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64-167 - CLARK AVENUE - CONSERVATION COMMISSION �C'!��Gt° �No�7 Oc'r�/�l /.�� . _ �9oGC5Ci '' p C /�Vl y c Cow O)n ; U/yir 4�o T r G,fl RC1 'C 3 31+0i i NNNNIN 71-1 fi G =�0 G r [ w ,. r y'� � JJ . A i �A�y � � � Y�f �{'-� U j/.� ev ��' #+� ��� -fall � �� � �{' � �`���l�, �� � 4a I//�{(�AP� M � K � / y I �{ / /� \ 1 _ � I ..y�.,� s,. ,,, �. } i. Gov }F N 0v Ic f.` r! r`�P .l �, r;F ✓ � � 'r (5x�, yr lt't,a -N'Sy `4�.a� r�'�.f � � 61, /9�l/•,y��r� y �1V ,r U� { �V .34i 5 M �+ � �✓� � rVy . ���, ..ger f. •• _ , `� rte,' FW (Oyf F 0 ,gyp yJ c0�N � i, IA \ I��F1 ,�i' .-1114 :' v� 74C Atval- IS lz .rsW ✓��.. s r C! !* '>'}.,4 ��1,W�3�a rss . r "o `,r�",�, `r 114�}L° .moi' •>� jt' •� •t ~ �r'' � 5 � f. •- �UIIIiG�n Bb�IO t��D" 43 Y� �4 4�\T' AO, 'VIP r x � Y r ` CJ` � r a e` ne� . P rC�_1`GJc 1P = O F1;3 AGO vrc .' 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Massachusetts 01970 W ASS July 25, 1991 Docket Clerk Office of General Counsel Department of Environmental Protection One Winter Street Third Floor Boston, MA 02108 RE : File Numbers 64-165 and 64-167 Dear Sir/Madam: Enclosed are copies of Enforcement Orders, file numbers 64-165 and 64-167 , issued to David Colpitts on May 23 , 1991 . Mr Colpitts ' attorney, John Kielty, is appealing both of these Enforcement Orders to your office . The Salem Conservation Commission believes that this is an emergency situation which should be addressed immediately . We are requesting that this appeal process be expedited due to the unstability of the fill . The fill is primarily made up of clay and silt particles, and has been placed at a slope of 1 to 1 . 5 at a height of up to 22 feet . As a result of the type of material and the steepness of the slope, the material is rapidly eroding into the adjacent, bordering vegetated wetland. Siltation of the wetland has already occured, and worsens with each rainfall . Please make this a priority. If you need any further information or assistance in this matter please do not hesitate to contact Juli Riemenschneider at ( 508 ) 745-9595 ext . 311. Thank you for your prompt attention in this matter . Sic erely, Betsy Horne Co-Chairperson D1028 r 2 r_ Form 5 :EQE File No, 64-167 (To tie orawoeo ov OEGE) Commonwealth C:NrTowo SALEM ofMassachusehs Aociicam DAVID COLPITTS 1�l'. CONFIRMATORY Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From 4ATFbf rr1TTRFRVATTnN rr)NfWTCa Tr1N To DAVID COLPITTS SAME (Name of Applicant) (Name of property owner) 17 MANNING ROAD LYNN, MA SAME Address Address This Order is issued and delivered as follows: by hand delivery to alapticant or representative on (datel x' by certified mad.return receipt requested on TUT Y 18_ 1988 (date) This project 1s located at CLARKE AVENUE ESSEX The property is recorded at the Registry of 800K 47(17 Page 44R Certificate Of registered) 1.lAY 24, 1988 The Notice of Intent for this project was filed on (date) The public hearing was closed on TUT Y 141- 10RR (datel Findings The SALEM CONSERVATION COMMISSION has reweweameaoove-referenceaNotice of intent ana plans and has held a public hearing on the project. Based on the information available to the COPLMISSIOtd atthistime. 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 l' M Public water supply El Flood control ❑ land containing shellfish © Private water supply Storm damage preventfon ❑ Fisheries ® Ground water supply ® Prevention of pollution KI Protection of wildlife habitat 5.1 l d l Therefore. the COMMISSION .,iereov rinds that the roliowinq ccndltlons are necessary, In accordance with the Performance Standards set forth In the regulations. to pratect those inter- ests checked above. The COMMISSION orders that all work snail 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 tram 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 pertrnttes 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 Cate 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. wore, 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 aapeal periods from this Order have elapsed Or. it Sucn an appeal has been(Ilea. until all proceedings before the Decartment have Deen completed. d. No work shall be undertaken until the Final Order has been recorded In the Registry at Deeds or the land Court for the district In which the land Is located, within the chain of title of the affected crocerrv. 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 at 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 pnor 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 64-167 10. Where the Department at Environmental Quality Engineering Is requested to make a determination and to issue a Superseding Order. the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 1 1 Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: 5-2 Plans: Title Dated Signed and Stamped by: On File with: PLOT PLAN MAY, 1988 Landmark Survey & Engineering ConComm/Planning Board Saeolal Conditions IUSe additional Bader If nedessaryl 1. Work shall conform to above referenced elan. 2. Work shall conform to narrative submitted with Notice of Intent, entitled "Wetland- Report" , prepared by Gulf of Maine Reserach 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 install downgradient of construction to prevent siltation in bordering vegetated wetlands. Staked angled havbales and a siltation fence 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 . Consultant shall closely monitor the site before and during construction. 8. No paving shall occur beyond the end of the proposed cul-de-sac. 9 . There shall be no harking between the end of the cul-de-sac and the proposed accesso garage. 10.No work shall take place on automobile outside of the accessory larave. 11.Construction personnel and equipment shall remine on upland side of construction. 12.As-built plans stamped by a Registered Professional Engineer, shall be submitted to the Commission prior to the issuance of a Certificate of Compliance. (Leave Soace dianti 5.3A Plans: TIHe Oatea Signea and Stamoea by On File with: Special Conditions(use addifi0naJ paper it necessary) III .................. ............ .................... ........... ...... ......... (Leave SoaCe 8IWkI 5.38 Issues 8y // - Conservation Commission Signaturem L W t„ This Order must be signed by a majority of the Conservation Commission. On this 15th day of ntly 19 att before me Personalty apoeared. rh p n hnupri . to me known to be the person described in end who executed the foregoing Instrument and acknowledged that heishe executed the same as nisther tree act and deed. Notary Public My commission expires The oppecanl.the Gwrar.any Owean agghwred by Ma Order.arty owner of tend abut&W me tens uP W wledt ins wooff"O wont a to be COM w any twt festaeh0 tx t ne dty w whim m wtech such ww te iwAted are nw"noshed of thea right to reauest ms pepw11an1 of Envvonm w OunklY Engaeemq d l&$Lw a SucwsemV Orow.orawdatq the reauosl a maae by cat anaa th"or herd doh very to me Deferment vntten ten on"Irdn me date of issuance of this Order.A copy of trio reausea shot st the same mrd be sent by CertuOed mu m nano carvery to me Conservation Comtnissm and one av0ticwtl. Detach on doned Ilne end eabmtt to the prim to commencement of wwa. _.. :Seung AuthanN ' 10 Pteeas on amis,o that me Grow at Conditions for the orgect at File Numoer has been recorded at me Feglatry of and has been,noted in the chain of bne of the affected Property m accordance with General Condition a on . 19 If recorded land. me mstrUment numoer wnicn iaentules this transaction is II registered two. the nocumenl number which mentales this transaction is Acalicant Signature I� 5-4A Issuea cy the Department of Environmental Cuaury Enameenna. Signature On this day or 19 , before me personally appeared to me Known to be the person described In and who executed the foregoing Instrument and aCKnowleaged that he/she executed the same as his/her free act and deed. Notary Public My commission expires The oxinews.me owner.any parson wganevsd by this Superseding Order.any owner of lane mutonq mo lana upon which me aro. posed work is to be time or any ton nersane our f uent to G.L c.30A.§t OA.are neracy notmed of mer right to reduest an adNdidatary, hearng pursuant to G.L 30A.§10.providug me request m maw by carolled mss or nano delivery to me placement worm ton days "in me data of msurtbe at this SuPwOGMig Order.and is addressed to: Docket Clark.Office of General Counsel.Department of Envr mar ww Quarry Entirearri One Winter street.Boston.MA 02108.A cosy at the rainiest areal at the eros time be sent by Ceroned filed Or Milne degvary to me conaervaeon commellion.the aDDUCEM,and any omer pang. A Notice of Caen tar an AdKWICMWrY Hearing was comply win me Oedartmenrs flutes fa Aaludltetay Proceedings.J 10 CMR t.01(8),aria snag Conan me follow k;nfohneoon: (a) ms OEOE Wellman Fee Number.name of the acoucant aro address of the protect•. (b) me complete name.address,and totaling"number of me parry Itlinq me request.and.it represented by counsel.the name are address of Ile attorney: (cl me nahles ale addresses of as Oder heroes,It known: (d) a clear aria concur smt rent of r 11 the facts which are grounds to me afaceedaq,(2)the Colombians to mm sudsrsedeq Order, indudmg speeitidagy,me manner in which it is alleged to be neonsmant dam me Osprtrnent'a Wesanw Regulations 1310 CMA 10.001 and does not contribute tome protection of the interests Identified in the Act.and(3)the relief sought through me wou. dtdatpry,hearing,including sowIhCarly the changes dowels in me Suversedng Order. (at a statement mat a copy at trio reduest etas offer,sent to me malcant.the consenatnri commission and own other early or roo- resentame of such owy.it known. F..vlure to suomn all necessary mtormanon may reset in a aismissai by me Owfartment of the Nonce of Claim for an Aow01c3t0ry Hearing. *This Confirmatory Order of Conditions is being, filed to correct an error in the name of the plan on file with the City of Salem Conservation Commission, Onsch on dotted line and submit 10 Ina prior to coil mencemont of work. To Issuing Authority Please ce ammoo mat the Order of Conditions for me project at File Numoer has been recorded at the Registry of and nes peen noted in me chain at title at me alfected oraperry to accordance with General Condition B on . 19 11 recoraed lana. The instrument numaer which taennfies this transaction m It registered land. the document number which identities this transaction is Signature Applicant 5-48 � s�o� 961 °C161 Form 5 OEQE File No. _ 167 (To be provibeo by DECE) der.. City/Town SALEM Commonwealth a of Massachusetts Applicant DAVID COLPITTS Order of Conditions Massachusetts Wetlands Protection Act G.L. c. 131, §40 From SAT"', rt7NRFRVATTQN rnmmTccTM cs, To DAVID COLPITTS SAME (Name of Applicant) (Name of property owner) t— c r 17 MANNING ROAD LYNN, MA SAME r .) Address Address s This Order is issued and delivered as follows: Z5 ❑ by hand delivery to applicant or representative on (date) o co 1�1 by certified mail,return receipt requested on NJLY 18 1988 —(date) This project is located at CLARKE AVENUE ESSEX The property is recorded at the Registry of Book 17(17 Page 491 * and registered land 58453-270 O O O Certificate(if registered) O MAY 24, 1988 T The Notice of Intent for this project was filed on (date) The public hearing was closed on JULY 14 1981• (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 ® Prevention of pollution El Protection of wildlife habitat 5.1 Effective 11/1/87 BOOK SGM162 Therefore, the COMMISSION hereby finds that the foltgwing conditions are necessary, in accordance with the Performance Standards set forth in the regulations, to protect those inter- COMMISSION este checked above. The 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 Quality Engineering, File Number 64-167 10. Where the Department of Environmental Quality Engineering is requested to make a determination and to issue a Superseding Order, the Conservation Commission shall be a party to all agency proceedings and hearings before the Department. 1 1 . Upon completion of the work described herein, the applicant shall forthwith request in writing that a Certificate of Compliance be issued stating that the work has been satisfactorily completed. 12. The work shall conform to the following plans and special conditions: 5-2 BUUI( 9618P6163 Plans: Title Dated Signed and Stamped by: On File with: "Definitive Plan March 1988 Landmark Engineering & Surveying Planning Board/ConCon of Clark Avenue Exte�on in Salem, "Profile and Cross Sect; Dl�nn i � � � 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 "Wetland: Report" (i prepared by Gulf of Maine Reserach 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. Staked angled haybales and a siltation fence 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. Consultant shall closely monitor the site before and during construction. 8. No paving shall occur beyond the end of the proposed cul-de-sac. 9. There shall be no parking between the end of the cul-de-sac and the proposed accessory garage. 10.No work shall take place on automobile outside of the accessory garage. 11.Construction personnel and equipment shall remine on upland side of construction. 12.As-built plans stamped by a Registered Professional Engineer, shall be submitted to the Commission prior to the issuance of a Certificate of Compliance. ....................................................................................................................................................................................... (Leave Space Blank) 5.3A Plans: Tide Dated Signed and Stamped by: On File with: Special Conditions(use additional paper if necessary) kdelrrl , MA- ojqT0 ............................................... ............................... ...................................... ................. ...................... (Leave Space Blwkl 5.3B i • Bao : �9618�°C�64�'— Conservation Commlaeion Signa (s. a � This Order must be signed by a majority of the Conservation Commission. On this 15th day of _h r 1 v 19 3n before me pairs to me known'to be the person descnbed,en and who'executed the foregoing instrument and acknowledged that he/she executed >rnpaa,,m;e' r the e,act and deed. Nl) A�,, =n�falyPublic, ',',,,. My commission expires C pl„;icgif(,Ma otyrfar arty person aggrieved byris Order.any owner of lend abutting Me fend upon which the proposed work fs to b6ppns'or any ten residenb of the city or town in which such,larfd Is located are hereby notified of Meir fight ro request the Department ot.En`viiorimentetOua6ty Enpinsennq to iamte a sucerseding Order.provioln9 Ma request u made by eerSfied mea or hand delivery ro this oeparonent within tan flays from me date of issuance of this Order.A copy of Me request Shall at Ms same time be sent by certified mad of nand dellveryto the Conservation Commission and Me applicant. *Refiled at the Registry of Deeds to reflect appropriate land holdings. r. On this 15th' day. of February 1991, before me personally appeared the above, to me known to be the person described in and who executed the foregoing instrument and acknowledged that he/she executed s the same ashis/her free act (and deed Notary Public M commission expires Detach on dotted line and submit to the prim to commencement of work. ..•^._•••—•T_•..^•_.••• To Issuing Authority Please be advised that the Order of Conditions for the protect a File Number has been recorded at the Registry of and has been noted in the chain of the of the allected property in accordance with General Condition a on . 19— It recorded land. the instrument number which identifies this transachon is If registered and. the document number which identifies this transaction is Apphcant Signature 5.4A 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 free act and deed. Notary Public My commission expires The acaldant.me owner,any person aggrieved by this Superseding Order,any owner of land abutting the land upon which me pro• Posed work is to be done or arty ten persons pursuant to G.L.c.30A.§10A,are hereby notified of their right to request an adjudicatory hearing oursuant to G.L 30A.610.providing the request is made by certified mail or hand delivery to the Department within ten days from the date of ieeuanlpe of the Superseding Order.and is addressed to: Docket Clerk.Office of General Counsel.Department of Environmental Ouakty Engineering,One Winter Street.Boston.MA 02108.A copy of the request shall at the same time be sent by canified mad or hand delivery to the conservatiort commission.the applicant.and arty other perry. A Notice of Claim for an Adjudicatory Hewing Snell comply with me Departments Rules fpr Adjudicatory Proceedings.310 CMR 1.01(6).and snail contain the fallowing mfomraoon: •. _ (a) the OEOE Wetlands file Number,name of the applicant and address of the project: (b) the complete name,address and telephone number of the parry filing the request.and.if represented by counsel.the name and address of the attomey: (c) the names and addresses of all other parties,if known: (d) a clear and concise statemMt 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 Orden . lel a statement that a copy of the request has been sent to the applicant.the conservation commission and each other party of rep• resentative of such parry,if known. Failure to submit all necessary mfonnahon may result in a dismissal by the Department of the Notice of Claim for an Adjudicatory Hewing., Detach on domed 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 title of the affected property in accordance with General Condition 6 on . 19 If recorded Land, the instrument number which identifies this transaction is II registered land, the document number which identifies this transaction is Signature Applicant 5.4B 86 Form 3 OEOE Fla moo. (ToW0r0wd4dey OEOE) C3 C«nmonwealtn G,trta,, Salem ofMassacnusetu David- Colpitts Notice of Intent Underthe Massachusetts Wetlands Protection Act, G.L c.131, §40 and Application for a Department of the Army Permit Pan t GaawW Information 1. Locaft :stroetAddress Clark Avenue Lot Number Sin le Family 2. Project:Typenouse Description Construction of single-famil)z house with attached garage and construction of an accpsGory building. In addition, there will be some grading of the area between the dwelling and the accessory bldg. Asse sor' s Map 3. RegistrTcounty Essex CurrentBookNa &Page Ceniricate(If Registered Lznd) 4. Applicam David Colpitts Tet. 599-1286 Addre= 17 Manning Road, Lynn MA 5. Property Owner City of Salem, under agreement- with Tet. Addres3 applicant e. Reprosentaom Gulf of Maine Research Center Inc. T„t_745-6618 Address 27 Congress Street Salem MA 01970 T. Have [tie Conservation Commission and the OEOE Regional Oftice eecn been sent, by certified mail or hand deflvery, 2 copies of compteted Notice of Intent.with supporting plans and documents? ` Yes No 0 3-( /. 87 8, tiaw a0 obh4rabla f�r►Mta.variances and approvals required by local bylaw been obtained? Yes ❑ No O Obtained: APPlled For Not Applied For 6• b any Pcrom o!the alta eutisct to n Wetland3 Reshicyon Order ptastmM to G.L c 131, §40A or G.L 0.730, 61052 Yes O No ❑ 10*Wt all plans and supporting documents submitted with oils Notice of Intent. IdentYyi ng Number&etter r Title.Date Attachment 1 (Al) Wetlands Report , May, 1988 Plan 1 (P1) Plot Plan, May 1988 11.Check ttno3e resource areas within wtlich work is proposed: (a)KK Buffer Zone (b)wand: O Baa*' O Borde Land eject to Flooding• ring Vegetated Wetland• O BorderingO land Under Water Body Q Waterway ❑ Rotated (c)Coastal- ❑ land Under the Ocean- 0 O 1 Designated Port Area O Coastal Beach• ❑ Coastal Oune O Banter Beach O Coastal&Ink O Rocky Intertldal Shore• ❑ Marsh• O Land Under Salt Pond• ` O Fish Run. ❑ land Containing Shettflsh• 'Ukey to involve U.S. ArMY Corps of Eng,.^^ers concurrent jurisdiction. See General fn3tructfon3 for Compfettng Notice of Intent. 3.2 no CMR: JLMPtnAM"'A Vc a.......a.•.•..•..... ..•.. . IfLffk continued • . 12 Is the wetland resource am to be altered by the proposed work touted on the most recant Estimated Habitat Map Of arty)of ram-state-llstid-vertebrate and Invertebrate animal species occurrences provided to the conservation commission by the Natural Heritage and Endangered Species Program? YES ( ] NO (g] Oate printed Corti ttt a OmatLI Habitat Map Issued NO MAP AVAILABLE ( ] (If any)-- 0 ob tf • It yes, have you completed an Appendix A and a Notice of intent and Ned them along with supporting documentation with the Natural Heritage and Endangered Species Program by certified mall or hared delivery.so that the Program shall he"received Appendix A prior to Oe Bang of this Notice of IntenO YES (' ] NO ( ) ! 3.3 10/16/87 (Effective 11/1/87) 310 CMR - 280.19 -\ Part a site Description J UldIcEts whk•A W tM todowing Intomutlon has been provided (on a plan,in nenaVve desertptlon or ealcLta- dws)to chary.comPletey and&CC ralety describe existing alts condMons. tg NUMC) Ntatter (of Ptah,narrative or caladations) Natural Features: Al Sods Al Vegetaduut Al Pl Topography NA P 1 mOpen waterAoe3 AlA 1 , (fig ponds and takes) NA ----- (6� FkWAV wafer bomm dhp streams and rtvers) PubdC end l7rIvate atrtau:e water and ground water suppdes on or within 100 toot of site P 1 Max t m annual ground water elevaltons with daLas and location of test BOWXbAas of msaace areas Necked render Part 1.Item 11 above Manmade Features: NA Structures(sur-oz as buzongs.Piers.towers znd headwrads) NA —. Ora)nago and flood control facMdes at the site and irrmedWey off the she,includrug NA ctulrnt vert5 and open chaets (with inverts).damn end dkes - N-�------ Subsurface sewa,redisposal systems 7. �1 .P 1 Underground uOtles Al ;P 1 FAwways and parldnpas are Property boundark3..easements and rights-of-'ray 'Other Part Ut:Work Description Indicate which of the(000w ng information has been provided(on a P(zl.in nar adve description or Cafcula- dma)to c!earty.eompfetey and accuratey describe work Proposed within each of the resource zrers - checked in Part 1.Item 11 above. Ident!