28 PICKMAN ROAD - BUILDING INSPECTION 28 PICKMAN ROAD
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CERTIFICATE/ISSQEED
DATE /
91
F' CITY OF SALEM
SALEM. MASSACHUSETTS 01970 BUILDING PERMIT -
•� CERTIFICATE OF OCCUPANCY
DATE 12/12/ 1999 PERMIT NO. 619-89
APPLICANTJohn P. mhampson, Jr. AODPESSE1n Mi Fidj-o-sex Ave. S I So00t, MA. 522 '
t IND.) [STREET) ICONIR-S LICENSEI
PERMIT TO Erect Hina. t_1 STORY Dwelling. NUMBER OF 1
DWELLING UNITS
(111E OF IMPROVEMENT( 'N0. (PROPOSED REE)
AT (LOCATION) 2F Picicmn Rd., ward 7 T NTNG R-1
INO.I (STREETI -
BETWEEN AND
.. ,. (CROSS STREET, (CROSS STREETI
LOT
SUBDIVIS'ION', LOT-BLOCK-SIZE
BUILDING' IS TO BE FT, WIDE P,1 FT. LONG BY FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
J
TOTVPE USE GROUP BASEMENT WALLS OR FOUNDATION
ITIPEI
AEMARNSI�Buyld one. fandly, two Story dwelling.
CALL FOR PEPMIT TO 00= 745-9595 w �y[�y�7�
•PEA OR mml
awl
VOLUME
Michael
4:EIG SOwAE JEETI
OWNER Michael Beatrice s'Tlsirlsn.srrlseNv�ls�Ibe.TlbeilvcElv'rlve.Tls'TltsTrn srTEs�EIs
2B Piclodn Rd. CTO BE POSTED PREMISES
ADDRESS28 REVERSE SIDE FOR CONDITIONS S E CERTIFICAT
IS"111¢E A'r�aMr,.�.
D.
DEPARTMENTAL APPROVAL FOR CERTIFICATE
of OCCUPANCY and COMPLIANCE
{
}` To be tilled in by each division indicated hereon I
upon completion of its final inspection.
i
BUILDINGS Permit No. 619-91
DAVID HARRIS 6/14/91
Approved by Date
? Remarks
PLUMBING Permit No
ie
;g Approved by Date
ON FILE
Remarks
I
i
ELECTRICAL Permit No.
- Approved by Date I
ON FILE
a Remarks j
i
i
d'
OTHER FIRE Permit No.
r. Approved by_ Date
~ Remarks ON FILE
ENGINEER
OTHER Permit No.
S
w. j Approved by Date
ON FILE
Remarks
a-
1: �
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i
BUILDING
PERMIT
JOB WEATHER CARD
DATE 7`'./I^l19 (�I
PERMIT NO,
-ry—,7.rnn, IT. 4 1�22
APPLICANT ADDRESS k",Aril Ax,�. �C—cz�I
(.0.) ISTREETI (CONTR'S LICENSEI
NUMBER OF
PERMIT TO
I—) STORY lin�7. DWELLING UNITS
(TYPE OF IMPROVEMENT) .0. (PROPOSED USE)
ZONING i�-
AT (LOCATION) DISTRICT
IND.) ISTREET?
BETWEEN AND
Icaoss STREET) (CROSS STREETI
LOT
SUBDIVISION LOT—BLOCK SIZE
BUILDING IS TO BE FT, WIDE BY FT. LONG BY—FT. IN HEIGHT AND SHALL CONFORM IN CONSTRUCTION
TO TYPE USE GROUP BASEMENT WALLS OR FOUNDATION
ITIPE)
F&EMARKS!
AREA OR r)(IIN nf� PERMIT 1,17
VOLUME ESTIMATED COST FEE s
CUBIC/SQUARE FEET)
OWNER
BUILDING I,W"W.P: I-w ow"ove
ADDRESS By
INSPECTOROF BUILDINGS
THIS PERMIT CONVEYS NO RIGHT TO OCCUPY ANY STREET, ALLEY 09 SIDEWALK OR ANY PART THEREOF. ETHER
7HER TEMPORARILY OR 7' Y%
op.
PERMANENTLY. ENCROACHMENTS ON PUBLIC PROPERTY NOT SPECIFICALLY PERMITTED UNDER THE BUILDING CODE MUST BE AP-
PROVED BY THE JURISDICTION. STREET OR ALLEY GRADES AS WELL AS DEPTH AND LOCATION OF PUBLIC SEWERS MAY BE OBTAINED
FROM THE DEPARTMENT OF PUBLIC WORKS, THE ISSUANCE OF THIS PERMIT DOES NOT RELEASE THE APPLICANT FROM THE CONDITIONS
OF ANY APPLICABLE SUBDIVISION RESTRICTIONS.
H RE APPLICABLE SEPARATE
CONSTRUCTION08 AND THIS PIP. TS ARE REQUIRED FOR
MINIMUM OF THREE CALL
APPROVED PLANS MUST BE RETAINED ON j
INSPECTIONS RED.....RID R C
ALL WORN:
ARD KEPT POSTED UNTIL FINAL INSPECTION HAS BEEN ELECTR;CAL, PLUMBING AND
WOR "ADE. WHERE A CERTIFICATE OF OCCUPANCY IS RE- MECHANICAL
ECH AN CAL INSTALLATIONS.
I. FOUNDATIONS 01 101111411,
2. PRIOR TO COVERING STRUCTURALl OUIRED.SUCH BUILDING SHALL NOT BE OCCUPIED UNTIL
MEMSERSiREADY TO LATH). FINAL INSPECTION HAS BEEN MADE.
3. FINAL INSPEOTION BEFORE
OCCUPANCY.
POST THIS CARD SO IT IS VISIBLE FROM STREET
BUILDING INSPECTION APPROVALS USING INSPECT)90 APPROVALS ELECTRICAL INSPECTION APPROVALS
C
f7�
2 v
-7 z
BOARD fF HEALTH GAS INSPECTION APPROVALS F14
,)URVE DISPT. INjPkTING APPRgVIXLS
t4 qz r 4 Iq,e. 1 oM 1
..e
7
OTHER CITY ENGINEER 2 el— 2
WORK SHALL NOT PROCEED UNTIL THE PERMIT WILL BECOME NULL AND VOID IF CONSTRUCTION INSPECTIONS INDICATED ON THIS CARO
INSPECOR HAS APPROVED THE VARIOUS WORK IS NOT STARTED WITHIN SIX MONTHS OF DATE THE CAN BE ARRANGED FOR BY TELEPHONE
STAGES OF CONSTRUCTION. PERMIT IS ISSUED AS NOTED ABOVE. OR WRITTEN NOTIFICATION.
Ylie, ✓ zee ac�iccd�C�e�
S. Russell Sylva ,
Commissioner MEMORANDUM � �r
n
Division of To: REE's, ER Is, Dlvis' rs `
Solid Waste
From: L. James Mil} irector, DSM
I A-3
1 Winter Street Date: August 14, 1987
Boston, MA 02108 (�))�R� �,;
Subject: Policy on the Disposal of Wbodwastes
L. James Miller
Director v'
V'
INiROCJUCPION
Numerous requests have been received for the Deparbnent's policy
concerning the proper disposal of brush and stumps (woodwastes) generated from
the clearing•of land for agricultural purposes, development projects, and from
town DPW operations. The following document outlines the proper process to be
followed for brush and stump disposal.
BACKGROUND
Pursuant to M.G.L. Chapter 111, section 150A any site which is to be used ,
for the disposal of refuse must obtain a site assignment from the local board
of health and approval from DEQE prior to operation.
Brush and stumps disposed of at municipal or commercial landfills are
defined as "bulky wastes" under 310 CMR 19.01(2) . Their disposal is regulated
under 310 CMR 19.17. However, municipalities and commercial operators often do
not allow the disposal of large quantities of brush and/or stumps at approved
solid waste landfills. landfill operators are reluctant to accept large
quantities of woodwastes because they are difficult to handle and they reduce
the capacity of landfills for refuse disposal. Most communities do not have
dedicated municipal brush and sbnp landfills or the facilities to handle and
chip stumps. Stumps and unshipped woodwastes are not acceptable fuels at
resource recovery incinerators because they may plug the feed shutes or ash
chutes, or, in the case of stumps, be incompletely burned as they roll down
incinerator grates. Therefore, proper disposal of woodwastes may pose a
serious problem for the generator of the woodwaste.
Brush and stumps may be disposed of in sufficient quantities that they
may potentially cause environmental problems. Brush and stump piles pose a
threat of fire and therefore air pollution. Pursuant to 310 CMR 7.07, the open
burning section of the Air Pollution Control Regulations, "No person shall
cause, suffer, allow or permit the open burning of any combustible material."
Brush and stumps buried on the site of a development project may cause land
subsidence when the organic material decomposes and settles, particularly if
the woodwastes are not well compacted. Such subsidence would jeopardize the
structural integrity of any buildings or other structures built on the site or
create potentially dangerous sink holes. If a woodwaste disposal area is
sufficiently large, the potential exists for future contamination of
groundwater sources from organic acids produced as the woodwastes decompose.
It is therefore important that woodwaste disposal sites be properly located and
operated.
Disposal of woodwastes, particularly stumps, in a properly sited and
operated woodwaste-only landfill has been determined by the Department to be'a
viable method for woodwaste disposal. Woodwastes disposed of in such a manner
will not cause the environmental problems usually associated with the disposal
of municipal or commercial refuse. The requireve nts for woodwaste landfill
design may therefore be less stringent than those for municipal or commercial
refuse disposal landfills. Such woodwaste disposal facilities would be limited
to accepting only woodwastes. No other type of refuse shall be accepted by
woodwaste-only landfills.
The Department encourages the chipping or composting of all woodwastes.
310 CMR 19.17(2) requires that all brush accepted at sanitary landfills be
chipped within two weeks. chipped woodwastes may be used for a variety of
beneficial uses including mulch and as a bulking agent in the composting of
sludges. The Department also encourages innovative technologies which result
in use of brush and stumps to produce co:post. For example, the Department has
approved landfills at which brush and stumps are landfilled and exhumed after
several years for use as compost produced as a product of natural decomposition
of the buried woodwaste. Such a landfilling operation utilizes woodwastes as a
resource while minimizing the amount of land required for the landfill.
The intent of this policy is to regulate the disposal of woodwastes which
may not be disposed of at established municipal or commercial landfills and
which may, as a result, pose future environmental or nuisance problems. It is
not the intent of this policy to regulate small quantities of woodwastes
generated by private citizens on their own property or from small land clearing
operations such as may occur for agricultural purposes.
The Department recognizes that the quantity of woodwastes generated from
site to site may vary depending on the type of trees cut, the maturity of the
trees, the density of the stand and other site-specific factors. These factors
will be considered in reviewing plans for woodwaste disposal areas.
DEFI=ONS
For the purposes of this policy the following definition shall apply:
Woodwastes•
Solid wastes consisting of trees, stops, brush, and leaves. This
includes, but is not limited to sawdust, chips, shavings and bark, but
does not include wood pieces or particles containing chemical
preservatives such as creosote, pentachlorophenol, paints, stains, or
other coatings.
- -- ... .._......-...._„ a
1
POLICY
1. M.G.L. Chapter 111, section 150A defines a "facility" as "a sanitary
landfill .. . a refuse camposting plant, a residual waste
storage or treatment plant, (or) a dumping ground for refuse or
other works for treating or disposing of refuse".
2. Woodwaste disposal facilities are considered a subset of "sanitary.
landfills" as defined in 310 CMR 19.01(14) . Such facilities will
accept only woodwastes as defined above, and for the purpose of
clarifying 310 CMR 19.01(14) are further defined through this policy
as:
a. Any disposal area in which woodwastes from one or more other
sites, whether within the same municipality or from other
municipalities, are transported to the disposal area (herein
termed an off-site disposal area) ; or,
b. Any disposal area located at the site of woodwaste generation
accepting only woodwastes generated from that particular
land-clearing operation (herein termed an on-site disposal
area) ; or
c. Any off-site or on-site woodwaste disposal facility, as defined
herein, at which woodwastes are to be landfilled and exhumed
for use as canpost after a period of time.
3. Storage facilities for wood products, such as lumber yards, where
the wood is intended to be used as lumber, firewood, or wood chips,
do not constitute disposal facilities or residual waste storage or
treatment facilities pursuant to C.111, s.150A provided such storage
facilities do not function as refuse transfer stations pursuant to
310 CMR 18.01(12) or as either an open dump or a sanitary landfill
pursuant to 310 CMR 19.01(8) and (14) . A site used for speculative
accumulation when no market for such wood products can be
demonstrated to exist, shall be deemed a woodwaste disposal facility
as defined in Paragraph 2. because it is serving as a de facto final
disposal location. Such a site must therefore satisfy the
provisions of Paragraphs 4. and 5.
4. All woodwaste disposal facilities as defined in Paragraph 2a. - 2c.
shall be subject to the requirements of Chapter 111, section 150A,
which requires a site assignment by the local Board of Health and
plan approval by the Department prior to operation as a woodwaste
disposal facility.
5. Woodwaste materials differ substantially from other types of solid
wastes in that they may be completely deed and may generate
less harmful leachate. For these reasons woodwaste disposal sites
with a volume of less than 200 cubic yards are not required to
submit plans to the Department, except as determined by Paragraph
9. However, any woodwaste disposal area, regardless of size, must
not pose a threat to air quality pursuant to 310 CMR 7.07. Also,
this provision does not imply that marry small (less than 200 cubic
yards) woodwaste disposal sites should be located in an area where
the combined environmental effects of these disposal sites would
likely be additive. In the event that several small woodwaste
disposal sites are located near each other on the same or contiguous
pieces of property the Department may consider the entire area as
one woodwaste disposal facility.
6. Woodwaste disposal facilities as defined in Paragraph 2. shall
accept only woodwastes as defined above. However, this does not,
preclude municipal and canrercial sanitary landfills from accepting
brush and stumps as "bulky wastes" pursuant to 310 CMR 19.17. If
municipal arra c=wrcial sanitary landfills accept woodwastes, they
must do so in full ocupliance with 310 CMR 19.03.
7. Plans for woodwaste disposal facilities shall be submitted in
accordance with 310 CMR 19.03. • Each woodwaste disposal project
shall be reviewed on a case-by-case basis taking into account such
factors as the size of the site, volume of material to be disposed,
plans for covering the woodwastes, possible effects on local water
supplies arra resources, proposed future land use, potential for fire
hazard, and potential to cause nuisance conditions.
S. The location of any assigned woodwaste disposal facility shall be
registered with the local Board of Health and the Registry of Deeds
pursuant to Chapter 111, section 150A (as amended by Chapter 232,
section 2 of the Acts of 1982) , and on all relevent property deeds
so as to ensure that future property owners are aware that the site
was used as a woodwaste disposal facility.
9. Any woodwaste disposal facility or facilities, regardless of size or
location, which in the Department's or the local Board of Health's
opinion could potentially produce adverse impacts on the public
health, pose a possible danger to ground water or surface water
supplies, cause major nuisance conditions, or be established as a
continuing landfilling operation shall summit a complete and
detailed plan of design and operation in accordance with 310 CMR
19.00 and related policies.
IMPLEMENPATION
The woodwaste disposal policy is applicable to all large volume (greater
.than 200 cubic yards) generators of woodwastes because of the volumes of
woodwastes produced, the potential for nuisance conditions to develop, and the
necessity to carefully note the location of such disposal areas. This policy
is not interned to cover woodwaste disposal by ha eowners on their propery
provided nuisance conditions do not develop and the disposal site does not
exceed 200 cubic yards in volume. The Department will review woodwaste
disposal sites on a case-by-case basis and determine the level of applicability
of this policy to those sites.
y This policy is itself subject to 0.111, s.150A and 310 CMR 19.00. in the
case that any conflict should arise between applicable statutes and
regulations and this policy, the applicable statute or regulation shall take
precedence.
This policy is considered temporary
until such time as new regulations
are promulgated. The Department intends to put such regulations into place
soon, at which time the new regulations shall replace this policy.
`i.
City of Oalem, Onoubuattg
Public Propertp Department
"�fiae 33uilbing Mepartment
One Oalem green
745-9595 GCxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
March 28, 1990
Mr. John P. Thompson, Jr.
Town House Development
80 Middlesex Avenue
Swampscott, MA. 01907
RE: 28 Pickman Road, Salem, MA.
Dear Mr. Thompson:
This is in regards to our conversation concerning back filling with organic
material (tree stumps) . Enclosed you will find the appropriate information from
the BOCA National Building Code Book„regarding this matter.
Please contact me at this office once you have removed the tree stumps
so the property can be reinspected.
Since ely,
David J. Harris
Assistant Building Inspector
DJH/jmh
C.C. City Clerk
City Solicitor
Carolyn Ryan
Mary Hookes
Mark Blair
Jack Nutting
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. 0 SWAMPSCOTT, MASSACHUSETTS 01907
817-599-3174•817.322-8575
JOHN P.THOMPSON JR.
Mr . David Harris,
Assistant Building Inspector
Public Property Departmment
One Salem Green
Salem, Ma. 01970
March 31 , 1990
Dear Mr. Harris:
In response to your letter of March 28, 1990 , regarding 28
Pickman Road, Salem:
I follow the tenets of the Massachusetts State Building Code .
The Massachusetts State Building Code makes no reference to the
B.O.C.A. code. I do have the newest B.O.C.A. book, since I also work
In other states, which do use It , and I refer to It from time to time
as a reference . If I was a Building Inspector , I would absolutely
quote what I thought was the right way to do a Job, If It wasn' t
specifically addressed In the Mass. Building Code . I think you are
doing an admirable Job by sending me this page out of the B.O.C.A.
code, for my reference.
I heard from my son , who is also a state licensed construction
supervisor, and my head man on all crews, about the neighbor's concern
over the way we were running the Job. I advised you of the reasons
for the hole being used, and that we would not bury construction
debris. I worked with you, and kept you informed, so you could return
and re-Inspect the hole before we filled It In . I advised you in my
Previous letter that we would be burying organic stumps, and the
Health Inspector called and talked with my wife and advised her that
everything was fine, and he understood my position . I realize that
you have to do your Job, however, you . seem to be bending over backward
here to harass 'me.
