0 SWAMPSCOTT ROAD - BUILDING INSPECTION SWAMP 8COTT_ROAD
CITY OF SALEM
PUBLIC PROPERTY
DEPARTMENT
KIMBERLEY DRISCOLL
MAYOR
120 WASHINGTON STREET♦ SALEM,MASSACHUSETTS 01970
TEL:978-745-9595 4 FAX:978-740-9846
Altered Construction Work Hours
96 Swampscott Road
Roofing Work
May 4, 2017
To Whom It May Concern,
The Salem Building Department has approved U.S. Roofing's request for altered work hours for the roofing
work at 96 Swampscott Road, Salem, Massachusetts. The approval allows work to be altered to those listed
below starting on Friday, May 5, 2017 and ending on Saturday, July 15, 2017.
Monday, Tuesday, Wednesday and Thursday ....7:30 a.m. until 7:00 p.m.
Friday...................................................7:30 a.m. until 5:00 p.m.
Saturday................................................8:00 a.m. until 5:00 p.m.
Sundays and Holidays.................................No Work Permitted
Respectfully,
Thomas St. Pierre
Building Commissioner and Zoning Enforcement Officer
Cc: file, Police Department
rtri�6riz�zt "age/ )! ;4
DISTRICT #5 OFFICE
485 MAPLE STREET, DANVERS ,✓
Permits - Salem C �'' � �' ✓'— .1i /a,/,5,$`,�
May 25, 1989 -L'o: J _
Mr. William Monroe
Salem Building Inspector
One Salem Green
Salem Massachusetts 01970
Dear Mr. Monroe:
The District has been made aware of a proposed project by the Fafard Company which would be
located on Swampscott Road in the City of Salem. Because of-the-size,of-this proposal and
the amount of additional traffic that may be generated at the intersection of Swampscott
Road and Highland Avenue , I am requesting that proponent contact the District Permits
Engineer and that we have a chance to review and comment on this project before a building
permit is issued by your office.
Your cooperation in this matter will be appreciated.
Very truly yours,
David J. Wilson
District Highway Engineer
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CITY OF SALEM HEALTH DEPARTME 'T 38
Dr. IsraB Kaplan Public Health Center ,t y�f aLl�M BASS,
Off.Jefferson Avenue
Salem, Massachusetts 01.970
PHILIP H.SAINDON ROBERT E. BLENKHORN
JOSEPH R. RICHARD ""'•"' HEALTH AGENT
m.r9,IARe6A eouperte, R.N. (617) 74569000
MILDRED C.MOULTON, R.N.
EFFIE MACDONALD $_31_81
ROBERT C.BONIN
FREDERICK M.PIECEWICZ,M.D.
Patrick Scanlan
Mr Jesse Fowler
We have been informed that you are intending to use the facility on Swampscott Rd.
Salem Ma. as a dog training dwelling.It would be wise and adviseable to contact the
Board of Health for permission since a license may be required.At present this building
has no water and sewerage facility,as per our knowledge.
Reply To/�'/��
IOR IHE BOARD OF HEALTH
AGENT
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March 25 , L98L
SPECIAL PERMIT
WETLANDS AND FLOOD HAZARD DISTRICT
Mr. Joseph G. Ragone
437 Main Street
Lynnfield, Massachusetts 01940
On Thursday, February 19 , 1981, the Planning Board of the City of Salem held a public
hearing regarding the pplication of Joseph G. Ragone for a Special Permit under Section
P, Wetlands and Flood Hazard Districts , of the Salem Zoning Ordinance with respect
to the construction of mini-warehouse self-service storage facility at Swampscott Road,
Salem , Massachusetts .
At a regularly scheduled meeti.,rg of the Planning Board on March 19 , 1981, the Board
voted , by a vote of five in favor, none opposed , to approve the application as complying
with the requirements for the issuance of the permit with the following conditions:
1. That all work shall be done in accordance with the drawings prepared by Philip G.
Christiansen, PE, titled "Construction Details , Mini Warehouse Self Service
Storage Facility, Swampscott Road, Salem", as revised and dated 2/17/81.
2 . The proposed outlet channel cross section invert (detail 4, sheet 4) shall be at
elevation 70 .5 , mean low water datum. The outlet invert elevation shall be set
by construction of a concrete weir upstream of the proposed gabions. The wier
shall extend into impervious soil in the bed of the constructed outlet channel.
3. All hay or straw pump discharge siltation control dams , as shown on sheet 4, snail
be sized such that there shall be no flow passing around the upstream bales,
4. Erosion control shall be practised during all phases and on all sections of work
to minimize siltation, All slopes shall be covered with loam and seeded with
grass during the growing season immediately following completion of the grading
of the slope.
