the Commission amend the Order of Conditions to allow Mr.
Colpitts to stabilize the recently placed fill . Mr. Summers
submitted a reporL to the Commission which stated that there
was in fact Bordering Vegetated Wetland at the toe of the
slope. At the meeting he said there was no way to tell if
wetlands were covered by the fill . In his report he also
recommended that the Commission amend the Order to extend the
amount of fill allowed to what had been dumped on the site,
stabilize the slope and restore wetlands where erosion had
caused silt to break through the siltation barrier. Mr.
Colpitts has installed a silt fence and staked haybales at the
request of the Commission.
The Commission asked Mr. Colpitts to provide a topographic
survey of the site.
I
1 . .
7 ) Although Mr. Colpitts ' consultant alluded to the fact that
planting grass on the 1 . 45 ft. horizontal to 1 ft. vertical,
24 feet high, clay/silt slope would stabilize it, the
Commission has seen otherwise. Engineering work on the same
fill material used at another site outlined specific criteria
necessary for compaction and stabilization. Some of the grass
seed planted in accordance to the initial Enforcement Order
has germinated, however with each rainfall more of the slope
erodes into the adjacent wetland. Even the functioning silt
fence and haybales cannot stop the down migration of silt/clay
particles .
8) The Conservation Commission' s duty is to enforce the Wetlands
Protection Act, and cannot therefore allow the siltation of
this wetland to continue. The Commission believes that
wetlands were destroyed when the fill was dumped in January,
however there being no plan showing a wetland limit line prior
to fill this cannot be proved without great expense to Mr.
Colpitts . The Commission would like the slope cut back to 3
ft. horizontal to 1 ft. vertical or 338 . This would hopefully
stabilize the slope and protect the wetlands from further
siltation.
Order
In order to insure compliance to the Wetlands Protection Act and
independently the City of Salem Wetlands Bylaw the Commission is
requiring the following:
1 . Haybales and siltation fences shall remain as is to
delineate the toe of slope at the time of this Order. If
they fail to deter erosion or siltation new haybales and
silt fence shall be placed up slope of the current
haybales .
2 . As much fill as necessary to achieve a 338 slope starting
at the current toe of slope as shown on the survey:
Salem, MA plan of Land prepared for David Colpitts, Reid
Land Surveyors April 25, 1991, and as delineated in the
field by the haybales and silt fence, shall be removed
from the site. The fill shall not be disposed of
elsewhere in Salem:
3 . Written notice shall be given to the Commission as to the
location to which the fill is being moved. Written
consent of the property owner shall also be submitted to
the Commission.
4 . Removal of such fill shall commence two weeks from the
issuance of this Enforcement and Restoration Order.
5 . Fill removal shall not cause erosion, sedimentation or
further encroachment into the wetland area. Haybales and
silt fence shall remain in functioning order until all
areas are stabilized.
6 . Enough fill to achieve a 338 slope shall be removed by
August 30, 1991 .
7 . A topographic survey of the property, showing the site
after fill removal shall be submitted to the Commission
before September 15, 1991 . The Commission may then
confirm whether the grades are in compliance to this
Order.
3 . A plan for stabilization of the area shall also be
submitted to the Commission before September 15, 1991 .
This plan shall include the species and method of
installation, used as a means of establishing a permanent
vegetative cover over the entire slope and any areas of
exposed soil between the slope and the road. An
application of loam will probably be necessary to achieve
the result the Commission desires .
9 . Any clay and silt particles which have penetrated the
haybales and silt fence, shall be removed from the
wetland area, by hand. No machinery shall be allowed
below the haybales and silt fence.
10 . By October 15, 1991 the slope shall be 338 or shallower,
the permanent vegetative cover shall be established, and
all silt and clay particles on the wetland side of the
siltation barrier shall be removed.