In your certified letter of March 28, 1990 , you site B .O.C .A .
code regulations regarding backfilling. You have been to the site
' enough times to know 100% that nothing within 10 feet of the
foundation has been backfilled with anything but totally structurally
stable dirt , pebbles, and no organic material .
As you already know, I have talked with the D.E.O. E. relative to
this matter , and sent you the Information I received from them. If
you did not receive the Information, call me and I will hand de.liver
you a copy . I marled one to you at your office last week . I have
also talked with the Massachusetts State Building Commission , who
advised me that the B.O.C.A. code is not recognised at all In the
Massachusetts State Building Code . In fact , the person I talked with
at the Commission laughed when I told him what the situation was.
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. •SWAMPSCOTT. MASSACHUSETTS 01907
rI 817.599-3174.817-322-8575
' JOHN P.T OMPSO c n legally bury on the Property according to the D.E.O. E.
Pi orma� on , and nothing Is mentioned relative to this Issue in the
• Mass. Building Code. I agree with you that it would be ideal to
remove the stumps from the property , It Just would not be practical ,
and It Isn' t specifically necessary, according to the existing code .
If you are concerned about this, and feel that It should be addressed
In the Code, you should work toward changing the law. As the law is
now written, It does not address stumps, therefore, you have no law to
enforce.
I understand that because of the nleghbors, you have to write
letters to keep them happy, and I appreciate your pulling out the page
of the B.O.C.A. code. Laws are laws, and we are both restricted by
them. We are both trying to do our Jobs to the best of our ability .
We are both subject to decisions, and don' t always make the right
ones,' but the bottom line is that we both must operate under' the laws
of the State of Massachusetts, and the City of Salem. These must be
our guides. I feel that you are trying to put undo pressure on me ,'
when your office should be defending me to the neighbors. I am
breaking no law In burying the stumps, and I would expect you to
advise the neighbors of that fact , rather than try to accuse me of
Inappropriate backfilling of the foundation . Why Is the Builder
always wrong? It should be your office's function to defend a builder
who Is working within the law. I have tried to work with you , and
even sent you material to help you , and you are still trying to nail
me for something, and damage my reputation . The building business Is
hard enough right now, and we can' t all be building Inspectors. Some
of us have to actually go out there and build with the market so down .
Don' t make It any harder for us, please . I thought we were working
together, until I received this certified letter . Now I am not sure
what you are trying to do. I have worked with your office every step
of the way , and kept you Informed. I have tried to answer your
queries with pertinent information from public sources. I have done
everything possible to help you.
Truly yours, "
John P. Thompson, Jr .
C/C
Mike Beatrice
Ni ttv Of *.a1eM,';01agoacbu5ett5
5 tea` y� o
Pubtie,Propertp 3epartment
d r. .�
Nuilbing Department
One ibnlem &fee"
t 745-9595 ext. 380
,William H. Munroe
c Director of Public Property `
,� 1iF"i i'
r i °Inspector of Buildings
A �
u s+ Zoning'Enforeement.Officer
:
April 6, 1990
i
E
' Mr. Michael Beatrice
P.O:'Box 4009
i Salem,, MA: 01970
j
5 .
RE: 28 Pickman Rd. , Salem, MA.
Dear Mr. Beatrice:
y Due to complaints received at this office, an inspection was made at the above
referenced property regarding the buriel of tree stumps.
Please be advised that prior to the issuance of� the Certificate of Occupancy,
%;that the buried organic material shall be removed from the site.
If you need further assistance regarding this matter, please contact me at
,
this office.
Sincerely,
David J. Harris
Assistant Building Inspector
,
DJH/jmh
c.c. Board of Health
City Solicitor
City Clerk. . .. ,;:,.
t
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. *SWAMPSCOTT, MASSACHUSETTS 01907
617-599-3174•617-322-8575
JOHN P.THOMPSON JR.
Mr . David J. Harris
Assistant Building Inspector
One Salem Green
Salem, Ma. 01970 April 12, 1990
Re: 28 Pickman Road
Salem, Ma.
Your letter dated April 6, 1990 to Mr . Michael Beatrice
Dear Mr . Harris:
As you know, since I am the licensed builder in the
construction phase of the above-referenced project , I am
representing Mr . Beatrice and other owners, and all
communications from your office have been answered by me . I
have received copies of your communications to Mr . Beatrice
from him. I would appreciate you sending me a copy of
letters which you send Mr . Beatrice reqarding the
construction I am involved with, as that is the best way to
facilitate my answerinmg your queries in a timely manner .
The first contact I had about dumping and potentially
burying anything on this property was from you in very early
January 1990 . I spoke to you on the telephone and verbally
told you that we had no intentions of burying construction
debris in that hole. I advised you that it would all be
taken to a dump before we filled in the hole . You said you
wanted to inspect the hole before we started to fill it .
On 3/8/90 , we took two loads of construction debris out
of this area and paid Turner Trucking of Commercial Street ,
Lynn , $289.00 to dump the debris. Sometime a few days after
that , I called you , and informed you that the debris had
been removed from the hole , so you could inspect it . ( I did
everything you asked, start to finish . ) You subsequently
inspected the site and acknowledged that all construction
debris had been removed.
I received a letter addressed to Mr . Beatrice from the
Salem Health Department dated 1/29/90 . In this letter he
stated many violations of Massachusetts General Laws. My
wife immediately went to the Swampscott Public Library , and
could find nothing in the laws he quoted that had anything
to do with dumping trash or construction debris. We
responded to Mr . Burke of the Health Department in a timely
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. •SWAMPSCOTT, MASSACHUSETTS 01907
617-599-3174•617-322-8575
JOHN P.THOMPSON JR.
manner, and explained what our Intentions were (see enclosed
copy of letter, dated 2/6/90 ) .
Mr . Burke called a few days later and talked with my
wife . He told her that he had received the letter and was
calling to say that there was no problem as long as the
construction debris was removed before the hole was filled
in . He stated that he could see that the construction on
the top of the hill would preclude getting a dumpster up to
the building site, and that putting the debris in the hole
did keep it from blowing around the neighborhood.
On the day that we were burying the stumps which came
from the site in question, Mr. Burke met with my employees
and agents, and the neighbors. He inspected the site and
communicated to those present that he had no problem with
what we were doing. Mr. Burke told my son (Mr. Glen
Thompson) , that there were no health regulations on the
books in Salem regarding the burying of stumps. That
afternoon , my son , notified me that the neighbors were
agitated, and that the Health Inspector had been on the
site, and what he had said. I immediately called the
Department of Environmental Quality Engineering in Woburn ,
to ask them if there was any problem with burying stumps on
the same site they were removed from. I went into detail
with the DEQE agent that we were building a house on a small
lot , and had 10-20 stumps that were cleared to build the
house on the lot . The agent said that he did not see any
problem with doing this, and that he would send me a
memorandum from his office regarding the burying of stumps.
I asked him directly if he could tell me if there was any
problem with what I told him I was doing, or if he would
look over what he was going to send me to see if I could
have a problem with what I was doing. He assured me that
from what I had told him there was no problem and that he
would send a copy of the latest memorandum referring to
burying of stumps to me . This is the same memorandum I have
previously sent you and the Health Department , and I enclose
it here as well .
In regard to your letter dated April 6, 1990 , to Mr.
Michael Beatrice regarding 28 Pickman Road: I can' t believe
you had the temerity to send this letter to Mr . Beatrice ,
and not send a copy to me . After all the correspondance
that has to do with this problem has been answered by me ,
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. •SWAMPSCOTT, MASSACHUSETTS 01907
617-599-3174•617-322-8575
JOHN P.THOMPSON JR.
you did not have the courtesy to send me a copy of this
letter . You know that I have complete control of building
the house for Mr . Beatrice, and we have corresponded
previously very well on other houses with no problem. I am
not trying to get away with anything, and I have been
keeping you informed every step of the way .
In the second paragraph of your letter of April 6, you
state "Please be advised that prior to the issuance of the
Certificate of Occupancy , that the buried organic material
shall be removed from the site . " I request that you cite
the exact state law, or city ordinance , which substantiates
your contention that we are in violation . I interpret this
as a personal affront , after I have dilegently tried to
educate you regarding the fact that I am in violation of NO
state and/or city ordinances as to the burial of stumps.
I demand that you respond to this letter within ten
days, as if you do not respond in a timely manner , this
could be extremely , extremely, extremely costly to Mr .
Beatrice and his other owners, and to myself . If you hold
the Occupancy Permit for this house hostage for the burying
of the stumps without citing exactly what area of the
Massachusetts Building Code or any state or city ordinance
is being violated, you will be held personally liable , along
with the City of Salem.
Rwaitin ourL' Y,
Jbh' n P. Thompson , Jr .
Copy to: Enclosure ::
Mr . Michael Beatrice Letter of 1/29/90
City Clerk Letter of 2/6/90
City Solicitor Letter of 3/22/90
William H. Munroe Memorandum from DEOE
Board of Health Letter of 3/28/90
Letter of 3/31/90
Letter of 4/6/90
f
coww,�
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CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970
ROBERT E. BLENKHORN 9 NORTH STREET
HEALTH AGENT
(617) 741.1800 January 29, 1990
Michael Beatrice
P.O. Box 4409
Salem, MA 01970
Re: 28 Pickman Road
Dear Mr. Beatrice:
Due to complaints of improper trash disposal/storage practices a site investigation
of the property was conducted on January 18, 1990 by William Burke, R.S. of this
Department. The investigation revealed the following:
A large pit/depression located to the rear of the house filled
with construction debris .
This practice is in Violation of Massachusetts General Laws: Chapter 150A Section
111 and 105 CMR 410.602, State Sanitary Code; Chapter II.
You are hereby ordered to remove this debris within ten (10) days of receipt of
this notice. You are further ordered to cease and desist from continuing this
practice.
Should you be aggrived by this Order, you have the right to request a hearing before
the Board of Health. A request for said hearing must be received in writing in the
office of the Board of Health within seven (7) days of receipt of this Order. At
said hearing, you will be given an opportunity to be heard and to present witness
and documentary evidence as to why this Order should be modified or withdrawn. You
may be represented by an attorney. Please also be informed that you have the right
to inspect and obtain copies of all relevant inspection or investigation reports,
orderes and other documentary information in the possession of this Board, and that
any adverse party has the right to be present at the hearing.
Failure on your part to comply within the specified time may result in a complaint
being sought against you in Salem District Court.
The Health Department appreciates your anticipated cooperation in this matter.
If you have any questions contact this office.
\ FOR THE BOARD OF HEALTH REPLY TO
w�
ROBERT E. BLENKHORN, C.H.O. WILLIAM T. BURKE, III, R.S.
HEALTH AGENT SENIOR SANITARIAN
REB/m
CERTIFIED MAIL P-268-686-924
cc: Building Inspector
CP
ii TOWN HOUSE DEVELOPMENT
BO MIDDLE.SF_X AVE 0 SWAMPSCO'1T, MASSACHH$ETa9 01907
617-599.3174 •617-322-0575
i
' JOHN P. THOMPSON JR. -
11r . William T'. Burke , III , R.S.
Mr Robert E. Blenkhorn , C. H .O.
City of Salem Health Department
Board of Health
Salem, Ma. 0197U
Februar.. y 6, 1990
Pet Letter dated January 79 , 1990 , addressee:! to Mr . Mike
Beatrice , regarding 213 Plckman Road, Salem, Ma.
Dear Mr . Burker
I am building a. new house at 28 Pickman Road for Mr .
Mike Beatrice . I am riot burying any trash an the site . I rlo
riot believe we are In any violation of state law or sanitary
code , however , our attempt to look up the exact laws you
stated In your letter , led to dead ends, since the current.
law books at the local library only list 11 sections of
Chapter 150A , and we were unable to obtain roples of they
State Sanitary Code and CMR and stl'II answer this In a
timely fashion . If you would like to pursue this matter. , I
respectfullyrequest that you quote the alleged vlolatirml ;
In full , since they are apparently not readily avall ,- ble t1-1
the general public .
The debris on the site was placed In the hrlle nI_Ide . when
backtiIIIng to prevent It from blowing around the:•
nelahborhood. If you Investigated the site , you will acires
with me that It is better there than on the slope . or
free-standing at the top of the lot. where It would soon be
spread around the 'tie I ghborhood. fl,lothing other than orclznIc
matter I . e . stumps will by burled In -the hole II am, as you
must have noticed on your Invest.lgatlon, in the process of
building a house on the lot . l plan to remove the debris In
a tImeIy .manner. This is an ongoing project , and removing
the debris Is Included In the scrape of the work. . I ' m sure
that you realize that 1 won' t get paid until the work Is .
done , and you must realize that I want to get pall with the
building business as slow as It Is. I certainly want to
complete the Job as soon as possible , and that Includes
removing the debris.
I would not Jeopardize my Building License or my
reputation by violating a cor_le , to say nothing of: the elafety
l' TOWN MOUSE DEVELOPMENT
80 MIDDLESEX AVE. 0 SWAMPSC07T, Mg35ACNU5E7T5 Of 907
617-699-3174 1 617.322.8676
r
JOrIN P.7II0M70".IR.
hazard which burying the debris might cause . It is my
Intention to improve the nleghborhood with tills home , and 1
am simply doing my Job. I understand that you mu,3t do your
.lob, too, and that ' Includes responding to complalnts Ecnm
neighbors who are upset with changes in thein nelcah, fr oil)
f.
Since 1 have Just recelved the letter , and <un now
responding to you , It Is Inconceivable that I c;'it cre1; t.hy
debr. ls removed within ten days. itr is impossible to grit the
trucks up the hill right now clue to the ground condition, .
Please be advised that 1 am aware of your concern , ansa
I will take care of the matter in a timely ansa proper
manner . I amus sure as you are that It I don ' t the
neighbors will let you know.
trulyPP. Th
s
ohs rnpson ,
cc/ Mr' . Mike Beatrice
3
TOWN HOUSE DEVELOPMENT
110 MIDDLESEX AVE. •SWAMPSCOTT, MASSACHUSETTS 019.07 �T
617-599.3174 617-322-8575
JOHN P.THOMPSON JR. '
City of Salem Health Department
Mr . William T. Burke, III , R.S.
Mr . Robert E. Blenkhorn , C.H.O.
Board of Health
City Hall
Salem,. -Ma. 01970
March 22, 1990
Rel 28 Pickman Road
Neighborhood Upheavel Today
Dear Mr . Burke :
As In my enclosed photocopied letter dated February 6, 1990 , to
you, nothing has changed. As I stated In the letter of that date , tale
only thing we are going to bury are about a dozen stumps which were
necessary to remove to construct the house. Also, we are going to
bury some stones and dirt . Apparently today , March 22, the nleghbors
went wild about us burying these dozen stumps and stones and other
dirt.. They notified the police, who sent two police cars to
Investigate . According to my son, Dave Harris, a Buildling Inspector
employed by the Building Department Inspected, as well as you .
Immediately upon notification from my son , Olen , about 3:30 PM, I
contacted DEOE In Woburn , to reaffirm my knowledge about burying
stumps. They told me they had a plan that was a good Idea, and that
they would send me a copy of it , but that there are no laws pertaining
to the burying of stumps.
Dave Harris from the Building Department Inspected the site on
about the 15th of the month , to make sure the building construction
debris had been remmoved from the hole , and agreed that all
construction debris had been removed from the excavation .
If you have any further questions, please notify me Immediately ,
as we are proceeding with landscaping immediately , I .e . within 24
hours.
Iy urs
n o r.
cc/ Salem Police Department k-
Building Inspector's Office- Dave Harris
Mike Beatrice
- _ - •CG
�4"�rna yAs
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
9 North Street
ROBERT E. BLENKHORN Salem, Massachusetts 01970
HEALTH AGENT
508-741-1800
47
May 16, 1990
_ c
!Cnn ,CID
Town House Development
80 Middlesex Avenue S rn
Swampscott, MA 01907 a
�m CFJ
�+� o
'= Attention: John P. Thompson, Jr. -
Re: 28 Pickman Road
Dear Mr. Thompson,
Due to a complaint of "unclean fill" being used at 28 Pickman Road, a site
inspection of the property was conducted on May 3, 1990. The inspection
revealed a pile of soil located on the driveway side of the property. The
pile of soil contained miscellaneous debris consisting of old cans, plastic,
etc.
The Health Department requests that you remsve the debris from the fill
prior to using it. r`•a
The department appreciates your anticipated cooperation in this matter.
If you have any questions contact this office.
FOR
A� THE BOARD OF HEALTH REPLY TO
ROBERT E. BLENKHORN, C.H.O. - WILLIAM T. BURKE, III, R.S .
HEALTH AGENT SENIOR SANITARIAN
REB/m
cc: Mr. Michael Beatrice, P.O. Box 400 , Salem, MA 01970
Dave Harris, Building Department
Engineering Department
S. Russell Sylva
Commissioner
Division of To: RES's, L>E s, DiviS ' ir669r9
Solid Waste Finan: L. James Mil irector, Dsm
1 Winter Street Date: August 14, 1987
Boston, MA 021081
Subject: Policy on the Disposal of iodwastes ;��
L. James Miller
Director y
V'
INT'RODUMON
NuMerOU9 requests have been received for the Department's policy
concerning the proper disposal of brush and stumps (woodwastes) generated from
the clearing' of lard for agricultural purposes, development projects, and from
town DPW operations. The following document outlines the proper process to be
followed for brush and stump disposal.
BACKRZOUND
Pursuant to M.G.L. Chapter 111, section 150A any site which is to be used
for the disposal of refuse must obtain a site assignment from the local board
of health and approval from DDQE prior to operation.