5 . Once work begins on site, the construction diversion structures , channels and
permanent slopes into streams and wetlands shall continue until completed. The
work shallnot remain uncompleted over a winter to spring period.
M� Joseph G. Ragone
'-Special Permit
March 25 , 1981 Page
6. All inoperable machinery, pipes , and junk shall be removed from the site prior
to the commencement of work.
7 . At least four weeks prior to the start of work the drawings , nodified in accordance
with these orders , shall be submitted to the Conservation Commission for review.
Elevations shal,t,be noted as being to mean low water datum.
8 . The applicant shall notify the Conservation Commission two weeks prior to the
start of work.
9 . This order does not grant any proparty rights or any exclusive privileges; it does
not authorize any injury to private/public property or any invasion of public/private
rights .
I hereby certify that a copy of this decision has been filed with the City Clerk , and a
copy is on file with the Planning Board.
This Special Permit shall not take effect until a copy of the decision bearing the
certification of the City Clerk that twenty days have elapsed and no appeal has been
filed or that if such appeal has been filed, and it has been dismissed or denied , is
recorded in the Essex County Registry of Deeds and is indexed in the grantor index
under the name of the owner of record or is recorded and noted on the owner's certificate
of title . The fee for recording or registering shall be paid by the owner or applicant.
WALTER B. POWER III
Chairman, Planning Board
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THE CO?LIONWEALTH OF MASSACHUSETTS
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ORDER
WETLANDS PROTECTION ACT
G.L. C. 131 s.40
FILE NUMBER: 64-45 PROJECT LOCATION: Swampscott Road
Salem, Mass.
TO: City of Salem CERT. MAIL NO:
449090
Salem, Massachusetts
RE: NOTICE OF INTENT AND PLANS DATED: DATE OF RECEIPT BY
May 9, 1979 CONSERVATION COMMISSION: May 11, 1979
DATE OF PUBLIC HEARING:
June 5, 1979
Pursuant to the authority of G.L. C. 131 s.40, the Salem Conservation
Commission . has concidered your notice of intent and plans submitted
therewith, and has determined that the area on which the proposed work is to be
done is significant to one or more of the interests described in the said act.
The Salem Conservation Commission hereby orders that the
following conditions are necessary and all work must be performed in strict con-
formance therewith:
CONDITIONS
1. Failure to comply with all condition stated herein, and with all related
statutes and other regulatory measures, shall be deemed cause to revoke or
modify this order.
2. This order does not grant any property rights or any exclusive privileges;
it does not authorize any injury to private property or invasion of private
rights.
3. This order does not relieve the permittee or any other person of the neces-
sity of complying with all other applicable federal,state,or local statutes,
ordinances, by-laws and/or regulations.
4. The work authorized hereunder shall be completed within one (1) year from
the date of this order. The order may be extended by the issuing authority
for one or more additional one-year periods upon application to the said
issuing authority at least thirty days prior to the expiration date of the
order or its extension.
5. Any fill used in connection with this project shall be clean fill, contain-
ing no trash, refuse, rubbish or debris, including, without limiting the
generality of the foregoing, lumber, bricks plaster,wire, lath, paper, card-
board, pipe, tires, ashes, refrigerators, motor vehicles or parts of any of
the foregoing.
6. No work may be commenced untill all appeal periods have elapsed from the or-
der of the Conservation Commission or from a final order by the Department
of Natural Resources has elapsed.
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CONDITIONS CONTINUED PAGE 2 FILE NO. 64-45
7. No work shall be undertaken untill the final Order, with respect to the
proposed project, has been recorded in the Registry of Deeds for the dis-
trict in which the land is located. Copy to be furnished to issuer of this
Order showing book and page.
8. Upon completion of the work described herein, the applicant shall forthwith
request, in writing, that a certificate of compliance be issued stating that
the work has been satisfactorily completed.
9. A sign shall be displayed at the site not less than two square feet or more
than three square feet bearing the words,"Massachusetts Department of
Natural Resources, File Number 64-45
10. Where the Department of Natural Resources is requested to make a determina-
tion and to issue a supperceding order, the Conservation Commission shall be
the party to all agency proceedings and hearings before the Department of
Natural Resources.