11 . Following satisfactory and timely compliance to this
Enforcement Order, the Commission will issue Mr. Colpitts
a Certificate of Compliance.
cc: William Luster, City Planner
Beth Debski, Planning Board
Robert E. Blenkhorn, Health Agent
Kevin T. Daly, City Solicitor
Leonard F. Femino, Assistant City Solicitor
Stanton Bigelow, Department of Public Services
William Munroe, Building Inspector
Ralph Kardon, Massachusetts D.E.P.
ibm/esd/concom
i
310 CMR 10 a9
Form 9 DEP Re No. 6 4—16 5
(To oe orowoea Uy DEP)
�- CdvTown Salem
,= Commonwealth Ronald Mento
� = of Massachusetts Amincane u ie Armstrong
e=
Enforcement Order
Massachusetts Wetlands Protection Act, G.L. c. 131, §40
From Salem Conservation CnrrmmiJon Issuing Authority
To Julie Armstrong and Ronald Mento
Date of Issuance July 26 1991 --
Prooerty lot:earcelnumber. address Clark Avenue, Map #2 , Lot 41
Extent and type of activity:
Illegal fill encroaching onto part of the wetland .
The 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 beenns being conducted without a valid Order of Conditions.
Said activity has beeniis being conducted in violation of an Order of Conditions issued to
dated
File number . Condition numoer)s)
Other(spectfyl
The Conservation Commission _hereby orders the following:
)c The property owner. his adenTs. permittees and all others shall immediately cease and desist from further
activity affecting the wetiano portion of this property.
❑ W ettand alterations resulting from said activity shall be corrected and the site returned to its original con-
dition.
9.1
Effective 11/10/89
Issued by the Department of Environmental Protection
Compietec aopucatlon forms and plans as reoulrea by the Act and Redwauons snail be filed with the
on or before (date),
and no furiner worK snail be performed until a Duolic hearing nay been vela and an Order of Conditions
has been Issued to regulate said work. Application forms are available at:
The prooefly owner snail take every reasonable step to orevebt further violations of the act.
Other lsoecltyl
Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chao-
ter 131, Section 40 provides:
Whoever violates any provision of this section shall be ounisned by a fine of not more
;nan nvenw-five thousand dollars or by imbnsonment for not more than two years or both.
Each day or Domon tnereof of continuing violation snail constitute a separate offense.
Questions regarcino this Enforcement Order snould be directed to:
Issued by
Signaturels)
(Signature of delivery person
or certfieci mail number)
HEARING RIGHTS
You are hereov nopfed of your ndnt 10 an aduolcatory nearing under the Massachusetts Administrative Procedure Act.G.L.Chapter --
30A.Section 10.recaroing ms Entorcement Order.in accordance with the Deoartmenrs Rules for the Conduct of Adjudicatory Pro-
ceedmgs.310 CMR 1.00.a Nonce of Claim for Adjudicatory Hearing must oe riled in wrnmo within twenty-one 1211 days of the Cate
of issuance of finis Enforcement Order:must stale clearly and concisely Ins facts wmcn are grounds for the proceedings and the relief
sought:must Include the appropriate tiling tee and Fee Transmittal Form as ponnoed in 310 CMR 10.03(7):and must oe addressed to:
OCCKei ClerK
Office of General Counsel
Department of Environmental Protection
One winter Street.3rd Floor
Boston.Massachusetts 02108
A copy of said Notice or Claim must oe sent to the appropriate regional office of DEP.
9-2a
Issued oy Salpm CnnseriiAf- inp Commission
Comoieteo apolicat10n forms and plans as reourec 0':the Act and Repulalions snail be filed wan the
on or before (datei
and no lurtner worK snail be penormea until a puDhc nearind has been nelo and an Oroer of Conditions
has been issued to reoulate said work. Application forms are available at. -
The prODerh•Owner snail take every reasonable sten t0 orevent further violations of the act
X Other (SDBCIty)
David Colpitts has assumed responsibility for correcting the
violation, however, the law places responsibility on the property
owner and if Colpitts does not comply, you may be required to
carry out Mr . Colpitts ' Enforcement Order .
Failure to comDiv with this Order may constitute grounds for legal action. Massachusetts General Laws Chan-
ter 1-11 . Section 40 provides:
Wnoever violates any provision of this section snail be punished by a fine of not more
than twenty-five tnousand dollars or Dv imprisonment for no:more than two years or 0011.
Each day or portion thereof of continuing violation snail constitute a separate otiense.