(yktg . NtrnberA.after (of Plan.narraflve Orczfakatlons) , Plarrvlew and Goss Section of. Al .P 1 Stnrcares(such as buildings. viers,towers end headwraa ) NA Drainage and nvodconaoffacMUes. ' rt . dtrd5'tg adverb and open channels(with inverts). darns and tikes Al Subsurface sews disposal � aysYenu a undergrotrtdutffitfes N– —_ FMIng.dredging and excavating.indleaMig volume and ccmposl ion of materfal Compensatory storage areas,where required in accordznce with Part M.Section 10:57 (4)of the regutatfona Other 4 Point Source 01scharge Description of charac:eristiu of discharge from point source (both cfdsed and open ehanneq.when point of discharge tafla within resource area checked under Part 1•item 1 1 &Dove.as supported by standard engineering ralcutations. data and plans- including but not torted to the fonowing: 3.3 89 1. Do&uKtion of the drid nada area contrt w9no to the point of uIIsctmnpe: 2. Pre'-and post•d•vabpment peak na _Cff from the drahao• point of area.at the ar 10-yearand 100-yefr�epuen y atmm; fie•to at least the 3. Pre•and post-development rata of inabalion cont Zugno to the resource arca chocked Wa Part 1.item 11 above: �• Es*nWOd water Cuality Characteristics of txe-and Post-development runoff at the point of dlScharoe. Part IV:Mitigating Measures - t. clearly,comptetety and acaaatety descWe.with reference to supporting ptans and caiculations where necessary. (e) Alf mertu and design;proposed to meet the Parlonmrice standanb set forth under each re. 4OUnm ansa specified in Part 11 or Part III of the regrtatior;•or . ( ] Why the preslanP5On3 net forth under each resonsh:e area spectned to Part ll or Part M of the repufr COC;do not acpty. ❑ Coon Aeaou�a Ar"Tye- . ❑ t+.a is—ttYtr4 nraoar or renm of xr000n eoc t2 ❑ Couy W asst*Nee Type: ❑ &gww _ w'x.we.or Ntir Of:',✓Port doC n r n 3-4 •� O caeor 0 rdrnd of.ucvondoaua.nar 2• CWaM.ccmP"fy and aa,rratety de=tbe,with reference to supporting Comms and cacutadons where necessary. (a) a0 measures and des'Gns to regulate work within the Buffer Zone so as to enure thz:szid wcrk Cres rat alter anarea specified in Pant.SecSon 10.02(1)(a)of these regulations;or (b) it work in the ButferZone 1O attersuch an area.all measures and designs proposed to meet l VW performance standards esfabGshed for the ad)acent resource area specified to Pzrt tl or J Part Ql of those reg Aiftm 17 C=Awl tmCamem�k�a7)7e8orOmv�OBy7ol}Faot Inmmr a.mey.,pnuyp.rorreaa )n b&Ad Bordering Vegetated Wet al nd a==Onaccurwnb Alteration of buffer zone is requested for1 P1 construction of a single-family house with attached garage, and for construction of a separate storage garage. In addition, some grading is requested to provide access from the house to the •storage garage. Staked haybales and Mirafi fabric will be placed immediately downgradient of construction to prevent siltation of Bordering Vegetated Wetlands. Haybales will remain in place throughout construction and until area is stabilized by vegetation. Haybales will' be periodically inspected and maintained, and replaced as necessary. Construction personnel will 4keep equipment and supplies outside the resource area Furthermore, sod will be used to stabilize the slope southwest of the house. J-5 91 Put V:Additlonal lrilormallon for a Department of the Army Penalf I. COE Appacatlon No. 2 ' (to be provided by COE) (Name of waterway) 3. Names and addresses of property owner ad(oining your property. Spence 11 Lincoln Avenue Lynn, MA 01903 Ruth Motejunas 50 Western Avenue Lynn, MA 01902 Barbara Seckar Wyman Street Salem, MA 01970 a. Ocamuent other project altemadn3 p.e.,otnerlocatfpns anworeonstuetlon nethods,pardcuLAy L1ose : Mat would elimtrnte the dhcharpeof dredged or til rnaterial into waters Of wetlands). 5. 8%a'.x 11-drawings in PWwfew and cr=-secton,showing tf:e resource area and the Proposed ac5v. flywUhst the resource area.brawinCs must be to scale 2nd shored be c e2r.enough'cr rhotcrpying- Cerdr=n 6 ml;lzed :c11 ire a=n d"Izzr F—J r=r. Cil ye!ae :t--- Fe�f--zj perry can be wLT-_4 Coli—tips m y be cbMu b/= =Q ?'e [;i.scn d L1 z er 1kc5f= Ccr r 1 Wnw Sna Bamm Mzzam]seus 02X)8. VWWJe t)fe aci vvia=ke pine vAil-ft zMa tYtt:er.the AAana&xsets 2LCxed C=:&Zone ftgarn.re .1 r A ; I cnim that hs p1>:csed am,%�V C= fes wcl and wt7U be oax'Ajc:ec n a mx nw aiat 's cx6iSWX M,m, t e ZMDed ppsr, k and o pavijed v-"H be used i1 e+21;.-Wg Q'E a=1CcDcn for a Mr.U' and 6 rrade a matmr cf pjt:fc record through fssuzrce d a p l;6: notce Dsc'..tore of s rlcrnaXn s vcLntily. .`one er d ..-4ces;ear rdarn'tim 6 nct do-ee 7]e zuieMon cantor be pccewed ror can a perrtu be 6sued. I hereby cef"fy under Phos.Ooeurrr]enand�palma and Penaftes d der,'uy that the fcregoing NOCCe Of intent zr]d 2ccornpanying ung data are true and domWete, to the best of my knowledge. . r S'g11aIIre of AppGCar]: Oate ' W ,� s0uhre of ApptFcant•s ReWesentattm ' Date NED FORM 100 (TEST)-r...r.l.e .. two r... 4s" .....,.. ►r avuswtr. s r.r IK] 1 MAY 82 T. d....«. ........ . p.. o......... .1 ... ...r ..� s.... .! Y...«....... ...1....1.. L. . H..1. a ««. .. Mb.. «.mu.. .. V.ww /1.... ..u... n. d Y......... ... G.".. I014 .« w .♦w. .! . OY\ ......... . 3.6 ' RICHARD L. VITALI Attorney at Law 60 ANDREW STREET LYNN, MASSACHUSETTS 01901 pR ® (617) 599-6480 Fax (617) 599-7955f��r/,,p 9 �rll �E/DF April 15, 1992 William E. Luster, City 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, / �� ICHARD VITALI, ESQUIRE /keg Enclosure PC: Assistant City Solicitor Femino Mr. and Mrs. Colpitts w ASSOCIATES,INC. March 24, 1992 Geotechnical Engineers Mr. .David Colpitts Y.O. Box 8123 Lynn, MA 01904 Attention: Mr. David Colpitts Reference: Clark Avenue; Salem, Massachusetts Stability of Existing Slope Gentlemen: In accordance with your recent request, we have completed our assessment of the existingslope- located along the south side of vacant lots numbers 4 g 0 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. 30 Norfolk Street Cambridge,Massachusetts 02139 61718681420 617/868-1423 (Fax) Mr. David Colpitts ASSCGCIATES,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 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 f Mr. David Colpitts ASSOCIATES,INC. March 24, 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. RECOMMENDATIONS 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 ASS-OOCCIATTES, INC. 1(/l�41011, Ambrose J. Donovan, P.E. AJD/jrm 2438 Ory, �z <.�Vi1�C1'Vdt1�I1 em 7, Salem. Massachusetts 01970 F rt, "" nsss CITY OF SALEM CONSERVATION COMMISSION Will give a continued 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 home within a wetland buffer zone . The hearing will be held on Thursday, July 14, 1988, at 7: 30 p .m. , One Salem Green, second floor conference room. Philip Moran Chairman July 7 , 1988 Thie notice posted on "Official Bulletin / at G A � Board" Mass - on City Hall Ave. , Salin, accorda ce witf� Chap. 626 . Sl:�? of the Aote of 1958. 13 � �� ylzel (ea 70 a/'5=' S. RUSSELL SYLVA 01 enuPp2'I C!/Vixwvv e/!/LCII! AUu �. ._ 935-2160 DATE: TCWN:— SALEM G �1n ASSIGNED FILE NO: 6v- / 67 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:_ Or,.vrJ C'�(pA .. OWNER OF LAND: Cr�✓ '. � �e � PROJECT LOCATION: LIT: PROJECT REVIEW ( ) 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 REVIEW ( ) Project may require a Chapter 91 License-Project has been referred to Waterways. ( yYPreliminary 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 tru1 you , Sabin M. Lord, Jr. , Deputy Regional Environmental Engineer cc: Conservation Commission, RICHARD L. VITALI Attorney at Law 60 ANDREW STREET LYNN, MASSACHUSETTS 01901 (617) 599-6450 Fax (617) 599-7955 October 18, 1991 William E. Luster, City Planner Planning Department One Salem Green Salem, Massachusetts 01970 RE: COLPITTS/CLARK AVENUE Dear Mr. Luster: I now represent David and Paula Colpitts in connection with the matter of Clark Avenue. Recently, I spoke with Assistant City Solicitor Leonard Femino at a conference of town counsels and city solicitors. In our discussion, I indicated my clients willingness to seek to move forward and to resolve matters relating to Clark Avenue. Attorney Femino also had similar feelings and expressed them again in a subsequent telephone conversation I had with him. Attorney Femino suggested I write to you to see if I could meet with you and Attorney Femino to address the pending issues. I am sure that if all parties review the situation, positive developments will occur. Please let me know when you would be available and I will be there at your convenience. Thank you. Very truly yours , /rytG iz< C ARD L. VITALI , ESQUIRE RLV/el cc: Assistant City Solicitor Femino Mr. and Mrs. Colpitts I( _e Q rte, vv�/ ien l.� ny -i"�T' L' l: L.. { oO C I n21 1997 .�.{:,r :..: G. CITY OF SALEM, MASSACHUSETTS PLANNING DEPARTMENT WILLIAM E. LUSTER v ONE SALEM GREEN City Planner r 01970 (508) 745-9595, EXT. 311 FAX (508) 744-5918 TO: BETSY HORNE, CONSERVATION COMMISSION CHAIRPERSON FROM: BILL LUSTER, CITY PLANNER RE: CLARK AVENUE DATE: MARCH 19, 1992 ------------------------------------------------------------------- Enclosed for your information is a ' copy of a list of events which occurred on Clark Avenue dated March 1987 through May 1991 . Richard Vitali , Attorney representing David Colpitts, and Assistant City Solicitor , Len Femino, met with me at my office on Wednesday, February 26, 1992 to discuss the events surrounding the Colpitts ' issue and that in order for him to begin an effective resolution to his clients case that he should meet with the Conservation Commission at a regularly scheduled meeting. I have instructed Attorney Vitali that any conversations toward a resolution of the Colpitts ' issue should be made with the Conservation Commission. If there is anything that I can do to assist the Conservation Commission with this issue, please do not hesitate to contact me at 745-9595 ext . 311 . EX\DH\BETSMEMO . r CLARK AVENUE SALEM, MASSACHUSETTS DATE OCCURRENCE March 26, 1987 City Auction Lot 40 Map 2 Clark Avenue, containing 58, 022 square feet. Unusable "as is. " City required roadway 400 feet. Sewer, water and utilities to Lot subject to City approvals. *See City sale requirements March 26, 1987 . August 28 , 1987 City was given and accepted bank check #693448 for $5, 000. 00 as deposit on Lot 40, Clark Avenue. October 6, 1987 Executed original P&S Agreement with Mayor Salvos' signature. *See Addendum to P&S--City stipulates as requirement of sale for roadway and utilities to be brought 400 feet to Lot at buyers expense. See Auction Sale Requirement also. March 26, 1987. P&S Addendum states sale was subject to all necessary approvals from Conservation Commission and all other approvals from City for construction of roadway. October 28, 1987 City obtained Land Court Decree to sell property. December, 1987 Engineer retained by Colpitts to do preliminary topos and engineering of site. March, 1987 Dr. Don Kent, PHD (environmental specialist) performed conservation survey under barron winter conditions. April 12 , 1988 Dr. Don Kent filed Conservation Application with Landmark Plan showing Dr. Kent's winter flagging to build roadway. May 12, 1988 Conservation Board approves extension of Clark Avenue. Plan dated March, 1988 . May 24 , 1988 Dr. Don Kent filed Notice of Intent for Lot 40 map (city lot) for construction single family (80 feet long) and equally large 40 X 28 accessary building. Same winter flagging was used for filing. Late May, 1988 Dr. Don Kent revisited site and "re-dilineates June, 1988 flagging based on summer vegitation that was then clearly evident. CLARK AVENUE SALEM, MASSACHUSETTS DATE OCCURRENCE June 2 , 1988 Preliminary Planning Board meeting for roadway to Lot 40 (City lot) . June 9, 1988 City Solicitor O'Brien requested favorable action from Conservation Committee to allow City lot to sell. *See letter Dated June 9, 1988 July 14 , 1988 Conservation approvals for City lot. *Note May 12 , 1988 Conservation Board approved roadway extension. July 21, 1988 Engineer produced Mylar and Prints of Definitive Plan (roadway) . July 28 , 1988 Planning Board approved Definitive Roadway Plan. September 16, 1988 City deed to Colpitts recorded with wrong sale conditions Committee's report dated May 22 , 1986. October 25, 1988 Engineer layout center based off sets, hydrant and grades, manhole and utility center basis. On site for construction. November 15, 1988 Layout of center line of road and grade and & November 16, 1988 drain easement.* November 30, 1988 Road grades placed by Engineer again. December 1, 1988 Road grade placed for paving purposes. December 20, 1988 New pavement placed as of this date (on road) . Engineer revisited site to mark layout and base line on new pavement. Late Summer 1989 Clerk of Work and Planning Department contacted Colpitts' Attorney Vallis and requested that the *drain easement was to be extended approximately 100 feet further. This opinion was expressed to improve and compliment the project. Therefore the work area was extended that 100 feet when Colpitts agreed to meet City Clerk's request. December 7, 1989 City corrected deed again re: City lot. December 28, 1989 Partial release of restriction in deed. Mayor Salvos December 28, 1989. CLARK AVENUE SALEM, MASSACHUSETTS DATE OCCURRENCE January 26, 1990 Third corrected deed City lot. June 21, 1990 Obtained Building Permit for Lot 40. 693 , 000 for construction of house. Late Summer 1990 Received clean fill from Deer Island. to Fall 1990 August, 1990 Received bill from City for eight hours of City supervision of site. August 20, 1990 to Specs. on Deer Island material obtained. September 10, 1988 January, 1991 City receives complaint about trucks on road at 4 : 00 a.m. Saturday morning. Trucks were there with Colpitts knowledge and consent. *City reacts with conservation investigation same time frame. March 6, 1991 Conservation issues enforcement order to cease activity and stabilize slopes. *Note Haybales are in place and Colpitts installed conservation fence. April 11, 1991 City Council approved new deed with help of "good will" from Bill Luster at City Council meeting. April 25, 1991 & As Built Site Plan. Dr. Don Kent's letter May 6, 1991 to Conservation Board (letter site in accordance to filing) . May 23 , 1991 Conservation enforcement order to remove fill from all areas in spite of several meetings attended by Colpitts and his environmental specialist to resolve matters. May 25, 1991 Jack Kielty's Appeal DEQE May 6, 1991 Dr. Don Kent's letter to Conservation Commission attests that limits of activity as indicated on as built plan of April 25, 1991 correspond with his wetland line as modified by his second flagging in 1988. *Note Accounts of City contractors dumping debris in Conservation enforcement ordered fill removal areas. CLARK AVENUE SALEM, MASSACHUSETTS DATE OCCURRENCE 1988, 1989, 1990 Topos are profiled on Plan from Ralph Reid Dated April 30, 1991. From data it is obvious that fill has been over long periods of time. Deer Island material was used only as cover material not construction base material. Site picture of November 1989 attest to the extent of the site area while under City supervision prior to last house built. The test of time has added to stability of site. '60 cl 71 hctc-') L L kAl (�6/ -rte , D IC,7L Xl Ti "Pv %1�7%' -7L, 11-L-P 7'0 1 , 0 C, / &aj ra,1,11 17 V& nil cv// V� 'm L k) Pe bvl)d111l V61V_ (Illel A-1 - � rye''•'+ ,x RALPH '- 'S. CRO SS SECT/O N/ WILLIAM �t R1ft, 22 IAI 1 .4Ei0 C 9.VV J'uR vEYORS 365 Sr 4VAW SCAc6 .9S Nosc;a S/9/9/ I I CLARK AVi i A,di.'/ 20, ,99/ S.,rvoy aid , by G�tndn avm Cn . 9,weer.n9 ,n /baJ. ei /988 140— pRoposEo 2nd 'Oec 1989. TYPc of f.$) ,mJ%catwi 130 13 JLasren LCOGG /ZO MAY 90 \ ,` �' OEC a9 \ N, waren ,il 2 o + n Iry 2+a Scale Har 1" ' 2oI Ver ., , 3 , $ EC r/oN q - A kUN Colt,te {i Conservation Commission A Rs Sal -m. Massachusetts 01970 CONSERVATION COMMISSION MINUTES OF MEETING APRIL 28, 1988 A regular meeting of the Salem Conservation Commission was held on April 28, 1988 at One Salem Green, second floor conference room. In attendance were: Chairman, Philip Moran, Fred Harney, Martha Hogan, Bob Crowley, Student Intern, Darren Eng, and Staff Advisor, Rebecca Curran. Mr. Moran called the meeting to order at 7:30 p.m. 441 Lafayette Street - Decision A Public Hearing was held on.Ap"ril 14, 1988 for Mr. Larry Green's proposed construction of a dock, which will run parallel to Lafayette Street. The Public Nearing was closed and a decision was to be made after a site visit which took place on April 18, 1988. Mr. Moran read a letter from Ward Seven Councillor Blair, questioning if the applicant is required to have his plans certified by an engineer. Mr. Moran reponded, that it is his opinion, that the plans do not need to be certified. The general conditions along with the following Special Order of Conditions were adopted: 1 . All work is to conform with submitted plans. 2. All work is to take place on Landward side. 3. No filling is to be performed to accomodate this project. Mr. Crowley made a motion to adopt the Order of- Conditions, Ms. Hogan seconded the motion, and the Commission was unaminously in favor. 25 Pierce Road - Continued Public Hearing This Public Hearing was continued from the April 14th meeting because the applicant was requested to submit new plans, with a change in the driveway' s position and size and with the buffer zone more clearly outlined. Ms. Curran stated that she had spoke with the Salem Fire Chief, who informed her that the required width of the driveway for fire access 20' . Mr. Moran questioned the portion of the house that will be in the buffer zone and Mr. Talzone, an engineer for Mr. Smith stated that it was 20' into the buffer. Mr. Moran further questioned the distance from the applicant' s abutter, Mr. Dumas. Mr. Talzone replied that it was 30' which is the minimum required set back for an R1 zone. Mr. Moran stated that the Commission must protect the salt marsh for it is a significant area for wildlife and productivity. Ms. Driscoll, attorney for the applicant, stated that the run-off from the proposed construction will be minimal, therefore will not harm the salt marshes. Mr. Smith added that he would be willing to use gutters and run the water into a dry well in order to prevent excess drainage into the salt marshes. Mr. Harney questioned why the driveway still is not positioned completely on the applicant' s property. Mr. Smith responded that he is willing to change the position so that it will be located on his land. He thought the positioning presented tonight was what the Commission had asked for. Mr. Moran opened the meeting to all in favor of the applicant' s proposed construction. There being no one in favor, Mr. Moran asked if any one would like to speak in opposition. Mr. Bob Mackey of Buchanan Road questioned the hard top that will be used for the driveway, and he felt the run—off will drain into grass area to the left of the lampost. Mr. Moran replied that Mr. Smith has agreed to use lynnpac, which is a pervious material. Dr. Hugh Mulligan of Gulf of Maine Research stated that the Commission should be cautious of activities in that buffer zone and further added that the Wetlands Protection Act requires the Commission to protect resource areas such as this. Mr. Randall Weiting of 14 Buchanan Road submitted pictures to the Commission of Mr. Smith' s property and stated that the applicant has never planted anything other than grass to enhance his property. Mr. Moran responded that this was not a Conservation Commission issue. Ms. Georgette Stafford of 12 Buchanan Road questioned the Commission regarding the extended driveway and further asked if the Commission had any plans of purchasing land around this area and also asked if it is true that the Wetland Protection Act is increasing- the buffer zone to two hundred feet. Mr. Gene Morin of Leach Street stated that it is his opinion that the proposed construction of a house will have a negative impact on the wetlands, specifically, the wildlife. Mr. Bob Mackey asked if this project is approved, will this allow other developers to build in the area. Mr. Moran replied that any one that owns property has the right to build, if approved by the Boards and that each case is reviewed separately. Ms. Carey Fladger of Cleveland Road Extension stated her concern for the children of the area. Ms. Loretta Weiting of 14 Buchanan Road stated that she felt the plans were poorly presented and that the marsh area has still not clearly been defined. 