11. The work shall conform to the following described plans and additional
conditions;
The Salem Conservation Commission has determined that the area of the
proposed work is subject to the Wetlands Protection Act and that
the proposed work is significant to flood control, to storm damage
prevention and to the prevention of pollution and therefore imposes
the following conditions:
a. All work shall be done in accordance with the drawing titled Site
Plan, Municipal Transfer Station, Swampscott Road, Salem, Massachusetts,
revision of May 1, 1979, prepared by the City Engineer.
b. The inlet and outlet of the 36 inch diameter pipe and the outlet of
the 12 inch diameter pipe shall be protected in conformance with Section 258,
Stone for Pipe Ends, Standard Specifications for Highways and Bridges,
Department of Public Works, Massachusetts, 1973.
c. During all phases of the work erosion and siltation shall be kept to
a minimum by employing procedures recommended in Guidelines for Soil and
Water Conservation in Urbanizing Areas of Massachusetts, USDA, Soil
Conservation Service, 1975.
CONDITIONS CONTINUED PAGE 3 FILE NO. 64-45
The applicant, any person aggrieved by this order, any owner of land abut-
ting the land upon which the proposed work is to be done, or any ten residents
of the city or town in which such land is located, are hereby notified of their
right to appeal this order to the Department of Natural Resources, provided the
request is made in writing and sent. by certified mail to the Department of-
Natural Resources within ten (10) days from the issuance of this order.
ISSUED BY SALEM CONSERVATION COMISSION
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On this % day of - 19,�%, before me personally
appeared pw
to me known to be the person des ribed i �and who executed the foregoing
instrument and acknowledged that he executed the same as his free act and deed.
My commission expires:
,
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RECEIVEO
CITY OF SALEM,MASS.
June 22, 1979
SPECIAL PERMIT
WETLANDS AND FLOOD HAZARD DISTRICT
MR. ANTHONY V. FLETCHER OF THE
SALEM DEPARTMENT OF PUBLIC WORKS
SALEM, MASS. 01970
On Thursday, June 21, 1979, the Planning Board of the City of Salem held a
public hearing regarding the application of Mr. Anthony V. Fletcher of the Salem
Department of Public Works, for a Special Permit under Section P, Wetlands and
Flood Hazard Districts, of the Salem Zoning Ordinance, with respect to the
installation of drainage pipe and fill for embankment stabilization at rear of
Transfer Station at Swampscott Road Transfer Station.
At a regularly scheduled meeting of the Planning Board on June 21, 1979, the
Board voted, by a vote of six in favor, none opposed, to approve the application
as complying with the requirements for the issuance of the permit with the following
conditions:
1. The work shall be done in accordance with the site plan prepared by City of
Salem Engineering Department, entitled Site Plan, Municipal Transfer Station,
Swampscott Road, Salem, Ma. , dated June 9, 1977 and revised May 1, 1979.
2. The inlet and outlet of the 36" diameter pipe and the outlet of the 12" diameter
pipe shall be protected in conformance with Section 258 "Stone for Pipe Ends"
Standard Specifications for Highways and Bridges, Mass. Dept. of Public Works,
Mass. 1973.
3. During all phases of the work erosion and siltation shall be kept to. a minimum
by employing procedures recommended in Guidelines for Soil and Water Conservation
in Urban Areas of Mass, USDA Soil Conservation Services, 1975.
I hereby certify that a copy of this decision has been filed with the City Clerk,
and a copy is on file with the Planning Board.
This Special Permit shall not take effect until a copy of the decision bearing
the certification of the City Clerk that twenty days have elapsed and no appeal has
been filed or that if such appeal has been filed, and it has been dismissed or denied,
is recorded in the Essex County Registry of Deeds and is indexed in the grantor index
under the name of the owner of record or is recorded and noted on the owner's
certificate of title. The fee for recording or registering shall be paid by the owner
or applicant.
Lr/��l�e OCJCr'wp,
WALTER POWER, III
Chairman, Planning Board
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CITY OF SsrLi�Fi>I;dSS.
CITY OF SALEM
PLANNING BOARD
Will give a Public Hearing to all interested persons on the petition of
City of Salem Public Works Department, A. V. Fletcher, P.E. , One Salem
Green, Salem, Massachusetts, for a Wetlands/Flood Hazard Special Permit
for the installation of drainage pipe and fill for embankment stabilization
at rear of Transfer Station at Swampscott Road Transfer Station This
hearing will be held on Thursday, June 21, 1979 at One Salem Green, 3rd
floor conference room at 8:30 P.M.