Brush and stuffs disposed of at municipal or commercial landfills are
defined as "bulky wastes" under 310 CMR 19.01(2) . Their disposal is regulated
under 310 CMR 19.17. However, municipalities and commercial operators often do
not allow the disposal of large quantities of brush and/or stumps at approved
solid waste landfills. Landfill operators are reluctant to accept large
quantities of woodwastes because they are difficult to handle and they reduce
the capacity of landfills for refuse disposal. Most communities do not have
dedicated municipal brush and stump landfills or the facilities to handle and
chip stumps. Stumps and unchipped woodwastes are not acceptable fuels at
resource recovery incinerators because they may plug the feed shutes or ash
chutes, or, in the case of stumps, be irncoiripletely burned as they roll down
incinerator grates. Therefore, proper disposal of woodwastes may pose a
serious problem for the generator of the woodwaste.
Brush and stumps may be disposed of in sufficient quantities that they
may potentially cause environmental problems. Brush and stuff piles pose a
threat of fire and therefore air pollution. Pursuant to 310 CMR 7.07, the open
burning section of the Air Pollution Control Regulations, "No person shall
cause, suffer, allow or permit the open burning of any combustible material."
Brush and stuffs buried on the site of a development project may cause land
subsidence when the organic material deconrp ser and settles, particularly if
_..--- r- -- ...--- —
the woodwastes are not well compacted. Such subsidence would jeopardize the
structural integrity of any buildings or other structures built on the site or
create potentially dangerous sink holes. If a woodwaste disposal area is
sufficiently large, the potential exists for future contamination of
groundwater sources from organic acids produced as the woodwastes decompose.
It is therefore important that woodwaste disposal sites be properly located and
operated.
Disposal of woodwastes, particularly stumps, in a properly sited and
operated woodwaste-only landfill has been determined by the Department to be-a
viable method for woodwaste disposal. Woodwastes disposed of in such a manner
will not cause the environmental problems usually associated with the disposal
of municipal or commercial refuse. The requirements for woodwaste landfill
design may therefore be less stringent than those for municipal or commercial
refuse disposal landfills. Such woodwaste disposal facilities would be limited
to accepting only woodwastes. No other type of refuse shall be accepted by
woodwaste-only landfills.
The Department encourages the chipping or cagposting of all woodwastes.
310 CMR 19.17(2) requires that all brush accepted at sanitary landfills be
chipped within two weeks. Chipped woodwastes may be used for a variety of
beneficial uses including mulch and as a bulking agent in the conposting of
sludges. The Department also encourages innovative technologies which result
in use of brush and stumps to produce compost. For example, the Department has
approved landfills at which brush and stumps are landfilled and exhumed after
several years for use as coupost produced as a product of natural decomposition
of the buried woodwaste. Such a landfilling operation utilizes woodwastes as a
resource while minimizing the amount of lard required for the landfill.
The intent of this policy is to regulate the disposal of woodwastes which
may not be disposed of at established municipal or commercial landfills and
which may, as a result, pose future environmental or nuisance problems. It is
not the intent of this policy to regulate small quantities of woodwastes
generated by private citizens on their own property or from small land clearing
operations such as may oocur for agricultural purposes.
The Department recognizes that the quantity of woodwastes generated from
site to site may vary depending on the type of trees cut, the maturity of the
trees, the density of the stand and other site-specific factors. These factors
will be considered in reviewing plans for woodwaste disposal areas.
DEFINITIONS
For the purposes of this policy the following definition shall apply:.
Woodwastes:
Solid wastes consisting of trees, stumps, brush, and leaves. This
includes, but is not limited to sawdust, chips, shavings arra bark, but
does not include wood pieces or particles containing chemical
preservatives such as creosote, pentachlorophenol, paints, stains, or
other coatings.
POLICY
1. M.G.L. Chapter 111, section 150A defines a "facility" as "a sanitary
landfill . .. a refuse ccuposting plant, a residual waste
storage or treatment plant, (or) a duaping ground for refuse or
other works for treating or disposing of refuse".
2. Woodwaste disposal facilities are considered a subset of "sanitary
landfills" as defined in 310 CHR 19.01(14) . Such facilities will
accept only woodwastes as defined above, and for the purpose of
clarifying 310 CMR 19.01(14) are further defined through this policy
as:
a. Any disposal area in which woodwastes from one or more other
sites, whether within the same municipality or from other
municipalities, are transported to the disposal area (herein
termed an off-site disposal area) ; or,
b. Any disposal area located at the site of woodwaste generation
accepting only woodwastes generated from that particular
lard-clearing operation (herein termed an on-site disposal
area) ; or
c. Any off-site or on-site woodwaste disposal facility, as defined
herein, at which woodwastes are to be landfilled and exhumed
for use as compost after a period of time.
3. Storage facilities for wood products, such as lumber yards, where
the wood is interned to be used as lumber, firewood, or wood chips,
do not constitute disposal facilities or residual waste storage or
treatment facilities pursuant to C.111, s.150A provided such storage
facilities do not function as refuse transfer stations pursuant to
310 CMR 18.01(12) or as either an open dump or a sanitary landfill
pursuant to 310 CMR 19.01(8) and (14) . A site used for speculative
accumulation when no market for such wood products can be
demonstrated to exist, shall be deemed a woodwaste disposal facility
as defined in Paragraph 2. because it is serving as a de facto final
disposal location. Such a site must therefore satisfy the
provisions of Paragraphs 4. and 5.
4. All woodwaste disposal facilities as defined in Paragraph 2a. - 2c.
shall be subject to the requirements of Chapter 111, section 150A,
which requires a site assignment by the local Board of Health and
plan approval by the Department prior to operation as a woodwaste
disposal facility.
5. woodwaste materials differ substantially from other types of solid
wastes in that they may be completely domed and may generate
less harmful leachate. For these reasons woodwaste disposal sites
with a volume of less than 200 cubic yards are not required to
submit plans to the Department, except as determined by Paragraph
9. However, any woodwaste disposal area, regardless of size, must
not pose a threat to air quality pursuant to 310 CMR 7.07. Also,
this provision does not imply that many small (less than 200 cubic
yards) woodwaste disposal sites should be located in an area where
• the combined environmental effects of these disposal sites would
likely be additive. In the event that several small-woodwaste
disposal sites are located near each other on the same or contiguous
pieces of property the Department may consider the entire area as
one woodwaste disposal facility.
6. woodwaste disposal facilities as defined in Paragraph 2. shall
accept only woodwastes as defined above. However, this does not, .
preclude municipal and c mmiernial sanitary landfills from accepting
brush arra stems as "bulky wastes" pursuant to 310 CMR 19.17. If
municipal and commercial sanitary landfills accept woodwastes, they
must do so in full compliance with 310 CMR 19.03.
7. Plans for woodwaste disposal facilities shall be submitted in
accordance with 310 CMR 19.03. • Each woodwaste disposal project
shall be reviewed on a case-by-case basis taking into account such
factors as the size of the site, volume of material to be disposed,
plans for covering the woodwastes, possible effects on local water
supplies and resources, proposed future lam use, potential for fire
hazard, and potential to cause nuisance conditions.
S. the location of any assigned woodwaste disposal facility shall be
registered with the local Board of Health and the Registry of Deeds
pursuant to Chapter 111, section 150A (as amended by Chapter 232,
section 2 of the Acts of 1982) , and on all relevent property deeds
so as to ensure that future property owners are aware that the site
was used as a woodwaste disposal facility.
9. Any woodwaste disposal facility or facilities, regardless of size or
location, which in the Department's or the local Board of Health's
opinion could potentially produce adverse impacts on the public
health, pose a possible danger to ground water or surface water
supplies, cause major nuisance conditions, or be established as a
continuing landfilling operation shall submit a complete and
detailed plan of design and operation in accordance with 310 CMR
19.00 and related policies.
IMPLEMEIITATION
The woodwaste disposal policy is applicable to all large volume (greater
than 200 cubic yards) generators of woodwastes because of the volumes of
woodwastes produced, the potential for nuisance conditions to develop, and the
necessity to carefully note the location of such disposal areas. This policy
is not intended to cover woodwaste disposal by homeowners on their propery
provided nuisance conditions do not develop arra the disposal site does not
exceed 200 cubic yards in volume. The Department will review woodwaste
disposal sites on a case-by-case basis and determine the level of applicability
of this policy to those sites.
This policy is itself subject to C.111, 9.150A and 310 CMR 19.00. In the
case that any conflict should arise between applicable statutes and
regulations and this policy, the applicable statute. or regulation shall take
precedence.
This policy is considered temporary
until such time as new regulations
are promulgated. The DeparGnent intends to put such regulations into place
soon, at which time the new regulations shall replace this policy.
L
1
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_ NOISOME TRADES C11I § 150A)
r^ w
Library Befereoces-
y' s a Municipal Corporations m�607. a s,
, s U.S.'Municipal.Corporations § 265.
Notes of Decisions
1. Construction and application ments of just compensation for any wrong-
y tt: The.word 'damages as used in this see- ful deprivation Board of Health of Frank- �r
3. _ tionmustbe interpreted broadly enough to lin v.Hass(1961) 173 N.E.2d 808,342 Mass.
satisfy minimum constitutional require- 421. `
�ttr.>>
§ 1501A. Private and public dumping grounds; assignment of
y of g place; appeal; public hearing; maintenance and opera-
tion; enforcement;.fee; ash, permitted uses'and dispos-
al,
xen j,
InW, " a As .used int this section; !faiaility", means: a sanitary'-landfill; azefuse
'. transfer station; a refuse':incinerator with a grate area.in excess"'of ten
ands `? ws` ' square feet, !a,refuse, composting plant,-a resldual',waste,atorage or
' treatment lant'°a dim m round for refuse or'an .other.5worka_for
the c "d P P.r,g g Y
+air �dx.a treating or disposing of refuse, slid "refuse means.all solid or:1>quid r;
ytne s waste.-materials; including garage, and rubbish,€sludge and residual
waste;: but not mcludmg,sewage A*„
_No ;place m any city or town shall be established or mamtauied or v
operated by any person, including,any political subdivision or ageicyrof
the,commonwealth, as a;site for a'fadlity, unless auch':placeplias either
been assigned liy the board of health of such'glty or town as a�slte for a
ofn facility after a public=hearing, subject to the provisions of any o'rduiance t r
or by=lawfadopted therein, under chapter forty A aor correspond»ig " * <
rLe provisions of,earlier Iaws, or, m the- a of an agency of the comlrton�
'" wealth, hasbeen assigned by the department of environmental}quality' "�
engineering, in=this section called:{tle department after;a public hearing
w a and unless public notice of such assignment has been given by thp."board "
of health. The`assignment of a place as a site a
for facihty,`shal] be r
to s subject to such limitation with respect to:the extent,tcharacter,and
nt ` nature of.oper'atlon thereof. as may be necessary to'protect thepublic
health, comfort and convenience. The department shall advise, upon
he 3� Y request, any board of health previous to the assignment of-a place as a
as site for a facility.. 7
int If such facility is a landfill owned or operated by any person other
<gs than a town oran agency of the commonwealth, such person shall pay to i
the town where the facility is located-a fee of fifty cents for each ton of }
solid waste from outside such town which is disposed of in such landfill.
' kesidue from a resource recovery facility located in the municipality
a wherein such landfill is located shall not be deemed to be solid waste for
purposes of said payment. On or before the twentieth day of each
k „ month every such person shall file a return subscribed. under the
379
:;.-s- M,-.t^,. "-s.:;•K- :+, .:a ;t� Fi� ,� a. rc `w-:z c?.r::�> .;.y"->.�f+S'ar.' Xi
,
to.
150A. PUBLIC HEALTH
"t penalties of perjury with the board of health of the town in which'such
,.; facility is located, on such-form as the commissioner of environmental
quality engineering, in this section called the 'Commissioner, shall pre-
"x. t scribe, giving such information as the commissioner shall require for determination of the fee imposed by this paragraph. Said fee shall be
due and payable on or before the due date of the return.
Any person aggrieved by the action of a board of health in assigning a
place as a site for a facility, including persons in control of any public
land, the selectmen of.any town, and.in cities having a Plan D or Plan E
i. charter the city manager, and in other cities the mayor, when authorized
} •
1 by vote of the city council, inay, within siity days of the publication of
notice of such assignment,.appeal to thedepartment from.the assign-
Ment of the board of'health '.Upon'such appeal or upon the department's
own initiative; the department-niay, after'dne notice and public hearing,
rescind,or suspend such assignment'or modify.the`same byithe imposi-
tion or amendment of-'conditions:
i A facility shall not.,be constructed or operated unless the proposed use y
and the plans or.design therefor have been'`approved'by-the:department,
and.notice;thaE such!appr`oval was given is recorded:in the registry of Xw
deeds, or if.the land affected thereby be'registered land,'in the;registry
section of the land court.for the district wherein the land ties.'`No site on
which.a facility wassoperated shall be conveyed or leased by the owner
thereof; or be devoted:to any use other than the operation of a facility;.
�t untilnotice that such facility was
operate d`on the "site is recorded in the
:= + registry of deeds, or if the land affected thereby, be'-registered land in
the;'registry section of-the land,court for:the district wherein'the land i,
r: lies.
Every person,.including 'every political'subdivision of the common-
wealth, maintaining or operating a.facility, shall maintain and operate
the same in such manner as will protect the public health, comfort and
convenience and prevent a nuisance or a danger to the public health by
reason of odor, dust; fires, smoke;the breeding or harboring of rodents,
flies or vermin, or other.causes. Upon determination that the operation
or maintenance of a facility results in a nuisance or a danger to the
Public health, such assignment may be rescinded or suspended or may be
modified through the imposition or amendment of conditions, at any time -
M after due notice and public hearing, by the board of health of the city or
town where such facility is:located, upon its own initiative or upon
complaint by any person aggrieved by such assignment, or by the
department, upon its own' initiative or upon complaint by any person
t, aggrieved by such assignment.
The department shall adopt and may from time to time amend rules
and regulations, and the commissioner may issue orders, to enforce the
provisions of this section. Any person, including any political subdivision
380
;a
'ct
T�
LTA ,:tn * f NOISOME TRADES 111 § 150A
'
r
such i<r' of the commonwealth, who fails to operate and maintain a.facility,in y
ental "' accordance with.the provisions of this section or in accordance with any
pre rules, regulations, or orders hereunder promulgated shall be punished by
for a-fine of 'not less'"than one hundred dollars.nor more than five hundred K.
11 be 2' dollars. Each day's failure to comply with said provisions, rules;:regula- i r:
tions or orders shall constitute a separate violation. r`
ng a if K The superior court shall have jurisdiction in equity to enforce the r'
ubhc ; ;�= provisions of this section upon petition of the department or any aggriev-
an E
YR ed person.
rued
Ash produced from the combustion of coal, including but not limited to
Sign �> fly ash and bottom ash, shall not be construed as refuse, rubbish,. :
ent's i garbage, or waste material under this section when used as araw
ri nj ' E material .for concrete block manufacture, aggregate, fill, base, for road
posy construction,:or other commercial or industrial purpose, or stored for
' f such use. A. location where such use or storage takes place may be
1 use o constructed,, established,, maintained, and operated without being con-
strued as a facility or site- for a- facility under this, section,',and no
assignment or approval from the board of health or the department shall
try ' Y'x;e ,F be required for'such construction;establishment, maintenance, or opera
1.r
a on ag* tion;. provided; however, the department shall have'jurisdiction,to deter-
y mine after notice andhearin that the-establishment or o er`ation of
vner a> " g,. P
ility, such a location has.created,a nuisance condition-by reason of odor, dust;
i the * , fires; smoke,..the breeding or.,harboring of rodents, flies or vermin, or
J, m "^' other causes, and to prevent o'r-order abatement thereof, and provided; ,
land further, that no final.disposal of:ash produced by the;combusttontof coal
may be•accomplished-by burial of:such ash'in the ground, other-:than as'
a ° base'for'road'construction or fill `unless the,place;where "such disposal
non G,;
rate. _ takes-place.'liai been assigned•for.such,disposal by the board of health
and'--, �; and plans for'such ;disposal have been approved by the department
h by pursuant,to,this,section." The department may waive the requirements
nts/ v i of the preceding.paragraphs of.this section and the application of any
Mott t, regulations, or portions thereof,.promulgated under the preceding para-
the graphs of this section as they may apply to the disposal by.burial of ash
y be ., produced by the burning of coal, and shall review and may approve the
time plans, site and method of storage upon a determination that no nuisancep1
y or ? is created and damage to the environment is minimal. Use of ash F.
ipon produced from the combustion of coal as intermediate cover material
the ` over rubbish at sanitary landfill facilities may be permitted by assign- '
*son ment of the board of health with approval of the department under this Pi
i
section.
lies t` Added by St.1955, c. 310, § 1. Amended by St.1969, c. 429; St.1969; c. 515, § 1;
the - �'`. �. - - St.1970, c. 839; St.1973, c. 1217, § 6; St.1975, c-500, § 4; St.1975, e. 706, §§ 181,
. . + -
>1.on ,.;. 182; St1976, c. 118; St.1978, c. 197, § 4; St.1982, c. 232, § 2.
} 381
s
K.
111 150A PUBLIC HEALTH
I5.
- Historical Note :
St.1955, c. 310, 5 1 was approved April board of health of the city or town where it k
25, 1955. - _ is located,or by the department upon deter-
As
eterAs originally enacted, this section read: -mination that the dumping ground or site fi
No place in any city or town shall be for a refusedisposal incinerator results in a
established or maintained by any reason,- nuisance'anda danger to the public health
including any political subdivision of the "The superior court shall have juriadic
r _ commonwealth, as a dumping ground for tion in,equity to.enforce-the provisions of :
garbage,-rubbish or other refuse or as a this section upon petition of the department g
6 - site for a refuse disposal incinerator unless or any person aggrieved." -such place has been assigned by the board Sections 2 and 3 of St.1955,c.310,proved
of health of such city or town as a dumping ed: y{
ground or as a site for a refuse disposal "Section 2:'Any place in use a8, or pub-
#14
ub
f: _
incinerator subject to the provisions of any licly held or licensed for use as, a dumping
ordinance or by-law adopted therein under -
chapter forty A or corresponding provisions ground for.'`garbage, .rubbish or -other.