2 Upon the motion of Mr. Harney and the second of Ms. Hogan the Commssion voted to continue the Public Hearing until May 12th, in order that another site visit can be taken. The Commission requested of the applicant that a new map be submitted with clearly defined wetlands. For the site visit, the top of the bank should be flagged and the buffer zone, driveway and house should be staked out. The Commission further reqested of Ms. Driscoll to document a legal opinion as to any adverse effect on salt marshes due to the proposed construction. The Commission will be taking a site visit on May 5, 1988 at 7:00 p.m. Salem State College — Decision A site visit was taken on April 30, 1988 at the proposed construction of townhouses and parking at Salem State College South Campus. The Commission determined that most of the parking lot is located in the buffer zone and many individual lots will be positioned as close as 25 feet from the wetlands. Ms. Hogan stated her concern that it will cut off access and parking for the Conservation Trail. Mr. Crowley added that he strongly disagrees to the parking located in a buffer zone. Ms. Hogan made a motion to deny the application of Salem State College and Mr. Crowley seconded the motion. The Commission was unaminously in favor. Clark Avenue Extension — Public Hearing Mr. David Colpitts was present to discuss the proposal which involves the extension of Clark Avenue approximately 420' to provide vehicular access and utilities to four single family house lots. A portion of the road, 2,725 square feet, is proposed to be constructed within a wetland buffer zone. Mr. Don Kent of Gulf of Maine Research was present to discuss the proposed plan of extending the roadway and sidewalk 420 feet, which is presently a paper road. The area consists of delineated wetlands, an intermittent stream with bordering vegetated wetlands and is needed for a sewer system. Mr. Kent further added that no work is proposed in the buffer zone and hay will be used for protection. Ms. Curran questioned if granite curbing will be used and Mr. Colpitts responded in the affirmative because the house lots will be close to the sewer system. Mr. Harney made a motion to continue th Public Hearing until a site visit can be taken, Mr. Crowley seconded the motion and the Commission was unaminously in favor. A site visit will be taken on May 5, 1988 at 6:30 p.m. Palmer Cove Yacht Club — Public Hearing Mr. Bob Levesque was present to discuss the proposal of an extension to the marina which will include 32 slips accomodation oak pilings . He further added that they have already received a permit from the Corp. of Engineers and DEQE. Ms. Curran asked if the marina and club is rented space and Mr. Leveque answered in the positive, stating that they rent the property through the City. Mr. Harney questioned the life span of oak pilings and Mr. Levesque responded that they last long mainly because they are capped with plastic to protect them from the sun. Mr. Crowley questioned the depth of water in the new area and Mr. Leveque responded that it is eight feet at low tide. Mr. Moran questioned if the Harbor Master and the Waterways Advisory Board had been informed and further asked when they would start driving the pilings. Mr. Levesque responded that the two have not been formally informed and that the floats still need to be ordered and they expect to begin this summer. After there being no further discussion, Mr. Moran opened the meeting to all in favor of the applicant' s proposal. The following Officers of the Palmer Cove Yacht Club were in favor: Clifford Pooler Phil Pecukonis Paul Rafferty Vaughn Dariase Mr. Crowely made a motion to close the Public Hearing, Ms. Hogan seconded the motion, the Public Hearing was closed. Mr. Crowley made a motion to approve the proposed expansion and issue an Order of Conditions at the next meeting. Ms. Hogan seconded the motion and the Commission was unaminously in favor. Old/New Business Mr. Moran informed the Commission that he received a letter from the Mayor's Aide, Mr. Toomey, regarding the dumping on Memorial Road. Mr. Moran continued that the Commission was aware of this violation and had previously issued a Cease and Desist to the owner of the property, Mr. Cardella. Mr. Moran received another letter from Mr. Toomey regarding the dumping on Parlee Street. The Commission was aware of this and Ms. Curran will take a site visit tommorrow to check on the status. 'I Ms. Curran informed the Commission that she had issued a Cease and Desist to Mr. Corso, owner of Sweeney' s Auto Body Shop on Swampscott Road. Mr. Corso has not responded and continues dumping fill in the area after receiving the Order. Ms. Curran has notified DEQE and requested that they implement enforcement on this issue. Ms. Curran informed the Commission that she had spoken with Mr. DeIulis and he stated that he felt he had conformed with the Commissions Order of Conditions. Ms. Curran willmeet with Mr. DeIulis at the site this week. Ms. Curran stated that the Fafard Property on Highland Avenue, had been issued a Cease and Desist by the Commission. DEQE was informed of this and since that time issued the Fafard Company a Cease and Desist and have fined them for the violation. Ms. Curran will send Mr. Toomey a letter regarding the status on these violations. Mr. Crowley made a motion to approve the minutes of the April 14, 1988 meeting and Ms. Hogan seconded the motion, all were in favor, motion so carried. Mr. Crowley made a motion to adjourn the meeting, Ms. Hogan seconded the motion and the Commission was unaminously in favor. The meeting adjourned at 9:00 p.m. Respectfully submitted, "All Susan M. Cosman S216 CONSERVATION COMMISSION MINUTES OF MEETING MAY 12, 1988 A regular meeting of the Conservation Commission was held on May 12, 1988 at One Salem Green, second floor conference room. In attendance were Chairman Philip Moran, Martha Hogan, Harry Takis, Bob Crowley, John Doyle, Fred Harney, Student Intern. Darren Eng, and Staff Advisor, Rebecca Curran. Mr. Moran called the meeting to order at 7:30 p.m. Public Hearin - D.P.W. Maintenance - Highland Avenue Mr. George Whittie, the City Engineer, was present to discuss the proposed removal of debris and limbs from a stream bed on Highland Avenue, across from Swampscott Road. Mr. Whittie had been contacted by the neighbors, who are concerned about the mosquito and muskrat problem due to the debris blocking the water flow. Mr. Moran questioned if dredging would be needed and if any existing growth would be removed. Mr. Whittie responded in the negative. Mr. Moran further questioned if the area is Conservation land and Mr. Whittie responded in the affirmative. Mr. Gene Morin of Leach Street questioned if this stream flows into the Forest River. Mr. Whittle responded in the affirmative and stated that it will not increase the water level. Mr. Moran added that once the culvert is replaced by the State DPW the water flow will resume as it was before the culvert had been crushed. There being no further discussion, Mr. Takis made a motion to close the Public Hearing. Mr. Crowley seconded the motion and the Commission was unanimously in favor. Mr. Takis made a motion to grant the Department of Public Works request and to issue an Order of Conditions at the next meeting. Mr. Doyle seconded the motion and all were in favor. Continued Public Hearing - Pierce Road A site visit on Pierce Road was taken by the Commission on May 7, 1988. At which time the applicant, Mr. Smith, had flagged the buffer zone and staked out the house and driveway, as the Commission had requested. Attorney Martha Driscoll submitted the revised plan, which includes changing the position of the driveway and the house. A small portion of the proposed driveway still remains in the buffer zone. Ms. Driscoll further added that the driveway will be constructed of lynnpac and therefore will remain a pervious surface. Ms. Driscoll submitted a report from The Lelito Environmental Consultants and a report from herself. Both wetland impact reports determined no adverse affect. Ms. Curran questioned if the revised plan displays what had been staked out on the site visit. Ms. Driscoll answered in the affirmative. Mr. Moran opened the meeting to the public. Attorney Harvey Berg, representing the Weitings, who are abutters in opposition to the proposed plans. He stated that the acceptance of this proposal will result in other homes constructed in the area, which will eventually result in the encroachment of the wetland area. He further requested that the Commission take note of the beauty of this area and preserve it. Mr. Bob Mackey of Buchanan Road stated to the Commission that he is opposed to the applicant ' s proposal. An abutter to Mr. Smith asked if the lamposts and installation went through the Conservation Commission can be moved from the buffer zone. Mr. Smith answered that he would move them if the Commission requested. The abutter also requested that the Commission order the applicant not to cut the grass in that area. Mr. Bob Mackey of Buchanan Road asked the Comission who owns the land to the right of the property. Mr. Moran responded that the City of Salem owns that land. There being no futher comment from the public, Mr. Doyle made a motion to close the Public Hearing. Mr. Crowley seconded the motion and the Commission was unanimously in favor Mr. Takis suggested that the Commission turn the proposal over to DEQE, and Mr. Moran responded that if that happens, then the Commission will lose control. Mr. Takis and Mr. Doyle both stated their opposition to the proposal because of the encroachment on the wetland. Mr. Crowley stated that he is not opposed to the plans, but would be opposed to any further construction in the area. Mr. Harney and Ms. Hogan stated that they are opposed becuase of the encroachment in the buffer during construction. Mr. Takis made a motion to deny Mr. Smith's proposed construction of a house on Pierce Road and Mr. Doyle seconded the motion. The Commission denied the application 5-1 . Continued Public Hearing - Clark Avenue Mr. Don Kent, an architect representing Mr. David Colpitts, was present to discuss the proposed extension of Clark Avenue for the purpose of accessing 4 new house lots. Mr. Kent stated that there will be no impact to the wetlands, and hay bales and a fence will be used during construction to protect the wetlands. Mr. Takis questioned if salt would be used on the extension and Mr. Kent responded that they will not be using it, but eventually the City will most likely salt the street. Mr. Moran asked the size of each lot and Mr. Kent responded that each lot consists of 15,000 square feet. Mr. Takis questioned if the proposal involves single family dwellings and Mr. Kent answered in the affirmative. Mr. Moran asked if there would be curbing around the cul—de—sac and Mr. Kent responded that the Planning Board ordered that a granite curb be placed around the cul—de—sac. Mr. Moran opened the meeting to the public. Mr. Nick Fiore, of Clark Avenue, spoke in favor of the proposed development and stated that it would enhance the value of the surrounding property. Mr. LeBlanc, of Clark Street, spoke in opposition of the proposed construction because of the effect on the wildlife in that area. Mr. Kent stated that there will be no filling in the wetland, therefor it will have no impact on the wildlife. There being no further discussion, Mr. Doyle made a motion to close the Public Hearing, Ms. Hogan seconded the motion and the Commission was unanimously in favor. Mr. Takis stated his opposition to the proposed construction because of the infringement to the wetland. Mr. Doyle made a motion to grant the applicants proposal and to issue an Order of Conditions at the next meeting and Ms: Hogan seconded the motion. The Commission approved the proposal 5-1 . Violations A Cease and Desist was issued to Mr. Nick Fiore for dumping in a wetland area on Wyman Avenue. Mr. Fiore stated that he was not aware that the area was a wetland and further added that it was his neighbor, Mr. Malone that dumped fill in the area. The Commission decided to take a site visit with Mr. Malone and Mr. Fiore on Monday, May 16, at 6:30 p.m. A Cease and Desist had been issued to Mr. Frederick Cardella at 63 Memorial Drive for the dumping of fill in a wetland area. 8 Mr. Cardella was present to inform the Commission that he filled in the area to level off his property and plans to plant grass there. Mr. Moran stated to Mr. Cardella that he is violating the Wetlands Protection Act by dumping fill in a salt marsh. Ms. Lori Driscoll of 61 Memorial Drive stated her opposition to the dumping by Mr. Cardella. A site visit will be taken on Monday, May 16, at 7: 15 p.m. Discussion - Dedication of Land on Swampscott Road Ms. Curran informed the Commission that the land on Swampscott Road had been donated to the Conservation Commission by Mr. Ebbershoff. She stated that she had spoke to the City Solicitor, Lenny Femino, and he informed her that the Commission needs to send a letter to City Council requesting approval. Once the donation has been approved, the deed of ownership can be transfered. Mr. Takis made a motion to proceed with a request to Council, Mr. Doyle seconded the motion, and the Commission was unanimously in favor. Order of Conditions - Palmer Cove Yacht Club Upon the motion of Mr. Takis and the second of Ms. Hogan, the following conditions will be included in the Order of Conditions issued to the Palmer Cove Yacht Club: 1 . AL1 work is to conform with submitted plans. 2. The pilings are not to be chemically treated. 3. Any changes in plans shall be submitted to the Conservation Commission prior to any action. Marblehead/Salem Land Acquisition A joint effort with the Marblehead Conservation Commission in attempting to purchase the remaining land along the Forest River Estuary. The land area encompasses approximately thirty acres - 60% in Salem and 40% is in Marblehead. The two comprehensive appraisals have just been completed and indicate that the cost of the total purchase would be approximately $6,000,000. Ms. Curran informed the Commission that the Town of Marblehead recently voted a bond to purchase contingent upon a 2� overide at the June 13th town meeting. Ms. Curran further added that Gerard Kavanaugh, the City Planner is reviewing the appraisal of the area. Ms Curran stressed the importance of the Commission's support of the land acquisition. Mr. Moran stated that the Commission will need to lobby with the City Council, for it is a large sum of money. He further stated that Councillor Mark Blair is in favor of the land acquisition. Old/New Business Mr. Moran informed the Commission that Attorney John Vallis was voted by City Council 10-1 to be a regular member of the Conservation Commission. Mr. Takis stated that a letter should be written to the Board of Appeals conveying our disapproval that a variance was issued to Mr. Colpitts of Clark Avenue before an approval of the Conservation Commission was granted. Mr. Moran informed the Commission that DEQE is now involved at Mr. Ferris' s property on Franklin Street, who continues leave cars in a wetland area. Ms. Curran stated that she could not find the dumping in a wetland at Rosie' s Pond. Councillor Blair informed of the area and stated that there are carts, tires, and junk dumped here. Ms. Curran will take another site visit this week. Mr. Harney stated that Mr. Corso' s property on Swampscott Road continues to have trucks dump demolition material in the area although a Cease and Desist had been issued. Mr. Moran informed the Commission that DEQE had been notified and Mr. Corso could be fined up to $25,000. Mr. Moran futher stated that he has notified the City Solicitor, Mike O'Brien, who is currenty writing a legal complaint to Mr. Corso. Mr. Harney questioned the cars dumped on the land owned by Exta Space on Highland Avenue. Ms Curran responded that they plan on having the cars removed from the area. Ms. Hogan questioned if the the entrance to the Nature Trail will be cleaned before the holiday weekend. Ms. Curran responded that the prisoners will be cleaning the area on Tuesday. Ms. Curran informed the Commission that Salem State College needs a letter explaining the reasons for denial of the application. The following reasons were voted by the Commission: 1. The parking lot was located in the buffer zone. 2. The access route to the townhouses was located in Conservation land. 3. Access for the construction vehicles would encroach upon the wetlands. The following reasons were voted upon as a ,result of the Pierce Road denial by the Commission: 1. The driveway was located in the buffer zone. 2. Construction would require massive encroachment in the buffer zone. Mr. Moran amended two items on the April 28th minutes of the meeting, that were not clearly written. Mr. Takis made a motion to approve the minutes with the above amendments and Mr. Doyle seconded the motion. The Commission were all in favor. 10 There being no further business, Mr. Doyle mad a motion to adjourn the meetin, Mr. Takis seconded the motion and the Commission was unanimously in favor. The meeting adjourned at 9:30 p.m. Respectfully submitted Susan M. Cosman 5218 II CONSERVATION COMMISSION MINUTES OF MEETING (AS AMENDED) MAY 26, 1988 A regular meeting of the Salem Conservation Commission was held on May 26, 1988 at One Salem Green, second floor conference room. In attendance were Chairman Philip Moran, Fred Harney, Harry Takis, Martha Hogan, Bob Crowley, John Vallis , John Doyle, and Staff Advisor Rebecca Curran. The meeting was called to order at 7:35 p.m. Old/New Business Mr. Peter Tracy of 273 Sunset Road was present to discuss the proposed construction of a dormer to his present residence. He submitted the plans to the members and needs the Commission's approval before a building permit can be issued. Mr. Tracy stated that he plans to extend the first floor wall and the addition to the second floor will include a bedroom and bathroom. He further added that the dormer will face the East side near Forest River. Mr. Takis questioned if the proposed dormer will be within the buffer zone. Ms. Curran responded that she has taken a site visit and that the change to the second floor is within 100 feet, but the foundation will not be changing. Mr. Takis made a motion for a negative determination, Ms. Hogan seconded the motion and the Commission was unanimously in favor. Discussion - Salem Shoe Factory Mr. Gus Sherry, an engineer for Hancock Survey, was present to discuss the proposed demolition of The Salem Shoe Factory and the construction of condominiums. Mr. Sherry stated that they will be requesting a determination of applicability from the Commission because the proposed construction is within 100 feet of a coastal bank, which is East of the North River. Mr. Takis asked how far the proposed condominium development will be from the buffer zone, and Mr. Sherry responded that it will be appoximately 50 to 60 feet within the buffer. Mr. Sherry stated that the buffer zone protects the coastal bank and that construction will not disturb the resource area that is located on the opposite side of the tracks. Ms. Curran asked if the by-pass will result in the removal of the railroad tracks and Mr. Sherry responded in the affirmative, and added that it will not effect the condominium development. Mr. Moran stated that the applicant will need to file a Notice of Intent because the construction will be within the buffer zone. Ms. Curran stated that they can apply for the Notice by May 31 , and will be on the Conservation Commission' s agenda for May 9, 1988. 01d/New Business Mr. and Mrs. Weiting of Pierce Road were present to discuss the maintanence of there existing garden which is located within the a resource area. A complaint was made by an abutter of the Weitings. Mr. Moran stated that the Commission will have to determine if the garden has an adverse effect on the salt marsh. Mr. Moran suggested the Weitings hire Mr. Don Kent of the Gulf of Maine Research because he is familiar with the area. Ms . Curran informed the Commission that a letter was sent to Mr. Cardella of 63 Memorial Drive requesting that he file plans for his property to remove the material that was dumped in a wetland. Ms. Curran further added that he agreed to use hav bails for protection until the area can be cleaned. Mr. Moran stated that fly ash was found near Collins Cove when taking a site visit to Memorial Drive. The fly ash had been dumped there years ago by the Power Company and has caused serious erosion to the area. Ms. Curran stated that she is trying to contact the State to investigate the possibility of receiving funds for the construction of a retaining wall. Mr. Harney informed the Commission that the D.P.W is presently cleaning the stream near Mr. Fiore 's property on Highland Avenue to allow the flow of water from the culvert to the basin. Mr. Moran stated that the Commission is requesting that Mr. Fiore file a plan to stop the dumping in a wetland and he will be returning to submit the plans to the Commission. Ms. Curran stated that she is investigating the possibility of receiving funds for the joint land acquisition of the Forest River area. She was informed that Urban Self Help Grant funds may be awarded to the City. She further added that she is applying for these funds and Marblehead is applying for a Coastal Facilities Grant. Ms. Curran informed the Commission that Land Acquisition is going to the City Council on June 9, 1988. Ms. Curran stated that both Mr. Clayton Smith of Pierce Road and Salem State College are appealing the Commission's denial to D.E.Q.E. Ms. Curran stated that she is presently collecting the by—laws of surrounding towns for the purpose of implementing by—laws for the Salem Conservation Commission. I� Mr. Harney informed the Commission that there is a broken pipe on Mooney Road and that the culverts in the area need to be cleaned. Ms. Curran informed the members that she will be Leaving the Planning Department and will no longer be the Staff Advisor for the Conservation Commission. She introduced Ms. Beth Debski of the Planning Department who will be taking her place. There being no further business, Mr. Doyle made a motion to adjourn the meeting and Mr. Takis seconded the motion. The Commission was unanimously in favor and the meeting adjourned at 8:30 p.m. Respectfully submitted, Susan M. Cosman 5221 V � SALEM CONSERVATION COMMISSION MINUTES OF MEETING JUNE 9, 1988 A regular meeting of the Salem Conservation Commission was held on June 9, 1988 at 7:30 p.m. in the second floor conference room, One Salem Green. Those in attendance were : Chairman Philip Moran, Fred Harney, Harry Takis , Martha Hogan, Bob Crowley, John Vallis , John Doyle, and staff advisors Rebecca Curran and Beth Debski. Chairman Moran called the meeting to order at 7:30 p.m. Determination of Applicability — Amtrak Chairman Moran read a letter from Sanford Ecological Services , Inc. requesting a Determination of Applicability for Amtrak for wetland delineations along portions of the railroad within Salem. The proposed areas to be delineated with impactable posts are those areas which will not be sprayed during the company's annual vegetation control plan. The "no spray" zones include any area within 19' (on center) of a wetland resource area. Mr. Richard Albano, representing Amtrak, provided the Commission with a map of the proposed "no spray" areas . He added that Amtrak will provide a five—year vegetation control plan, which must be approved by the Department of Agriculture, on which the Commission can comment. Mr. Albano suggested that the Commission make a site visit during the month of July. He added that each community will be informed of the spray dates two weeks prior to their commencement . It was the consensus of the Commission that July 9th, 16th, or 23rd would be possible dates for a site visit, and Mr. Albano agreed to confirm one of the suggested dates with Beth Debski. Mr. Takis made a motion to table the applicant ' s request for determination until after a site visit in July. Mr. Doyle seconded the motion. The vote was unanimously in favor. - Public Hearing — Clarke Avenue Chairman Moran read the notice of public hearing which was advertised in the Salem Evening News on June 2, 1988. Mr. Vallis excused himself from the meeting room during this public hearing. Chairman Moran presented the Commission with a letter from the City Solicitor, Michael O'Brien. Mr. O' Brien stated that when the City of Salem sold the