WALTER POWER III
Chairman
June 7 and 14, 1979
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June 22, 1979
SPECIAL PERMIT
WETLANDS AND FLOOD HAZARD DISTRICT
MR. A. V. FLETCHER
SALEM DEPARTMENT OF PUBLIC WORKS
SALEM, MA. 01970
On Thursday, June 21, 1979, the Planning Board of the City of Salem
held a public hearing regarding the application of Mr. A. V. Fletcher,
Salem Department of Public Works, for a Special Permit under Section P,
Wetlands and Flood Hazard Districts, of the Salem Zoning Ordinance, with
respect to construction of approximately 800 l.f. of storm drain pipe,
headwalls, etc. at Willson Road, Greenway Road, Salem, Massachusetts.
At a regularly scheduled meeting of the Planning Board on June 21, 1979,
the Board voted, by a vote of six in favor, none opposed, to approve the
application as complying with the requirements for the issuance of the permit
with the following condition:
1. The work shall be done in accordance with the site plan prepared by
the city of Salem Engineering Department, entitled Proposed Drain, Willson
and Greenway Road, Salem, Mas. , June 1979.
I hereby certify that a copy of this decision has been filed with the
City Clerk, and a copy is on file with the Planning Board.
This Special Permit shall not take effect until a copy of the decision
bearing the certification of the City Clerk that twenty days have elapsed and
no appeal has been filed or that if such appeal has been filed, and it has been
dismissed or denied, is recorded in the Essex County Registry of Deeds and is
indexed in the grantor index under the name of the owner of record or is recorded
and noted on the owner's certificate of title. The fee for recording or
registering shall be paid by the owner or applicant.
CZY�2 �"Ci7��
WALTER POWER, III
Chiarman, Planning Board
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RECEIYED
CITY OF SALCfq,j4ASS.
CITY OF SALEM
PUNNING BOARD
Will give a Public Hearing to all interested persons on the petition of
City of Salem, Department ,of Public Works, One Salem Green, Salem, Mass-
achusetts, for a Wetlands/Flood .Hazard Special Permit for relief of
flood conditions - Construction of approximately 800 L.F. of storm drain
pipe, headwalls, etc. at Willson Road, Greenway Road, Salem, Massachusetts.
This bearing will be held on Thursday, June 21, 1979, at One Salem Green,
= 3rd flood conference room at 8:45 P.M.
WALTER POWER II'I_
Chairman
June 7 and 14, 1979
CO1VON;dEALTH OF aASSACHUSETTS
0
DETERMINATION OF APPLICABILITY OF THE WETLAND PROTECT-1 N ACS
.� G.L. C.131 s. 40 �a >
TO: DEPARTMENT OF.'PUBLIC WORKS DATE: May 2,Z4979rp3
ONE SALEM GREEN
SALEM, MASSACHUSETTS
Pursuant to the authority of G.L. C.131 s.40, the SALEM
CONSERVATION COMMISSION has considered .your request for a
,;..amination of applicability together with the plans su"mitted with it and
has made the following determination:
1. ( ] The area shown on the plans is not subject to the Act.
2. [ ] The entire area shown on the olans is subject to the .Act and shall
require a filing of the Notice of Intent.
3. [ ] Only the area described below is subject to the Act and shall
require a filing of the Notice of Intent:
4. ( g ] The area shown on the plans is subject to the Act but the proposed -woIrk is
, not dredging, filling, removing, or altering, and therefore a Notice of
Intent is not required.
5, The determination that the work is not subject to the Act shall expire within
one (1) year from the date herein.
6. This determination does not relieve the person requesting the determination
froi complying-with all other apolicable federal , state or local statutes,
ordinances, by-laws, and/or regulations.
7. Failure to comply with this determination and with all related statutes and
other regulatory measures shall be deemed cause to revoke or modify the said
determination.
S. No work may be courenced under this determination until all� apppa/l/; egriods
have elapsed. n� /"4� kZ r:� /r/ i E �
ISSUED BY: SALEM CONSERVATION COMMISSION
Where the Department of Environmental Quality Enqineering issues a negative supersedi:
determination, you are herebv notified of your right to a formal hearinq oro-
vided it is made within-ten (10) days from the date of the sunersedinq deter-
mination of the Department of Environmental Quality Enqineerina, l:
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1,21
CITY OF 5?eL tir
REQUEST FOR REVIEW COMMNTS
SPECIAL PERMIT
DATE: January 31, 1984
T0: ( ) Building Inspector ( ) Coase vation Co�nission
City Engineer ( ) Other:
( ) Board of Health
Attached please find the application referenced below. The Planning Board
requests that you review this application relative to Section VII of the
Zoning Ordinance. We would appreciate your completing the forty below and
returning it to us. Notice of the public hearing for this application will
be forwarded to you.