Questions regarding this Enforcement Order should be oirected to. .7u 1 i R i pmpn srhna i liar
Issuedbv Salem C
Sionature(s)
r
(SlDnature Of denvery Derson
or certified mall numbed
9-2b
KEVIN T DALY > .r� to -` LEONARD F. FEMINO
ASSISTANT CITU SOLICITOR '�i��,.�/4? ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET �''5''''�'' 93 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
ONE CHURCH STREET ONE SCHOOL STREET
MICHAEL E. O'B RIEN
SALEM. MA 01970 BEVERLY. MA 01975
93 WASHINGTON CITY SOLICITORINGTON STREET 745.4311
745.0500 921-1990
AND
PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM. MA 01970
745-4311
744.3363
PLEASE REPLY TO 81 WASHINGTON STREET
June 9 , 1988
Salem Conservation Commission
One Salem Green
Salem, Massachusetts 01970
Re : Clark Avenue, Salem ( 58 ,022 sq. ft. )
Assessor' s Map 2 , Lot 40
Gentlemen:
Please be advised that after advertisement and auction
the City of Salem entered into an agreement to sell the above
entitled real estate to David Colpitts . The purchase and
sale agreement was conditioned upon Mr. Colpitts obtaining
all necessary permits to construct a single family residence
on the locus including requisite permits from the Conservation
Commission.
Accordingly, as the real estate has been approved for
sale by both the City Council and Mayor, this office requests
that you act favorably on Mr. Colpitts request.
/V
ry truly yours
Michael E. O' Brien
City Solicitor
MEO/jp
i
atnwlrt'l4
�r
KEVIN T. DALY .9.� j LEONARD F. FEMINO
ASSISTANT CITY SOLICITOR �N ,��— ASSISTANT CITY SOLICITOR
93 WASHINGTON STREET "gym'' 93 WASHINGTON STREET
AND CITY OF SALEM - MASSACHUSETTS AND
ONE CHURCH STREET ONE SCHOOL STREET
MICHAEL E. O'B RIEN
SALEM. MA 01970 BEVERLY. MA 01915
745-4311 CITY SOLICITORINGTON STREET 745-4311
745-0500 93 WASH921-1990
AND
PLEASE REPLY TO ONE CHURCH STREET 81 WASHINGTON STREET PLEASE REPLY TO ONE SCHOOL STREET
SALEM. MA 01970
745-4311
744-3363
PLEASE REPLY TO 81 WASHINGTON STREET
June 9 , 1988
Salem Conservation Commission
One Salem Green
Salem, Massachusetts 01970
Re : Clark Avenue, Salem ( 58 , 022 sq. ft. )
Assessor' s Map 2 , Lot 40
Gentlemen:
Please be advised that after advertisement and auction
the City of Salem entered into an agreement to sell the above
entitled real estate to David Colpitts . The purchase and
sale agreement was conditioned upon Mr. Colpitts obtaining
all necessary permits to construct a single family residence
on the locus including requisite permits from the Conservation
Commission.
Accordingly, as the real estate has been approved for
sale by both the City Council and Mayor, this office requests
that you act favorably on Mr. Colpitts request.
V ry truly yours
Michael E. O' Brien
City Solicitor
MEO/jp
CITY OF SALEM
CONSERVATION COMMISSION
Will give a public hearing under the Wetlands Protection Act, Mass. G.L.
Chapter 131 Section 40, at the request of Mr. David Colpitts. The proposal
involves the construction of a single family house within a wetland buffer
zone. The hearing wi-1 be held on Thursday, June 9, 1988, at 7:30 p.m. . One
Salem Green, Second floor conference room.
Philip D. Moran
Chairman
June 2
R ECtmIVECy
GULF OF MAINE RESEARCH CENTER 10. `' �"� °
ENVIRONMENTAL CONSULTING SERVICES +ears. �,1 ;, ,•- : 6 .�T
27 CONGRESS STREET
SALEM, MA 01970
(617)745-6618
FAX (617) 741-8648
23 June, 1988
Beth Debski
Salem Conservation Commission
One Salem Green
Salem, MA 01970
Dear Ms . Debski:
I have been informed that the Salem Conservation Commission
will not have a quorum on 23 June, 1988 , therefore, the commission
will not be able to consider a Notice of Intent submitted by David
Colpitts . Mr. Colpitts has agreed to a continuation of his hearing
to 14 July, 1988 .