aforementioned parcel to Mr. and Mrs. Colpitts, the Purchase and Sale Agreement was conditioned upon the receipt of necessary permits for the construction of one single family home. Mr. O'Brien, therefore, requested that the Commission act favorably on the petition. Chairman Moran questioned whether a denial would nullify the sale, and petition. Chairman Moran questioned whether a denial would nullify the sale, and Mr. Colpitts responded that in the event of a denial , he would not be required to go through with the purchase. Mr. Donald Kent of Gulf of Maine Research reviewed the proposed project for the Commission. The project would involve the construction of a single family home, accessory building, and garage all within a buffer zone. Mr. Kent noted that when last presented, the plan indicated that the wetland line was closer to the front of the property than it is indicated on the present plan. Mr. Kent was able to re—evaluate the parcel and found that the line is further to the rear of the parcel . Mr. Kent has reflagged the area to reflect this change. Mr. Kent noted that this change was due to the existence of an upland form of groundcover which was not visible in March when the first plan was prepared. Mr. Kent stated that, in his opinion, the proposed construction would not disturb the wetland area, and that haybales would be placed down gradient of construction to prevent siltation of bordering vegetated wetlands. He added that the installation of sod would enhance flood control, no drains would be constructed within the garage, and no wildlife would be disturbed. Ms. Curran asked if there was a large rock outcrop, and Mr. Kent responded that the rocks can easily be removed. He noted that the accessory building will have a slab foundation. Access to this accessory building will be via a driveway and over the lawn. Ms. Debski noted that the Planning Board has given Form A approval , but has not yet approved the road and utlity plans. Chairman Moran voiced concern over where the wetland begins , and suggested that the Commission make a site visit. Mr. Takis made a motion to continue the public hearing until June 23, 1988 following a site visit on Wednesday, June 15, 1988 at 6:00 p.m. Ms. Hogan seconded the motion. The vote was unanimously in favor. Two public hearings scheduled to be held this evening will be continued until the Commission's next meeting because the applicants representatives were unable to attend the meeting. Old Business At the last Commission meeting, Mr. and Mrs. Weiting of Pierce Road were asked to retain the services of Gulf of Maine Research to determine if their existing garden had an adverse effect on the wetlands to the rear of their parcel. Chairman Moran presented the Commission with a letter from Mr. Donald Kent of the Gulf of Maine Research. Mr. Kent stated that the gardens begin 35 feet from the salt marsh, and 100 feet from the Forest River. He noted that there is no evidence that the gardens adversely affect the I � salt marsh at this time, but to ensure continued salt marsh productivity, channeled surface runoff should be prevented. This could be accomplished by decreasing the unvegetated area in the gardens nearest the marsh, leveling the surface of the gardens so that channels do not develop, or establishing a 2-3 foot wide grass strip for diffusion of surface run off downgradient of the gardens . He added that herbicides and pesticides should not be applied. Mr. Salvo asked if this area was City-owned, and Chairman Moran responded that the Commission would look into the matter. Chairman Moran suggested that the area be allowed to return to its natural state. Ms. Hogan made a motion to send Mr. and Mrs. Weiting a letter requesting that they remove the coffee bean shells within the garden, and remove the aluminum trim around the garden, as well as any other unnatural materials and allow the area to return to its natural state. the Commission also requested that a letter be sent to Mr. Clayton Smith requesting that he no longer mow the grass in this area and allow the area to return to its natural state. New Business Ms. Curran informed the Commission that she had requested a copy of the by-laws from the City of Gloucester Conservation Commission. Councillor Blair presented the Commission with a City Council order requesting that the City Solicitor, City Planner and Conservation Commission meet the necessary requirements to purchase the parcels at Legg's Hill and the Lead Mills. Chairman Moran presented the Commission with a letter from Mr. DeIulis of 6 Seemore Street who reported that the residents of 7, 11 , and 13 Freeman Road are dumping leaves and grass onto the embankment leading into the wetland'. Chairman Moran requested that these residents be sent letters requesting that they cease dumping immediately. Minutes Mr. Takis made a motion to approve the minutes of the May 29, 1988 meeting, as amended. Mr. Doyle seconded the motion. The vote was unanimously in favor. Ms. Hogan made a motion to adjourn at 8:45 p.m. Mr. Takis seconded the motion. The vote was unanimously in favor. Respectfully submitted, Elizabeth Newton Acting Clerk 5222 l� June 23 , 1988, Page 1 CONSERVATION COMMISSION MINUTES OF MEETING JUNE 23 , 1988 A regular meeting of the Salem Conservation Commission was held on June 23 , 1988 at 7 :30 p.m. in the second floor conference room at One Salem Green. In attendance were Fred Harney, Harry Takis, Bob Crowley, John Vallis, and staff advisor Beth Debski. Phil Moran, Martha Hogan and John Doyle were absent. The meeting was called to order at 7 :35 By Fred Harney, Acting Chairman, who then introduced the members of the Conservation Commission to those present at the meeting. PUBLIC HEARING — SALEM SHOE Fred Harney read the Notice of Public Hearing concerning the project which stated that the project involved the construction of 60 residential units and associated parking at the Salem Shoe building site located at the terminus of Saunders and Pearl Streets. At a previous meeting the applicant was instructed to file a Notice of Intent. This project lies within 100 feet of a coastal bank but is separated by an elevated railroad track abutting the property which precludes the possibility of any bank disturbance. Gus Sherry from Hancock Associates addressed the Commission concerning the project. He said that appropriate variances had been issued by the Board of Appeals, and the Fire Department had been contacted as well as the City Engineer. He also noted that the Planning Board has endorsed the plan based on the approval of the Board of Health. Ile stated that the resource area is the coastal bank of the North River side of the MBTA embankment, and requested an Order of Conditions. Fred Harney asked if there was any vegetation on the site and Mr. Sherry stated that there is on the railroad side but they did not own that area. Ile also noted that trees will be planted and that a six foot fence will be constructed inside the property line. Harry Takis asked what the foundation would be and Mr. Sherry replied it would be slab on slab. Bob Crowley asked about the the tanks that had once been stored in the building for its previous use and Mr. Sherry responded that a 21E report has been done. Mr. Harney asked if anyone would like to speak in favor or in opposition of the project. There was no response from those present in the room. There being no further discussion Harry Takis made a motion to close the public hearing and issue an Order of Conditions seconded by John Vallis and approved unanimously. June 23, 1988, Page 2 PUBLIC HEARING — DARBIE LANDING Fred Harney read the Public Hearing Notice. He stated that this proposal involved the installation of three (3) 4000 gallon double—wall fuel storage tanks to replace tanks that were previously removed. The proposed construction is to be conducted entirely on the buffer zone in a paved level area adjacent to a coastal bank or land under the ocean is proposed. John Vallis offered to excuse himself from this discussion since he and his father had represented the applicants in the past but informed the parties that there would not be a quorum to vote on the matter and it could be held up until the July 14, 1988 meeting of the Commission. The applicants agreed that it would be all right with them for Mr. Vallis to take part in this discussion. Mr. Phil Posner, showed the plans of the proposed changes to the Commission. He noted that the removal of the fuel storage tanks had been done under the supervision of the Fire Department and the Fire Marshall. Fred Harney asked if the tanks were the same size as the ones removed and Mr. Posner responded yes. Harry Takis asked if the tanks were fiberglass and Mr. Posner reported that the Fire Department would not allow fiberglass. Bob Crowley asled if they were keeping the same feed line of would it be replaced. Mr. Posner replied that they would be replaced. Mr. Harney asked if any one would like to speak in favor or against the proposal. There being no further discussion Bob Crowley made am motion to close the public hearing and issue an Order of Conditions, seconded by Harry Takis and unanimously approved. NEW BUSINESS Attorney John Serafini addressed the Board on behalf of Harry and Stacey Fraser who purchased The Grapevine Resturant at 26 Congress Street. He said that the would like to do some remodeling of the building and particularly the patio which is located out in the rear of the building. He said that the would like to do some changing and upgrading which would require no excavation. Mrs. Fraser showed a drawing of what they plan to do and explained it to the members of the Commission. Attorney Serafini stated that he had contacted the Building Inspector and that he has requested that the Conservation Commission review it. The commission agreed to allow the proposed changes. Beth Debski will send a letter to the Building Inpector informing him of the Commission' s approval of the project. � 1 June 23 , 1988, Page OLD BUSINESS Mr. Kiernan of 21 Linden Avenue requested that his Order of Conditions granted to him in 1983 regarding the construction of a swimming pool be extended. Beth Debski noted that the request was recieved by the planning office prior to this but somehow never made it to the commission until now. The members present unanimously agree to the extension of the order of conditions from April 28, 1988 to April 28, 1989. APPROVAL OF THE MINUTES Beth Debski reported to the Commission members that there is some question as to a statement that Mr. Steve Salvo wanted recorded in the minutes of the last meeting. Beth said that she will check over the notes of the meeting again to see if the item in question occured befor the meeting started or during the course of the meeting. She said that she believed that the statement was made before the start of the meeting. John Vallis made a motion to accept the minutes of the meeting excludin the statement about Mr. Salvo, seconded by Harry Takis and approved unanimously by the members present. There being no further discussions Bob Crowley made a motion to adjourn the meeting, seconded by Harry Takis and approved unanimously. The meeting was adjourned at 8:35 P.M. Respectfully submitted by: Eileen M. Sacco Clerk ES1/CC062388 2D Conservation Commission Minutes of Meeting July 14, 1988 A regular meeting of the Salem Conservation Commission was held on Thursday .July 14, 1988 At 7: 30 P.M. in the second tloor conference room at One Salem Green. In attendance were Chairman Philip Moran. Fred Harney, Harry Takis , Bob Crowley, John Vallis , Martha Hogan, and staff advisor Beth Debski . John Doyle was absent . The meeting was called to order at 7 : 30 p.m. by Chairman Philip Moran who introduced the members of the Commission to those in attendance At the meeting. DETERMINATION-127 MARLBOROUGH ROAD Joseph Furnari of 127 Marlborough Road was present At the meeting to address the Commission concerning a subdivision of his property to allow his son Anthony Furnari to build A home on the property. He noted that there is a brook on the property and that the proposed dwelling will not be within 100 feet of the brook. Chairman Moran asked for any comments from those in attndance at the meeting. There being no comments from those in attendance the Chairman said that he saw no reason not to vote A negative determination on the matter. John Vallis made it motion to make a negative determiniation on the matter seconded by Martha Hogan and approved unanimously by the Commission. CONTINUED PUBLIC HEARING — CLARK AVENUE John Vallis recused himself from this discussion and left the mooting for the duration of this discussion. . on June 9, 1988. A public hoaring was opened for this proposal involving the construction of it single family house with Attached garage And the construction of An accessory building. In Addition, some grading will be necessary in order to provide access from the house to the accessory building. This work will occur within it wetland buffer zone. Donald Kent from Gulf of Maine Research Center Inc. , the applicants consultant was present at the meeting to address the Commission and answer any questions that they may have. He indicated that they have identified and delineated the wetland resouce Areas on the property . He said that An intermitent stream and bordering vegetative wetland is on the site and that no work is proposed within these resource areas. Chairman Moran noted that the commission had it site visit to thelocation of the proposed buildings on June 15, 1988. Donald Kent stated that they plan to take appropriate measures during construction to protect the area . He also stated that he feels that they have met all performance standards . �I Harry Takis asked that since the site is in a Buffer Zone what effect would the project have on wildlife . Mr. Kentinformed him that no animals are in danger At the site. Mr. Takis also expressed concerns about the road Leading to the shed. Mr. Kent stated that this would be used as access the to shed only and that Mr. Colpitts would be using the shed to store antique cars in . Mr. Takis asked if the road required plowing in the winter months and Mr. Kent replied that it was not likely that the cars would be used in the winter. Chairman Moran asked for comments from the audience concerning the proposal . There being no comments from those in attendance a motion was made by Bob Crowley to close the public hearing seconded by Fred Harney and approved unanimously by the Commission. A motion was made by Harry Takis to deny the petition because it is within a Buffer Zone. There being no second the motion failed. Fred Harney made A motion to grant the petition with stipulations seconded by Martha Hogan with conditions . (See Order of Conditions 64-167) Chairman Moran asked the members to vote on the motion and a vote was Laken. Four Members were in favor of the motion. Harry Takis was opposed and John Vallis recused himself. PUBLIC FFEARING—STATION ROAD EXTENSION This proposal involves the construction of twelve single family homes and the construction of approximately 550 feet of roadway and associated utilities at the end of Station Road. The proposal also includes filling 1000 square feet of wetland and replicating 1900 square feet . The Applicants Engineer, Charles Wear of Carter and Towers and Donald Kent from Gulf of Maine Research Center were present to address the Commission. Chairman Moran asked about the wetland classification and Mr.. Kent told him that it is bordering vogetAtive wetland and the source of the wetlAnd is A brook which runs ,along Station Road. Martha Hogan Asked about the change in the land since there is already a water problem in that area. Mr. Kent said that he did not feel there would be any change since they are going to replicate 1 ,900 square feet of wetland and fill in only 1 ,000. Chairman Moran asked for discussion from the audience Several neighbors of the area were present to discuss the issue. Jean Croteau of 29 Station Road addressed the Commission and stated that she has concerns about the catch basins, fire hydrants, and the cul—de—sac . She noted that the area has severe water And sewer problems during heavy rain fall . She -isked if the proposed development would be tieing into the present sewer system and indicated that she felt that the existing sewers do not meet the needs of the neighborhood. , AL this time Chairman Moran ;addressed the group :ind told them that issues such as sewers and fire hvdrants do not come under the jurisdiction of the Conservation Commission and that they should be directed to the Planning Board. Margaret Crowdis who was representing her father George Crowdis a resident of Station Road, presented a petition to the Commission on behalf of the elderly residents of Station Road. (A copy of this petition is attached to these minutes . ; Joe Correnti addressed the Commission and expressed concern that at high tide and heavy rains Forest River backs up to Station Road. lie said that he was concerned about the runoff. Lucille Tondreau expressed concerns about possible blasting and the effect that the project would have on the wildlife in the area. Martha Hogan made a motion that the Commissioners make a site visit to the area and continue the Public Hearing to the July 28. 1988 meeting seconded by John Vallis and approved unanimously by the Commission. Chairman Moran also read a Letter from Ward 7 Councillor Mark E. Blair stating some concerns that he has about the project . ( A copy of his Letter is attached to these minutes . ) The Commission planned a site visit to the area for Saturday, July 16, 1988 at 11 :00 a.m. Chairman Moran told those in attendance that the Commissioners would meet at Station Road and invited anyone who wished to attend the site visit to do so. PARLEE STREET—DISCUSSION Mr. Richard Malone was present to address the Commission concerning his project on Parlen Street . Mr. Moran noted that the Commission had placed a Cease and Desist Order on the project because thev did not feel that Mr. Malone was keeping the conditions placed by the Commission. Ile said that a site visit has been held by the Commission. Harry Tekis said that there is inappropriate fill on the site that Mr. Malone was supposed to take care of and it is still there. He also noted that the slope of the project was of concern as well . The Commission reviewed the Order of Conditions and Chairman Moran told Mr. Malone that the Commission was concerned about the inappropriate fill and the slope of the project . The Commission asked Mr. Malone to take care of those matters in the next two weeks so that they can resolve the matter at the July 28. 1988 meeting. NEW BUSINESS Chairman Moran addressed the Commission and stated that he had been in touch with the Salem State Soccer Coach and that the College may be coming before the Commission to widen the soccer field which would require going into wetland. He said that they may be in for the July 28, 1988 meeting. APPROVAL OF MINUTES `lotion made by Harry Takis to :approve the minutes of the previous meeting held on .lune 23, 1988, seconded by Fred Harney and approved unanimously by the Commission. There being no further business to come before the Commission, a motion was made by Martha Hogan to adjourn the meeting seconded by Harry Takis and Approved unanimously. The meeting was adjourned at 9:00. RESPECTFULLY SUBMITED BY: EILEEN M SACCO CLERK This Enforcement and Restoration Order is issued by the Salem Conservation Commission to compel compliance with the Massachusetts Wetlands Protection Act and independently the City of Salem Wetlands Bylaw. We order that the property on Clark Avenue Lot #40 be restored to the originally approved condition as shown on the May 1988 Plan. Any fill which extends beyond the wetlands limit line shown on this plan is in violation of the Wetlands Protection Act and the City of Salem's Wetland Bylaw. BACKGROUND INFORMATION: 1) A Notice of Intent was filed by David Colpitts to build a house and accessory building within the buffer zone of a Bordering Vegetated Wetland and an intermittent stream. No work was proposed within the Bordering Vegetated Wetland. 2) The Salem Conservation Commission issued an Order of Conditions on July 14, 1988 (DEP #64-167). The Order required that work be done according to the Plot Plan dated May 1988 by Landmark Survey and Engineering - Conservation Commission/Planning Board, and the Wetlands Report, Clark Avenue, Salem, Massachusetts prepared by Donald M. Kent, of Gulf of Maine Research Center Inc. 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 "Wetland Report", 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 ---- install downgradient of construction to prevent siltation in bordering vegetated wetlands. Staked angled haybales and a siltation fence 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. Consultant shall closely monitor the site before and during construction. 8. No paving shall occur beyond the end of the proposed cul-de-sac. 9. There shall be no parking between the end of the cul-de-sac and the proposed accessory garage. 10. No work shall take place on automobiles outside of the accessory garage. 11. Construction personnel and equipment shall remain on upland side of construction. 12. 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 9, 1991. It was determined that the fill's origin was Deer Island. On January 30, 1991 the Commission made a visit to the site. 4) The Salem Conservation Commission issued an Enforcement Order on February 6, 1991. Stating the extent and type of activity: Dumping of (clay/silt) fill in an area not specified to be filled in the wetlands report referenced in the order of Conditions. The fill is currently eroding as a result of a steep slope at its edge the lack of siltation fabric fence and functioning staked haybales. The conditions violated were stated as #1, #2, #3 and #5. 