( of earlier law. .The assignment of a.place -refuse or as a site for a:refuse disposal '
r as a dumping ground or as a site for a incinerator on the effective date of this act
" refuse disposal.incinerator shall be condi- shall be deemed to have been assigned un
boned upon such limitations with respect to der' section one hundred and•fifty:A-of
' the extent,-character.'and method of opera= :chapter one hundred and eleven of the Gen
tion thereof as may necessary to protect eraP Laws, but such assignment may >
the public health, comfort and'convenience. - :rescinded; suspended or modified 'inlike
Thedepartment shall advise, uponrequest, manner as an.assignment made under.said
any board of.health previous to the, assign-, section one hundred and fifty A as appear
ment of 8 lace as a,dum in ing m section one of this act. z ,
p dumping ground or as
a site for a refuse:disposal incinerator and "Section 3:. Any place' which has been
any person ,aggrieved by'tbe action of,a- a884ned by permit license onotherwise as a.
board of health in assigning a place as a _,dumping ground by the.board of health of a W ,
j dumping ground or,as.a site for a_:refuse city. or town:previously to the'passage of
disposal incinerator,'including,persona m >this actor which may be-so assigned subse-
j, control of any publirland, the selectmen of fluent to`its ,passage'in violation -of:the
: any town,and in.cities:having-a Plan-D or Provisions of any ordinance;or,by-law-adopt a -
tt -Plan E .charter ,the-city;manager, and in 'ed",therem under the provisions of chapter i
other cities the mayor, when authorized by forty A or correspondmgproviaione of;earh i
p }' vote of.thecity council;;may; within,sixty er.law,shall be_&med to--tie a violation-of r "
day,, appeal to the-department from the section one of:;;this act and the superior
' -assignment of the board of health,:and the court,shall have jurisdiction in;equity to
department may,after due notice and public compel the board.of health to revoke.such
' hearing;-rescind or suspend such assign- assignmentupon petition of the department
t ment or modify the same by the imposition dr.of any personaggrieved." e
_ - or amendment of conditions. St.1969, 'c.-429, approved June 18, 1969, 1
'Every person, including every political .rewrote the second sentence-of the second
- i subdivision of the commonwealth,maintain- paragraph to read: "The assignment of any t
ing or operating-a. place assigned as a place as a.dumping ground or as a site for a
dumping ground or.as a site for a refuse refuse disposal incinerator may be rescind-
disposal incinerator, shall maintain and op ed or ,suspended or may be modified
erate the same in such manner as will pro- through the imposition or amendmentof
tett the public health, comfort and conve- conditions, at any time after due notice and
nience and prevent a nuisance or a danger public hearing,by the board of health of the
sp { to the public health by rgason of odor,dust, city or town where it is located, by the
' fires, smoke, the-breeding or harboring of department upon its own initiative or upon
'} rodents, flies or vermin, or other cause. complaint by any person aggrieved by such
' The assignment of any placeas a dumping assignment,upon determination that the op-
ground
pground or as a site for a refuse disposal eration of the dumping ground or the
F incinerator may be rescinded or suspended, refuse disposal incinerator results in a nui-
or may be modified through the imposition sante or a danger to the public health.
Y or amendment of conditions, at any time St.1969, c. 515, 3 1, an emergency act,
after due'notice and public hearing, by the approved July 6, 1969, inserted ", and un-
fm
382
X
y `
Y}:
EALTH ', NOISOME TRADES 111 § 150A
- ` gF less such dumping ground or site is located called the commissioner", for "public
y ,� more than three hundred feet from any health", in thethird sentence of the third
n where it dwelling' house" at the end of the first paragraph.
pon deter- n,. _' ^' sentence of the first paragraph: St.1976, c. 118, inserted.the ninth pars-
!Suits
or site Section 2 of St1969, c. 515, provided: r
-suits in a +t' <�>' graph.
lie health. : .. "The-three hundred foot limitation con- St.1976, c. 118, was approved May 20,
1 ;�. tained in section one hundred and fifty A of
e jurisdir f. - chapter one hundred and eleven of the Gen-
1976 Emergency declarationby the Gover-
visions of �. ?e'"e�i eral Laws, as amended by section one of nor was-filed'May 25, 1976,
apartment this act, shall not apply to any dumping St1978, C. 197, § 4, approved June 1,
ground or site which has been maintained 1978 inserted "a residual waste storage or
10,provid- - by a municipality for a period of at least treatment plant" and "sludge and residual
` - one--year during the five years preceding waste" in the first paragraph. -
u;, or pub- :'.,'' the effective date of this act." St.1982,c.-232,§2,approved July 2, 1982,
s dumping .:- St.1970, c. 839, approved Aug. 28, 1970; in the fifth paragraph,in the first sentence,
or other y rewrote the section. - .added",and notice that such approval was
e disposal St1973, c. 1217, § 6, approved Dec. 12, given isrecordedin the registry of deeds,
Of this act ~^: ,•'' 1973, inserted the third paragraph., or if the land affected thereby be registered
signed un- Section 7 of St.1973,, c. 1217, provided: land, .in the registry section of the. land
fifty A of "So much of the provisions of section one - court for the district wherein the land lies",
I the Gen-' 2+, hundred and fifty A of chapter one hundred and added the second sentencer
t maybe - � and-eleven'.of the General Laws as are -
ad inlike el inserted by:section six of this act, shall Related Laws:
under said r t; apply only to a facility'at a location where St.1979, c. 393, § 57,-approved July 19,
as appear., there,has been no facility assigned under: 1979,and by § 73 made effectivei.July 1,
the provisions of said.section one hundred 1979, provided:.
has been: and-fifty A at any time prior to the effec -
Twise as,a `` tive date of this act" ` "A special commission consisting of three
health ofa - - members-of the senate, four members of
Bassa a of �, St.1975, C. 500, § 4,• approved July 15, the:house of representatives, .the commis-
g r 1975, inserted the second sentence in the
ned subse 'e< sionerof environmental.quality engineering
third paragraph. or his designee, and -five
un of the , St 975, 06, § 181, an emergency act;'. g Persons es b-
law adopt-' approved Nov 25,-1975;. g Y appointed h the governor, is hereby, vesti-
of chapter,. ,a PPand by§-312 made 7lished-for.the purpose of making an investi-
'sof
earli,- -effective as of July 1,:;1975, inserted "of gation and study relative to the feasibility.
iolationoU- t. ' environmental quality engineering;'in this of disposal methods alternative to inground-
p: sections called the department", in-the first Rr,:sanitary landfill methods and to study
-
a superior;:- Section 18the"second: ars +
sentence._of,
equity to, fir'' - �' - -P graph - 'and, propose...legislation 'prohibiting in- - - -
,voke such'.. ^" - 2 of StA975;c 706, substituted ground'and sanitary landfill disposal meth-
lepartment "environmental engineering, in this'section ods in the commonwealth."-
!'18, 1969, ,.., - Code of Massachusetts'Regulations
the second Disposal of solid wastes by sanitary landfill, see 310 CMR 19.01 et.seq.
lent of any :< -
a site for a -
xrescind- x, Cross References
modified Equitable jurisdiction of superior court, see c. 214, § 1.
ndment of Penalties for disposal of rubbish, etc. on or near highways and coastal or inland waters,
notice and 7 applicability to dumping rounds approved under this section, see c. 270, § 16.
�alth of the PP Y P g B PP „
Solid waste disposal, see c. 16, § 18 et seq. -
d, by the F;y� Solid waste disposal by department of public works,inapplicability of this section,see c. 16,
re or upon g lg. _ -
ed by such Waste disposal facilities, imposition of requirements for establishment and operation
hat the op �., pursuant to this section, see c. 40D, § 21(h). -
A or the
s in a nui- -
e health." Law Review Commentaries
gency act, "�-` Development of strict liability cause of hazardous waste. (1981) 16 New England
and un- action for personal injuries resulting from L.Rev. 543.
383
w Pr.IIF
... -,�_ ,y - .g,�.�,seca)r'Fxrc-a�..^^,rf .�:�N,K Rs�J�.a�'Sx,,. 1�i�.ar...�.., . . -•, .�[:�.� =a'-�s:. aae-�r9�x�.::-�vr^+'. � �'+�`
Y_
1, )
150A `
PUBLIC HEALTH x,
Managing solid waste disposal. William Water and air pollution and waste d�spoe y
Alsup (1974)8 Suffolk U.L.Rev. 555.
v al. Julian J. D'Agostine and Richard G.
.,[ Public regulations concerning nuisances: Huber„13-Annual Survey of Mass. Law,
r Richard G. Huber, 11 AnnualSuryey iof Boston-Colla e- 229 1966
Mass. Law, Boston College, p. 183 (1964). g p' ( ).
} {- Review of administrative adjudication.
John P. Clair, 11 Annual Survey of Mass.?_ Law, Boston College, p. 158 (1964). _ ...
R o- Library References
Health and Environment 1=25.5(5).. Comment.
Municipal Corporations e-607. Refuse disposal, see M.P.S. vol. 18A
C.J.S. Health and Environment §§ 91 et po r
seq., 106 et seq., 130, 131. - Randall and Franklin, § 760. _ ?,
CJ.S. Municipal Corporations § 265.
a
Notes of Decisions
Cyt'. In general 1 - Rection)repealing the 300-foot provision had Assignment of facility-sites, generally - 2 any retrospective effect was immaterial a
Contempt 7 .. Rose v. -Commissioner .of Public Health „
Damages 11 (1972) 282 N.E.2d 81, 361 Mass.625:.
#!i Evidence 8 This section applied to board of health as
V. Facilities operated by political subdivl- we as to department of public health s 2 �. w
1 t Bions or agencies 3 MacDonald v. Board of'Health of Braintree
Findings "10 - - (1964) 196 N.E.2d 646,'347 Mass. 76:'.'
Jurisdiction 6 - That-existence anmaintenance oflocalNuisance 6
- - d ,
dumps is a public necessity`for inhabitants
Presumptions and burden of proof 9 of municipality and.that enforcement of St.
' Refuse 4 - _ - 1962, C. 583 prohibiting-dumping of refuse '^=,
Review 12 - - - or trash in- area of Boston-would cause • ' ` 's'
t great hardship to the-.city;as'to its-samta [w -
a, - tion needs and demohtion.rcqui vu1ents in
1. In general _ , that no otherarea withmctty was available v
In action seeking to enjoin defendants for dumping'werewithout consequence in `-
( from preventing plaintiffs use ofher land determining whether. St.1962,-c. 583 was .
)• 'P. for purpose-of storing used rubber tires, unconstitutional as applied to landowner
�y
s?
TY. evidence supported trial judge's finding who had permit to operate private dump in '
y t _ that plaintiff's storage of. approximately area as nonconforming use. . Mile Road + '
SS 8,000 rubber tires on her land was for sal- Corp. v. City of Boston (1963) 187 N.E.2d
1q1q t- vage purposes,in violation of zoning bylaw, 826, 345 Mass. 379; appeal dismissed 83 _
as result of which plaintiff was properly S.Ct'1538, 373 U.S. 541, 10 L.Ed.2d 687.
:t enjoined from continuing said use,but it did Where board of health regulation, estab -
- not warrant findings that such use violated lishing form for granting approval for use
�.# provisions of this section governing private of land as dump and permitting dumping of
and public dumping grounds and c. 131, house dirt, rubbish and waste material,pro- ' #
§ 40, governing removal, fill, dredging or vided that no decomposing or offensive mat-
1,p altering of land bordering waters. Wright ter shall be dumped, the dumping of gar-
rS,t) v. Town of Shirley (1977) 359 N.E.2d 64, 5 bage was prohibited. Building Com'r of
Mass.App. 769. Medford v. C. & H. Co. (1946) 65 N.E.2d
Where Department's reaffirming order 537, 319 Mass. 273. i.
restricted dumping on locus to areas more Where zoning ordinance required that
than 300 feet from any dwelling, whether permit be obtained from building commis- �*•
x+ .. St.1969, c. 515 (amending this section) re- sioner for use of land its dump but board of *”
quiring area actually used for dumping be health had authority to control dumps,revo-
+�i more than 300 feet from an dwelling a cation of '
Y g P permit from board of health with- _
fl plied to the locus as to which an appeal was out notice or hearing was without substan-
t# a still pending when c. 515 became effective tial injury or manifest injustice to landown- r'
r or whether St.1970, c. 839 (amending this er who did not have permit from building
`?
384 x
1
r
NOISOME TRADES 111 § LNOA tx
commissioner, and petition for writ of cer- owned and municipally controlled sanitary •;"q
;z tiorari to quash action of board of health landfill site and was not required to apply
revoking..permit was properly dismissed. for permit for the operation. Rose v. Com-
Id. missioner of Public Health (1972) 282
N.E.2d 81, 361 Mass. 625.
2. Assignment of facility sites, generally This section did not apply to assignment
Assignment of locus as a dumping site
was valid even if there was a vacancof a part of the grounds of Medfield State ' "•
y Hospital as a site for disposal of refuse 's
in
V. membership of city board of health and from the operations of the hospital by De-
.i even if board membership included no phy- partment of Public Health or Department
sician. Rose v.Commissioner of Public of Mental Health. Op.Atty.Gen., Aug. 10,
Health(1972)282 N.E.2d 81, 361 Mass.625. 1966, p. 57.
Use of land in municipality for deposit of Department of mental health and/or de- ,
debris consisting of lumber, brick, plaster, partment of public health could establish a
wire lath, pipe, and, occasionally, refrigera- refuse disposal site on the grounds of Med-
ton, tires and ashes obtained in demolish-
field State Hospital without requesting per-
ing buildings made a "dumping ground" of
mission from the Medfield board of health '•
the site and it could not be lawfully estab- under this section. Id.
'. lished and maintained unless assigned by Application of this section was clearly.
Board of Health as dumping ground. PP
Board of Health of Holbrook v. Nelson limited so as to exclude refuse dumps estab-
(1966) 217 N.E.2d 777, 351 Mass. 17. lished or maintained by departments of the
Chapter 48, § 13,to effect that no person commonwealth. Id.
shall maintain fire in open air at any time
except by permission granted.by chief of 4' Refuse
of land, on effective date of
fire department and that chief, in case of
permit for demolition burning, may make this section was for operation of a commer
condition that fire department personnel be cial piggery and any refuse brought onto
present does not remove demolition dumps the locus which was not used as pig food
from provisions of this section prohibiting was brought there incident to operation of
maintenance of dumping ground in city or tae piggery, the land was not then being
town unless such place has been assigned used as a refuse dump within the"grandfa-
ther clause" of this section, and owners
by Board of.Health as dumping ground. , '.
- Id could not"boot strap"incidental disposition
of nonedible refuse in connection with the
Under this section, assignment could be
rPiggery into a commercial land fill disposal
rescinded before incinerator was put in op-
eration. MacDonald v. Board of Health of area of over 100 acres without first obtain-
Braintree (1964) 196 N.E.2d 696, 347 Mass. ing an assignment of the locus for that
76. purpose pursuant to the statute. Town of
Permit granted by health commissioner Seekonk v. Nunes (1974) 312 N.E.2d 217,2
and statutory assignment of land as dump- Masith or 340.
ing site were not vested property rights With or without no brick,aplas e, debris c ;x
consisting of lumber, brick, taster, wire 5t
immune from governmental action prospec- g plaster, g
tively effective, and the assignment could lath, pipe, and occasionally, refrigerators, '-
z
be repealed or amended by a later statute. tires and ashes obtained in demolishing _
Mile Road Corp.v.City of Boston(1963)187 buildings was "rubbish or other refuse"
N.E.2d 826,345 Mass.379,appeal dismissed within this section. Board of Health of
"'- Holbrook v. Nelson (1966) 217 N.E.2d 777,
83 S.Ct. 1538, 373 U.S.541, 10 L.Ed.2d 687. 351 Mass. 17.
ar A city dump cannot be assigned in an .. _ nd`
w area zoned for single family residences. -The words "trash" and "refuse" in St.
c. 583; prohibiting dumping of trash
Op.Atty.Gen., June 10, 1957, p.94. 1962f
or:refuse in area of Boston were synony-
3. Facilities operated by political subdi. mous and shared a meaning which was
visions or agencies roughly equivalent of "waste," "rubbish,"
k,t. Under provision of zoning ordinance al- or"debris"; St.1962,c. 583,was not limited
lowing any municipal use in a residence A to waste material that was combustible or •+
district and in any zone where residence A putrescible but was an absolute prohibition
uses are allowed without a permit, city of dumping in the area. Mile Road Corp.v.
board of health could operate municipally City of Boston (1963) 187 N.E.2d 826, 345 �?
385
-
' _: .. ,ux.. x,h`G",.�sw5`�cw-�--.._.'..^r,'s v„'r'�..w'3" -`?«��.+�,�"H^..''iw�'F,`wa, '..,.. .. .. ;Y&,ia`, '& ?�T-,."'-nx. L sn-;fit•'.-;*';i?"'Y ,.�i::��t'Rs ,-"_
y_
m
t 111 § 150A PUBLIC HEALTH s
Note 4 -'
w�H
I Mass. 379, appeal dismissed 83 S.Ct. 1538, was to bring its dump into compliance with
373 U.S. 541, 10 L.Ed.2d 687. applicable law was civil, superior court-
In
ourt In board of health regulation establishing judge so indicated in his original and re-
�� k} a form for granting approval for use of visedorders and town did not receive ade
rnate notice that a criminal contempt I land as a dump and permitting the deposit- 9 t was P „��
ing or dumping of house dirt, rubbish and involved, the case was to be treated as one
-�• waste material, "rubbish" is synonymous involving civil contempt only. Town of a�
#- - with refuse and includes ashes produced in Manchester v. Department of Environmen -
n dwelling. Building Com'r of Medford, v. C. tal Quality Engineering (1980) 409 N.E.2dy R
& H. Co. (1946) 65 N.E.2d 537, 319 Mass. 176, 381 Mass. 208.
"j•_ 273. Although court order setting forth terms
- by which town was to bring its sanitary " 'a '
t"' r 6. Nuisance ';.�
r landfill dump into compliance with applica r
In nuisance action arising from town's ble law stated that the parties, by agree-
sanitary
gree sanitary landfill operations,there was suffi-
cient evidence from which jury could find ment, could modify compliance schedule
¢,. that town maintain nuisance on plaintiffs' the time for further delay for civil contempt "
land. Abruzzese v. Town of Arlington
purposes was tolled on filing of contempt r '.