Sincerely,
- ,4A4/
Donald M. Kent, Ph.D.
for
David Colpitts
RICHARD L. VITALI
Attorney at Law
60 ANDREW STREET
LYNN, MASSACHUSETTS 01901
(617) 599-6480
Fax (617) 599-7955
April 15, 1992
William E. Luster, Citv Planner
Planning Department
One Salem Green
Salem, MA 01970
RE: COLPITTS/CLARK AVENUE
Dear Mr. Luster:
Following up on our previous meeting, please find a report
from McPhail Associates, geotechnical engineers, addressing
those matters of concern. Would you kindly review this report.
Thank you.
Very truly yours,
i� / '��
ICHARD VITALI, ESQUIRE
/keg
Enclosure
PC: Assistant City Solicitor Femino
Mr. and Mrs. Colpitts
ASSOCIATES,INC.
March 29, 1992
Geotechnical Engineers
Mr. David Colpitts -
P.O. Box 8123
Lynn, MA 01904
Attention: Mr. David Colpitts
Reference: Clark Avenue; Salem, Massachusetts
Stability of Existing Slope
Gentlemen: 6
In accordance with your recent request, we have completed our assessment of
the existing slope located along the south side of vacant lots numbers 40
and 41 situated on the south side of Clark Avenue in Salem, Massachusetts.
The purpose of this letter is to address concerns raised by the City of
Salem regarding surficial erosion and overall stability of the slope con-
structed at the above referenced lots. The area adjacent to the toe of the
slope is understood to be designated as a wetland.
It is understood from our discussions with Mr. David Colpitts that the slope
was constructed during the period of May 1988 through September 1990 and
consists of blast rock fill overlain by glacial till imported from Deer
Island. Information provided by Mr. David Colpitts included an existing
conditions plan entitled "Plan of Land Prepared for David Colpitts" by Reid
Land Surveyors and dated April 23, 1991, and a typical cross section through
lot number 40, also prepared by Reid Land Surveyors.
The existing condition plan indicates that the slope ranges in height from
18 to 24 feet, and varies in pitch from a minimum of 2.2 horizontal to 1
vertical, to a maximum of 1.45 horizontal to 1 vertical. The typical cross
section indicates the stages of slope construction. Firstly, blast rock
fill was placed over the original ground up to a maximum thickness of about
16 feet. The blast rock fill was then overlain by glacial till varying in
thickness up to a maximum of about 12 feet.
SITE OBSERVATIONS
A visual inspection of the slope was performed on March 5, 1992 by an
engineer from our office in the presence of Mr. David Colpitts. Our obser-
vations indicated that the surface of the slope consists, in general, of
glacial till, although locally portions of the slope are covered with loam.
.'n OMA Succi
1A1%5.,CIlu;e115 02137
,•� Sd91.123 iPaq
Mr. David Colpitts
ASSOCIATES,INC. March 24, 1992
Page 2
Geotechnical Engineers
According to Mr. David Colpitts, the slope was seeded in the fall of 1991.
Grass has since started to grow over much of the slope.
Based upon our evaluation of the glacial till material from Deer Island
performed during August 1990, it is considered to be a well-graded mixture
of silt, sand and gravel. In regard to the potential re-use of the glacial
till, it is an excellent material for structural or ordinary fill when
placed and compacted under properly controlled conditions consisting of dry,
non-freezing weather. The glacial till is also considered suitable for use
in construction of slopes, however, it does contain a high percentage of
silt (about 35 to 40 percent fines) , and hence, is considered to be sensi-
tive to surficial erosion.
Visual observation of the slope indicates the presence of localized evidence
of surface erosion consisting of drainage gullies in the face of the slope.
The drainage gullies were reportedly caused by storm water run-off locally
cresting over the top of the slope and draining down the slope. To prevent
further erosion, a berm has been placed along much of the top of the slope
and the storm water run-off diverted to the west end of the site. In li
addition, surface erosion of the slope is also considered to have occurred
as the result of precipitation washing out silt/fines from the glacial till
material.