( xx) WETLANDS & FLOOD HAZARD DISTRICTS
( ) CLUSTER DEVELOPM0T
( ) PLANNED UNIT DEVELOPMENT
APPLICANT: Mr. Gerard McNeil--Fafard Companies
PROJECT NAME & ADRESS: fHigfilandAcre s
Cwanips_co tt Road, -First Street, Highland Ave:, Wilson Rd.
CONTACT PERSONS AND PHONE:
Applicant: Mr. Gerard McNeil City: Ashland, MA.
ML`ENTS DUE BY: February 15, 1984
(Failure to comment within 35 days shall be deemed lack of opposition_)
( ) Concur with proposal (Explain on reverse side)
( ) Need more information (Explain on reverse side)
( ) Cannot concur with proposal (Explain on reverse side)
( ) Co=ents included
REVIEUER'S SIGNATURE TITLE DA?E
CITY OF SALEM, MASSACHUSETTS
APPLICATION
SPECIAL PERMIT •84 J11id 31 ?
WETLANDS AND FLOOD HAZARD DISTRICTS
Applicant: The Fafard Companies
Address: 290 Eliot Street, Ashland, MA 01721 City Clerk Stamp
Telephone: 879-7300
owner: City of Salem
Address City Hall , Salem, MA
Location of Property: South of First Street, Salem, MA
Project Description: Construction of concrete headwall
I. It has been determined by the Building Inspector that the above property t
lies in.the _following. area(s) :
A. Wetlands District
Wetlands ( X ) Buffer Zone ( )
B.. Flood Hazard District
Zone A ( ) Zone A3 ( ) Zone V3
II. Information required includes this application and the following additional _
information (file one copy of everything with the City Clerk and five
copies with the Planning Board.; all copies must be stamped by the City Clerk) :
A. A site plan at a scale of 1" equals 20' prepared by a registered
land surveyor or registered professional engineer and showing at
least the following:
1. Lot lines within which the development is proposed and the tie-
in to the nearest road intersection;
2. The location, boundaries, and dimensions of each lot in question;
3. Two-foot contours of the existing and proposed land surface;
4. Location of e):isting and proposed structures, water-courses,
drainage and drainage easements, means of access, utilities,
and sewer disposal facilities including leaching fields, if
any. Proposed elevations should be noted.
5. Boundaries of all districts, areas and zones as noted in
Section I.
L
-2-
B. In the Wetlands District, a determination by a qualified engineer
of the seasonal high water table, performed during the last two
weeks of March or the first three weeks of April. A minimum of
two percolation tests for each leaching area shall be performed_
C. In cases of flood-proofing or pile construction, certification
by a registered professional engineer or architect as to the
elevation of flood-proofing measures and as to compliance with the
applicable sections of the Massachusetts State Building Code
concerned with flood depths, pressures, velocities, impact and
uplift, forces, and other factors associated with the base flood.
Where pecific methods or techniques have been previously certi-
fied, the Planning Board may waive this requirement.
D. A list of Federal, State, and other local permits required by the
applicant.
E. Descriptions relative to all conditions applicable in Section III
below.
III. Conditions (Complete those sections indicated (x) by the Building Inspector)
In the Wetlands and Flood Hazard Districts no structure or building,
including pipes and wells, shall be erected, constructed, substantially
improved, enlarged, or otherwise created or moved; no area shall be
paved; no earth or other material shall be stored, dumped, used as
fill, excavated, or transferred; and no sediment shall be caused to
be discharged from or onto a wetland, unless all the following condi—
tions are found to exist as part of the granting of a Special Permit by
the Planning Board (Use additional pages if necessary) :
A. All Districts:
(X) 1. The proposed use will comply in all respects to the uses and
provisions of the underlying District in which the land is
located. Yes X No
(X) 2. There is adequate convenience and safety of vehicular and pedes—
trian movement within the site, and in relation to adjacent
streets and property, particularly in the event of flooding
of the lot(s) or adjacent lot(s) caused by either overspill
from water bodies or high runoff.
The headwall is designed for a 100 year storm
_3-
(X) 3. Utilities, including gas, electrictity, fuel, water, and
sewage disposal, shall be located and constructed so as to
protect against breaking, leaking, shortcircuiting, grounding
or igniting or any other damage due to flooding. (Provide
details)
No utilities are included
(X) 4. The cumulative effect of the proposed development or use, when
combined with all other existing and anticipated development
and uses will not obstruct or divert flood flow; substantially
reduce natural flood=water storage capacity in the local
drainage area; destroy valuable habitat for wildlife including
fisheries or shellfisheries; adversely affect groundwater
resources or increase storm water run-off velocity so that
water levels on other land are substantially raised or the
danger from flooding increased.