�.;
(1979) 387 N.E.2d 154, 7 Maas.A pp' 882, Petition as; despite any prior uncertainty,
position of Department of Environmentalr
.': In nuisance action against town arisingQuality Engineering was clarified at that
s from sanitary landfill operations, town was time. Id.
not entitled to requested instruction direct- a
ed to whether town- controlled actions of "kv
7x; supervisor of public works,,,rather than 8. Evidence
-whether town controlled premises on which Evidence in action to hold town in con-
'i operations were maintained. Id. tempt of court order setting terms by which ,
Where Department of Public Health of itwasto bring its sanitary landfill dump
1" Commonwealth fulfilled requirements of into compliance with applicable law indi'. P y cated that terms of order could have been
this section, the Department had authority
to decide that operation of dump resulted in substantially complied with under the speci-
:.,,a ".
nuisance and danger to public health and to fled timetable,and certainly within the two-
r. require that dump be operated strictly in year period prior to trial Town of Man-
accordance with sanitary land fill method. chegter v. Department of Environmental
§ Commissioner of Public Health v. Board of Quality Engineering(1980) 409 N.E.2d 176 ,"
t ' Health of Tewksbury(1966)215 N.E.2d 745, 381 Mass.208.
$} 350 Mass. 507. Evidence in action to hold town in civil -
+l�" " Smoke,odors,flies,rodents and wild dogs contempt of court order setting forth terms ..'F�2
l coming from town's dump onto property in by which town was to bring its dump into
A. neighborhood could constitute nuisance. compliance with applicable law supported .r.
Lenart v. Town of Kingston (1961) 175 findings that town failed to comply with
77 N.E.2d 384„342 Mass. 705. provisions requiring immediate compacting
R 3= 6. Jurisdiction and covering of material, hiring of regis-
tered, professional engineer within time °A
Jurisdiction in equity to enforce provi- specified, development of adequate plan for r
sions of this section authorizing Depart- operation of the dump and implementation -
-X t ment of Health to modify assignment of of such plan. Id.
$ y any place as dumping ground does not ex- -
+` f pand jurisdiction of courts to review basis
9Presumptions tions and burden of roof
.
I )} for the administrative decision. Commis- p p
sioner of Public Health v. Board of Health Department of Environmental Quality
' ` � ,• of Tewksbury (1966) 215 N.E.2d 745, 350 Engineering, seeking to hold town in con-
s(, Mass. 507. tempt of court order setting forth terms by
which town was to bring its sanitary landfill
><. 7. Contempt dump into compliance with applicable law, t
Where both town and Department of En- was required to prove its case by a prepon-
vironmental Quality Engineering adopted derance of the evidence. Town of Manches-
7 position that proceeding to hold town in ter v. Department of Environmental Quality
t q contempt for failure to comply with court Engineering (1980) 409 N.E.2d 176, 381
order setting forth terms by which town Mass. 208.
Iz 386
±t {
u�
LTH NOISOME TRADES 111 § 150$
¢. 6
with � ' `'�^ 10. Findings priation on ground that it was subject to a
court �` Trial judge's use of term"foot dragging" constructive trust as the purported trust 9 :~
d re- >r "1^ didnot detract from the other findings sup- was not legislatively created and, hence, it
ade porting conclusion that town, sought to be was error to order that fine, which was
t µ,ms held in contempt,had disobeyed court order payable to Department of Environmental
concerning operation of its sanitary landfill Quality Engineering, be expended for pur-
s one «a, ts= dump and, hence, such characterization did pose of enhancing natural resources of the
n of not render the findings insufficient to sup- Commonwealth. Id.
amen f = ? port conclusion that there was clear and
E 2d ,r" '� 1 undoubted disobedience of the order. Town 12. Review `
_ ,� of Manchester v. Department of Environ- Habeas corpus relief is only available z
terms .n§: .- ! mental Quality Engineering (1980) 409 where one has been deprived of a constitu-
utary ; '� , N.E.2d 176, 381 Mass. 208. tional right, and thus petitioner's concluso-
plica ✓;e '§ Trial judge erred in imposing a $30,000 rY allegations that state superior court _
igree Al fine against town for its civil contempt in judgment requiring petitioner's husband to "
module sV failing to comply with court order govern- remove refuse from his property and re- .
.empt , ;ding operation of sanitary landfill dump frain from dumping additional.waste there-
ampt '- where there were no findings on issue of on was vague, uncertain, overbroad and
rorty, IN
` damages. Id. void did not rise to constitutional level re-
ental +, :z '#r quired for habeas corpus relief-, further-
thatr ' 11. Damages more„her husband, by stipulating that he
Compensatory fine imposed on town for would comply with court order impliedly
ar its civil contempt in failing to comply with recognized its validity. Allen v. Reardon
�' 5F court order setting forth terms by which (D.C.1978) 457 F.Supp. 966.
con r town was to bring its sanitary landfill dump Under Const. Pt. 2, C. 1, § 1, Art. 3, ”
vhich `j into compliance with applicable law could be district and superior courts are creatures of
Jump ., �. based on costs of enforcement imposed on legislature and,jurisdiction they exercise is
'r the Department of Environmental Quality within legislative control, and thus c. 212,
been + y Engineering, including costs of litigation § 14B (repealed), pursuant to which a dis- '*
pec 'ji € and reasonable attorney's fees. Town of trict court judge temporarily sat on superior
Manchester v. Department of Environmen- court and directed habeas corpus petition-
two-
Man-
etition-
two-
Man tal Quality Engineering (1980) 409.N.E.2d er's husband to remove refuse from his
ental '2� 176, 381 Mass. 208. property and refrain.from dumping addi-
176 The cpmpensatory fine imposed on town tional waste thereon, was constitutional. rF
yrl .' for failure to comply with court order pro- - Id.
hibiting_operation of sanitary landfill dump Where record disclosed no reason why .,
civil , . was money "received on account of the defendant town, members of board of se-
eros commonwealth," within meaning of consti- lectmen of town and owner of tract of land
'
into ,, ' " tutional requirement of Const.Amend. Art. on which town dump was located should not
ortehA 63 , § 1 that all monies received on account have either complied promptly with decision ^
of the Commonwealth be paid into the trea- of Department of Public Health requiring 11 k
clog of
thereof and, except as otherwise pro- that dump be operated strictly in accord-
egis 1vided, not be paid out except pursuant to ance with sanitary land fill method or have
time # legislative appropriation. Id. soughtreview, decree enforcing decision of t
n for The $30,000 fine levied against townDepartment was proper. Commissioner of y ,?
ation , which was found in civil contempt for fail-, Public Health v. Board of Health of Tewks-
ing to comply with court order governing bury (1966) 215 N.E.2d 745, 350 Mass. 507.
,1 operation of sanitary landfill dump, was not An appeal prosecuted by a person who is
if outside constitutional requirement of Const. not a "person aggrieved," within the pur-
iality `} Amend. Art. 63, § 1 that it be paid into view of this section should be dismissed. t
con- treasury and subjected to legislative appro- Op.Atty.Gen., Dec. 8, 1965, p. 193.
is by
idfill - a
lax, �+" i+� §. 150B. Establishment of facility site
:nes- The definition of "facility" in section one of chapter twenty-one D ,
a3i81 £ shall apply to this section. Any such facility shall be subject to this
A section and not subject to section one hundred and fifty A.
r 387
a
#� bM�y L'I ' � t •,
~ e,
i TOWN HOUSE DEVELOPMENT
F 80 MIDDLESEX AVE. •SWAMPSCOTT, MASSACHUSETTS 01907 71 /
617-599-3174•617-322-8575 _ �✓/� ,
JOHN P.THOMPSON JR.
V< 1
Mr . David J. Hauls
Assistant Building Inspector
One Salem Green
Salem, Ma. 01970 April 12, 1990
Re: 28 Pickman Road
Salem, Ma.
Your letter dated April 6, 1990 to Mr . Michael Beatrice
Dear Mr . Harris:
AS you know, since I am the licensed builder in the
construction phase of the above-referenced project , I am
representing Mr . Beatrice and other owners, and all
communications from your office have been answered by me . I
have received copies of your communications to Mr . Beatrice
from him. I would appreciate you sending me a copy of
letters which you send Mr . Beatrice regarding the
construction I am involved with , as that is the best way to
facilitate my answerinmg your queries in a timely manner .
The first contact I had about dumping and potentially
burying anything on this property was from you in very early
January 1990 . I spoke to you on the telephone and verbally
told you that we had no intentions of burying construction
debris in that hole . I advised you that it would all be
taken to a dump before we filled in the hole. You said you
wanted to inspect the hole before we started to fill it .
On 3/8/90 , we took two loads of construction debris out
of this area and paid Turner Trucking of Commercial Street ,
Lynn, $289.00 to dump the debris. Sometime a few days after
that , I called you, and informed you that the debris had
been removed from the hole , so you could Inspect It . ( I did
everything you asked, start to finish . ) You subsequently
Inspected the site and acknowledged that all construction
debris had been removed.
I received a letter addressed to Mr . Beatrice from the
Salem Health Department dated 1/29/90 . In this letter tie
stated many violations of Massachusetts General Laws. My
wife immediately went to the Swampscott Public Library , and
could find nothing in the laws he quoted that had anything
to do with dumping trash or construction debris. We
responded to Mr . Burke of the Health Department in a timely
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. •SWAMPSCOTT, MASSACHUSETTS 01907
617-599-3174•617-322-8575
JOHN P.THOMPSON JR.
manner, and explained what our Intentions were (see enclosed
copy of letter dated 2/6/90 ) .
Mr . Burke called a few days later and talked with my
wife . He told her that he had received the letter and was
calling to say that there was no problem as long as the
construction debris was removed before the hole was filled
In . He stated that he could see that the construction on
the top of the hill would preclude getting a dumpster up to
the building site , and that putting the debris In. the hole
did keep It from blowing around the neighborhood.
On the day that we were burying the stumps which came
from the site In question , Mr . Burke met with my employees
and agents, and the neighbors. He inspected the site and
communicated to those present that he had no problem with
what we were doing. Mr . Burke told my son (Mr . Glen
Thompson) , that there were no health regulations on the
books in Salem regarding the burying of stumps. That
afternoon , my son , notified me that the neighbors were
agitated, and that the Health Inspector had been on the
site , and what he had said. I Immediately called the
Department of Environmental Ouality Engineering in Woburn ,
to ask them if there was any problem with burying stumps on
the same site they were removed from. I went Into detail
with the DEOE agent that we were building a house on a small
lot , and had 10-20 stumps that were cleared to build the
house on the lot . The agent said that he did not see any
problem with doing this, and that he would send me a
memorandum from his office regarding the burying of stumps.
I asked him directly if he could tell me If there was any
problem with what I told him I was doing, or if he would
look over what he was going to send me to see if I could
have a problem with what I was doing. He assured me that.
from what I had told him there was no problem and that he
would send a copy of the latest memorandum referring to
burying of stumps to me. This is the same memorandum I have
previously sent you and the Health Department , and I enclose
It here as well .
In regard to your letter dated April 6, 1990 , to Mr .
Michael Beatrice regarding 2B Pickman Road: I can' t believe
you had the temerity to send this letter to Mr . Beatrice ,
and not send a copy to me . After all the correspondance
that has to -do with this problem has been answered by me ,
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. •SWAMPSCOTf, MASSACHUSETTS 01907
617-599-3174•617-322-8575
JOHN P.THOMPSON JR.
you did not have the courtesy to send me a copy of this
letter. You know that I have complete control of building
the house for Mr. Beatrice , and we have corresponded
previously very well on other houses with no problem. I am
not trying to get away with anything, and I have been
keeping you informed emery step of the way .
In the second paragraph of your letter of April 6, you
state "Please be advised that prior to the issuance of the
Certificate of Occupancy, that the burled organic material
shall be removed from the site. " I request that you cite
the exact state law, or city ordinance , which substantiates
Your contention that we are In violation . I Interpret this
as a personal affront , after I have dilegently tried to
educate you regarding the fact that I am in violation of NO
state and/or city ordinances as to the burlal of stumps.
I demand that you respond to this letter within ten
days, as if you do not respond in a timely manner , this
could be extremely, extremely , extremely costly to Mr .
Beatrice and his other owners, and to .myself . If you hold
the Occupancy Permit for this house hostage for the burying
of the stumps without citing exactly what area of the
Massachusetts Building Code or any state or city ordinance
Is being violated, you will be held personally liable , along
with the City of Salem.
Awaiting our„reply ,
A;In P. Thompson, Jrl\ —�
Copy to: Enclosure :
Mr . Michael Beatrice Letter of 1/29/90
City Clerk Letter of 2/6/90
City Solicitor Letter- of 3/22/90
William H. Munroe Memorandum from DEOE
Board of Health Letter of 3/28/90
Letter of 3/31/90
Letter of 4/6/90
F
A
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970
r ^:
• ROBERT E. BLENKHORN 9 NORTH STREET
HEALTH AGENT
.1617) 741-1800 January 29, 1990
.Michael Beatrice
P.O. Box 4409
Salem, MA 01970
Re: '28 Pickman Road
-Dear Mr. Beatrice: 1
Due 'to complaints of improper trash disposal/storage practices a site investigation
of the property was conducted on January 18, 1990 by William Burke, R.S. of this
` 'Department. The investigation revealed the following: y ,
A large pit/depression located .to the rear of the house filled -'a
with construction debris .
9�
This practice is in Violation of Massachusetts General Laws : Chapter 150A Section
` 111 and 105• CMR 410.602, State Sanitary Code; Chapter IT.
,Youare hereby ordered to remove this debris within ten (10) days of receipt of
this notice. , You are further ordered to cease .and desist from continuing this
-practice. t
".Should you be aggrived by this Order, you have the right to request a hearing before
;.
the Board of Health. A request for said hearing _must be received in writing in the
office of the Board of Health within seven (7) days of receipt of this Order. At
said hearing, you will be given an opportunity to be heard and to present witness
anddocumentary evidence as to why this Order should be modified or withdrawn. You
may be represented by an attorney. Please also be informed that you have the right
to inspect and obtain copies of all relevant inspection or investigation reports,
orderes and other documentary information in the possession of this Board, and that .
any adverse party has the right to be present at the hearing.
Failure on your part to comply within the specified time may result in a complaint
being sought against you in Salem District Court.
The Health Department appreciates your anticipated cooperation in this matter.
If you have any questions contact this office.
' f FOR.THE BOARD OF HEALTH REPLY TO -
ROBERT E. BLENKHORN, C.H.O. WILLIAM T. BURICE, III, R.S .
HEALTH AGENT SENIOR SANITARIAN
REB/m
CERTIFIED MAIL P-268-686-924
cc: Building Inspector
i
TOWN HOUSE DEVELOPMENT
80 M1OOl.ESEX AVE. •SWAMPSCOTT, MASSACHusirm5 01907
41 i 617-599-3174•617-322-8575
JOHN P.THOMPSON JR.
Mr . William T. Burke , III , R.S.
Mr . Robert E. Blenk:horn , C. H .O.
City of Salem Health Department
Board of Health
Salem, Ma. 01970
February 6, 1990
Re : Letter dated January 29, 1990 , addressed to Mr . Mike
Beatrice , regarding 28 Plckman Road, Salem, Ma .
Dear Mr : Burke :
I am building a. new house at 28 Pickman Road for Mr .
[like Beatrice . I am not burying any trash on the site . I do
not believe we are in any violation of state law or sanitary
code , however , our attempt to look up the exact laws you
stated in your letter , led to dead ends, since the current
law books at the local library only list 11 sections of
Chapter 150A , and we were unable to obtain copies of the
State Sanitary Code and CMR and still answer this: In a
timely fashion . If you would like to pursue this matter , 1
respectfully request that you quote the alleged violations
in full , since they are apparently not readily available to
the general public .
The debris on the site was placed In the hole made when
backfilling to prevent it from blowing around the
neighborhood. If you investigated the site , you will agcee
with me that it is better there than on the slope , or,
free-standing at the top of the lot. , where it would soon be
spread around the neighborhood. Nothing other than organic
matter i .e . stumps, will be buried In the hole . 1 am, as you
must have noticed on your investigation , in the process of
building a house on the lot . 1 plan to remove the debris in
a timely manner . This is an ongoing project , and removing
the debris is Included In the scope of the work . I 'm sure
that you realize that 1 won' t get paid until the work Is
done , and you must realize that I want to get paid with the
building business as slow as it is. I certainly want to
complete the job as soon as possible , and that includes
removing the debris.
I would not Jeopardize my Building License or my
reputation by violating a code , to say nothing of the safety
r
�I
I
TOWN HOUSE DEVELOPMENT
T
80 MIDDLESEX AVE. a SWAMPSCWT, MASSACHUSETTS 01907
617-599-3174 a 617-3228575
Jom4 P. THOMPSON JR.
hazard which burying the debris might cause . It is my
Intention to Improve the nieghborhood with this home , and i
am simply doing my job. I understand that you must do your.•
job, too, and that Includes responding to complaints from
neighbors who are upset; with changes in their neighborhood,
Since I have just received the letter , and am now
responding to you , It is inconceivable that I can get the
debris removed within ten days. It: is impossible to get the
trucks up the hill right now due to the ground conditions.
Please be advised that i am aware of your concern , and
I will take care of the matter in a timely and proper
manner . I amus sure as you are that if I don' t the
neighbors will let you know.
Truly yours,
John P. Thompson , Jr .
cc/ Mr . Mike Beatrice
3
TOWNHOUSE DEVELOPMENT
90 MIDDLESEX AVE. •SWAMPSCOTT, MASSACHUSETTS 01907 -^
617-599-3174•817.322-8578
JOHN P. THOMPSON JR.
City of Salem Health Department
Mr . William T. Burke, III , R.S.
Mr . Robert E. Blenkhorn , C.H.O.