Finally, we also observed a number of existing trees at various locations
along the slope. The trees pre-dated fill placement for slope construction
and hence, fill material has been placed around the bases of the trees. In
addition, a number of rocks were observed protruding from the face of the
slope.
CONCLUSIONS
It is our opinion, based upon our on-site observations that the slope is in
reasonably good condition with only localized evidence of surface erosion
consisting of drainage gullies in the face of the slope. Based upon the
method of construction of the slope as indicated in the above referenced
cross section, the groundwater level is anticipated to be perched on the
surface on the underlying natural soil, and hence, is not considered a
threat to the stability of the slope. With regard to the trees in the
slope, it is considered that future degradation of the trees may result in
damage to the slope.
In conclusion, based upon our past experience with slopes of similar geomet-
ry constructed of glacial till, this slope is considered to be in an overall
MMMO Y"
Mr. David Colpitts
ASSCCIATES,INC. March 2a, 1992
Page 3
Geotechnical Engineers
stable condition, however, some minor regrading should be performed and
surficial erosion protection provided to maintain the slope in a stable
condition.
RECObZMMATIONS
Based upon our on-site observations and our review of the documents prepared
by Reid Land Surveyors, we recommend the following measures for providing
and maintaining a stable slope.
1. The slope should be graded to a maximum pitch of 1.5 horizontal to 1
vertical.
2. To prevent drainage gullies and hence, surface erosion in the face of
the slope, it is recommended that final site grading include a contin-
uous Swale along the top of the slope to divert surface run-off away
from the slope.
3. Given that the slope is constructed of glacial till, it is recommended
that the surface of the slope be provided with a protective covering
of grass as soon as possible. Hydroseed may be the best method of
protection against surface erosion.
4. With regard to the trees in the slope, it is recommended that they be
cut down to prevent future damage to the slope. The root balls of the
trees should be allowed to remain.
5. Finally, with regard to the rocks protruding from the face of the
slope, it is recommended that the slope be regraded around the rocks
to maintain a maximum pitch of 1.5 horizontal to 1 vertical.
We trust that the above is sufficient for your present requirements . Should
you have any questions, please contact us.
Very truly yours,
McPHAIL ASSOCIATES, INC.
(/Ambrose J. Donovan, P.E.
AJD/jrm 2438
WETLANDS REPORT
Clark Avenue
Salem, Massachusetts
Prepared for:
David Colpitts
17 Manning Road
Lynn, Massachusetts
Prepared by:
Donald M. Rent, Ph.D.
GULF OF MAINE RESEARCH CENTER INC.
ENVIRONMENTAL CONSULTING SERVICES
27 CONGRESS STREET
SALEM, MA 01970
(617) 745-6618
GULF OF MAINE RESEARCH CENTER INC.
i
SECTION I: INTRODUCTION
The applicant, David Colpitts, proposes to extend Clark Avenue
approximate) 420 feet.
Y The extension would provide vehicular
access, sewer and water to four house lots.
The Gulf of Maine Research Center Inc. of Salem, Massachusetts
identified and delineated the boundaries of Wetlands Resource Areas
on the property and served as environmental consultants for the
project. Landmark Engineering and Surveying, Inc. surveyed the
property and prepared the plans. The site layout will protect the
Wetlands Resource Areas according to the criteria and performance
standards in the Massachusetts Wetlands Protection Act (M.G.L. c.
131, 40)and Regulations ( 310 CMR 10. 00 ) . This report describes the
existing wetlands in the vicinity of the proposed road extension and
discusses measures to protect the interests identified in the
Massachusetts Wetlands Protection Act.
SECTION II: SITE DESCRIPTION AND WETLANDS RESOURCE AREAS
The property is located approximately 0. 2 miles north of the
Salem-Swampscott line, at the end of Clark Avenue in Salem (Figure
1 ) . The site is abutted by residences to the north and east, and by
businesses to the west. To the south and southeast the land is
primarily undeveloped. Topography is hilly, ranging from 118-150
feet, and slopes to the northeast and southwest. The 1977 Soil
Conservation Service Soil Survey classifies the soils as Chatfield -
Hollis - Rock Outcrop with 3-35 percent slopes. The upland
vegetation is comprised of cherry (Prunus sp. ) , red oak (Quercus
rubra) , white oak (Quercus alba) , sheep Laurel (Kalmia angustifolia)
and briar (Smilax sp. ) .