5) The Commission gave Mr. Colpitts the opportunity to explain his action. John R. Kielty counsel for Mr. Colpitts and Paul Summers 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 report 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 brake through the siltation barrier. Mr. Colpitts had 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. A letter from Donald Kent was submitted to the Commission. Mr. Kent claims that he amended the original wetland limit line as shown on the May 1988 plan. The revised limit line was further down the slope. The Commission, or any of the parties involved have no record of a revised plan and the Commission never changed the Order of Conditions to include a reference to the revised plan. 6. The Commission can only base its decision on the legal documentation which it has in its file, which is the Order of Conditions. Mr. Colpitts filled land far beyond the Wetlands Limit Line on a plan he himself gave the Commission. Mr. Colpitts' counsel and wetlands consultant have asked the Commission to accept the additional fill by means of amending the Order of Conditions. This is entirely unexceptable, as the Commission would then be approving fill in a wetland area. 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. The fill, shown on the survey: Salem, MA Plan of Land Prepared for David Colpitts by Reid Land Surveyors, dated April 25, 1991 which is beyond (in both height and width) that approved in the original Order of Conditions, as shown on the May 1988 shall be removed. 2. 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. Aro o�4o 77 Cie C.�.�d;u Rf� in� ► d r r�e� -4 ,w ��- :� s���,,f5 � Tt��Q�.ei � ��-a-' - ,G� �tJ L��^ 1 'S hn-o5.. � � �Gtre✓SV�'�l/ Wt-re, ,a..V�_. � c ��d��. -vim. �- ++ %oN Cp�� Salem. Massachusetts 01970 5 ASSP�N� - February 8, 1991 David Colpitts 463 Summer Street Lynn, MA Dear Mr . Colpitts : The next Conservation Commission meeting will be held on Thursday, February 14 at 7 : 00 p .m. , at One Salem Green, second floor conference room. You are welcome to attend and discuss this matter with the Commission . Thank You �ZGGc /t���72ey1.��`%nom Juli Riemenschneider Conservation Administrator D918 r CITY OF SALEM - MASSACHUSETTS KEVIN T.DALY Legal Department LEONARD F FEMINO City Solicitor 93 Washington Street Assistant City Solicitor 508-745-0500508-921-1990 Salem, Massachusetts 01970 May 3 , 1991 Salem Conservation Commission ATTN: Julie and William Luster One Salem Green Salem, MA 01970 Dear Julie: Enclosed herewith please find a copy of an order issued by the Committee on Community Development and approved by the city council regarding the parcel of land now owned by David Colpitts. As you can see from the order the Mayor is not to execute the attached deed until all claims and liens against the property have been satisfied and released. Would you kindly keep me informed as to the relevant issues pertaining to this matter. Please call with your questions or comments. Very truly yours, Leona F. Femino LFF/sbh ECEPV D MAY 01 1991 S to t EI=t ?Ml`)`G DEPS'. IN CITY COUNCIL. Cite oi �alent, _ April 11 , 19 91 Tui[ LU\Ikl]TIfION Community Development. to whom was reterred an Order dated March 27 , 1991 relative to land on Clark Avenue hasconsidered said matterand would iemmncnd: That the :flavor is authorized to execute the attached deed subject to approval as to form by the City Solicitor and any necessary conditions and approvals required by the Conservation Commission. The Committee further recommends that the City Solicitor investigate all claims and liens against the property prior to the Mayor ' s authoriza- tion. Said authorization be withheld for 10 days to allow the Solicitor to investigate . In City Council _April,._11_1991 Adopted as amended by a roll call vote of 8 leas , 2 nays , 1 abseA Approved by the Mayor on April. 25 , 1991 ATTEST: JOSEPHINE R. FUSCO CITY CLERK Fns iw t.-'OMMrnrr. Chairman MABlA UYETTB-OUITOLAIM tOQEO BHOR"r /ORM (INDIVIDUAL) lost The City of Salem, a municipal corporation duly established under the laws of the Commonwealth of Massachusetts and having its usual place of business at 93 Washington Sx ree t County,Massachusetts, o Salem, Essex jypj>f�r:�yfrytsyrliYlPl'fy for U0tt6+`kM11il1TU`ldlr`4Wdc"`1tl {-G 1tbhyq't#"15ftx nominal consideration • grant to David Colpitts of Lynn, Essex County, tlas:sachltsetts with quitrlutm ruutuant9 the land in Salem in the County of Essex and said Commonwealth of Massachusetts bounded and described as follows: [I?aaxipttomalnd xr�mlDaaarl�y� Northenst:erly: ' by Clark Avenue two, hundred eighty-six and 74/100 (286.74) feet; Southeasterly: by lot 142 , as shown on plan hereinafter mentioned, one hundred sixty- one and 69/100 (161..69) feet; Southwesterly: by lots 75, 74 , 73, and 72, as shown on said plan, on two courses measuring one hundred eighteen and 63/100 (118.63) feet and one hundred ninety-two and 03/100 (t92.03) .feet respectively; and' Northwesterly: by lot 1.40, as shown on said plan, two hundred sixty-nine and 64/100 (269.64) feet. A:17. of said boundaries are determined by the Court to be located as shown upon plan t+: numbered 71.59-B, drawn by Eastman & Bradford, Civil Engineers, dated May 1 , 1918, as "' modified and approved by the Court, filed in. the Land Registration Office, a copy of 7' a portion of which is filed with original Certificate of Title 3862 in said Registry, : and the above described land is shown as lot 141 , sheet 3, thereon. So much of the above described land as is included within the limits of said Clark Avenue, is subject to its use by all persons lawfully entitled thereto, as described in Certificate of Title 3862, and there is appurtenant to the said above described land the right to use all street and ways shown on said plan, in common with others entitled thereto. For Title reference see Certificate of Title No. 57545. Subject to restrictions of record. Therehes been full compliance with the provisions of Massachusetts General Laws, Chapter 44, section 63A. 3 dlttlrrala ...its.....hand and seal this............................ day Of....APr.-1Z......................,19..9.1,. The City of Salem .......................................................................... ....................................................I................. ................................................................... By ..............................:.................................... ........................................................... ................... . aillr fdnultnonluett1211 ta1''. anstut?unrttn Essex ss. April 19 91 Then personally appeared the above named on behalf of the City of Salem and acknowledged the foregoing instrument to be it:; free act and deed before me ............................... ...................................... Notary Public—Justice of the Peace My commission expires 19 (*Individual--Joint Tenants—Tenants in Common.) CHAPTER 183 SEC. 6 AS ADtENDED BY CHAPTER 497 OF 1969 Every deed resented for record shall contain or have endorsed upon it the full name,residence and post office address of the grantee and a recital Of`the amount of the full consideration thereof in dollen or the nature of the other consideration tbmfor, if not delivered for a specific monetary sum.The full consideration shall mean the total price for the conveyance without deduction for any liens or rnrnmhran¢s neso., by the granbr. or rcmnining thereon. .ul `uch endon*matt+ and recitals shallII tYrcrnr aceta-ded afnP re<nut ordioe deed. .. q... IAPR 2 z) 1991 IN CITY COUNCIL, SALUM PLARRIA1 DEPT. City of Salem, April 11 , 19 91 THE COMMITTEE ON Community Development to whom was referred an Order dated March 27 , 1991 relative to land on Clark Avenue has considered said matter and would recommend: That the Mayor is authorized to execute the attached deed subject to approval as to form by the City Solicitor and any necessary conditions and approvals required by the Conservation Commission. The Committee further recommends that the City Solicitor investigate all claims and liens against the property prior to the Mayor ' s authoriza- tion. Said authorization be withheld for 10 days to allow the Solicitor to investigate. In City Council April 11, 1991 Adopted as amended by a roll call vote of 8 yeas, 2 nays, 1 absent Approved by the Mayor on April 25, 1991 + �� ATTEST: JOSEPHINE R. FUSCO CITY CLERK FOR THE COMMITTFF. Chairman a ' MMB BETTS GUITOLAtl�� 91Ct'.BHORT FORM (INDIVIDUAL) 881 The City of Salem, a municipal corporation duly established under the laws of the Commonwealth of Massachusetts and having its usual place of business at 93 Washington Sxreet of Salem, Essex County,Massachusetts, bpi#Br# Y4r*for nominal consideration grant to David Colpitts • of Lynn, Essex County, Massachusetts with ilultrlatm rournaido thelatldin Salem in the County of Essex and said Commonwealth of Massachusetts bounded and described as follows: , D3=sgntiDMQ1ordxm¢mh0rorMi b� Northeasterly: by Clark Avenue two hundred eighty-six and 74/100' (286.74) feet; Southeasterly: by lot 142, as shown on plan hereinafter mentioned, one hundred sixty- one and 69/100 (161.69) feet; Southwesterly: by lots 75, 74, 73, and 72, as shown on said plan, on two courses measuring one hundred eighteen and 63/100 (118.63) feet and one hundred ninety-two and 03/100 (192.03) :feet respectively; and Northwesterly: by lot 140, as 'shown on said plan, two hundred sixty-nine and 64/100 (269.64) feet. All of said boundaries are determined by the Court to be located as shown upon plan �,^,: numbered 7159-B, drawn by Eastman & Bradford, Civil Engineers, dated May 1, 1918, as `'' modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with original Certificate of Title 3862 in said Registry, ;; and the above described land is shown as lot 141, sheet 3, thereon. So much of the above described land as is included within the limits of said Clark: Avenue, is subject to its use by all persons lawfully entitled thereto, as described in Certificate of Title 3862, and there is:.a.ppurtenant to the said above describes. land the right to use all street and ways shown en said plan, in common with others entitled thereto. For Title reference see Certificate of Title No. 57545. Subject to restrictions of record: There.ha.s-been full compliance with the provisions of Massachusetts General Laws, Chapter 44, Section 63A. its.....hand and seal this............................. day of....ABr.�1.......................19..9.1.. i�ttttrfle ......... The City of Salem .......................................................................... ................:.......................................................... By. .......................................................................... ........................................................................... .......................................................................... ............................................................................ Mor Tommanturaltli Dt Maelw4usetto Essex ss. April 19 91 Then personally appeared the above named on behalf of the City of Salem and acknowledged the foregoing instrument to be its free act and deed before me ............................................................................ Notary Public—Justice of the Peace My commission aspires 19 (*Individual—Joint Tenants—Tenants in Common.) CHAPTER 183 SEC. 6 AS AMENDED BY CHAPTER 497 OF 1969 Every deed presented for record shag contain or have endorsed upon it the full Dame,residence and post office address of the&ranee and a recital of the amount of the full consideration thereof in dollars or the nature of the other consideration therefor, if not delivered for a specific monetary sum.The full consideration shall mean the total Price for the conveyance without deduction for my liens or encurubrances assumed b; the grantee or remaining thereon. All such endorsements and redtab shall be recorded as part of the deed. .. .. ,,,. . ... . _.. .rt,.... .i... ...r.u... -r y.... J_1 ran -F,1•r nF dr+la.6,11 nrcn+t n dceF for recordin¢unless C� • JOHN R. KEILTY, COUNSELOR AT LAW 40 LOWELL STREET TELEPHONE (508) 531-7900 PEABODY, MA 01960 FACSIMILE (508) 531-2479 June 13, 1991 Docket Clerk Office of General Counsel Department of Environmental Protection One Winter Street Third Floor Boston, MA 02108 RE : APPEAL OF ENFORCEMENT ORDERS FILE NOS: DEP #64-167 AND DEP #64-165 Dear Sir or Madam: Please be advised that I represent David Colpitts of 459 Summer Street, Lynn, Massachusetts . Pursuant to the rules of the Department of Environmental Protection for the Conduct of Adjudicatory Proceedings, 310 CMR 1 . 00, this Notice is being provided as a Claim for Adjudicatory Hearing relative to Enforcement Orders issued by the City of Salem Conservation Commission on May 23, 1991 pertinent to DEP #64-165 and DEP #64-167 . The appellant specifically alleges that a revised plan was presented to the Conservation Commission during the original hearing process as reflected in a letter from Donald M. Kent, Ph.D. dated May 6, 1991 . This plan, which modifies the original line of resource area, has not been located in the City of Salem files to date. The existing conditions on site are consistent with this revised and accepted plan. This letter will serve to request an appeal to allow continued work on the site. This appeal also requests that the material which has been deposited within the area shown on the revised plan as "buffer zone" remain. _ The fill material is clean and appropriate for use within a buffer zone. The following are -issues which we feel require Departmental action: ORDER #64-167 1 . Specifically Order #1 relies on original plan, not the revised plan as presented to the Conservation Commission. I Page -2- 2 . ) In Order #8, replication of BVW is required. The area in question was not bordering vegetated wetland, as indicated in the Kent letter. The area was buffer zone. Therefore, no replication may be required. ORDER #64-165 1 . ) The documentation presented during the 1988 hearing presented a 1: 1 slope in the area. The new Order for a 33% slope is not consistent with the originally granted Order of Conditions for file #64-165 . Please docket these matters for adjudicatory hearing. Thank you for your anticipated cooperation. Very truly yours, r�f7 I hn K ' lty, s ire JRK/emb cc: Woburn DEP Salem Conservation Commission a� - 7rla�.L�ZZf/ FEBRUARY 28 , 1991 DEAR CONSERVATION COMMISSION, PLEASE BE ADVISED THAT' MY COUNSEL IS NOT AVAILABLE AT THIS TIME. WE LOOK FORWARD TO THE OPPORTUNITY TO ADDRESS YOUR CONCERNS . RESPECTFULLY, DAVID COLPITTS i JOHN R. KEILTY, COUNSELOR AT LAW 40 LOWELL STREET TELEPHONE (508) 531-7900 PEABODY, MA 01960 I FACSIMILE (508) 531-2479 April 11, 1991 Conservation Commission City of Salem One Salem Green Salem, MA 01970 Attn: Julie Riemenschnieder RE: CLARK AVENUE, SALEM, MASSACHUSETTS DEP #64-165 Dear Ms . Riemenschnieder: Please be advised that I represent David and Paula Colpitts, the owners of land purchased from the City of Salem and others on Clark Avenue in Salem, Massachusetts. Mr. and Mrs . Colpitts have retained the services of Paul Sommer of Sommer Environmental Technologies, Inc. of Wakefield, Massachusetts to examine the bordering vegetated wetland adjacent to their dev lopment and the existing conditions at Clark Avenue. He wil� appear on behalf of the Colpitts at the meeting scheduled for ,April 11, 1991. Pursuant to the provisions of the DEP Wetlands Policy 85-4, on behalf of David and Paula Colpitts, we respectfully request the opportunity to amend the Order of Conditions issued on the file identified as DEP #64-165 so as to provide for a course of action relative to stabilization of the slope adjacent to the land purchased from the City of Salem in 1987 . Thank you for your anticipated cooperation. Very truly yours, John' . Keil , Es��uire JRK/emb // y ' SOMMER ENVIRONMENTAL TECHNOLOGIES INC. 65 NEW SALEM STREET WAKEFIELD,MASSACHUSETTS 01880 TELEPHONE (617)246-5360 Clark Avenue Salem, Massachusetts The property was assessed with respect to the Wetlands Protection Act (M. G. L. Ch. 131 , s40) (WPA) . The Wetlands Protection Act requires that certain wetlands, ponds, streams, and adjacent acres are to be protected as "resource" areas. Bordering vegetated wetland is defined as an area where over 50% of the plants are wetlands indicator species. Stream banks and areas subject to periodic flooding are also protected. The property in question is located along Clark Avenue in Salem, Massachusetts. An investigation of the property under the Wetlands Protection Act revealed a bordering vegetated wetland wetland situated at the toe of the slope adjacent to the area of fill. The area supports many wetland species such as highbush blueberry (Vaccinium corymbosum) , red maple (Acer rubrum) , alder (Alnus spp. ) , sweet pepper (Clethra alnifolia) , to name a few. A brook flows parallel to the area of fill towards the east. The brook appears to flow year-round within a defined channel. Both the wetland and brook are protected as resource areas under the WPA. The original plan (DEP file #64-165) proposed work only within the 100 foot buffer at the easterly end of the property and no taking of wetland. A siltation barrier of silt fence and hay bales has been installed between the areas of construction and the resource areas. However, due to the unstable nature of the slope, erosion has resulted in siltation into the adjacent wetland. In addition to the originally proposed filling in the buffer zone, fill material has been deposited in a westerly direction adjacent to the resource area. In response to the Commission's Enforcement Order of February 6, 1991, silt fence and hay bales have been installed as an erosion siltation control barrier along the length of the new fill. The slopes have also been seeded in order to promote slope stabilization. It is our recommendation that the Commission be requested to amend the Order of Conditions to incorporate the following points: 1. The Order of Conditions be extended to include the additional 150 feet of filled slope adjacent to the Bordering Vegetated Wetland. 2 . Unstable slopes should be seeded and mulched with hay in a manner consistent with U.S. Soil Conservation Service methods for slope stabilization. 3 . All erosion and sedimentation control barriers be maintained in working condition. Including the removal of accumulated silt from the upgradient side of the barrier. 4. Areas where silt has broken through the siltation barrier should be restored by hand removal of silt. SOMMER ENVIRONMENTAL TECHNOLOGIES. INC. r A"?j " `', JOHN R. KEILTY, COUNSELOR AT LAW �Q l 40 LOWELL STREET �'`"�� �`f TELEPHONE (508) 531-7900 n �9 y, PEABODY, MA 01960 "a�."..,��_�:.? FACSIMILE (508) 531-2479 May 6, 1991 Salem Conservation Commission Two Salem Green Salem, MA 01970 Attn: Julie Riemenschneider RE: DEP #64-165 DAVID L. COLPITTS Dear Ms . Riemenschneider: Submitted herewith is a copy of a -letter from Donald Kent, formerly of Gulf of Maine Research of Salem, Massachusetts, who has reviewed the Plan of Land representing as-built conditions at Clarke Avenue in Salem, Massachusetts, prepared by Reid Land Surveyors dated January 9 , 1991 and not only addresses conditions in the field, but also states that he feels that Mr. Colpitts ' present activities are "in accordance with the Notice of Intent approved by the Commission July 14 , 1988" . Please include this letter with the file relating to these matter. Very truly yours, J hn/R. Keilty, E quire JRK/emb Enclosure 6 May, 1991 Salem Conservation Commission Attn: Julie Riemenschneider One Salem Green Salem, Massachusetts 01970 Re: Colpitts Property Clark Avenue Dear Commission Members: On 3 May, 1991 I met with Mr. David Colpitts, who is presently developing property on Clark Avenue in Salem, Massachusetts. Mr. Colpitts indicated that the Commission is concerned that the extent of activity on the southwest lot has resulted in the filling of wetlands. I further understand, based on my conversation with Mr. Colpitts, that activity occurred up to a wetlands line which was a modification of the original wetlands line, but that the Commission has no record nor recollection of this modified line. As a former employee of Gulf of Maine Research Center, I was Mr. Colpitts ' technical representative for delineation of wetlands on the property and presentation of the Notice of Intent to the Commission. In an attempt to resolve this matter, I herein provide my recollection of the delineation and Notice of Intent for this property. The original wetlands delineation was conducted in March, 1988 . The upland/wetlands line was determined on the basis of sweet pepperbush (Clethra alnifolia) and highbush blueberry (Vaccinium corymbosum) as wetland indicators. This established the wetlands line somewhat further upslope than wetlands usually occur, however, there were no other indicators present at the time by which a decision could be made. The wetland flags were located by Landmark Engineering and placed on a plan dated May, 1988 . Subsequent to depiction of the wetlands edge on the Landmark plan, and submission of the Notice of Intent to the Commission, I revisited the property. During this second visit (May or June) , I noted herbaceous vegetation, particularly Canada mayflower (Maianthemum canadense) , not present during the original delineation. Based on the presenbe of the Canada mayflower, I redelineated the southwest part of the property. This resulted in moving the wetlands line downslope 10 to 40 feet from the original wetlands line. This modified line was located at approximately the bottom of a relatively steep slope. Wetlands extending out from the 1 r F base of the slope were vegetated with skunk cabbage (Symplocarpus foetidus) . During the presentation of the Notice of Intent to the Commission I indicated the original wetlands line as depicted on the Landmark Plan, and used a colored marker to indicate areas where the line had changed. This new line indicated with colored marker was based on measurements I had taken in the field of the distance between the old flags and the new flags. Subsequent to the Commission hearing, myself, Mr. Colpitts and several members of the Commission conducted a site visit to view the wetlands line. The line, with the modification, was approved as part of the Notice of Intent 14 July, 1988. During the 3 May, 1991 meeting with Mr. Colpitts I had an opportunity to review a plan by Reid Surveyors dated 25 April, 1991. This plan was prepared to represent as-built conditions at the site. To the best of my recollection, the limits of activity as indicated on the plan correspond with the wetlands line as modified in 1988 . Therefore, based on my recollection of the wetlands delineation, Notice of Intent, and review of the plan by Reid Surveyors, I conclude that Mr. Colpitts has conducted activities on the site in accordance with the Notice of Intent approved by the Commission 14 July, 1988 . I am no longer an employee of Gulf of Maine Research Center but would be pleased to assist the Commission in any manner possible to resolve this matter. Should you have any questions I can be contacted at (617) 246-5200, ext. 4048 . Very Truly Yours, Donald M. Kent, Ph.D. 2 r :1 r 310 CMR 10.99 Form 9 DEP Fie No. (To oe provided by DEP) �.. _ Commonwealth C,tv Town Salem of Massachusetts AomcaniDavid Colpitts ME Enforcement Order Massachusetts Wetlands Protection Act, G.L. c. 131, §40 - From Salem Conservation Commission Issuing Authority To David Colpitts, t457, Summer Street, Lynn, ASA Date of Issuance 2/6/91 Property lodoarcel number. address Clarke Avenue - Lot /140. and Lot 1141 Extent and type of activity: Dumping of (clay/silt) fill in an area not specified to be filled in the wetlands report 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 fence and functioning staked haybales. 