Board of Health
City Hall
Salem, .Ma. 01970
March 22, 1990
Re: 28 Plckman Road
Neighborhood Upheavel Today
Dear Mr . Burke :
As In my enclosed photocopied letter dated February 6, 1990 , to
you, nothing has changed. As I stated In the letter of that date, the
only thing we are going to bury are about a dozen stumps which were
necessary to remove to construct the house. Also, we are going to
bury some stones and dirt . Apparently today , March 22, the nleghbors
went wild about us burying these dozen stumps and stories and other
dirt . They notified the police , who sent two police cars to
Investigate . According to my son , Dave Harris, a Buildling Inspector
employed by the Building Department Inspected, as well as you .
Immediately upon notification from my son , Olen , about 3:30 PM , I
contacted DEOE In Woburn , to reaffirm my knowledge about burying
stumps. They told me they had a plan that was a good Idea , and that
they would send me a copy of It , but that there are no laws pertaining
to the burying of stumps.
Dave Harris from the Building Department Inspected the site on
about the 15th of the month , to make sure the building construction
debris had been remmoved from the hole , and agreed that all
construction debris had been removed from the excavation .
If you have any further questions, please notify me Immediately ,
as we are proceeding with landscaping immediately , I .e. within 24
hours.
Rn , urs
o so , r:'
cc/ Salem Police Department .
Building Inspector's Office- Dave Harris
Mike Beatrice
of ba[em, aggac�ju�ettg
Public Propertp ;Department
� e Nuilbing ;Department
One Oakm Oreen
745-9595 ext. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
March 28 , 1990
Mr. John P. Thompson, Jr.
Town House Development
80 Middlesex Avenue
Swampscott, MA. 01907
RE: 28 Pickman Road, Salem, MA.
Dear Mr. Thompson:
This is in regards to our conversation concerning back filling with organic
material (tree stumps) . Enclosed you will find the appropriate information from
the BOCA National Building Code Book.regarding this matter.
Please contact me at this office once you have removed the tree stumps ,
so the property can be reinspected.
Sincerely,
12
David J. Harris
Assistant Building Inspector
DJH/jmh
c.c. City Clerk
City Solicitor
Carolyn Ryan
Mary Hookes
Mark Blair
Jack Nutting
TOWN. HOUSE DEVELOPMENT
e0 MIDDLESEX AVE. •SWAMPSCOTT, MASSACHUSETTS 01907 -
617-599-3174•617.322-8875
JOHN P.THOMPSON JR.
Mr. David Harris,
Assistant Building Inspector
Public Property Departmment
One Salem Green
Salem, Ma. 01970
March 31 , 1990
Dear Mr . Harriss
In response to your letter of March 28, 1990 , regarding 28
Plckman Road, Salems
I follow the tenets of the Massachusetts 'State Building Code .
The Massachusetts State Building Code makes no reference to the
B.O.C.A. code . I do have the newest B.O.C.A. book , since I also work
In other states, which do use It , and I refer to It from time to time
as a reference . If I was a Building Inspector , I would absolutely
quote what I thought was the right way to do a Job, If It wasn' t
specifically addressed In the Mass. Building Code . I think you are
doing an admirable Job by sending me this page out of the B.O.C.A.
code , for my reference .
I heard from my son , who is also a state licensed construction
supervisor , and my head man on all crews, about the neighbor's concern
over the way we were , running the Job. I advised you of the reasons
for the hole being used, and that we would not bury construction
debris. I worked with you , and kept you Informed, so you could return
and re-Inspect the hole before we filled It In. I advised you In my
previous letter that we would be burying organic stumps, and the
Health Inspector called and talked with my wife and advised her that
everything was fine, and he understood my position . I realize that
you have to do your Job, however, you seem to be bending over backward
here to harass me.
In your certified letter of March 28, 1990 , you site B.O.C.A .
code regulations regarding backfllling. You have been to the site
' enough times to know 100% that nothing within 10 feet of the
foundation has been backfilled with anything but totally structurally
stable dirt , pebbles, and no organic material .
As you already know, I 'have talked with the D.E.O. E. relative to
this matter , and sent you the Information I received from them. If
you did not receive the Information, call me and I will hand deliver
you a copy . I mailed one to you at your office last week . I have
also talked with the Massachusetts State Building Commission , who
advised me that the B.O.C.A. code is not recognised at all In the
Massachusetts State Building Code . In fact , the person I talked with
at the Commission laughed when I told him what the situation was .
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. •SWAMPSCOTT. MAssACHUSE179 01907
617-599-31740617-322-6575
' JOHNP. T oMPSO c n legally bury on the property according to the D.E.O. E.
In orma� on, and nothing Is mentioned relative to this issue In the
Mass. Building Code . I agree with you that It would be Ideal to
remove the stumps from the property , It Just would not be practical ,
and it Isn' t specifically necessary , according to the existing code .
If you are concerned about this, and feel that It should be addressed
In the Code, you should work toward changing the law. As the law is
now written, It does not address stumps, therefore, you have no law to
enforce .
I understand that because of the nieghbors, you have to write
letters to keep them happy, and I appreciate your pulling out the page
of the B.O.C.A. code . Laws are laws, and we are both restricted by
them. We are both trying to do our Jobs to the best of our ability .
We are both subject to decisions, and don' t always make the right
ones, but the bottom line is that we both must operate under the laws
of the State of. Massachusetts, and the City of Salem. These must be
our guides. I feel that you are trying to put undo pressure on me ,
when your office should be defending me to the neighbors. I am
breaking no law In burying the stumps, and I would expect you to
advise the neighbors of that fact , rather than try to accuse me of
Inappropriate backfllling of the foundation . Why Is the Builder
always wrong? It should be your office's function to defend a builder
who Is working within the law. I have tried to work with you , and
even sent you material to help you , and you are still trying to nail
me for something, and damage my reputation . The building business Is
hard enough right now, and we can' t all be building Inspectors. Some
of us have to actually go out there and build with the market so down .
Don't make It any harder for us, please . I thought we were working
together, until I received this certified letter. Now I am not sure
what you are trying to do. I have worked with your office every step
of the way , and kept you informed. I have tried to answer your
queries with pertinent Information from public sources. I have done
everything possible to help you .
Truly yours,
John P. Thompson , Jr .
C/C
Mike Beatrice
V
✓ ' ,� I , kftp of batern, ;ftlaooac Wettg
Public Propertp �Dcpartment
�'�/NINB ;,, •', - ��3uilbiug �Dcpartment
A•<. t :
- -
One gDtilttll Otte"
745-9595 4Cxt. 380 .
William H. Munroe f
��•Director of Public Property
;,, FPlnspector of Buildings '
xj�;Zoning Enforcement Officer
April 6, 1990
c.
t
Mr. Michael Beatrice
`i; P.O. Box 4009 _
Salem, MA. 01970
RR: 28 Pickman Rd. , Salem, MA.
''Dear Mr. Beatrice:
'i Due to complaints received at this office, an inspection was made at the above
referenced property regarding the buriel of tree stumps.
Please be advised that prior to the issuance of: the Certificate of Occupancy,
's that the buried organic material shall be removed from the site.
0
If you need further assistance regarding this matter, please contact me at
this office.
Sinr rely, n
David J. Harris
Assistant Building Inspector
i
DJH/jmh
c.c. Board of Health
City Solicitor
:. City Clerk:
J
n
TOWN HOUSE DEVELOPMENT o
80 MIDDLESE%AVE. •SWAMPSCOTT, MASSACHUSETTS 01907 ( ;�
817-599-3174•817-322-8575 ;c
=rl CO
C3
JOHN P.THOMPSON JR.
Mr . David J. Harris
Assistant Building Inspector .
One Salem Green
Salem, Ma. 01970 April 12, 1990
Re : 728 PP 1�Road
Salem, Ma.
Your letter dated April 6, 1990 to Mr . Michael Beatrice
Dear Mr. Harris:
As you know, since I am the licensed builder in the
construction phase of the above-referenced project , I am
representing Mr . Beatrice and other owners, and all
communications from your office have been answered by me . I
have received copies of your communications to Mr . Beatrice
from him. I would appreciate you sending me a copy of
letters which you send Mr . Beatrice reqarding the
construction I am Involved with , as that is the best way to
facilitate my answerinmg your queries In a timely manner .
The first contact I had about dumping and potentially
burying anything on this property was from you in very early
January 1990 . I spoke to you on the telephone and verbally
told you that we had no Intentions of burying construction
debris in that hole. I advised you that it would all be
taken to a dump before we filled in the hole . You said you
wanted to inspect the hole before we started to fill it .
On 3/8/90 , we took two loads of construction debris out
of this area and paid Turner Trucking of Commercial Street ,
Lynn , $289.00 to dump the debris. Sometime a few days after
that , I called you , and informed you that the debris had
been removed from the hole , so you could Inspect it . ( I did
everything you asked, start to finish . ) You subsequently
Inspected the site and acknowledged that all construction
debris had been removed.
I received a letter addressed to Mr . Beatrice from the
Salem Health Department dated 1/29/90 . In this letter he
stated many violations of Massachusetts General Laws . Fly
wife immediately went to the Swampscott Public Library , and
could find nothing in the laws he quoted that had anything
to do with dumping trash or construction debris. We
responded to 'Mr . Burke of the Health Department In a timely
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. •SWAMPSCOTT, MASSACHUSETTS 01907
617-599-3174•617-322-8575
JOHN P. THOMPSON JR.
manner , and explained what our Intentions were (see . enclosed
copy of letter dated 2/6/90 ) .
Mr. Burke called a few days later and talked with my,
wife . He told her that he had received the letter and was
calling to say that there was no problem as long as the
construction debris was removed before the hole was filled
in . He stated that he could see that the construction on
the top of the hill would preclude getting a dumpster up to
the building site, and that putting the debris in the hole
did keep It from blowing around the neighborhood.'
On the day that we were burying the stumps which came
from the site in question , Mr . Burke met with my employees
and agents, and the neighbors. He inspected the site and
communicated to those present that he had no problem with
what we were doing. Mr . Burke told my son (Mr . Glen
Thompson ) , that there were no health regulations on the
books in Salem regarding the burying of stumps. That
afternoon , my son , notified me that the neighbors were
agitated, and that the Health Inspector had been on the
site, and what he had said. I immediately called. the
Department of Environmental Quality Engineering in Woburn ,
to ask them if there was any problem with burying stumps on
the same site they were removed from. I went Into detail
with the DEQE agent that we were building a house on a small
lot , and had 10-20 stumps that were cleared to build the
house on the lot . The agent said that he did not see any
problem with doing this, and that he would send me a
memorandum from his office regarding the burying of stumps.
I asked him directly if he could tell me if there was any
problem with what I told him I was doing, or if he would
look over what he was going to send me to see if I could
have a problem with what I was doing. He assured me that
from what I had told him there was no problem and that he
would send a copy of the latest memorandum referring to
burying of stumps to me . This is the same memorandum I have
previously sent you and the Health Department , and I enclose
it here as well .
In regard to your letter dated April 6, 1990 , to Mr .
Michael Beatrice regarding 28 Plckman Road: I can' t believe
you had the temerity to send this letter to Mr . Beatrice ,
and not send. a copy to me . After all the correspondance
that has to do with this problem has been answered by me ,
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. •SWAMPSCOTT, MASSACHUSETTS 01907
817-599-3174•817-322-8575
JOHN P.THOMPSON JR.
you did not have the courtesy to send me a copy of this
letter . You know that I have complete control of building
the house for Mr . Beatrice , and we have corresponded
previously very well on other houses with no problem. I am
not trying to get away with anything, and I have been
keeping you Informed every step of the way .
In the second paragraph of your letter of April 6, you
state "Please be advised that prior to the issuance of the
Certificate of Occupancy , that the buried organic material
shall be removed from the site. " I request that you cite
the exact state law, or city ordinance„ which substantiates
your contention that we are in violation . I Interpret -this
as a personal affront , after I have dilegently tried to
educate you regarding the fact that I am in violation of NO
state and/or city ordinances as to the burial of stumps .
I demand that you respond to this letter within ten
days, as if you do not respond in a timely manner , .this
could be extremely , extremely, extremely costly to Mr .
Beatrice and his other owners, and to myself . If you hold
the Occupancy Permit for this house hostage for the burying
of the stumps without citing exactly what area of the
Massachusetts Building Code or any state or city ordinance
Is being violated, you will be held personally liable , along
with the City of Salem.
Awaiting our.,r/eply ,
Jahn P. Thompson , Jrs,
Copy to: Enclosure :
Mr . Michael Beatrice Letter of 1/29/90
City' Clerk Letter of 2/6/90
City Solicitor Letter of 3/22/90
William H. Munroe Memorandum from DEOE
Board of Health Letter of 3/28/90
Letter of 3/31/90
Letter of 4/6/90
r
COPN,�
t
a
u^
fOIMlN6C��
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH
Salem, Massachusetts 01970
ROBERT E. BLENKHORN 9 NORTH STREET
HEALTH AGENT
16171 741-1800 January 29, 1990
Michael Beatrice
P.O. Box 4409
Salem, MA 01970
Re: 28 Pickman Road
Dear Mr. Beatrice:
Due to complaints of improper trash disposal/storage practices a site investigation
of the property was conducted on January 18, 1990 by William Burke, R.S. of this
Department. The investigation revealed the following:
A large pit/depression located to the rear of the house filled
with construction debris.
This practice is in Violation of Massachusetts General Laws: Chapter 150A Section
111 and 105 CMR 410.602, State Sanitary Code; Chapter II.
You are hereby ordered to remove this debris within ten (10) days of receipt of
i' this notice. You are further ordered to cease and desist from continuing this
practice.
Should you be aggrived by this Order, you have the right to request a hearing before
the Board of Health. A request for said hearing must be received in writing in the
office of the Board of Health within seven (7) days of receipt of this Order. At
said hearing, you will be given an opportunity to be heard and to present witness
and documentary evidence as to why this Order should be modified or withdrawn. You
may be represented by an attorney. Please also be informed that you have the right
to inspect and obtain copies of all relevant inspection or investigation reports,
orderes and other documentary information in the possession of this Board, and that
any adverse party has the right to be present at the hearing.
Failure on your part to comply within the specified time may result in a complaint
being sought against you in Salem District Court.
The Health Department appreciates your anticipated cooperation in this matter.
If you have any questions contact this office.
FOR THE BOARD OF HEALTH REPLY TO
ROBERT E. BLENKHORN, C.H.O. WILLIAM T. BURKE, I11, R.S.
HEALTH AGENT SENIOR SANITARIAN
REB/m
CERTIFIED MAIL P-268-686-924
cc: Building Inspector
a
i
TOWN ROUSE DEVELOPMENT
80 MIDDLESEX AVE. •SWAMPScarr, MASSACHUSE-rTS 01907
617-5993174 •817.322.0575
JOHN P. THOMPSON JR.
Mr . William T. Burke , III , R.S.
• Mr . Robert E. Blenkhorn , C.H .O.
City of Salem Health Department
Board. of Health
Salem, Ma. 01970
February F , 199(11
Per Letter dated January 29, 1990 , addressed to Mr . Mike
Beatrice , regarding 213 Pickman Road, Salem, Ma.
Dear Mr . Burkei
I am building a. new house at 28 Plrkman Road for Mr .
Mike Beatrice . I am not burying any trash on the slt.e . I clo
riot believe we are In any violation of state law or sanitary
code , however , our attempt to look up the exact laws you
stated In your letter , led to dead ends, since the current:
law books at the local library only list 11 section-3 of
Chapter 150A , and we were unable to obtain coples of the
State Sanitary Code and CMR and stl'll answer thlrr In a
timely fashion . If you would like to pursue this matter . I
respectfully request that you quote the alleged violations
In full , since they are apparently not readily available h-i
the general public .
The debris on the site was placed In the Iwle nrerJe taken
backfilling to prevent It from blowing around 1.h(:-
neighborhood.
heneighborhood. If you Investigated the site , -you will aurer:
with me that It Is better there than on the slope . at
free-standing at the top of the lot where it would soort be
spread around the 'neighborhood. 11,10thIng other than orclarilc
matter I .e . stumps will by burled In the holeJl arn, as you
must have noticed on your Investigation , In the process of
building a house on the lot . I plan to remove the debris in
a tImeIy .manner . This is an ongoing project , and removino
the debris is Included In the scope of the work. . I 'm sure
that you realize that 1 won' t get paid until the work, is
done , and you must realize that, I want to get paid with the
building business as slow as it is. I certainly want to
complete the Job as soon as possible , and that Includes
removing the debris.
I would not Jeopardize my Building License or my
reputation by violating a code, to say nothing of tyre Eiafety
TOWN HOUSE DEVELOPMENT
I80 MIDDLESEX AVE. 6 SWAMPSCOTT, MASSACNUSEttS 01907
617-599-3174 0 817.32.2-8875
JOHN P.T1401A4 Jrt.
hazard which burying, the debris might cause . It Is my
Intentlon to Improve the tlleclhborhood with tills home , and i
am simply doing my Job, I understand that you nue3t c10 your
.Job , too, and that ' Includes responding to complaints Erum
neighbors who are upset with changes In their- nelphborhoocl.
Since 1 have Just received the letter , and am now
responding to you , It is inconceivable that I carr cret, the
debris removed within ten days. it. Is Imporsslble+ Co get, lluf
trucks up the hill right now due to the ground condit: lr,,ns .
Pleaae be advised that 1 and aware of your. concern , and
I will take care of the matter In a timely anca proper
manner . I am as sure as you are that IE I don' t. the
neighbors wlII let you knWnP'
s
rnpson , L
cc/ Mr . Mike Beatrice
3
TOWNHOUSE DEVELOPMENT
60 MIDDLESEX AVE. •SWAMPSCOTT. MASSACHUSETTS 01907
817-599-3174 817-322-8578
JOHN P.THOMPSON JH. "
City of Salem Health Department
Mr . William T. Burke, III , R.S.
Mr . Robert E. Blenkhorn, C.H.O.