1
<`
Site MN, + ..
' �� x�� c � ��Par♦ai f f - r. �� Y�
-
/
Pic
30 �tb / CI7f
Bock eeac}
\ F': � � yf�ya 17tt1 IlrU
F1 G U RZ 1 . SITE LOCA'1"ION AND TOPOGRAPHY
SCALE : 1" = 2100 ' 1 N
BASE "?AP : CSGS Topographic clap
GULF OF MAINE RESEARCH CENTER INC.
Wetlands in the vicinity of the proposed road extension consist
of an intermittent stream and associated Bordering Vegetated
Wetland. Scattered red maples (Acer rubrum) comprise the
overstory. Highbush blueberry (Vaccinium corymbosum) , briar (Smilax
sp. ) and especially sweet pepperbush (Clethra alnifolia) comprise a
sometimes dense understory. Ground cover is sparse to absent.
SECTION III: WETLANDS PROTECTION INTERESTS
The wetlands interests in the vicinity of the proposed extension
subject to protection under the Massachusetts Wetlands Protection
Act are:
- public and private water supply
- protection of groundwater supply
- storm
damage prevention
- flood control
- prevention of pollution
- protection of wildlife habitat
The wetlands do not provide protection to fisheries because of the
intermittent nature of the stream.
No work is to be conducted within the resource area, therefore
no measures are required to mitigate direct impacts. The proponent
proposes alteration of 2725 s. f. of buffer zone. Work within the
buffer zone will be conducted in a manner that will prevent altering
of the resource area. Staked haybales will be placed immediately
downgradient of construction to prevent siltation in Bordering
Vegetated Wetlands Haybales will remain in place
2
f
GULF OF MAINE RESEARCH CENTER INC.
throughout construction and until the area has been stabilized by
vegetation. The haybales will be periodically inspected and
maintained, and replaced if necessary. Construction personnel will
be required to keep their equipment and supplies outside the
resource areas.
SECTION IV- SUMMARY
The applicant proposes a 420 foot extension of Clark Avenue.
No work will be conducted in wetland resource areas. Work in the
buffer zone will be conducted so as to prevent alternation of the
wetlands resource areas.
3
\oN CpM�'
2� z Com�ervation Commission
Salem. Massachusetts 01970
y'yASSf����
CITY OF SALEM
CONSERVATION COMMISSION
Will continue a public hearing under the Wetlands Protection Act, Mass.
G.L. chap. 131, section 40, at the request of Mr. David Colpitts. The
proposal involves the construction of a roadway and utilities within a
wetland buffer zone, located on Clark Avenue. This hearing will be held
on Thursday, May 12, 1988, at 7:30 p.m. , One Salem Green, second floor
conference room.
Philip D. Moran
Chairman
May 5
J1752
COMMONWEALTH OF MASSACHUSETTS
ESSEX COUNTY REGISTRY OF DEEDS
SOUTHERN DISTRICT
32 FEDERAL ST.
- SALEM 01970
July 20, 1988
oz.s
JOHN L. O'BRIEN, JR.
REGISTER
7410201
Salam Conservation Cam-Lission
One Salem Green
Salem, MA 01970
to
John L. O'Brien, Jr.
Register of Deeds
RECORDED: JULY 20, 1988 $10.00
ONE ORDER OF CONDITIONS FROM THE SALEM CONSERVATION COMMISSION TO DAVID COLPITIS FOR
A PROJECT LOCATED AT CLARKE AVENUE
PLEASE RETURN COPY WITH PAMMENT
r
Attachment A
WETLANDS REPORT
Clark Avenue
Salem, Massachusetts
Prepared for: '
David Colpitts
17 Manning Road
Lynn, Massachusetts
Prepared by:
Donald M. Rent, Ph.D.