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 been/s being conducted without a valid Order of Conditions. Said activity has been/s being conducted in violation of an Order of Conditions issued to David Colpitts , dated July 18, 1988 File number 64-167 . Condition numbers) (Snecial) 112, 113, 115 Other(specify) The Salem Conservation Commission hereby orders the following: A The prccerty owner. nes acents. permittees and all others shall immediately cease ano desist from further activity affecting the wetiand 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 11/10/89 Issued by the Department of Environmental Protection AW 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 snall be performed until a public heanno 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. Other(specify) Failure to comply with this Order may constitute grounds for legal action. Massachusetts General Laws Chap- ter 13 1, Section 40 provides: Whoever violates any provision of this section shall be punished by a fine of not more than twenty-five thousand dollars or by Imprisonment for not more than two years or both. Each day or portion thereof of continuing violation shall constitute a separate offense. Questions regarding this Enforcement Order should be directed to: Issued by Signature(s) (Signature of delivery person or certifieo mail number) HEARING RIGHTS You are nereov notified of vour r.c l to an amuoicatory nearing under the Massachusetts Administrative Procedure Act.G.L.Chapter 30A.Section 10,recaramg finis Entorcement Order.In accordance with the Departments Rules for the Conduct o1 Adjudicatory Pro- ceedings.310 CMF 1.00.a Notice of Claim for Adryaicatory Hearing must be filed in writmo wnhm twemyone 1211 days of the date of issuance of inis Enforcement Order:must state clearly and concisely the facts which are grounds for the proceedings and the relief sous_nr.must include me appropriate filing fee and Fee Transmittal Form as provioed in 310 CMR 10.03(7):and must be addressed to: Docket ClerK Office of General Counsel Department of Envuonmentat Protection One Winter Street.3rd Floor Boston.Massachusetts 02108 A copy of said Notice of Claim must be sent to the appropriate regional office of DEP. 9-2a • / Issued ov ,nipm (' nsarvation Commigginn Commission X ComDietec aDDiication forms and plans as reawrec by the Ac; and Regulations shall be filed with the Conservation Commission on or oeforeFeb. 28. 1991 (Gate) and no further worK shall be performed until a puou.- nearing has been fieldno an raerD Conoiu�ns. has been issued to regulate said work. Application forms are available at. �ne Sa em preen, nd Floor, Planning Department The Droperiv owner snail take every reasonable sten to Drevent further violations of the act Otherlsoecifyl Failure to comoly with this Order may Constitute Grounds for leoal action. Massachusetts General Laws Chap. ter 13 1 . Section 40 provides: Wnoever violates any provision of this section shall be punished by a fine of not more Irian twenty-five tnousand dollars or by imprisonment for not more than two years or both. Each day or portion thereof of continuing violation shall constitute a separate offense, Questions regarding this Enforcement Order should be directed to Jul i Riamongrhnaillar Issued by + William Luster. Sionature(s) I Sicnature of oetivery person or certified mail numoer) 9-2b a 310 CMR 10.99 Form 9 DEP Fie No. 64-167 (To oe prwweo by DEP) Commonwealth Civ lows Salem =: of Massacnusetts Aoo,,cant 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:oarcel number. aaaress Clark Avenue Lot 1140 Extent and type of activity: See Attachment The Salem Conservation Commissinn has determined that the activity described above is in violation of the Wetlanes Protection Act, G.L. c. 131, §40, and the Regulations promulgated pur- suant thereto 310 CMR 10.00, because: Said activity has beeniis being conducted without a valid Order of Conditions. Said activity has beeniis being conducted in violation of an Order of Conditions issued to David Colpitis ,dated File number 64-167 Condition number(s) See Attachment Other(specify) The Conservation Commission hereby orders the following: The property owner. h s acents, permittees and all others shall immediately cease and desist from further activity affecting the wevane portion of this property. l� Wetland 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 F Issued by Salem Conservation Commission Commission _ ComDieteo application forms and plans as reauireo D,r the Act ano Reaulauons shall be flea with the on or before Idate'i and no iurtner worK snail be performed until a pubiic nearing has been nerd ano an Oroer of Conollions has been issued to regulate said work. Application forms are available at. The proDeriv owner shall take every reasonable sten to prevent further violations of the act K Other (specify) See Attachment Failure to comply with this Order may constitute grounds for leaal action. Massachusetts General Laws Chap ter 131 . Section 40 Droviaes: Whoever violates any provision of this section shall be punished by a fine of not more tnan twenty-five thousand dollars or by imprisonment for not more than two years or both. Each day or portion tnereof of continuing violation shall constitute a separate offense. Ouestions reoarding this Enforcement Order should be oiregted to: Juli Riemenschnedier- Conservation Administrator Issued by The Salem Conservation Commission Sionature(s) v V y� !Signature of oei veru Derson or certifiec mail numoer) B-2b w This Enforcement and Restoration Order is issued by the Salem Conservation Commission to compel compliance with the Massachusetts Wetlands Protection Act and independently the City of Salem Wetlands Bylaw. We order that the property on Clark Avenue Lot #40 be restored to the originally approved condition as shown on the May 1988 Plan. Any fill which extends beyond the wetlands limit line shown on this plan is in violation of the Wetlands Protection Act and the City of Salem's Wetland Bylaw. BACKGROUND INFORMATION: 1) A Notice of Intent was filed by David Colpitts to build a house and accessory building within the buffer zone of a Bordering Vegetated Wetland and an intermittent stream. No work was proposed within the Bordering Vegetated Wetland. 2) The Salem Conservation Commission issued an Order of Conditions on July 14, 1988 (DEP #64-167). The Order required that work be done according to the Plot Plan dated May 1988 by Landmark Survey and Engineering - Conservation Commission/Planning Board, and the Wetlands Report, Clark Avenue, Salem, Massachusetts prepared by Donald M. Kent, of Gulf of Maine Research Center Inc. Special Conditions of this Order were as follows: 1. Work shall conform to above referenced plan. Z. Work shall conform to narrative submitted with Notice of Intent, entitled "Wetland Report", 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 install downgradient of construction to prevent siltation in bordering vegetated wetlands. Staked angled haybales and a siltation fence 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. Consultant shall closely monitor the site before and during construction. 8. No paving shall occur beyond the end of the proposed cul-de-sac. 9. There shall be no parking between the end of the cul-de-sac and the proposed accessory garage. 10. No work shall take place on automobiles outside of the accessory garage. 11. Construction personnel and equipment shall remain on upland side of construction. 12. 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 9, 1991. It was determined that the fill's origin was Deer Island. On January 30, 1991 the Commission made a visit to the site. 4) The Salem Conservation Commission issued an Enforcement Order on February 6, 1991. Stating the extent and type of activity: Dumping of (clay/silt) fill in an area not specified to be filled in the wetlands report referenced in the order of Conditions. The fill is currently eroding as a result of a steep slope at its edge the lack of siltation fabric fence and functioning staked haybales. The conditions violated were stated as #1, #2, #3 and #5. 5) The Commission gave Mr. Colpitts the opportunity to explain his action. John R. Kielty counsel for Mr. Colpitts and Paul Summers 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 report 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 brake through the siltation barrier. Mr. Colpitts had 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. A letter from Donald Kent was submitted to the Commission. Mr. Kent claims that he amended the original wetland limit line as shown on the May 1988 plan. The revised limit line was further down the slope. The Commission, or any of the parties involved have no record of a revised plan and the Commission never changed the Order of Conditions to include a reference to the revised plan. 6. The Commission can only base its decision on the legal documentation which it has in its file, which is the Order of Conditions. Mr. Colpitts filled land far beyond the Wetlands Limit Line on a plan he himself gave the Commission. Mr. Colpitts' counsel and wetlands consultant have asked the Commission to accept the additional fill by means of amending the Order of Conditions. This is entirely unexceptable, as the Commission would then be approving fill in a wetland area. 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. The fill, shown on the survey: Salem, MA Plan of Land Prepared for David Colpitts by Reid Land Surveyors, dated April 25, 1991 which is beyond (in both height and width) that approved in the original Order of Conditions, as shown on the May 1988 shall be removed. Z. 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. r 6. All fill beyond that shown on the May 1988 plan 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 with Enforcement and Restoration Order. 8. A plan for revegetation of the wetland area destroyed by the fill shall also be submitted to the Commission by September 15, 1991. The plan shall show the size, species, quantities and location of wetland vegetation. The extent of this revegetation shall begin at the wetland limit line shown on the May 1988 plan and shall extend to the toe of slope shown on the April 25, 1991 Survey: Salem, MA Plan of Land prepared for David Colpitts by Reid Land Surveyors. 9. By October 15, 1991 the disturbed wetland shall be replanted and the slopes and other areas shall be stabilized. 10. Following satisfactory and timely compliance to this Enforcement and Restoration 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. M18 ----- -- _.._. I FEBRUARY 28 , 1991 DEAR CONSERVATION COMMISSION, PLEASE BE ADVISED THAT MY COUNSEL IS NOT AVAILABLE AT THIS TIME. WE LOOK FORWARD TO THE OPPORTUNITY TO ADDRESS YOUR CONCERNS . RESPECTFULLY, DAVID COLPITTS i JOHN R. KEILTY, COUNSELOR AT LAW 40 LOWELL STREET TELEPHONE (508) 531-7900 PEABODY, MA 01960 FACSIMILE (508) S31-2479 April 11, 1991 Conservation Commission City of Salem One Salem Green Salem, MA 01970 Attn: Julie Riemenschnieder RE: CLARK AVENUE, SALEM, MASSACHUSETTS DEP #64-165 Dear Ms . Riemenschnieder: Please be advised that I represent David and Paula Colpitts, the owners of land purchased from the City of Salem and others on Clark Avenue in Salem, Massachusetts. Mr. and Mrs . Colpitts have retained the services of Paul Sommer of Sommer Environmental Technologies , Inc. of Wakefield, Massachusetts to examine the bordering vegetated wetland adjacent to their dev lopment and the existing conditions at Clark Avenue. He wil appear on behalf of the Colpitts at the meeting scheduled for April 11, 1991. Pursuant to the provisions of the DEP Wetlands Policy 85-4, on behalf of David and Paula Colpitts, we respectfully request the opportunity to amend the Order of Conditions issued on the file identified as DEP #64-165 so as to provide for a course of action relative to stabilization of the slope adjacent to the land purchased from the City of Salem in 1987 . Thank you for your anticipated cooperation. Very truly yours, John R. Keil , Esquire JRK/emb ' SOMMER ENVIRONMENTAL TECHNOLOGIES INC. 6S NEW SALEM STREET WAKEFIELD,MASSACHUSETTS 01880 TELEPHONE(617) 246.5360 Clark Avenue Salem, Massachusetts The property was assessed with respect to the Wetlands Protection Act (M. G. L. Ch. 131, s40) (WPA) The Wetlands Protection Act requires that certain wetlands, ponds, streams, and adjacent acres are to be protected as "resource" areas. Bordering vegetated wetland is defined as an area where over 50% of the plants are wetlands indicator species. Stream banks and areas subject to periodic flooding are also protected. The property in question is located along Clark Avenue in Salem, Massachusetts. An investigation of the property under the Wetlands Protection Act revealed a bordering vegetated wetland wetland situated at the toe of the slope adjacent to the area of fill . The area supports many wetland species such as highbush blueberry (Vaccinium corymbosum) , red maple (Acer rubrum) , alder (Alnus spp. ) , sweet pepper (Clethra alnifolia) , to name a few. A brook flows parallel to the area of fill towards the east. The brook appears to flow year-round within a defined channel. Both the wetland and brook are protected as resource areas under the WPA. The original plan (DEP file #64-165) proposed work only within the 100 foot buffer at the easterly end of the property and no taking of wetland. A siltation barrier of silt fence and hay bales has been installed between the areas of construction and the resource areas. However, due to the unstable nature of the slope, erosion has resulted in siltation into the adjacent wetland. In addition to the originally proposed filling in the buffer zone, fill material has been deposited in a westerly direction adjacent to the resource area. In response to the Commission's Enforcement Order of February 6, 1991, silt fence and hay bales have been installed as an erosion siltation control barrier along the length of the new fill. The slopes have also been seeded in order to promote slope stabilization. It is our recommendation that the Commission be requested to amend the Order of Conditions to incorporate the following points: 1. The Order of Conditions be extended to include the additional 150 feet of filled slope adjacent to the Bordering Vegetated Wetland. es should be seeded and mulched with ha 2 . Unstable slop y in a manner consistent with U.S. Soil Conservation Service methods for slope stabilization. 3 . All erosion and sedimentation control barriers be maintained in working condition. Including the removal of accumulated silt from the upgradient side of the barrier. 4 . Areas where silt has broken through the siltation barrier should be restored by hand removal of silt. SOMMER ENVIRONMENTAL TECHNOLOGIES, INC. JOHN R. KEILTY, COUNSELOR AT LAW 40 LOWELL STREET TELEPHONE (508) 531-7900 PEABODY, MA 01950 FACSIMILE (508) 531-2479 May 6, 1991 Salem Conservation Commission Two Salem Green Salem, MA 01970 Attn: Julie Riemenschneider RE: DEP #64-165 DAVID L. COLPITTS Dear Ms . Riemenschneider: Submitted herewith is a copy of a �letter from Donald Kent, formerly of Gulf of Maine Research of Salem, Massachusetts, who has reviewed the Plan of Land representing as-built conditions at Clarke Avenue in Salem, Massachusetts, prepared by Reid Land Surveyors dated January 9, 1991 and not only addresses conditions in the field, but also states that he feels that Mr. Colpitts ' present activities are "in accordance with the Notice of Intent approved by the Commission July 14 , 1988" . Please include this letter with the file relating to these matter. Very truly yours, (John R. Keilty, Esquire JRK/emb Enclosure 6 May, 1991 Salem Conservation Commission Attn: Julie Riemenschneider One Salem Green Salem, Massachusetts 01970 Re: Colpitts Property Clark Avenue Dear Commission Members: On 3 May, 1991 I met with Mr. David Colpitts, who is presently developing property on Clark Avenue in Salem, Massachusetts. Mr. Colpitts indicated that the Commission is concerned that the extent of activity on the southwest lot has resulted in the filling of wetlands. I further understand, based on my conversation with Mr. Colpitts, that activity occurred up to a wetlands line which was a modification of the original wetlands line, but that the Commission has no record nor recollection of this modified line. As a former employee of Gulf of Maine Research Center, I was Mr. Colpitts ' technical representative for delineation of wetlands on the property and presentation of the Notice of Intent to the Commission. In an attempt to resolve this matter, I herein provide my recollection of the delineation and Notice of Intent for this property. The original wetlands delineation was conducted in March, 1988 . The upland/wetlands line was determined on the basis of sweet pepperbush (Clethra alnifolia) and highbush blueberry (Vaccinium corym.bosum) as wetland indicators. This established the wetlands line somewhat further upslope than wetlands usually occur, however, there were no other indicators present at the time by which a decision could be made. The wetland flags were located by Landmark Engineering and placed on a plan dated May, 1988 . Subsequent to depiction of the wetlands edge on the Landmark plan, and submission of the Notice of Intent to the Commission, I revisited the property. During this second visit (May or June) , I noted herbaceous vegetation, particularly Canada mayflower (Maianthemum canadense) , not present during the original delineation. Based on the presen`oe of the Canada mayflower, I redelineated the southwest part of the property. This resulted in moving the wetlands line downslope 10 to 40 feet from the original wetlands line. This modified line was located at approximately the bottom of a relatively steep slope. Wetlands extending out from the 1 base of the slope were vegetated with skunk cabbage (Symplocarpus foetidus) . During the presentation of the Notice of Intent to the Commission I indicated the original wetlands line as depicted on the Landmark Plan, and used a colored marker to indicate areas where the line had changed. This new line indicated with colored marker was based on measurements I had taken in the field of the distance between the old flags and the new flags. Subsequent to the Commission hearing, myself, Mr. Colpitts and several members of the Commission conducted a site visit to view the wetlands line. The line, with the modification, was approved as part of the Notice of Intent 14 July, 1988 . During the 3 May, 1991 meeting with Mr. Colpitts I had an opportunity to review a plan by Reid Surveyors dated 25 April, 1991. This plan was prepared to represent as-built conditions at the site. To the best of my recollection, the limits of activity as indicated on the plan correspond with the wetlands line as modified in 1988 . Therefore, based on my recollection of the wetlands delineation, Notice of Intent, and review of the plan by Reid Surveyors, I conclude that Mr. Colpitts has conducted activities on the site in accordance with the Notice of Intent approved by the Commission 14 July, 1988 . I am no longer an employee of Gulf of Maine Research Center but would be pleased to assist the Commission in any manner possible to resolve this matter. Should you have any questions I can be contacted at (617) 246-5200 , ext. 4048 . Very Truly Yours, Donald M. Kent, Ph.D. 2 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) 745-6818 GULF OF MAINE RESEARCH CENTER INC. TABLE OF CONTENTS Section Page Introduction 1 Site Description and Wetland Resource Areas 1 Wetland Protection Interests q Impacts and Mitigation 5 Summary 6 Appendix A: Storm Runoff Analysis 7 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 - L__ 1 The U., Site '/'I� ti wrif,' If CI I/' OlaneY oak Bea IC F I G u RE I SITE LOCATION AND TOPOGIUAPHY SCAL." : 1 2100 ' N 1110;E "AP : I [�SCS Topog I-;)ph i ( M:,I- �B f ANPVC / 2' e^R,4CS C } IRCIE ' ,vYMAN 51. 'RI ; AR ES t The AVE. Sitel WYMAN- 'Z i R _R Q TER v, rP /R I x < ^ ' 7I (R i I 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. SU14KARY 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 G. tyo .h�.✓ c , /• 3 3 i9«�s 13-e 74-,e C.-fAl RAINFALL ANALYSIS 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 (in./hr. ) A = drainage area (acres) 44�/kt 0.67 % (� C.i A 2-4-)( 047) _ /. /ocOcs y Ei r: .,j j+ . r� j/13/88 �kH RAINFALL ANALYSIS /uo YEAR HOUR STORM Q=CiA Time of Concentration T =1.8 (1.1-C)D-5 S.3 z. C = runoff coefficient D = distance traveled(feet) S = slope (in 8) RUNOFF RATE Q = CiA Q = peak runoff rate (cfs) C = runoff coefficient = I . + i - rainfall intensity (in./hr.) '= A = drainage area (acres) f = 2. r % i Q = C1A Q = lo.sa) .a...: EISTE -- THIS COPY COMMONWEALTH OF MASSACHUSETTS LAND COURT DEPARTMENT OF THE TRIAL COURT CASE NO. 7159-S (SEAL) Upon the petition of David L. Colpitts and Paula L. Colpitts , husband and wife, of Lynn, alleging that : 1 . Certificate of Title No. 6174 issued by the South Registry District of Essex County stands in the name of Frank Nimblett and Matilda T. Nimblett. 2. A Tax Taking by City of Salem was registered as Document No. /38219 and noted on Certificate of Title No. 6174 on November 18, 1939. 3. Thereafter, an Affidavit of Low Value was registered as Document No. 67014 and noted on Certificate of Title No. 6174 on November 24 , 1952. 