Board of Health
City Hall
Salem, .Ma. 01970
March 22, 1990
Rei 28 Pickman Road
Neighborhood Upheavel Today
Dear Mr . Burke :
As In my enclosed photocopied letter dated February 6, 1990 , to
you, nothing has changed. As I stated In the letter of that date , the
only thing we are going to bury are about a dozen stumps which were
necessary to remove to construct the house . Also, we are going to
bury some stones and dirt . Apparently , today , March 22, the nleghbors
went wild about us burying these dozen stumps and stones and other
dirt . They notified the police , who sent two police cars to
Investigate. According to my son , Dave Harris, a Bulldling Inspector
employed by the Building Department Inspected, as well as you .
Immediately upon notification from my son , Olen, about 3:30 PM, I
contacted DEOE In Woburn , to reaffirm my knowledge about burying
stumps. They told me they had a plan that was a good Idea, and that
they would send me a copy of It , but that there are no laws pertaining
to the burying of stumps.
Dave Harris from the Building Department Inspected the site on
about the 15th of the month , to make sure the building construction
debris had been remmoved from the hole , and agreed that all
construction debris had been removed from the excavation .
If you have any further questions, please notify me immediately ,
as we are proceeding with landscaping Immediately, I .e . within 24
hours.
pT m y urs
hn o n; r .
cc/ Salem Police Department
Building Inspector's Office- Dave Harris
Mike Beatrice
r/3
o1�
S. Russell Sylva
Commissions MQpRAN[xg$
n
I ,
Division of Tot REE's, MUS's, Divis ir rs 01
Solid Waste N
From: L. James Mil irector, DSW14
1 Winter Street Date: August 14, 1987
Boston, MA 02108 Oq+ �:
Subject: Policy on the Disposal of odwastes ;
L. James Miller
Director y
l
INIRODUCPION
Numerous requests have been received for the Department's policy
concerning the proper disposal of brush and stumps (woodwastes) generated from
the clearing of land for agricultural purposes, development projects, and from
town DPW operations. The following document outlines the proper process to be,
followed for brush and stuff disposal.
BACKGROUND
Pursuant to M.G.L. Chapter 111, section 150A any site which is to be used
for the disposal of refuse must obtain a site assignment from the local board
of health and approval from DDQE prior to operation.
Brush and stumps disposed of at municipal or pial landfills are
defined as "bulky wastes" under 310 CMR 19.01(2) . Their disposal is regulated
under 310 CMR 19.17. However, municipalities and owtmeernial operators often do
not allow the disposal of large quantities of brush and/or stumps at approved
solid waste landfills. Landfill operators are reluctant to accept large
quantities of woodwastes because they are difficult to handle and they reduce
the capacity of landfills for refuse disposal. Most conmanities do not have
dedicated municipal brush and stump landfills or the facilities to handle and
chip stumps. Stumps and unchipped woodwastes are not acceptable fuels at
resource recovery incinerators because they may plug the feed shutes or ash
chutes, or, in the case of stumps, be incompletely burned as they roll dam
incinerator grates. Therefore, proper disposal of woodwastes may pose a
serious problem for the generator of the woodwaste.
Brush and stumps may be disposed of in sufficient quantities that they
may potentially cause environmental problems. Brush and stump piles pose a
threat of fire and therefore air pollution. Pursuant to 310 CMR 7.07, the open
burning section of the Air Pollution Control Regulations, "No person shall
cause,,suffer,_allow_or permit the open,burning of any combustible_material."
B>vsli and stumps buried-on the site of a develoPmmfit project may cause land
'subsidence when the organic material decomposes and settles, particularly`if
the woodwastes are not well compacted. Such subsidence would jeopardize the
structural integrity of any buildings or other structures built on the site or
'Ti5rgte potentially dangerous sink holes. If a woodwaste disposal area is
sufficiently large tthe-potential exists for future contamination of
groundwater sources from organic acids produced as the woodwastes decompose.
It is therefore important that woodwaste disposal sites be properly located and
operated.
Disposal of woodwastes, particularly stumps, in a properly sited and
operated woodwaste-only landfill has been determined by the Department to be a
viable method for woodwaste disposal. Woodwastes disposed of in such a mariner
will not cause the environmental problems usually associated with the disposal
of municipal or commercial refuse. The requirements for woodwaste landfill
design may therefore be less stringent than those for municipal or commercial
refuse disposal landfills. Such woodwaste disposal facilities would be limited
to accepting only woodwastes. No other type of refuse shall be accepted by
woodwaste-only landfills.
The Department encourages the chipping or ccmposting of all woodwastes.
310 CMR 19.17(2) requires that all brush accepted at sanitary landfills be
chipped within two weeks. chipped woodwastes may be used for a variety of
beneficial use including mulch and as a bulking agent in the composting of
sludges. The Department also encourages innovative technologies which result
in use of brush and stumps to produce compost. For example, the Department has
approved landfills at which brush and stumps are landfilled and exhumed after
several years for use as campost produced as a product of natural decomposition
of the buried woodwaste. Such a landfilling operation utilizes woodwastes. as a
resource while minimizing the amount of lard required for the landfill.
The intent of this policy is to regulate the disposal of woodwastes which
may not be disposed of at established municipal or eonmrercial'.landfills and
which may, as a result, pose future environmental or nuisance problems. It is
not the intent of-this policy to regulate small quantities of woodwastes
generated by prate citizens on their own property or from small lard clearing
operations suc2i as may occur for agricultural purposes `•�
The Department recognizes that the quantity of woodwastes generated from
site to site may vary depending on the type of trees cut, the maturity of the
trees, the density of the stand and other site-specific factors. These factors
will be considered in reviewing plans for woodwaste disposal areas.
DEFINITIONS
For the purposes of this policy the following definition shall apply: '
(kLoodwasa
Solid wastes consisting of trees, stumps, brush, and leaves. This
includes, but is not limited to sawdust, chips, shavings and bark, but
does not include wood pieces or particles containing chemical
preservatives such as creosote, pentachlorophenol, paints, stains, or
other coatings.
POLICY
1. M.G.L. Chapter 111, section 150A defines a "facility" as "a sanitary
landfill . . . a refuse carposting plant, a residual waste
storage or treatment plant, (or) a dunping ground for refuse or
other works for treating or disposing of refuse".
2. Woodwaste disposal facilities are considered a subset of "sanitary-
landfills" as defined in 310 CMR 19.01(14) . Such facilities will
accept only woodwastes as defined above, and for the purpose of
clarifying 310 CMR 19.01(14) are further defined through this policy
as:
a. Any disposal area in which woodwastes from one or more other
sites, whether within the same municipality or from other
municipalities, are transported to the disposal area (herein
termed an off-site disposal area) ; or,
b. Any disposal area located at the site of woodwaste generation
accepting only woodwastes generated from that particular
lard-clearing operation (herein termed an on-site disposal
area) or
c.` Any off-site or on-site woodwaste disposal facility, as defined
herein, at which woodwastes are to be landfilled and exhumed
for use as oompost after a period of time.
3. Storage facilities for wood products, such as lumiber yards, where
the wood is intended to be used as lumber, firewood, or wood chips,
do not constitute disposal facilities or residual waste storage or
treatment facilities pursuant to C.111, s.150A provided such storage
facilities do not function as refuse transfer stations pursuant to
310 CMR 18.01(12) or as either an open duiTp or a sanitary landfill
pursuant to 310 CMR 19.01(8) and (14) . A site used for speculative
accumulation when no market for such wood products can be
demonstrated to exist, shall be deemed a woodwaste disposal facility
as defined in Paragraph 2. because it is serving as a de facto final
disposal location. Such a site must therefore satisfy the
provisions of Paragraphs 4. and 5.
4. lAll woodwaste disposal facilities as defined in Paragraph 2a. - 2c.
shall be subject to the requirements of Chapter 111, section 150A,
which requires a site assignment by the local Board of Health and
plan approval by the Department prior to operation as a woodwaste
disposal facility.
5. Woodwaste materials differ substantially from other types of solid
wastes in that they may be completely domed and may generate
less harmful leachate. For these reasons woodwaste disposal sites
with a volume of less than 200 cubic yards are not required to
submit plans to the Department, except as determined by Paragraph
9. However, any woodwaste disposal area, regardless of size, mist
not pose a threat to air quality pursuant to 310 CMR 7.07. Also,
this provision does not inply that many small (less than 200 cubic
' r
yards) woodwaste disposal sites should be located in an area where
the combined environmental effects of these disposal sites would
likely be additive. In the event that several small woodwaste
disposal sites are located near each other on the same or contiguous
pieces of property the Department may consider the entire area as
one woodwaste disposal facility.
6. Woodwaste disposal facilities as defined in Paragraph 2. shall
accept only woodwastes as defined above. However, this does riot,
preclude municipal arra commercial sanitary landfills from accepting
brush and stumps as "bulky wastes" pursuant to 310 CMR 19.17. If
municipal and commercial sanitary landfills accept woodwastes, they
must do so in full corpliance with 310 CMR 19.03.
7. plans for woodwaste disposal facilities shall be submitted in
accordance with 310 CHR 19.03. • Each woodwaste disposal project
shall be reviewed on a case-by-case basis taking into account such
factors as the size of the site, volume of material to be disposed,
plans for covering the woodwastes, possible effects on local water
supplies and resources, proposed future land use, potential for fire
hazard, and potential to cause nuisance conditions.
8. The location of any assigned woodwaste disposal facility shall be
registered with the local Board of Health and the Registry of Deeds
pursuant to Chapter 111, section 150A (as amended by Chapter 232,
section 2 of the Acts of 1982) , and on all relevent property deeds
so as to ensure that future property owners are aware that the site
was used as a woodwaste disposal facility.
9. Any woodwaste disposal facility or facilities, regardless of size or
location, which in the Department's or the local Board of Health's
opinion could potentially produce adverse impacts on the public
health, pose a possible danger to ground water or surface water
supplies, cause major nuisance conditions, or be established as a
continuing landfilling operation shall submit a complete and
detailed plan of design and operation in accordance with 310 CMR
19.00 and related policies.
IMPLEMENIATION
The woodwaste disposal policy is applicable to all large volume (greater
than 200 cubic yards) generators of woodwastes because of the volumes of
woodwastes produced, the potential for nuisance conditions to develop, and the
necessity to carefully note the location of such disposal areas. This policy
is not intended to cover woodwaste disposal by homeowners on their propery
provided nuisance conditions do not develop and the disposal site does not
exceed 200 cubic yards in volume. The Department will review woodwaste
disposal sites on a case-by-case basis and determine the level of applicability
of this policy to those sites.
r.
This policy is itself subject to C.111, s.150A and 310 CMR 19.00. In the
case that any conflict should arise between applicable statutes aril
regulations and this policy, the applicable statute or regulation shall take
precedence.
until such time as new regulations
This policy is considered ter�orary
are pranulgated. The Departonent put such regulatthis i
ons
it cyinto place
soon, at which time the near regulations shall
i
t
. . .. . ........ .. :-....y..-^ ,....wwc.?..., .,:cwsmpq�f^*'�aNM!C?"-^;e�mc!:•`C"�aq� w:.a, z�«,�py�i.�m�a m^h���b,,,1 `*' � ', 1:GF �t e:`.,;1...".:..,
cf tp of batem, olaggacbugetU;
l r Public Propertp ;Department
jiuilbing )Department
One fpalem Green
745-9595 CA. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
March 28, 1990
Mr. John P. Thompson, Jr.
Tuan House Development
80 Middlesex Avenue
Swampscott, MA. 01907
RE: 28 Pickman Road, Salem, MA.
Dear Mr. Thompson:
This is in regards to our conversation concerning back filling with organic
material (tree stumps) . Enclosed you will find the appropriate information from
the BOCA National Building Code Book.regarding this matter.
Please contact me at this office once you have removed the tree stumps
so the property can be reinspected.
Since ely,
David J. Harris
Assistant Building Inspector
DJH/jmh
C.C. City Clerk
City Solicitor
Carolyn Ryan
Mary Hookes
Mark Blair
Jack Nutting
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. • SWAMPSCOTT, MASSACHUSETTS 01907
817-599-3174•817.322-8575 -
JOHN P.THOMPSON JR.
Mr . David Harris,
Assistant Building Inspector
Public Property Departmment .
One Salem Green
Salem, Ma. 01970
March 31 , 1990
Dear Mr. Harriss
In response to your letter of March 28, 1990 , regarding 28
Pickman Road, Salems
I , follow the tenets of the Massachusetts State Building Code .
The Massachusetts State Building Code makes no reference to the
B.O.C.A. code. I do have the newest B.O.C.A . book , since I also work
In other states, which do use It , and I refer to It from time to time
as a reference . If I was a Building Inspector , I would absolutely
quote what I thought was the right .way to do a Job, If It wasn' t
specifically addressed In the Mass. Building Code . I think you are
doing an admirable Job by sending me this page out of the B.O.C.A.
code, for my reference.
I heard from my son , who is also a state licensed construction
supervisor, and my head man on all crews, about the neighbor's concern
over the way we were running the Job. I advised you of the reasons
for the hole being used, and that we would not bury construction
debris. I worked with you, and kept you Informed, so you could return
and re-Inspect the hole before we filled It In. I advised you In my
Previous letter that we would be burying organic stumps, and the
Health Inspector called and talked with my wife and advised her that
everything was fine , and he understood my position . I realize that
you have to do your Job, however, you seem to be bending over backward
here to harass me.
In your certified letter of March 28, 1990 , you site B.O.C.A .
code regulations regarding backfilling. You have been to the site
* enough times to know 100% that nothing within 10 feet of the
foundation has been backfilled with anything but totally structurally ,
stable dirt , pebbles, and no organic material .
As you already know, . I have talked with the D.E.O.E. relative to
this matter , and sent you the Information I received from them. if
you did not receive the Information, call me and I will hand deliver
you a copy . I mailed one to You at your office last week . I have
also talked with the Massachusetts State Building Commission , who
advised me that the B.O.C.A. code Is not recognised at . all In the
Massachusetts State Building Code . In fact , the person I talked with
at the Commission laughed when I told him what the situation was.
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. •SWAMPSCOTT, MASSACHUSETTS 01907
817-599-3174 9 817-322-8575
JOHNT OMPL Lap legally bury on the property according to the D. E.O. E.
P.
information, and nothing Is mentioned relative to this Issue In the
Mass. Building Code . I agree with you that .it would be Ideal to
remove the stumps from the property , It Just would not be practical ,
and it isn' t specifically necessary , according to the existing code .
If you are concerned about this, and feel that It should be addressed
In the Code, you should work toward changing the law. As the law is
now written, It does not address stumps, therefore , you have no law to
enforce .
I understand that because of the nleghbors, you have to write
letters to keep them happy, and I appreciate your pulling out the page
of the B.O.C.A. code . Laws are laws, and we are both restricted by
them. We are both trying to do our Jobs to the best of .our ability .
We are both subject to decisions, and don' t always make the right
ones, but the bottom line is that we both must operate under the laws
of the .State of Massachusetts, and the City of Salem. These must be
our guides. I feel that you are trying to put undo pressure on me ,
when your office should be defending me to the neighbors. I am
breaking no law in burying the stumps, and I would expect you to
advise the neighbors of that fact , rather than try to accuse me of
Inappropriate backfilling of the foundation . Why is the Builder
always wrong? It should be your office's function to defend a builder
who is working within the law. I have tried to work with you , and
even sent you material to help you , and you are still trying to nail
me for something, and damage my reputation . The building business Is
hard enough right now, and we can' t all be building Inspectors. Some
of us have to actually go out there and build with the market so down .
Don' t make It any harder for us, please . I thought we were working
together, until I received this certified letter . Now I am not sure
what you are trying to do. I have worked with your office every step
of the way, and kept you Informed. I have tried to answer your
queries with pertinent Information from public sources. I have done
everything possible to help you .
Truly yours;
John P. Thompson, Jr .
C/C
Mike Beatrice
Y
�itp of aIenY, �Aia mga�c�ju�ett�
Public Propertp Mepartinent
arnNe Nuilbing �Aeparttttent
z.:. One Sentem @ween
G, 745-9595 uCxt. 380
s ,;William H. Munroe I
-,Director of Public Property 1
'Inspector of Buildings
n
4i "Zoning Enforcement Officer
April 6, 1990
j
-` Mr. Michael Beatrice
P.O. Box 4009
€ Salem, MA. 01970
4 `
RE: 28 Pickman Rd. , Salem, MA.
'y rDear Mr. Beatrice:
is ,
h
Due to complaints received at this office, an inspection was made at the above
referenced property regarding the buriel of tree stumps.
Please be advised that prior to the issuance oL the Certificate of Occupancy,
`;that the buried organic material shall be removed from the site.
If you need further assistance regarding this matter, please contact me at
this office.
Sul
t utiy���CQ�22c2�
David J. Harris
Assistant Building Inspector
DJH/jmh
c.c. Board of Health
City Solicitor
Y City Clerk .
e
r. }
Y
TOWNHOUSE DEVELOPMENT
80 MIDDLESEX AVE. •SWAMPSCOTT, MASSACHUSETTS 01907 •�,
617-599-3174 617-322-8575 .y1
STT= F
cein
JOHN P. THOMPSON JR.
Mr . David Harris,
Assistant Building Inspector °
Public Property Departmment -�
One Salem Green '
,m
Salem, Ma. 01970
March 31 , 1990
Dear Mr . Harris:
1,n-response to your letter of March 28, 1990 , regarding 28
Ci Pickman Road, Sal m
I follow the tenets of the Massachusetts State Building Code .
The Massachusetts State Building Code makes no reference to the
B.O.C.A. code. I do have the newest B.O.C.A. book, since I also work
in other states, which do use it , and I refer to it from time to time
as a reference. If I was a Building Inspector, I would absolutely
quote what I thought was the right way to do a job, if It wasn' t
specifically addressed in the Mass. Building Code. I think you are
doing an admirable job by sending me this page out of the B.O.C.A.
code, for my reference .
I heard from my son , who is also a state licensed construction
supervisor, and my head man on all crews, about the neighbor's concern
over the way we were running the job. I advised you of the reasons
for the hole being used, and that we would not bury construction
debris. I worked with you, and kept you informed, so you could return
and re-inspect the hole before we filled it in. I advised you in my
previous letter that we would be burying organic stumps, and the
Health Inspector called and talked with my wife and advised her that
everything was fine , and he understood my position . I realize that
you have to do your job, however , you seem to be bending over backward
here to harass me .