GULF OF MAINE RESEARCH CENTER INC.
ENVIRONMENTAL CONSULTING SERVICES
27 CONGRESS STREET
SALEM, MA 01970
(817) 745-8818
GULF OF MAINE RESEARCH CENTER INC.
TABLE OF CONTENTS
Section Page
Introduction 1
Site Description and Wetland Resource Areas 1
Wetland Protection Interests 4
Impacts and Mitigation 5
Summary 6
Appendix A: Storm Runoff Analysis 7
f
GULF OF MAINE RESEARCH CENTER INC.
List of Figures
Figure Page
1. Site Location and Topography: USGS Map 2
2. Site Location and Zoning: Salem Zoning Map 3
GULF OF MAINE RESEARCH CENTER INC.
INTRODUCTION
The applicant, David Colpitts, proposes to construct a
single-family house with attached garage, and an accessory building,
on 1. 3 acres of property off of Clark Avenue, Salem, Massachusetts.
This requires grading of the buffer zone. Mr. Colpitts has a
purchase and sale agreement with the City of Salem contingent upon
receiving an Order of Conditions for building construction.
The Gulf of Maine Research Center Inc. of Salem, Massachusetts
identified and delineated the boundaries of Wetland Resource Areas
on the property and served as environmental consultants for the
project. Landmark Engineering and Surveying, Inc. surveyed the
property and prepared the plans. The site layout will protect the
Wetland Resource Areas according to the criteria and performance
standards in the Massachusetts Wetlands Protection Act (M.G.L. c.
131, 40) and Regulations ( 310 CMR 10.00) . This report describes the
existing wetland in the vicinity of the proposed structure and
discusses measures to protect the interests identified in the
Massachusetts Wetlands Protection Act.
SITE DESCRIPTION AND WETLAND RESOURCE AREAS
The property is located approximately 0.2 miles north of he
Salem-Swampscott line, at the end of Clark Avenue in Salem (Figure
1 ) and is zoned residential, one-family (Figure 2) . The site is
abutted by residences to the north and east, and by businesses to
the west. To the south and southeast the land is primarily
undeveloped. Topography is hilly, ranging from 118-150 NGVD, and
slopes to the northeast and southwest. The 1977 Soil Conservation
Service Soil Survey classifies the soils as Chatfield - Hollis -
1
PEN
if S
$VIM
6-tt-o Ely-ma
Pot
kn"�,
Nwn—
L�o
AN
P '
t CIQCIE
,VYMAN 51. /RIS
r i 18AWNE5
f The AVE.
—r.; A SiteT
WYMAN
TERR ' r?
3 \l
l (R I. sr /
FIGURE 2. SITE LOCATION AND ZONING: SALEM ZONING MAP.
SCALE: 1 INCH = 400 FEET
GULF OF MAINE RESEARCH CENTER INC.
Rock Outcrop with 3-35 percent slopes. The upland vegetation is
comprised of cherry (Prunus sp. ) , red oak (Quercus-rubra) , white oak
(Quercus alba) sheep Laurel (Kalmia angustifolia) and horse-briar
(Smilax rotundifolia) .
A wetland in the vicinity of the proposed structure consists of
an intermittent stream and associated Bordering Vegetated Wetland.
Scattered red maples (Acer rubrum) comprise the overstory. Highbush
blueberry (Vaccinium corymbosum) , horse-briar and especially sweet
pepperbush (Clethra alnifolia) comprise a sometimes dense
understory. Ground cover was absent at the time the wetland was
delineated (March 11, 1988) .
WETLAND PROTECTION INTERESTS
The wetlands interests in the vicinity of the proposed structure
subject to protection under the Massachusetts Wetlands Protection
Act are:
- public and private water supply
- protection of groundwater supply
- storm damage prevention
- flood control
- prevention of pollution
-protection of wildlife habitat
The wetlands do not provide protection to fisheries because of the
intermittent nature of the stream.