4. A Treasurer' s Deed under the provisions of G.L. c. 60, s. 79 , as amended, running in favor of City of Salem was registered as Document No. 67293 and noted on Certificate of Title No. 6174 on December 22 , 1952. 5. The City of Salem conveyed to Thaddeus G. Wlodyka by deed registered as Document No. 83212 and noted on Certificate of Title No. 6174 on July 29 , 1957. 6 . Thaddeus G. Wlodyka conveyed to David L. Colpitts and Paula L. Co 1pitts by deed dated December 23 , 1986 , registered as Document No. 219584 and noted on Certificate of Title No. 6174 on December 23 , 1986. Petitioner prays that said Certificate of Title No. 6174 be cancelled and a new Certificate of Title be issued to David L. Colpitts and Paula L. Colpitts , husband and wife, as tenants by the entirety, as owner pursuant to law. 5 I After due proceedings, it is, ORDERED: that Certificate of Title No. 6174 be cancelled and a new certificate issue to David L. Colpitts and Paula L. Colpitts, husband and wife, as tenants by the entirety, of Lynn, in the County of Essex, and Commonwealth of Massachusetts , subject to any subsequent tax sales of record, and to any easements and restrictions noted in said Certificate of Title. By the Court. (Cauchon, J. ) Attest: Charles W. Trombly, Jr. Dated: April 7 , 1987 Recorder 1'44 RQCORO'� .. MDC/ml Cert. No. 56636 01ranofer Tertifirate of 0itle Doc. No. 219584 From Transfer CertificateNo.s . 26708 , 26709 Originally Registered December 3 , 1921 in & 26710 Registration Book 16 Page 3862 for the Southern Registry District of Essex County. 01 jio 0 t0 (fCrtifB that David L . Colpitts and Paula L . Colpitts , husband and wife, of Lynn in the County of Essex and Commonwealth of Massachusetts , are the owners in fee simple CANCELLED as tenants by the entirety, BY DOCUMENT N0. 2-6223` of three certain parcels of land situate in Salem SEE CERTIFICATE NO, -�IS8 IN THE COUNTY OF ESSEX AND SAID COMMONWEALTH BOUNDED AND DESCRIBED AS FOLLOWS : FIRST PARCEL : NORTHEASTERLY by Clark Avenue fifty ( 50 ) feet ; SOUTHEASTERLY by lot 139 , as shown on plan hereinafter mentioned, three hundred twenty six and 03/100 ( 326 . 03 ) feet; SOUTHWESTERLY by lot 71, as shown on said plan, fifty eight and 96/100 ( 58 . 96 ) feet ; and NORTHWESTERLY by lot 137 , as shown on said plan, three hundred fifty seven and 28/100 ( 357 . 28 ) feet . N All of said boundaries are determined by the Court to be located as shown o upon plan numbered 7159-B , drawn by Eastman & Bradford, Surveyors , dated May 1 , 1918 , as modified and -approved by the Court , filed in the Land o Registration Office , a copy of a portion of which is filed with original S Certificate of Title 3862 in said Registry, and the above described land - is shown as lot 138 , sheet 3 , thereon. c SECOND PARCEL, NORTHEASTERLY by Clark Avenue fifty ( 50 ) feet ; SOUTHEASTERLY by lot 140 , as shown on above mentioned plan, two hundred ninety six and 33/100 ( 296 . 33 ) feet; o SOUTHWESTERLY by lots 72 and 71 , as shown on said plan, fifty eight and a 18/100 ( 58 . 18 ) feet ; and rn NORTHWESTERLY by lot 138 , as shown on said plan, three hundred twenty six and 03/100 ( 326 . 03 ) feet . ,d Being shown as lot 139 , sheet 3 , on said plan. s r THIRD PARCEL : NORTHEASTERLY by Clark Avenue fifty ( 50 ) feet ; SOUTHEASTERLY by lot 141, as shown on said plan, two hundred sixty nine and 64/100 ( 269 .64 ) feet; SOUTHWESTERLY by lot 72 , as shown on said plan, fifty six and 68/100 v ( 56 . 68 ) feet; and N NORTHWESTERLY by lot 139 , as shown on said plan, two hundred ninety six and 33/100 ( 296 . 33 ) feet . a Being shown as lot 140 , sheet 3 , on said plan. v So much of the above described land as is included within the limits of a said Clark Avenue is subject to its use by all persons lawfully entitled ra thereto, as described in Certificate of Title 3862 , and there is appurtenant to the said above described land the right to use all the streets and ways Q shown on said plan, in common with others entitled thereto. 4 And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws and that the title of said David L . Colpitts and Paula L. Colpitts to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting, and subject also as aforesaid; and to any encum- brances appearing on the back of this Certificate . MARILYN M. SULLIVAN, W ITNEss, Nd41 WA4V# F: pGpp� , Esquire, Chief Justice of the Land Court, at Salem, in said County of Essex, the twenty third day of December in the year nineteen hundred and eighty six at 12 o'clock and 20 minutes in the after noon. FoR. E Ofransfer Tertifirate of 0itir N°. 269633 From Transfer Certificate No. 6174 Originally Registered December 3, 1921 , in Registration Book 16 Page 3862 for the Southern Registry District of Essex County. 01 ois is t0 uertlfU that David L. Colpitts and Paula L. Colpitts, husband and wife, of Lynn in the County of Essex and Commonwealth of Massachusetts, are the owners) in fee simple as tenants by the entirety, of that certain parcel(s) of land situate in Salem in the County of Essex and said Commonwealth of Massachusetts bounded and described as follows; SOUTHWESTERLY by Clark Avenue one hundred (100) feet; NORTHWESTERLY by lot 127 , as shown on plan hereinafter mentioned, one hundred twenty and and 06/100 (120.06) feet; NORTHEASTERLY by lots 117, 116 and 115 as shown on said plan, one hundred four and 89/100 (104.89) feet; and SOUTHEASTERLY by lot 124 , as shown on said plan, one hundred fifty one and 71/100 (151.71) feet. All of said boundaries are determined by the Court to be located as shown upon plan numbered 7159-B, drawn by Eastman & Bradford, Civil Enginners, dated May 1, 1918, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with original Certificate of Title 3862 in said Registry, and the above described land is shown as lots 125 and 126 sheet 3, thereon. So much of the above described land as is included within the limits of Clark Avenue is subject to its use by all persons lawfully entitled thereto as described in Certificate of Title 3862 and there is appurtenant thereto the right to use all the streets and ways shown on said plan in common. with others entitled thereto. N 0 rn C) 0 a CANCELLED �y W . C Bt ��K 1 IM a SEE CERTIFICATE N0. 0 a ho C r C C E ti N N y N N C1 0 O U .a And it is further certified that said land is under the operation and provisions of Chapter 185 of the General 10 Laws and that the title of said David L. Colpitts and Paula L. Colpitts ro 0 to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting, and subject also as aforesaid; and to any encumbrances appearing on the back of this Certificate. Land Court WITNESS, MARILYN M. SULLIVAN,Esquire, Chief Justice of the/ , at Salem, in said County of Essex, the ninth dayol' April in the year nineteen hundred and eighty seven at 8 o'clock and 05 minutes in the fore noon. J I , Thaddeus G. Wlodyka of Salem, Essex County, Massachusetts being unmarried,for consideration paid,and in full consideration of $129,160.00 L L. grant to David Colpitts and Paula Colpitts, husband and wife as tenantl by the entirety of 17 Manning Road, Lynn, Massachusetts withquitrinim rnaeuantn thelandin Salem, Essex County, Massachusetts described as follows: [Deacripdon and mov bmrce,if any] 1. Lots 121, 122, 123, 124 and 155 on Clark Avenue in said Salem, formerly owned by Frank H. Batson. For title reference, see deed �N from the City of Salem, Massachusetts, dated June 10, 1957 and recorded /• 1with Essex South District Registry of Deeds in Book 4390, Page 383. 'j c ? 2. ots 125 and 126 Clark Avenue in said Salem, formerly owned by Frank r•' H. and Matilda T. Nimblett. For title reference, see Transfer Certificate of Title No. 6174 and Document No. 83212 registered with the Land Q Registration Office at Essex South District Registry of Deeds. 3. Lot No. 138 on Clark Avenue in said Salem, formerly owned by Herbert and Ethel Ham. For title reference, see Transfer Certifciate of Title No. �• J26708 in the Land Registration Office at Essex South District Registry L "V of Deeds. f�' 4. Lot No. 139 on Clark Avenue in said Salem, formerly owned by Abram / Simms et ux. For title reference, see Transfer Certificate of Title No. 26709 in the Land Registration Office at Essex South District GRegistry of Deeds. 5. Lot No. 140 on Clark Avenue in said Salem, formerly owned by Ida E. Burbine. For title reference, see Transfer Certificate of Title No. (� J 26710 in the Land Registration Office at Essex South District Registry �;l w of Deeds. All of the above parcels of land are shown on a plan on file in the Land Registration Office at the Essex South District Registry of Deeds, being Plan No. 7159B, Sheet No. 3, filed with Certificate No. 3862. •0- IflItueas...............hand and seat this................... . ...........day of .,cSGf.L!.f!...�t�...19 �6 .............................................................. . ........ . 7 . ...�� ..........................................................I....................... ................................................................................. ................... ....... . ....................... ............................................................................... 01]r f4nntmnnmealill of Aausarllnseita 11— /Ctlr ss. U-n...�L. o�� 19 k1b Then personalty appeared the above named - and acknowledged the foregoing instrument to be /Y free act eed, before me, m P/u'b'' Dry Commission E,ills.......�•/.Ci. 19r P-7 (PIndividual—Joint Tenants—Tcnantsin Common--Tenants by the Entirety.) ��j ¢ ¢ p y err No. )o`1. J ran!gfer Certificate of Tale. Doc. No. 238871 Transfer From/Certificate No. 57545 Originally Registered December 3 , 19 21 , in Registration Book 16 Page 3862 for the Southern Registry District of Essex County. Tfji!5 0 to Certifp that David Colpitts Of Lynn in the County of Essex and Commonwealth of Massachusetts, is the owner(s) in fee simple of that certain parcel (s) of land situate in Salem in the County of Essex and said Commonwealth of Massachusetts. bounded and described as follows: NORTHEASTERLY by Clark Avenue two hundred eighty six and 74/100 (286 .74) feet; SOUTHEASTERLY by lot 142 , as shown on plan hereinafter mentioned, one hundred sixty one and 69/100 ( 161.69) feet; SOUTHWESTERLY by lots 75 , 74 , 73 and 72 , as shown on said plan, on two courses measuring one hundred eighteen and 63/100 ( 118.63) feet and one hundred ninety two and 03/100 ( 192.03) feet respectively; and NORTHWESTERLY by lot 140 , as shown on said plan, two hundred sixty nine and 64/100 (269 .64) feet. All of said boundaries are determined by the Court to be located as shown upon plan numbered 7159-B, drawn by Eastman & Bradford, Civil Engineers,. dated May 1, 1918 , as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with original Certificate of title 3862 in said Registry, and the above described land is shown as lot 141, sheet 3 , thereon. So much of the above described land as is included within the limits of said Clark Avenue, is subject to its use by all persons lawfully entitled thereto, as described in Certificate of title 3862, and there is appurtenant to the said above described land the right to use all the streets and ways shown on said plan, in common with others entitled thereto. This. certAcate is issued pursuant to a Decree of Foreclosure under a certain Tax Taking being Document No. 133570 , all as provided in Section 85 , of Chapter 185 , of the General Laws, as recited in Order of Court Document 230456 in said Registry. The above described land is subject to the restrictions as described in said deed document\' 238871. 0 \ a v E c «a ro ro 0 rc 00 c c ro r- N ti a 0 U And it is fuaher certified that said Land is :order the operation and provisions of Chapter 185 of the General Laws, and that the title of said David Colpitts ro Q to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting, and subject also as aforesaid; and to any encumbrances appearing on the back of this Certificate. MARILYN M.SULLIVAN,Chief Justice WtTtaess, of the Land Court, at Salem, in said County of Essex, the sixteenth day of September in the year nineteen hundred and eighty eight at ll o'clock and 52 minutes in the fore noon. Attest, with the Seal of said Court _ Trar�gfer Certificate of Title. Doc.No. 2378501 Transfer From )Certificate No. 53634 Originally Registered December 3, 19 21 , in Registration Book 16 Page 3862 for the Southern Registry District of Essex County. Us ii' to Crrtifp that David L. Colpitts and Paula L. Colpitts, husband and wife, of Lynn in the County of Essex and Commonwealth of Massachusetts, are the owner (s) in fee simple - as tenants by the entirety, of that certain parcel (s) of land situate in Salem in the County of Essex and said Commonwealth of Massachusettsbounded and described as follows: :NORTHERLY by Clark Avenue one hundred seventy two and 26/100 (172.26) feet; NORTHEASTERLY by said Clark Avenue one hundred ninety five (195) feet; SOUTHEASTERLY by lot 144, as shown on plan hereinafter mentioned, four hundred twenty two and 32/100 (422. 32) feet; SOUTHWESTERLY by lots 80, 79 , 78, 77; 76 and 75, as shown on said plan, four hundred seventy four and 09/100 (474.09) feet; and NORTHWESTERLY by lot 141, as shown on said plan, one hundred sixty one and 69/100 (161 .69) feet. All of said boundaries are determined by the Court to be located as shown upon Plan numbered 7159-B, drawn by Eastman & Bradford, Survevors, dated May 1, 1918, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with original Certificate of Title 3862 in said Registry, and the above described land is shown as lots 142 and 143, sheet 4, thereon. So much of the above described land as is included within the limits of said Clark Avenue, is subject to its use by all persons lawfully entitled thereto, as described in Certificate a of Title 3862,. and there is appurtenant to the said above described land the right to use all the streets and ways shown on said plan, in common with others entitled thereto. a Q I c r U) _P a. C c U 'L5 And it is further certified that said land is under the operation and provisions of Chapter 185 of the General Laws, and that the title of said David L. Colpitts and Paula L. Colpitts to said land is registered under said Chapter, subject, however, to any of the encumbrances mentioned in Section forty-six of said Chapter, which may be subsisting, and subject also as aforesaid; and to any encumbrances appearing on the back of this Certificate. MARILYN M. SULLIVAN Chief Justice WITNESS, {91 7f� Esquire, jia of the Land Court, at Salem, in said County of Essex, the twelfth day of August in the year nineteen hundred and eighty eight at 8 o'clock and 52 minutes in the fore noon. PLC*�Zdlrin _ wossrc _ $2,p aloin i _ 2- CITY CITY OF SALEM ; LERK OF THE WORKS DAILY REPORT CCN TP.AC T LJCF,TIO^J CONTR4CTuR TEMPERATURE 4 C? �� o WEATHER �v v a 540 e � Q 1wr �/ �- n �l0•t GJlLJ1 �(ra �Xra� ✓ . arPr( N � 1 D � n� n � 4 /Vr00B� � Gar�r Av' g gom a �� b ✓slN$ df ov 0/1er nt11a lz41 iar17 D Pi-�` �—orL �+ .L r ,1y �s n A ' 0 r, rA ypv r Ola ) 4rA? S D ✓! O7 roS�� wT oljl ►V/ t OruQV 0 c ease � F /CO�v /�s / Wu,S --d„rh `!F iYiliJ' el-< <v� ad aL h T" C1es WE► t J rU e �c ln4 M ✓� �r/y/�+2 / h1 ey�rP/S 12 y �D l 9f�lRad �� CITY OF SALEM L ' . ERK OF THE WORKS DAILY REPORT _ l9D L�)cATioN CONTS ;CTuR TEMPERATURE 3 cS * ',50 " WEATHER �� t V- Z V, h CI r '1`v Tv r� Qri Q V'P I _ _ _ 9 1� arlv� � /e l ' h wr rzof W .2 Aad AF a. • -- _ �� nn r ih �i lJ �rPc ins Sl7r ►Vcn a vP 0 � � e;nnature CITY_ OF SALEM S CLERK OF THE WORKS DAILY REPORT DATE CONTRACT A v-e LOCATION G I�' r � CONTRACTORII D ' p I S WEATHER CIO v dy— Sn D w TEMPERATURE Z D 3 D B AJ 0700 14r3 Ihui �2r l� va,� l� v �� ons . J`e / o o p.r Ct G rt Vl Til �1�ri v v,§- rt 4q��YL J r d n I C we, j s- AvlDown 4t 930 �rs Meel wlAl�v • JdAn Vallis — CvlPi7�s .0•svl�s x fo--71L// MaL -tlwJw,!/ ba /reMvvr ioo ' ��v�•+ (� u/ �{er 14 OL ci s t,n d t Not N/ Rales i h 1l e d Chvsh , i c P. G w.!l be C1c erec� v '�• _ old e a v- Jnr, 1J toe r P m n p d ,ha N OO- wa6S rv, 11 be G leanea� /-112 LOP s o o,� �-�/I o a 11� . e n/8,�-M I o S P/" b v t.5 v dy dlrPt Tien t`row /� ilY Vw �� / s + v C e as a Des /s f v m i 6/ a, ' / PE th-e e Love j�XHe co oiI j Signature r _ m It r� The Salem Conservation Commission is claiming that Lynn developer David Colpitis dumped more than 100 truck loads of illegal fill into the`s wetlands off Clark Avenue , The S.M.Nema City decries dumping of fill in wetlands A News staff report Vallis, the Conservation Com- ^ SALEM — The Conservation °It Was the single Most flagrant violation of mission's chairman, didn't take Commission is demanding a meet- part in the commission's dis the Wetlands Protection Act that I have ever ing with a Lynn deveIt.per who al- cussion on the enforcement or legedly dumped mdre-,than 100 seen.° ders last week. ' truck loads of illegal fill into wet- William E.Luster, lands of Clark Avenue. Salem city planner Commission member Bet o Horne said it was proper for V `The commission,which banned lis to step aside. the fill operation when it was pro- posed two years ago, issued two noted earlier decisions that man- dozen other lots in the subdivi- Several houses have been built more enforcement orders last dated that the fill couldn't be sion. in the subdivision already, and week against David Colpitts. placed on the site. The subdivision of the parcel is did not cause controversy con- i Colpitts is subdividing lots and Luster charged that Colpitts ig- also being debated because of the cerning the filling of wetlands. building houses in the area across nored those decisions and filled restrictions attached to the deed 4; from Rich's Department Store on the wetlands anyway. by the city at the time of sale. Luster said Colpitts has been Highland Avenue. asked to appear before the Con- Some of the land was included City Solicitor Kevin T. Daly servation Commission on Feb. 28 "It was the single most flagrant in a parcel bought at auction from said any subdivision of that for- to answer questions about the violation of the Wetlands Protec- mer city parcel needs city council tion Act that I have ever seen," the city about two years ago. and mayoral a filling operation. approval within five said City Planner William E.Los- Luster said it was his under- years of the city's auction of it. Luster said the commission cane ter. standing Colpitts wanted to to Colpitt's attorney, John Vallis, order him to remove the fill en Luster, who wrote the orders subdivide that parcel and sell off could not be reached for com- tirely or take other enforceme with the commission's backing; a house lot along with a half ment. action. 1p +b b" t f _ - ' pen A. Bilyj over, Funeral ome,Salem. / , Ipswich; a son, Benjamin l he II of Hampton, N.H.; a DEATHS her,William J.Bowes of Mid- 7 on; a sister, Rita M. Antos of istoW, N.H.; a stepson, Rich- BILYJ -of Peabody, Feb. 20, Anna son Ave.,Boston,Mass.02118. North St., Salem, to be followed by a / Pickering of Florida; a step- Mary (Holda) Bilyj, of 4 Jacobs St., CRONIN-Of Lynn,Feb. 19,John J.of funeral Mass at 10 a.m. in St. James ghter, Susan Singer ofHamil- wife of the late Nicholas J.Bilyj.A fu- 64 Gertrude St., 74. Brother of Mary Church. Relatives and friends are re- y four grandchildren; four neral service will be held in the Holey, Marion McLaughlin, Marjorie �spectfully invited to attend. Visiting grandchildren; three great- O'Donnell Funeral Home,46 Washing- Dalton and Phyllis Colombani. Fune- hours today,2-4 and 7-9 p.m.Burial at grandchildren; and SCVBCal ton Square,Salem,Saturday at noon. ral from the Cuffe-McGinn Funeral St.Mary's Cemetery.Those who wish y ces and hinephews' hews.' Relatives and friends invited. Inter- Home, 157 Maple St., Lynn, Saturday may make a memorial contribution to P ment in Sl. Mary's Cemetery, Salem. at 8 a.m. Funeral Mass in St. Pius V the Donenico Mizzi Scholarship Fund, he was the daughter of the Visiting hours Friday,2-4 and 7-9 p.m. Church at 9 a.m.Relatives and friends c/o Salem High School, 74 Wilson William J. and Elizabeth A Panahyda service will be held Fri- respectfully invited to attend. Friends Road,Salem,Mass.01970. 1 es. day at 8 p.m. may call Friday, 24 and 7-9 p.m. Do- O'BRIEN-Of Ipswich,Feb.20,Eva M. nations may be sent to American Can- O'Brien, wife of the late James P. ' BLANTON-Ofn, 60,elf Feb.20,Wil- y t funeral Mass will be Cele- liam B. Blanton, 60, of 15 Andrews car Asso., 23 Central Ave., Lynn O'Brien. Daughter of the late Octave i ted at 10 a.m. Saturday in St. Road, husband of Barbara A. (Ang- 01901. and Alma(Polvin)LeBrun.She is sur- ti y Star of the Sea Church. win)Blanton.Visiting hours in the Pe- DI BATTISTA -Of Lynn, Feb. 19, vived by a son, Alfred O'Brien of y terson-O'Donnell Funeral Home, 167 Dante P. of 58 Clark St. Age 68. Hus- Calif.;three daughters,Mrs.Alma To- 5 Maple St.