In your certified letter of March 28, 1990 , you site B.O.C.A.
code regulations regarding backfilling. You have been to the site
enough times to know 100% that nothing within 10 feet of the
foundation has been backfilled with anything but totally structurally
stable dirt , pebbles, and no organic material .
As you already know, I have talked with the D.E.O.E. relative to
this matter , and sent you the information I received from them. If
you did not receive the Information, call me and I will hand deliver
you a copy . I mailed one to you at your office last week . I have
also talked with the Massachusetts State Building Commission , who
advised me that the B.O.C.A. code is not recognised at all In the
Massachusetts State Building Code . In fact , the person I talked with
at the Commission laughed when I told him what the situation was.
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. 0 SWAMPSCOTT, MASSACHUSETTS 01907
617-599-3174•617-322-8575
JOHN P. T OMP6W legally bury on the property according to the D.E.O.E.
information, and nothing is mentioned relative to this issue in the
Mass. Building Code . I agree with you that it would be ideal to
remove the stumps from the property , It just would not be practical ,
and it isn' t specifically necessary, according to the existing code.
If you are concerned about this, and feel that It should be addressed
In the Code , you should work toward changing the law. As the law is
now written , it does not address stumps, therefore , you have no law to
enforce .
I understand that because of the nieghbors, you have to write
letters to keep them happy, and I appreciate your pulling out the page
of the B.O.C.A. code. Laws are laws, and we are both restricted by
them. We are both trying to do our jobs to the best of our ability .
We are both subject to decisions, and don't always make the right
ones, but the bottom line is that we both must operate under the laws
of the State of Massachusetts, and the City of Salem. These must be
our guides. I feel that you are trying to put undo pressure on me ,
when your office should be defending me to the neighbors. I am
breaking no law in burying the stumps, and I would expect you to
advise the neighbors of that fact , rather than try to accuse me of
inappropriate backfilling of the foundation . Why is the Builder
always wrong? It should be your office's function to defend a builder
who is working within the law. I have tried to work with you , and
even sent you material to help you , and you are still trying to nail
me for something, and damage my reputation . The building business is
hard enough right now, and we can't all be building inspectors. Some
of us have to actually go out there and build with the market so down .
Don' t make It any harder for us, please . I thought we were working
together, until I received this certified letter . Now I am not sure
what you are trying to do. I have worked with your office every step
of the way , and kept you informed. I have tried to answer your
queries with pertinent information from public sources. I have done
everything possible to help you.
Tru I y o s,
J
J n P. Thompson, Jr.
C/C
Mike Beatrice
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APR 12 1M
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VIe sc, Ienyl Green- 2Mj.,N
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P 268 691 678
RECEIPT FOR CERTIFIED MAIL
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Cftp of harem, Oaaacbuoetw
public propertp department
Nuilbing )Department
One 0alem oreen
745-9595 Cxt. $80
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
April 6, 1990
Mr. Michael Beatrice
P.O. Box 4009 .
Salem, MA. 01970
RE: 28 Pickman Rd.,, Salem, MA.
Dear Mr. Beatrice:
Due to complaints received at this office, an inspection was made at the above
1 referenced property regarding the buriel of tree stumps.
Please be advised that prior to the issuance of the Certificate of Occupancy,
that the buried organic material shall be removed from the site.
If you need further assistance regarding this matter, please contact me at
this office.
Sin
David J. Harris
Assistant Building Inspector
DJH/jmh
c.c. Board of Health
City Solicitor
City Clerk: . .
it TOWN HOUSE DEVELOPMENT
AO MIDDLr:.SF_% Mr_. 4 9WAMPSCO'IT, MASSACHuSr.rTS 01907
617-599-3174•817-322-8575
ry _
o m -
Tim r
JOHN P. THOMPSON JR.
lm-t q cc
Mr . Will lam T. Burke , III , R.S.
S rn F .�
Mr . Pobert E. Blenkhorn , C. H .O. � a —
City of Salem Health Department m
Board of Health ti
Salem, Ma. 01970
Februar y 6 199()
Pe : Letter- dated January 29, 1990 , addressed to Mr . Mike
Beatrice , regarding 213 Pickman Road, Salem, Ma .
Dear Mr . Burke :
I am buIIding, a. new house at'l�':8 P mkt an Road for Mr .
Mike Beatrice . I am not burying any trash on—the site . I do
riot believe we are In any violation of state law or sanitary
code ; however , our attempt to look up the exact laws you
stated In your letter , led to dead ends, since the current:
law books at the local library only list 11 sections of
Chapter 150A, and we were unable to obtain coples of the
State Sanitary Code and CMR and still answer this In a
timely fashion . If you would like to pursue this matter , l
respectfully request that you quote the alleged violation!F1
In full . since they are apparently not readily available to
the general public .
The debris on the site was placed in the hale made whrn
backfilling to prevent It from blowing arounc-i the
neighborhood. If you investigated the site , you wlII agrer:,
with me that; it is better there than on the slope , or
free-standing at the top of the lot where it would soon be
spread around the neighborhood. Nothing other than organic
matter I .e . stumps, will be burled In the hole . 11 am, as you
roust have noticed on your Investigation , in the process of
building a house on the lot . 1 plan to remove the debris in
a timely ,manner. This Is an ongoing project , and removing
the debris Is Included In the scope of the work . I ' m slIIre
that you realize that I won' t get paid until the work. Is
done , and you must realize that. I want to get pall with thr
building business as slow as it is. I certainly want to
complete the job as soon as possible , and that includes.
removing . the debris.
I would not Jeopardize my Building License or, my
reputation by violating a code , to say nothing of the safety
- i
i
Ili
'TOWN HOUSE DEVELOPMENT
+.+.T..1 f' BO MIDDLESEX AVF. •SWAMPSCO'fT, MASSACHUSETTS 01907
617-599-3174 0 817-322-8575
JOHN P.THOMPSON JR.
hazard which burying the debrls mightcause . It is my
o
Intentlan tImprove the nleghborhood with this home , and I
am simply doing my Job. I understand that you must do your
job, too, and that Includes responding to complaints from
neighbors who are upset with changes In their nelghboncclod.
Since 1: have Just received the letter, and aim now
responclina to you . It Is inconceivable that I c„tn get: the
debris removed within ten days. It. is Impossible to get, tho
trucks up the hill right now due to the ground conditlons.
Please be advised that 1 am aware of your concern , and
I will take care of the matter, in a timely and proper
manner. I am as sure as you are that If I don' t the
neighbors will let you knWohnP.
's
mpson , L
cc/ Mr . Mike Beatrice
1
2 surrey Road
WJILOIN(• DEPT Salem, Ma 01970
March 23, 1990
Building Inspector ZS pl RIA � Q
City of Salem MAR
Salem, Ma 01970 eEC ' !) 0
GG''77Y :E ALEH1 MA$�-
Re : Property at 28 gYr�kman Road',ilem
__1
From: Carolyn J . Ryan
Dear Sir :
This letter follows conversations I had with a building inspector
on March 22, 1990--Mr . Harris, I believe . I made several calls to the
building inspector 's office in January and again yesterday about the fact
that tree stumps, trunks, and other organic material has been used as fill
for a very large hole dug in back of the house built at 28 Pickman Road.
The hole had previously been used to hold construction debris,
which was removed several weeks ago. In one conversation with Mr. Santos?
of your office, I was told that the builder was notified that the debris,
including the remnants of trees cut down on the property had to be removed
before the hole was filled in. A building inspector also told me on March
22nd that he had looked at the hole a "few days ago" and that it was
empty. This is true . However, on March 22, two men working for Townhouse
Development Corporation put a very large volume of organic material--about
six to ten large tree stumps with roots, several whole pine trees, and a
variety of trash, brush, and other material into the hole, stomped it down
with a bulldozer, and partially covered it up.
Today, March 23, the same two men added yet another significant
volume of organic material to the hole and added several truckloads of
dirt collected from the property to cover what is in the hole .
My concern, and that of my neighbors, as abutting property owners,
is that this material is environmentally unsafe. The material so disposed
is known to attract termites, and there most certainly will be subsidence
when the material decomposes . There is also a question about the legality
of disposing of this material in this way. It is my understanding that
organic material of the type described cannot legally be used as fill .
I am officially complaining about this act, and would like to know
what recourse/penalties can be pursued to get this problem remedied. I
have taken pictures and have witnesses about what went into the hole
before it was covered over . I would very much appreciate hearing from you
about : 1 ) what can legally be used as fill; 2 ) what course of action
can/will be taken with regard to the actions taken at 28 Pickman Road .
Thank you for your attention .
Yours truly,
J �
Carolyn J . Ryan
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PS Form 3811, Mar. 1988 t U.S.G.P.O. 1988-212-865 DOMESTIC RETURN RECEIPT
P 268 691 677
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
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c"
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n
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d
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Postmark or Date O(
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E
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a
STICK POSTAGE STAMPS TO ARTICLE TO COVER FIRST CLASS POSTAGE,
CERTIFIED MAIL FEE,AND CHARGES FOR ANY SELECTED OPTIONAL SERVICES.(se6 Aom)
1. It you want this receipt postmarked,stick the gummed stub to the right of the return address leaving
the receipt attached and present the article at a post office service window or hand it to your rural carder.
(no extra charge)
2. It you do not want this receipt postmarked,stick the gummed stub to the right of the return address of
the article,date,detach and retain the receipt,and mail the article.
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ermits.Otherwise,affix to back of article. Endorse front of article RETURN RECEIPT REQUESTED
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RESTRICTED DELIVERY on the from of the article.
5. Enter fees for the services requested in the appropriate spoces on the 4ront of this receipt. If return
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Citp of batem, f aggacbugettg
Public Propertp Department
36uitbing Department
one Paalem green
745-0505 QCxt. 380
William H. Munroe
Director of Public Property
Inspector of Buildings
Zoning Enforcement Officer
March 28, 1990
Mr. John P. Thompson, Jr.
Town House Development
80 Middlesex Avenue
Swampscott, MA. 01907
�RE• 28 iP ckman_Road, Salem, MA.
Dear Mr. Thompson:
This is in regards to our conversation concerning back filling with organic
material (tree stumps) . Enclosed you will find the appropriate information from
the BOCA National Building Code Book regarding this matter.
Please contact me at this office once you have removed the tree stumps
so the property can be reinspected.
Sincerely,
David J. Harris
Assistant Building Inspector
DJH/jmh
c.c. City Clerk
City Solicitor
Carolyn Ryan
Mary Hookes
Mark Blair
Jack Nutting
FOUNDATION SYSTEMS AND RETAINING WALLS
-d
b polyvinyl chloride or other approved methods or materials capable of bridg-
04 ing nonstructural cracks.Joints in the membrane shall be lapped and sealed in
in accordance with the manufacturer's recommendations.
'r- 1224,4.3 Joints and penetrations:Joints in walls and floors, and between the I
wall and floor, and penetrations of the wall and floor, shall be made water-
or tight utilizing approved methods and materials.
nd 1224.5 Subsoil drainage system:Where a hydrostatic pressure condition does
not exist,dampproofine shall be provided and a base shall be installed under
ng the floor and a drain installed around the foundation perimeter. A subsoil
val drainage system designed and constructed in accordance with Section
red 1224.2.1 shall be deemed adequate for lowering the ground water table.
for 1224.5.1 Floor base: Floors of basements except as provided in Section
and 1224.1.1 shall be placed over a base course not less than 4 inches(102 mm)in
thickness consisting of gravel or crushed stone containing not more than 10
rial percent of material that passes a No. 4 sieve. j
1224.5.2 Foundation drain:A drain shall be placed around the perimeter of a
,f a foundation consisting of gravel or crushed stone containing not more than 10
by percent material that passes a No.4 sieve.The drain shall extend a minimum !!
of 12 inches(102 mm)beyond the outside edge of the footing.The thickness i I
tion shall be such that the bottom of the drain isnot higher than the bottom of the 1�
tion base under the floor,and the top of the drain is not less than 6 inches(152 mm) li
ion above the top of the footing. The top of the drain shall be covered with an
approved filter membrane material. Where a drain tile or perforated pipe is
.-ete• used,the invert of the pipe or tile shall be not higher than the floor elevation.
they The top of joints or the top of perforations shall be protected with an
approved filter membrane material.The pipe or the shall be placed on not less i
:om- than 2 inches (51 mm) of gravel or crushed stone complying with Section
ene, .i 1224.5.1 and covered with not less than 6 inches (152 mm) of the same
lene material.
[ate- 1224.5.3 Drainage disposal:The floor base and foundation perimeter drain
A in shall discharge by gravity or mechanical means into an approved drainage
system complying with the plumbing code listed in Appendix A.
to or
Exception: Where a site is located in well-drained gravel or sand-gravel
and mixture soils, a dedicated drainage system is not required.
ater- 1224.6 Placement of backfill:The excavation outside the foundation shall be ,,V
ared backfilled with soil which is free of organic material,-icons truction debris,and
large rocks. The backfill shall"be pplaced iii lifts and compacted in a manner I q
which does not damage the waterproofing or dampproofing material.
[plied
1224.7 Site grading:The ground immediately adjacent to the foundation shall ` t `it
e the be sloped away from the building at a slope of not less than one unit vertical in `2 u
Ishall twelve units horizontal (1:12) for a minimum distance of 8 feet (2438 mm) Y
shall measured perpendicular to the face of the wall or an approved alternate 1*4
2 µm) method of diverting water away from the foundation shall be used.Considera-
299
e�coAa�
gIJILgIr1G Jif°T
aJ �
JAN 7 54 AM
CITY OF SALEM HEALTH DEPARTMENT
BOARD OF HEALTH Rcceivr'D
Salem, Massachusetts 01970 CITY OF SALEM,MA$S
ROBERT E. BLENKHORN 9 NORTH STREET
HEALTH AGENT
(617) 741-1800 January 29„ 1990
Michael Beatrice
P.OBoz-4409
Salem, MA 01970
Re: 28 Pickman Road
Dear Mr. Beatrice:
Due to complaints of improper trash disposal/storage practices a site investigation
of the property was conducted on January 18, 1990 by William Burke, R.S. of this
Department. The investigation revealed the following:
- A large pit/depression located to the rear of the house filled
with construction debris .
This practice is in Violation of Massachusetts General Laws: Chapter 150A Section
Ill and 105 CMR 410.602, State Sanitary Code; Chapter II.
You are hereby ordered to remove this debris within ten (10) days of receipt of
this notice. You are further ordered to cease and desist from continuing this
practice.
Should you be aggrived by this Order, you have the right to request a hearing before
the Board of Health. A request for said hearing must be received in writing in the ,
office of the Board of Health within seven (7) days of receipt of this Order. At
said hearing, you will be given an opportunity to be heard and to present witness
and documentary evidence as to why this Order should be modified or withdrawn. You
may be represented by an attorney. Please-also be informed that you have the right
to inspect and obtain copies of all relevant inspection or investigation reports,
orderes and other documentary information in the possession of this Board, and that
any adverse party has the right to be present at the hearing.
Failure on your part to comply within the specified time may result in a complaint
being sought against you in Salem District Court.
The Health Department appreciates your anticipated cooperation in this matter.
If you have any questions contact this office.
FOR THE BOARD OFJ HEALTH REPLY TO
ROBERT E. BLENKHORN, C.H.O. WILLIAM T. BURKE, III, R.S.
HEALTH AGENT SENIOR SANITARIAN
REB/m
CERTIFIED MAIL P-268-68 -924
cc: Building Inspector
TOWN HOUSE DEVELOPMENT
80 MIDDLESEX AVE. *SWAMPSCOTT. MASSACHUSETTS 01907
LJ 817-599-3174
JOHN P.THOMPSON JR.
�v-o
53-72282119 IprttFl(3P 0-oja'�a�u� uIFIIT�2
MARBLEHEAD,MASS., f_ 19 No. 01 1
PAY TO THE
ORDER OF
*** 407DOLLARS; AND 00 CENT'=
AUT ORIZE SIG ATUR
TREASURER'S CHECK
97,1000 7 2 1611' 1: 2 1 3 7 2 2840: 9 900 004 31"
•
t
TOWN HOUSE DEVELOPMENT n
eo MIDDLESEX AVE. 0 SWAMPSCOTT, MASSACHUSETTS 01907 [77 r
617-599-3174 617-322-6575 T'ren
N(: (ZM g
A C+-1in
7
-t 1
JOHN P. THOMPSON JR. O
D � �
y W
N G7
City of Salem Health Department
Mr . William T. Burke , III , R.S.
Mc. Robert E. Blenkhorn , C.H .O.
Board of Health
City Hall
Salem, Ma. 01970
March 22, 1990
Re : 28 's
Plckman Road
Neighborhood-Upheavel Today
Dear Mr . Burke :
As In my enclosed photocopied letter dated February 6, 1990 , to
you, nothing has changed. As I stated in the letter of that date , the
only thing we are going to bury are about a dozen stumps which were
necessary to remove to construct the house . Also, we are going to
bury some stones and dirt . Apparently today , March 22, the nleghbors
went wild about us burying these dozen stumps and stones and other
dirt . They notified the police , who sent two police cars to
Investigate . According to my son , Dave Harris, a Bulldling Inspector
employed by the Building Department Inspected, as well as you .
Immediately upon notification from my son , Glen, about 3:30 PM, I
contacted DEOE In Woburn; to reaffirm my 'knowledge about burying
stumps. They told me they had a plan that was a good Idea, and that
they would send me a copy of it , but that there are no laws pertaining
to the burying of stumps.
Dave Harris from the Building Department inspected the site on
about the 15th of the month , to make sure the building construction
debris had been remmoved from the hole , and agreed that all
construction debris had been removed from the excavation .
If you have any further questions, please notify me immediately ,
as we are proceeding with landscaping Immediately, i .e . within 24 .
hours.
T my urs
hn o , r.
cc/ Salem Police Department
Building Inspector's Office- Dave .Harris
Mike Beatrice