. The headwall is designed for a 100 year stnrm
B. Wetlands District:
(X) 1. The proposed development or use shall not include the storage
of salt, chemicals, petroleum products or other contaminating
substances or discharge of any polluting liquids or materials
into streams, brooks or wetlands. (The polluting effects of
substances on the Wetlands are to be gauged by the "Rules and
Regulations for the Establishment of Minimum Water Quality
Standards and for the Protection of the Quality and Value of
Water Resources" of the Commonwealth of Massachusetts.)
The headwall is being constructed in compliance with the
"Order of Conditions" issued by the Salem Conservation Commission.
-4-
(X) 2. The floor level of areas to be occupied by human beings as
living or work space shall be four (4) feet or more above
the seasonal high water table.
Not applicable
(X) 3. If the basement floor level is below the seasonal high water
table and affords the possibility of human occupancy at some
future date, although not originally intended, adequate
perimeter drainage and foundation shall be installed to with-
stand the effect of pressure and seepage. Furnace and utilities
are to be protected from the effects of leaching. (Provide details) -
Applies ( ) Does not Apply ( X 1
(X) 4. If the lot is to be served by an on lot septic system, the
leaching area designed for use, as well as a reserved 'area
for future expansion or total future use, shall be plotted with
dimensions on the site plan, and the leaching areas shall not
be constructed where the seasonal high water table is less
than 4 feet below the bottom of the leaching areas.
Applies ( ) See site plan
Does not apply ( X )
C. Flood Hazard District (all zones):
( ) 1. The floor of the basement, or if none, the Iowest floor of
new construction or substantial improvement of structures for
residential uses shall be at or above the 100 year flood level.
( ) 2. The floor of the basement, or if none, the lowest floor of
new construction or substantial improvement of structures for non-
residential uses shall be at or above the 100 year flood level
or the structures shall be flood--proofed to that level in
compliance with the applicable requirements of the Massachusetts
State Building Code. Flood-proofing measures shall insure
that the structure is watertight and that structural components
have the capability of resisting hydrostatic and hydrodynamic
loads and the effects. of bouyancy.
-5-
D. Flood_Hazard District, Coastal High Hazard Area (Zone V3) -
( ) 1. New structures or substantial improvements shall be located
landward of the reach of Mean High Tide.
( ) 2. New structures or substantial improvements shall be elevated
on adequately anchored pilings or columns, and securely
anchored to such pilings or columns so that the lowest
portion of the structural members of the lowest floor (ex-
cluding the pilings or columns) is elevated to or above the 100
year flood level. Space below the lowest floor shall be free
of fixed obstruction. (Provide details)
( ) 3. The support of new structures or substantial improvements shall
not be, in whole or in part, by the use of fill. (Provide details)
IV. Procedure
The Planning Board shall, within 7 days after the filing of this
application, transmit one copy of said application, plans and all other
submitted information to the Inspector of Buildings, City Engineer, Board
of Health and Conservation Commission who may, at their discretion,
investigate the application and report in writing their recommendation
to the Planning Board. The Planning Board shall not take final action
on such application until it has received a report thereon from the
Inspector of Buildings, City Engineer, Board of Health and Conservation
Commission or until thirty-five (35) days have elapsed after dis-
tribution of such application without a submission of a report. The
Planning Board Shall hold a Public Hearing on said application as soon
as possible after receiving the above reports, in accordance with
Chapter 40A of the,Massachusetts General Laws. The Planning Board
shall notify the applicant in writing of its decision on the special
permit. The decision shall document the proposed development or use
and the grounds for granting or refusing the special permit. The
i
-6-
Planning Board may, as a condition of approval, require that the appli-
cant give effective notice to prospective purchasers, by signs or
by recording the special permit at the Registry of Deeds, of the wet-
land or flood hazard conditions associated with said premises and the
steps undertaken by the petitioner or his successor in title to
alleviate the effects of same.
Signed
J
Title
Date
HIGHLAATI ACRES - SALEM, MA.
tee.. . .. �.
may %;t CFE;`-:,,_
OWNER and Highland Realty Trust -
a�j, o� ROBE
PETITIONER The Fafard Companies
f o M.EISCCA
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ENG'R and L.S. : Robert E. Maschi �p`NO'23Wa�
' �s•GCHALE�'6• .8'
Run-Off Calcs. By "Rational Method" (Q Aci)
1100 = 3.0 inches in one hour
1 50 = 2.6 inches in one hour
i 25 = 2.3 inches in one hour
i 10 = 1.8 inches in one hour
Pipe Capacities Using: Seelye Design (18-06)
Total Water Shed Area: 492± Acres
Allowable Q Factor on existing drain pipes and culverts are
all figured on a 100 year storm to show maximum impact.