(Rte.62),Danvers,Friday 2- band of the late Evelyn M. (Lynch) Di biasz of Ipswich,Miss Mary O'Brien of ' 4 and 7-9 p.m. Relatives and friends Battista. Funeral service at the Cuffe- Brookline and Mrs. Alice Parley of r invited. Expressions of sympathy in McGinn Funeral Home,157 Maple St., Rowley;-a brother, Hector LeBrun of his memory to the North Shore Re- Lynn, Friday at 11 a.m. Relatives and Beverly; a sister, Mrs. Henadine gional Dialysis Center at Beverly Hos- friends respectfully invited to attend. Beaulieu of Salem; 13 grandchildren; " pital, Herrick St., Beverly, Mass. Friends may call today, 2-4 and 7-9 six great-grandchildren.Mother of the William W.erectHoefit,33,of 34 m. late James O'Brien and Jean Ann ' ker o s Everett ol speeding, 01915.Burial will be private. P BOHANON-Of Salem, Feb. 19, Mar- FAY-Of Florida, formerly of Melrose, O'Brien.Visiting hours Friday,2-4 and , re to stop for police officer, ion Gohanon,77,formerly of 27 Char- Feb. 18, Frank P. Fay.Husband of Do- 7-9 p.m. at the Carleton Funeral , ing to endanger,stop sign vio- ter St.,daughter of the late Ralph and rothy(Ring).Father of Robert F.of Vir- Home,45 North Main St., Ipswich.Fu- n,operating after suspension Grace(Littlehales) Bohanon;sister of ginia,David P.of Florida,Donald A.of neral Saturday at 9 a.m. at the Carle- y ense,marked lanes violation, Charles, Ralph, George and Roger Melrose and Edward C. "Ted"of Mal- ton Funeral Home followed by a Mass ult and battery on a police of- Bohanon, Dorothy Gorman, Esther den, Dorothy Crane and Norma Mc- of Christian Burial in the Church of St. (Michael Conti), Route 128, Chase and Ruth Tannatt. Funeral Nulty, both of Danvers, Virginia Pan- Joseph,Ipswich,at 10 a.m. Ody, Feb. 18. Due back in service Friday at 11:30 a.m. at the zer of Beverly and the late Ruth E. PICKERING-Of Beverly,Mass.,Feb. t April 4. Murphy Funeral Home,85 Federal St., Fay. Brother of the late Guertin Fay 20, Evelyn T. (Bowes) Pickering, 65, cor. of North Street, Salem. Visiting and Norman Fay. Also survived by wife of Ralston F. Pickering, formerly , session hours today,2-4 and 7-9 p.m.Burial at several grandchildren and great- of Ipswich, Mass. A funeral Mass will , cases in the jury-Of-six ses- Greenlawn Cemetery. grandchildren. Funeral from the Rob- be held Saturday in St. Mary Star of heard by Judge Maria Lopez: BRYSON-Of Beverly,Mass.,Feb.19, inson Funeral Home, 809 Main St., the Sea Church,253 Cabot St.,Beverly ti Norine V. (Hartign) Bryson, 78, hus- Melrose, Monday, Feb. 25, at 8 a.m. at 10 a.m. Visiting hours at the Lee, hristopher J. Jacobs, 23 a , of band of Everett a Bryson. Mother of Funeral Mass in St. Mary's Church, Moody and Russell Funeral Home, 9 Essex Ave.,Gloucester-con- Edward E.,Frederick C.and Wayne S. Melrose, at 9. Relatives and friends Dane SL, Beverly, Friday,2-4 and 7-9 ey.With Paul French to vio- Bryson,all of Beverly,Judith G Tolan invited.Visiting hours Sunday,24 and p.m.Those who prefer may make me- controlled substance laws, of Colo. and Victoria J. Bernard of 7-9 p.m. Gifts in his memory may be morial contributions to Hospice of the ;sesr3lon of Valium, at 38 Windham,N.H.A private funeral serv- made to the Melrose High School per- North Shore, r t High St., Danvers, '. psfleld Road, Ipswich, Oct. 30. ice will be held on Friday. There are 1manent92,Melrose,scholarship fund, P.O. Box Mass.01923,or to the charity of one's 4 192,MeMass.,0field choice. mussed, Charges dropped by no visiting hours. In lieu of flowers, JACKSON -Of Lynnfield, Feb. 19, POTHIER -Of Marblehead, Feb. 18, trict attorney.Conspiracy with memorial contributions may be made P y to the Hospice of the North Shore, 12 Howard "Joe" of 6Fr Salem St. Hus- Louis Pothier, husband of Mary ul French and Mark Stillman band of Mrs.Lydia(Frei)Jackman.Fu- (Brown) Pothier, father of Edward, violate controlled substance High St., Danvers, Mass. 01923. Ar- neral from the Solimine and Rhodes John and Richard Pothier,Janet Wall / rangements by the Lee, Moody and Funeral Home,67 Ocean Sl. Rte.1A and Carol Neumann,former chief dis- t s;guilty,$250 in fines and$30 Russell Funeral Home, 9 Dane St., ( ) , victim witness fund. Beverly Lynn, on Saturday at 9 a.m. followed trict dispatcher for New England Douglas L. MacArthur, 29, Of CHAMPAGNE -In Salem, Feb. 18, by a funeral Mass in Our Lady of the Power Co.Funeral Friday at 9:15 a.m. g Assumption Church, Lynnfield, at 10 from the Murphy Funeral Home, 85 i yer Court, Danvers-operat- Eliza B. Champagne, 84, of Danvers; a.m. Relatives and friends respect- Federal St.,Cor of North St.,Salem,to r under the influence of alcohol daughter of the late Arthur and Aura- fully invited.Visiting hours tonight,7-9 be followed by a funeral Mass at 10 .cond offense),in Lynn,Nov.27, lie(Gagnon)Champagne. Her funeral p.m. and Friday,2-4 and 7-9 p.m. Do- a.m. in Our Lady Star of the Sea F 9.Guilty,90 days in the house will be held Friday at 9 a.m. from the nations in his memory may be sent to Church, Marblehead. Relatives and Cahill-Brodeur Funeral Home, 20 the National Shrine of St. Jude, C/ O friends are respectfully invited to at- " COCTCCtIen, suspended with Church St.,Peabody,followed by a fu- Claretian Missionaries, 205 West lend.Visiting hours today,2-4 and 7-9 , bation for two years, 14 days neral Mass celebrated by her brother Monroe St.,Chicago,IL.60606. p.m. Burial in Waterside Cemetery. t e served in alcohol treatment the Rev.Robert E.Champagne S.M.at MILLER -Entered into rest, Feb. 20, Those who wish may make memorial ;ram at Rutland Heights 10a.m.in St.John's Church,Peabody. Elizabeth (Zetter) late of Salem. Be- contributions to the Star of the Sea e Hospital,two year loss of li- Relatives and friends are respectfully loved wife of the late Abraham N. Christian Service Commission,85 At- + e, and $50 for Victim witness invited. Visiting hours today, 2-4 and Miller. Devoted mother of Harold and lanlic Ave.,Marblehead. ' 7-9 p.m. Parking adjacent to funeral Jan Miller of Su . Driving t0 endanger, Oper- home, handicap accessible, located garland,Texas,Lionel SAULNIER -In Gloucester, Feb. 18, 5 ting after suspension of license; and Aida Miller of Alexandria,Va.and William,of 261 Newbury er Peabody. ) uilty,filed. next to St.John's Church.Burial at An- the late Ann Halpern. Dear grand- Husband of the late Theresa (Spin- II nunciation Cemetery, Danvers. Me- mother of 11 grandchildren and 17 ner). Funeral services will be held in , 1 morial contributions may be made in great-grandchildren. Services at the the Stockwell Richardson Funeral her memory to the Marist Fathers Pro- Stanetsky-Hymanson Memorial Cha- Home,114 Central Street(near Wilson mous women vincial House,27 Isabella St.,Boston, pel, 10 Vinnin St.,Salem-Swampscott Square) Peabody, on Friday at 3 p.m. Mass.02116. Line on Friday,Feb.22,at 11 a.m.Me- Relatives and friends are invited and " COUSINS -Of Wenham, Mass., Feb- morial Observance Friday only at the may call at the funeral home on Friday garet Mead, playwright-ambas- ruary 19,William J. Cousins, 74, hus- late residence 7 Clifton Avenue, Sa- prior to the funeral service starting at , Luce and Mary Stuart,Queen of band of Olga(Bergeson)Cousins and lem. In lieu of flowers,expressions of 12 p.m. who Works on the Magellan pro- father of William J.Cousins Jr.of Wen- sympathy in her memory may be TERRA -Of Peabody, Feb. 20, 1991, ' 'repulsion Laboratory. ham. A funeral service will be held made to the American Heart Associa- Maria G. (Serpa) Terra, of 22 Tracey Saturday in the Lee, Moody and Rus- tion, 33 Fouth St., Needham, Mass. St.,wife of Jose Terra of Peabody.Her `atively named after Stein was sell Funeral Home, 9 Dane St., Bev- 02194. funeral Will be held Saturday at 8 a.m. new pictures of the meteorite erly, at 11:30 a.m. Relatives and MIZZI --Of Salem, Feb. 19, Domenico from the F.L.Conway&Sons Funeral ed by the National Aeronau- friends are invited to attend. Visiting Mizzi,of 37 Bellevue Ave.,husband of Home, 12 Chestnut St., Peabody, fol- inistration. Those Craters - hours are Friday, 2-4 and 7-9 p.m. the late Ellen(Kennedy)Mizzi;brother lowed by a funeral Mass in Our Lady + Those who prefer, may make contri- of Harry Mizzi and son of the late Jo- of Fatima Church, Peabody, at 9 a.m. es, 6.8 miles and 8.7 miles- buttons to the Memorial Fund of the seph and Grace(Rizza)Mizzi.Funeral Relatives and friends kindly invited. meteorite broke into three First Church in Wenham or the Parkin- Friday at 9:15 a.m. from the Murphy Visiting hours today,7-9 p.m.and Fri- et. son's Disease Association,720 Harri- Funeral Home, 85 Federal St., cor. day,2-4 and 7-9 p.m. .2w ZYel'o-n gioo C.1�/7�///�ro� 5�l-�i r%A�.✓7'�/Y� .9y�CfiL�ly /�%DO CITY OF SALEM, MA FAX COVER. LETTER FAX (508) 744-5918 DATE. eCJ, TIME. FROM: S/al2i7 Jp�OTJ SP/ l/ 7OY7 C�min/ /�n DEPT: TO: "h 4-tf SUBJECT: r=ill leay�,ncl Jeer l�lc�d CO 411d �Q�p�ih has sic ased� ��r��!-���ed fa7O ,Deer l�/ted, 1�� hay 5i� as g cs die �p�l i5 ha f C '' /z T/11 �o /ley 6Z /7 GvE air 1 D17Vel 6 c�oi�n �h s vrq �J° mf��o�rtiir ai�f� apply0�tA WE ARE TRANSMITTING THIS AND PAGES (�I Y!U � � QUESTIONS OR PROBLEMS, PLEASE CALL US AT S� ASSOCIATES,INC GeOtechnlcat Engineers September 10, 1990 J. M. Cashman, Inc. 77 Federal Avenue Quincy, MA 02169 Attention: Me. aruce flood Reference: Deer island; Hoeton, Hassachuaetts - Evaluation of Glacial Till Soil Samplae Gentleman: In response to your recent request, samples of the on-site natural glacial till from the Deer island project site wore submitted for chemical analysis as a check for the absence of common environmental contaminants so that the glacial till soil could be disposed of off-site as unregulated soil in accordance with current Massachusetts Department of Environmental Protection and U.S. Environmental protection Agency criteria. in addition, we are also commenting on the suitability of the glacial till for reuse as structural fill. Selection of the specific chemical testa was oriented towards detecting a broad range of common environmental contaminants including volatile organics, pesticides and PC8's, 'heavy metals and petroleum hydrocarbons. Results of these chemical analyses are enolobed herewith. Following is a discussion of these test results. A. volatile Organic Chemical.Analysis 5 A sample of the natural glacial till was analysed for the presence of volatile organics in accordance with TPA Method 8260 to provide an indication of the presence of volatile halocarbons and volatile aromatics. Results indicated that the levels of volatile organics in the soil were below their respective method detection limits. Honest it is considered that volatile organics do not have a present impact or threat of impact on the glacial till scila at the site. 30 Nodolk Street Camhddge, Massachusetts 02139 IUMW"Wi J. M. Cashman, Inc. ASSOCIATES,INC. Septamber 10, 1990 Geotechnical Engineers Page 2 a. Pesticides/PCB's Chemical Analysis A sample of the glacial till was also analyzed for the presence of pesticides and PCB's (EPA Method 8080) . Results indicated levels below their respective method detection limits. Hance, it is considered that pesticides and PCSfs do not have a present impact or threat of impact on the glacial till soils at the site. C. Heavy Metal Chemical Analysis Levels of heavy metals (RCRA-6 Metals) in coil can be analyzed in two waya: first, by a aimpler and less- expensive nrecoverabla metals" teat referred to as Total Metals, and second, by the Toxicity Char- acteristic Leaching Procedure (TCLP) . The RCRA-8 Metals are arsenic, barium, cadmium, chromium, lead, mercury, selenium and silver. Recoverable levels approximate the total concentration in the soil and, as such, include metals that may be found in soil grains, in organic matter and as free metal. The TCLP test Measures the "leachabilityn of heavy metals from soil and, thus, is more indicative of the potential for release to the environment. Soil is considered a hazardous material under Massachusetts lax if its heavy metal concentration, as determined from the TCLP tent, exceeds the Maximum concentrations contained in the Federal Register Part Iit Environmental Protection Agency (EPA) 40 CFR Part 261 at al. Furthar, Massachusetts law has no standard with regard to hazardous levels of "recoverable" metals in soil. The results of recoverable metals analyses indicate very low levels Of arsenic, barium, cadmium, chromium and lead in concentrations of 9.7 mg/kg, 31.1 mg/kq, 3.9 mg/kg, 19.4 mg/kg and 21.4 mg/kg, respectively. These levels are typically near the low end of the reported range of concentrations found naturally in soils in the eastern United States. Results are presented on Table 1. The maximum non-hazardous TCLP Concentra:ions for arsenic, barium, cadmium, chromium and lead are 5.0 milligrams/liter (mg/L) , 100.0 mg/L, 1.0 mg/L, 5.0 mg/L, and 5.0 mg/L, respectively. ASSOCIATES INC J. M. Cashman, Inc. i September 10, 1990 Geotechnical Engineers Page 3 Given that soil samples are diluted by a factor of 20 in performing TCLP Extraction , the corresponding maximum concentrations for the above metals could only be approximately 0.5 mg/L, 1.5 mg/L, 0.2 mg/L, 1.0 mg/L and 1.0 mg/L, respectively, and hence well within the allow- able limits. Therefore, it is our opinion that none of the above metals are present in significantly soluble concentrations. Hence, heavy metals are considered to not have a present impact or threat of impact on the soils at, the project mite. D. Total Petroleum Hydrocarbons by Infra-Red Analysis A sample of the natural glacial till was analyzed for the presence of total petroleum hydrocarbon (TPH) concentrations by Infra-Red (IR) analysis to provide a general indication of the presence of petroleum products in the natural glacial till soils at the site. Results indicated a TPR concentration below the method detection limit of 40 parts per million (ppm); hence, the natural soils are not con- sidered to be impacted by the presence of petroleum product. The current Department of Environmental Protection action for regulat» ing off-site disposal of excavated' soil contaminated with total petroleum hydrocarbons is 100 ppm.. In conclusion, given that the levels ,of vol'atila organics, pesticides and PCB's, and total petroleum hydrocarbons were all below their respective method detection limits, and that the concentrations in which various heavy metals wera detected are normal background levels, it is our opinion that excavated natural glacial till Exam the Doer island site, as represented by the samples tested, may be disposed of off-site no unregulated soil in.' accordance with current DEP and EPA criteria. In regard to the potential re-use ,of the glacial till, it is an excellent material for structural fill when placed and Compacted under properly controlled conditions. Generally, it is a well-graded gravel, sand and gilt (about 35 to 40 percent fines) which in readily compacted at its natural moisture content to 95 percent of its modified Procter density (130 to 134 pcf) ; however, it should be used only during dry, non-freezing conditions. Further, compaction in lifts is facilitated by a very low percentage of boulders. J. M. Cas2nnant Iao. ASSO-Ak INC septembeF 10. 1990 Page 4 Geotechnical Engineers We treat that the above i9 sufficient for You= Pteaent reQuirementa. Should You have anY questions concerning the above' please coatact us. Vary truly yes' Mc HML ASSC)CIATES, INC. ambroaa J. Donovan Robert E. McPhail, P.E. Enclosure 2301 R8t!/a jd Cis Camp,s ton . C.acr���c�'.�c� - �c� Cc�G�e.2 � -�K�-B s � Qo77 ceittiso Kp � 1 61, � _ � � ol �� - • r � � - - , ,, ;: �Gc�f Hi-a alv& f�- M 60 \\ V Q c <\ /0 �° o � 89 14, 669 6 ~' S.E.D. 1989 p B.O.A. 1988 / X26 B.O.A. 1987 i >6 88 �9 21, 926 s' ^ti�.z�" REV. BY B.O.A. 1986 'oo REV. BY B.O.A. 1985 o> > �Zsea 8 3� REV. BY B.O.A. 1984 s °o 8 2 5000 coF 1166e 986 �+ REV. BY S.E.D. 1982 s4�E es do El 79 M s 8 Ar v° A R K ' d0 80 /o /0,900 S 35- 3 s s0OOs 13,9 ol ;19Sit, /s ° 8384 /6. °CC 19 1®� ?ro oe 100" � d° /P S Td° \AA ' � w Ler,4 4 s° �a as z" `ee /k o 3° ,g /3.89 AC / X90 7 ?.369 / s0 ie 130 106 p � o [ 23 g O to 2 16000 15245 1 Q a �2',9B 131 \ /6/65 Z PARKING AREA to/ 2 / 122 b h O �! / / n /2733 Cb w /O,> v /s, oo P _ _ 132 S.E.D. 1981 't �' ip& /,05 AC _ S.E.D. 1980 7 AG �5�0 — ALL AV/S 1979 AVIS 1978 / REV. BY AV/S 1976 CITY OF SALEM / Nr `r 501 PUMPING STATION �9SQ � '� REV. BY /// /974 59 0 o v o _ � REV, By AVIS 1973 vv o�° �F 01 2 '3 S ��1 /,�'L �/ 00'1 x 24 90841. / A8U — // 3c 29650 Jam. / � \ 51\71 /cam \ 40 �� �\�9�" '�,, 9A — — if, a c 4u 11 4(1 141 i?d` g 367 P Q S ` _ /• ~ coq T ' ' I' \ •\� '-0000 o % ° C/T S — — \�� 1181 Y o,� J AVENUE — 0 o q --------- 27i q 2 Q Q 10 x ',1 vZ-54C 2.9 AC ^ S M O \ g P 9? w m y /�3. m `R o \��Yti1 q� sO-s 2X399 519 �� o //AC.S S Nv, �' 29 s \ 240 ,� 6, rte. S.6 AC hb•J 4C 9 0 'o0C \ \ \ /3.41 AC sB9d sJ\s s 70-s m bb 3 / f` �0 U N �o. 2, , m o e 9y0 S �\ `\ .,.5 so so,s A V E8 e0 _\ / s — _ vz 4 b '90 P 110-S q o �� �2e � e - �\ c. 4 es. — — — 43 B 339 .3 12 / s4 0 Q a X00,8 ` \ 26� 4 s Q� iJ 6508 / .3/ 2. o b \ 60 >o S 1�/. - 1[i . 9B, Q o 3 \ s 60 s cu � 9 6 33 C/T ieO k�VF eJ s �2 _- 11L,/ CITY OF SALEM N H `050 h 9 0 •� Y °F '944 s �� ??• 1, Sq' 130,0 F,y 60 ha a \ — CONSERVATION COMM. A, 1964C- 'T 96,40'T ° bo 600 Od s S w A M � P Sc Os?39 o y Qv 0 0 /° ` 111L - /+ ul tlG _uz \ __ 24,391 i �� 89 / 14,669 S.E.O. 1989 B.O.A. 1988 2 B.O.A. 1987 i 6 88 ��� 2/, 926 REV. BY B.O.A. 1986 / �\ '9s ^ ti ti \ /00 REV. BY B.O.A. 1985 r so �2�� 8 , REV. BY B.O.A. 1984 o0 S0 0 CITY 1166-& 86 \s � REV. BY S.E.D. 1982 S4LEM 9BPi Asa -- - z1 ac 50 79 80 8$ v° CLARK aO dQ pp S 1000 p /38 /4'900 35-6 rl ° 6 ' ao O 3000 8/ 8 e e a 15000 3 84 �B - /6 62S l24 Opp 02 B /9 I \oe ,00 a0o �r ST�R a0 \�. - a 1p E E r/� `ee t o a 90 C ^�s9 /l23 so 0 O 105 g O ^ 'bo0 131 m 2, /6000 15245 0 \ /6/65 b 122 �h ILL,/2753 --- 0 0 -- - \\1 /07 �� /5,00 �pf. '� \\�23 ,►l, _ 132 S.E.D. 1981 0 O ,► \5006 ►� _ S.E.D. 1980 �lll. AVi S 1979 AG •* AVIS 1978 4' 9? 76 r, •,� �12 REV. BY AV/S l9 - \ °SF,y r REV. BY H/ /974 \\ 60 $ $ Fy \\066 REV. BY AVIS /973 —- Z 2 \\000 \` ALL, \° V ; 'r .. *r ..:41. - 000 \ $ _ 29650 \ \\ V �_f•�� ULA- - 7 4C 9AC Ic CD' ZI C'Z . /? J 367 N E U Y J AV E _ bOP ° 27 AFM i \� � ---,' moi 400 2 '"SO 275-- -- - - a 10 IP 3 �8 � P..?AC 2.9 AC /2500 23 9y J 'fl /?a s \ \ e �YM 10`5 ??399 4 ?6 5.6 AC I 1 00 e 9 9 s '4D.a c uo * -LLL '4C /3.4 AC \ E bd ` �f \l� 30 //Os 2/S i� 9 9Bp S s — 34 4 � .90 ti '1 1LLL AIL 1/i .3/ Q7 c ` ^ 60 �p s 33 9903 c,rY /e0�ok��F eJ S 4 — CITY OF SALEM °F '94 �' , '�e2 — 1►l� CONSERVATION COMM. /3? FM Air iii as a /Oa,s �e e \ 1 9 O 111E 24.3 9, 1 130 128� w -17 CL ARK , a 9 i2g. AVE �'' -, ' ' .2 PA VE 128.9 T1.44N-AROlA1Q'J . r ;.l 121'5 i2�p 1289 121.3 136• � ZA- SECNT86 74 /40 IV / 12 a • `Q 126 go 138 n 125 / 36 J A PROP. ACCESSORY BL DG. QIt 136 1 �9 6 /�• , • /– FL R.= 125 12p1 /34 PROPOSED FOUNDA T/ON 132 p ug.6 �-- �� `— U9; AR. G 139 � • • —_ /32 p TOP FND.= 1416 11F, ��' /.j0 0,5P 33 � ,G, _ • • �y.l , ' va \ 1 IIa.B . . .uNOARy . I p. Bp 1�6 0 �B 1195 gJ1� HAY, S �7 — . — _ _ //6 3 1269 .'•• � x I`1 � 1_ –�I //4 P�05 at l 1a3 _ 0.9� I 4 ?Q • . . '• • BP�ES X39 / . � 5;5? 0/9 S. c • pgl �A� 5��F / N/F Spence 1,� 3 Acres 4 1,20.6 06-A p5 x.01, E 0E NO E• THIS L O T /S C/T OWNED, r. / UNDER A GREEME NT WITH DA VID COLP/TT.' • �a /18.63 X30 ••• �I 122 1115e0o, 9 120 • 8 PL OT PLAN 11� / EX/S T/NG C0//TOURS ARE DA SHE, O L/NES. IN PROPOSED C ANT OURS ARE SOL IZ LINES EL EVA T10,4 IS ;R,7 ON THE SALEM SALEM, MASS. 1� C/TY BASE. f _ FOR DAVID COL PIT TS lH F M9; . G NSF se -rnr,r,_,s or SCALE /'=20' MA Y /988 �•Yii: ,:o't r• L ANDMARK ENG/NEER/NG 8 SURVEY/NG INC L YNN, MASS. F Moteluras N� 130-9130 81 1213 CL ARK ti �'*o/ 135? _ 174.9 12e 6 �, PROP SED ,Q �/E, a / 9T o PA VE.13 • •�6 13 TEMPORARY A TURN-AROLJND I?'- EA SEMEN T 2'EASEMENT 86 74 a /4012�6 �gO \ / IZ 126 a X26? IZO .00011, l3B 3�2 2 2' 132 8 R=25 i 13T 5 1�6J O A 12 /�3• � /5' 4 126' PROP. ACCESSORY BLDG, 131318 A 136 'II 9. 1 IZy6 . • ' g. . , FL R.= 12'4 01 /34 PROPOSED FOUNDA TION 132 IZ AR. 139 /31 0 TOP FW_ /4/,6 4/. 120 133 /5" //8 � jJ 7J 8 89 114. • • . � 12 16 130 1151 BOUNDARY 13 HA Y SAL ES 30, 114 '05 111.1 •'�(�'P� / IIZ3 _ _ . — — 1119 8 / J15. . • PEES 1139 • ' ' gl P� B � 58, 0/9 � S•F, 11 N N/F Spe.we " /.33 Acres A: 06 1154 i 12 116 4 I�T E 6 E NO TE THIS L O T/S C/T Y OWNED, 124 6 UNDER A GREEMEA T W/TH DA VID COL P1 TS. c� 115 6 llB.63 lo.0 122 •'• IIT 5 1129 12u i EXST/NG CONTOURS ARE DASHED L/NES. PL 0 T PLAN PROPOSED CON TOURS ARE SOLID LINES /N 0-- 113 1i2� EL EVAT/ONS ARE ON THE SALEM SALEM, MASS. CITY BASE. � X92 03 FOR DAVID COLD/TTS cK�� S NSF � P m,,�,,s ^; SCALE /'_20 ' MA Y /988 r 'vo 91 A LANDMARK E,NG/NEER/NG 8 SURVEY/NG INC Motefur'as L YNN, MASS. N%� W-W WIT .w�..+r�wwuM...r.,.....+ri...+r•....+w:rwRi...-va.yrMwr�gii�r�Ipr M�..nrMliY:f w...wM.w,rwaw �A t ,Av 64 tNEC TIN y •- - tip'' t=_: <av ;: - � - ,n°F .+: < ;'A �•• �'��t �a� r� :' _• ` ,{.Sir, '!..... - �. A ., _ ..-:'. r^ " r�� rlri tel/ -`.� '3o- '•b.. '�� [ � *F •:S, 5 1 ,� _ µay s T-: a.- K,. ..,: '. ',, :.. \ 1._~+r,r..r� T' F` :�•�'ik�-� fie. - - '�•�,.�., ...,.,++ .,.Y,. +l.� »� _ ,tr �'�- � - c a p _ I , r , �; �'; -� ice_ ,... x;.�: .. •, . � _ ::t3: _ � ~�-� ..._�.�.,,,_ F 4 , .a ,,,., _ t r wwu, - All Ji .t r , , Fi' ti , +.M�• h , �� ,r�-. ,.n - �n,� F",,Y k ..;S-..- - -`� ""'8 0.i` ""nrn'..'� :s'�"�r„_ � }•i. •s..,..,,,,..,,�� �L. ' u.. YF �,�'3 ✓ t - - _ _ a. ` may , .!' n - ;.� � :tit - :. E r/ a: aAlp a- Y X: i 9 , 1 ' ..�y.. �:. -:. .- ,.n ..-. -. -. .. , _•,fi -_ -,. .tom. ca a j • .. _ :ice _ _ 'r '. .. ti•- _..-..:..as-:a_.e� _. .— '�k T.. .. r....-. ...n :., .;- ...�. -..Y '.•, :.1::. �. `-. _ .'. .:..., 'Y�-:3u *.I A. Y yl' . _ .:.. ... :.. -,,• of yy , .... -...• ....jai, F:- s.," �' :;�;. ter- ?;3' i l�'6� T`.�/' ��i�ice. T►� �i.� � _ -� - � � t � ' S� • ,moi � �` � � _ - , • _ '�'#` - amu., � #� , - -,a _ , .. � T'1"r. � y ,..��:,! . • ' �ti 5 ,y11 -:. _ ••'iii - ti W"NI Z 9iY.l Z tM� V`WM ,.'�;..1 Y- t rr� _ j -`••�. . Vii^- . Af a • to jt ��Fa7 r 40'WA owl .7 p,• �-. �'.:. '-' - ":,. : -:: _ -•:. � ,., ^�as , "CLAAK3" 91-1 SALEM, MA PL AN OF L AND PREPARED FOR., DA VID COL PITTS LEGEND REID LAND SURVEYORS �— GUARD RAIL ® EXISTING WA TER VAL VE -O- UTILITY POLE a DECIDUOUS TREE 365 CHATHAM THAM S T. , L YNN, MA O 'PK' NAIL (SETT / 1�f ¢ D ILLENT HOLEOUND SCALE "=40 ' APRIL 25, 1991 W YMA N AOA D 1 INCH = 40 FEET 40 0 40 BO J r` •� 1 RAL L H RE.D t - � M .?9421 1 I ' I ' I t B GENERAL NOTES.' 1.45 114 1. THIS PLAN REPRESENTS ACTUAL Is ON GROUND CONDITIONS ON 4/20/91. 1 � - 2. FOR COMPARISION, ELEVATIONS ,06 � ARE ON THE SAME BASE AS PREVIOUS PLANS BY LANDMARK ENGINEERING. ,�a 2 CD BENCH MARK IS RIM SMH = 136. 91 . 6ti ,�g2 1 3. NUMBERS IN CIRCLES REFER TO SALEM ASSESSOR'S RECORDS. .4. WETLAND VEGETATION BOUNDARY LINE WAS TAKEN FROM A PLAN BY LANDMARK ENGINEERING DATED MAY 1-9R8- N 33'-29'-00n ; 124 WETLAND t ' 100'��' VEGETATION •�BOUNDARY j a t 3 LAND COURT o o LOT 354r 42 023 S.F. 40 o 128 o rnLo . cD c i ' S • ' � i t 130 cD i Lo 6 , 114 " ' cn 116 to HAY BALES AND ' SIL TA TION FENCE 132 118 • , i 12 • • testi i 134 120 i • PROPOSED ; 36 FOUNDA TION 186.74' S 337-29'-00." E 100 S 33'-29'-00" 122 LIMIT OF GRANITE CURB PAVEMENT138 Q CL A RK B A VENUE �o 1 0 34 2 BENCH MARK RIM OF SEWER MANHOLE 1 4 e3o = 136. 91 " PSE 4'' G S 5 � � P G "CL AAK4 if 91-1 150 CLARK AVE SAL EM, MA CROSS SECTIONS 140. _ - - _ f?E-ID L AND SUR VEYORS . APPROX. EXISTING � - _ W VAD 365 CHA THAM ST. , L YNN, MA 130 \ 1.45 SCALE- AS NOTED APRIL 25, 1990 \ 120 `Y X11 H u. /,•� ..� ' RALPH ' WtL-IAM Fit. D //0 � No.29411 0+0. Ao 2+0 340. SECTION Bim' SCALE' HOA. 1'--20 ' i VER. 1°=,4 ' I I -CLARK A VE 140 ` I PROPERTY LINE PROPOSED \ FOUNDATION I \ /30 I \ I20 APPROX. EXISTING \ GRADE IlO ` 0+00 1+0 2+a SECTION A A SCALE HOA. J"--20 ' VEA. l !=4' e w