IMPACTS AND MITIGATION
No work is to be conducted within the resource area, therefore
no measures are required to mitigate direct impacts. The applicant
4
GULF OF MAINE RESEARCH CENTER INC.
does however propose construction of two structures and some grading
of the property in the buffer zone. According to the 'Preface to
the Wetlands Regulations ' , the intended nature and function of the
buffer zone " . . . is not to expand jurisdiction automatically beyond
the boundaries of Bordering Vegetated Wetlands, but to provide a
mechanism by which local conservation commissions can be notified of
projects located outside these boundaries but sufficiently close
thereto to pose a potential environmental threat". An applicant
filing a Notice of Intent to perform work within the buffer zone has
the burden of demonstrating to the conservation commission "that the
area is not significant to the protection of any of the interests
identified in the Act; or that the proposed work will contribute to
the protection of the interests identified in the Act by complying
with the general performance standards established by 310 CMR 10.00
for that area" [CMR 10.03 (1) (a) ] .
Work within the buffer zone will be conducted in a manner that
will prevent altering of the Bordering Vegetated Wetland. Staked
haybales and Mirafi fabric will be placed immediately downgradient
of construction to prevent siltation of Bordering Vegetated
Wetlands. Haybales and fabric will remain in place throughout
construction and until the area has been stabilized by vegetation.
The haybales and fabric will be periodically inspected and
maintained, and replaced if .necessary. Construction personnel will
be required to keep their equipment and supplies outside the
resource areas. Furthermore, the steep slope ( 0.6:1) created by
grading the property southwest of the house will be sodded
immediately upon completion of grading. Hydroseeded slopes of 1:1
are stable, e.g. several properties on Centennial Drive, Peabody.
5
GULF OF MAINE RESEARCH CENTER INC.
Sodding of the proposed slope should provide a more immediate and
effective means of stabilizing the embankment than hydroseeding.
Public and private water supplies and groundwater supplies will
not be impacted as there are no water supplies on the property and
the area is not a designated aquifer recharge area.. There are no
wells within a half mile of the property.
Filling, grading and seeding the property will decrease the
runoff coefficient, resulting in a decrease in storm runoff. For
example, for a 100 year, 1 hour storm event, existing storm runoff
is 1.10 cfs whereas runoff after construction is completed is
estimated to be 0.83 cfs (Appendix A) . Therefore, the project will
enhance storm damage prevention and flood control.
There will be no impact on the ability of the wetlands to
prevent pollution as the project will neither reduce the total area
of existing wetlands nor will there be an introduction of pollutants
into surface or ground water. Public sewer will be used and there
will be no floor drains in the garages.
There are no indigenous wetland wildlife species present that
are susceptible to disturbance. Furthermore, no alteration of the
resource area is proposed. Therefore, the project will protect
wildlife habitat.
SUMMARY
The applicant proposes construction of a single-family house
with attached garage, and a separate accessory building. In
addition, some grading is required to provide access from the house
to the accessory building. work in the buffer zone will be
conducted so as to prevent alteration of the wetlands resource areas.
6
GULF OF MAINE RESEARCH CENTER INC.
APPENDIX A
Storm Runoff Analysis
7
/• 33 Ae��S
He_A.e F. //..9 s/z 3/DS
RAINFALL ANALYSIS
/00 YEAR / HOUR STORM
Q=CiA
Time of Concentration
T =1. 8 (1. 1-C)D•5
S•3
C - runoff coefficient
D = distance traveled(feet)
S = slope (in $)
RUNOFF RATE Q CiA
Q peak runoff rate (cfs)
C = runoff coefficient =
i = rainfall intensity (in./hr. ) _
A = drainage area (acres)
//„t
C = o. cr
A= 0•�7 % /( cwt
(� Co A
�yyr
4
3 3 Aei,-S
47/22/88
IeHry
RAINFALL ANALYSIS
O YEAR / HOUR STORM
Q=CiA
Time of Concentration
T =1. 8 (1.1-C)D•5
S.3 :
C = runoff coefficient
D = distance traveled (feet)
S = slope (in 8)
RUNOFF RATE Q = CiA
Q - peak runoff rate (cfs)
C = runoff coefficient
i = rainfall intensity
A = drainage area (acres) _
C =
0. 5, 0
o. 6 7.'"c
Q = ciA
(2•S� (0.&7) = 0. 93 cfs
R
y;
.v <s