Total Water Shed Area was divided into 18 seperate sections
to determine existing and proposed run-off conditions.
n
RATIONAL METHOD: Q Aci = Cu. Ft. per Sec.
DRAIN AREA VICu Ili
1100 'IQ,,
AREA IN100
NO. ACRES EXIST. PROP. EXIST. PROP. EXIST. PROP.
1 92±. 0.2 0.2 5.2 5.2 96 96
2 14± 0.5 0.6 6.5 6.9 48 58
3 18± 0.4 0.7 5.3 6.9 38 100
4 10± 0.4 0.7 6.0 7.0 24 49
5 6± 0.4 0.7 6.0 7.3 14 31
6 10± 0.4 0.6 6.2 6.8 25 41,
7 10± 0.3 0.4 5.8 6.0 18 24
8 12± 0.3 0.4 5.8 6.0 21 29
9 16± 0.3 0.5 5.8 6.2 28 50
10 4± 0.3 0.5 6.2 6.5 8 13
11 4± 0.3 0.5 6.0 6.2 8 12
12 12± 0.2 0.5 5.7 6.2 14 37
13 34± 0.2 0.4 5.4 6.0 37 82
14 14± 0.3 0.4 5.2 5.8 22 33
15 20± 0.2 0.2 4.8 4.8 20 20
16 22± 0.2 0.2 4.2 4.2 19 19
17 60± 0.2 0.2 4.3 4.3 52 52
18 134± 0.4 0.4 4.8 4.8 258 258
TOTAL 492± 750± 1004±
:
Y:
RATIONAL METHOD:
DRAIN AREA ..Co. .ill "R50
AREA IN
NO. ACRES EXIST. PROP. EXIST. PROP. EXIST. PROP.
1 92± 0.2 0.2 4.8 4.8 88.3 88.3
2 14± 0.5 0.6 5.8 6.2 40.6 52.1
3 18± 0.4 0.7 4.8 6.2 34.6 78.1
4 10± 0.4 0.7 5.5 6.3 22.0 44.1
5 6± 0.4 0.7 5.5 6.8 13.2 28.5
6 10± 0.4 0.6 5.7 6.0 22.8 36.0
7 10± 0.3 0.4 5.2 5.5 15.6 22.0
8 12± 0.3 0.4 5.2 5.5 18.7 26.4
9 16± 0.3 0.5 5.2 5.7 25.0 45.6
10 4± 0.3 0.5 5.7 5.8 6.8 11.6
11 4± 0.3 0.5 5.5 5.7 6.6 11.4
12 12± 0.2 0.5 5.0 5.7 12.0 34.2
13 34± 0.2 0.4 4.8 5.5 32.6 74.8
14 14± 0.3 0.4 4.8 5.2 20.2 29.1
15 20± 0.2 0.2 4.2 4.2 16.8 16.8
16 22± 0.2 0.2 3.7 3.7 16.3 16.3
17 60± 0.2 0.2 3.8 3.E 45.6 45.6
18 134± 0.4 0.4 4.2 4.2 225.1 225.1
TOTAL 492± 662.8 886.1
RATIONAL 14ETHOD:
DRAIN AREA till 'IQ"
AREA IN C++ 125 425
NO. ACRES EXIST. PROP. EXIST. PROP. EXIST. PROP.
1 92± 0.2 0.2 4.2 4.2 77.3 77.3
2 14± 0.5 0.6 5.2 5.5 36.4 77.0
3 18± 0.4 0.7 4.2 5.5 30.2 69.3
4 10± 0.4 0.7 5.0 5.8 20.0 40.6
5 6± 0.4 0.7 5.0 6.2 12.0 26.0
6 10± 0.4 0.6 5.1 5.5 20.4 33.0
7 10± 0.3 0.4 4.7 5.0 14.1 20.0
8 12± 0.3 0.4 4.7 5.0 16.9 24.0
9 16± 0.3 0.5 4.7 5.1 22.6 40.8
10 4± 0.3 0.5 5.1 5.2 6.1 10.4
11 4± 0.3 0.5 5.0 5.1 6.0 10.2
12 12± 0.2 0.5 4.5 5.1 10.8 30.6
13 34± 0.2 0.4 4.2 5.0 28.6 68.0
14 14± 0.3 0.4 4.2 4.7 17.6 23.5
15 20± 0.2 0.2 3.8 3.8 15.2 15.2
16 22± 0.2 0.2 3.3 3.3 14.5 14.5
17 60± 0.2 0.2 3.4 3.4 40.8 40.8
18 134± 0.4 0.4 3.8 3.8 203.7 203.7
TOTAL 492± 579.1 824.9
RATIONAL METHOD:
DRAIN AREA "CIO toil,10 ,C10
AREA IN
NO. ACRES EXIST. PROP. EXIST. PROP. EXIST. PROP.
1 92± 0.2 0.2 3.5 3.5 64.4 64.4
2 14± 0.5 0.6 4.3 4.7 30.1 39.5
3 18± 0.4 0.7 3.5 4.7 25.2 59.2
4 10± 0.4 0.7 4.1, 4.8 16.4 33.6
5 6± 0.4 0.7 4.1 5.2 9.8 21.8
6 10± 0.4 0.6 4.2 4.6 16.8 27.6
7 10± 0.3 0.4 3.9 4.1 11.7 16.4
8 12± 0.3 0.4 3.9 4.1 14.0 19.7
9. 16± 0.3 0.5 3.9 4.2 18.7 33.6
10 .4± 0.3 0.5 4.2 4.3 5.0 8.6
11 4± 0.3 0.5 4.1 4.2 4.9 8.4
12 12± 0.2 0.5 3.8 4.2 9.1 25.2
13 34± 0.2 .0.4 : 3.6 4.1 24.5 55.8
14 14± 0.3 0.4 3.5 3.9 -14.7 21.8
15 20± 0.2 0.2 3.1 3.1 12.4 12.4
16 22± 0.2 0.2 2.6 2.6 11.4 11.4
17 60± 0.2 0.2 2.7 2.7 32.4 32.4
18 134± 0.4 0.4 3.1 3.1 166.2 166.2
492± 487.7 658.0
t
Refer to Drainage Plan
A. Drain Areas No. 1, 2, 3, 4, 11, 12, 13, 16, 17 and 18 flow
from Highland Avenue through the Golf Course and exits at
the existing 4' x 4' box culvert at Boston 6 Maine Railroad
tracks. The watershed area consists of approximately 400±
acres and "slopes from 5% to 20%.
B. Drain Areas No. 5, 6, 7, 8 and 9 (total 54± Acres) flow
from approximately 1,000' inside the project area and enters
Swampscot Road at various locations to "Thompsons Meadow".
C. Drain Areas No. 10, 14 and 15 (total 38± Acres) flow from
approximately 1,000' inside the project area and enters
directly into "Thompsons .Meadow".
D. Storage area on the Golf Course, along the railroad tracks,
consists of approximately 28± Acres to elevation 25.0± which
is critical. The railroad tracks will be breached at any—
thing above the 25 foot elevation.
1. Storage Capacity equals 7,300,000 Cu. Ft. or
Approximately 54,600,000 Gallons.
2. Existing Culvert Allows: 170± C.F.S.
3. Q100 (Exist.) equals 594± C.F.S.
Q100 (Prop.) equals 763± C.F.S.
4. Storage Time equals 3.4 hours.
5. Maximum Elevation of flooding for 100 year
storm equals 22.5 feet.
6. Conclusion: The Storage Area with the exist—
ing culvert make an excellent storage basin
and control structure as they presently exist;
also controlling flows to the existing three
36" culverts on Jefferson Avenue.
E. Storage Area along the proposed road through the Golf Course
at Station 15 + 0 to ,23 + 0 collects most of the run-off from
Drain Area No. 1 and is approximately 6± Acres. Our intent
is to construct a 1± Acre pond for retention and to water
the greens on the Golf Course, but not to impede the flow of
water or create any additional flooding. Street drainage
would also be added to this storage area for maintaining a
constant water level.
F. Storage Area at No. 13 is the second most critical retention
area within the project and enters the proposed Golf Course
Road at Station 33 + 0. The outlets for this area should be
modified, for a 100 year storm, to retain water levels at
Elevation 100.0± and to control its outflow at a constant rate.
In doing so, we will be able to divert much of the run-off that
presently flows to Swampscot Road, thus reducing the problems
with existing culverts and drains, which would presently be
inadequate to handle a storm of this size. The storage time
that this elevation would be maintained is approximately 2 hours.
G. Storage Areas at No. 8 and 12 would be converted into ponds and
retention areas which would work in conjunction with diverting
run-off from Swampscot Road. The proposed pond at No. 12 would
be controlled to a maximum water level of Elevation 113.0±.
The proposed pond at No. 8 would be controlled to a maximum water
level of Elevation 120.0±.
Both proposed ponds would also receive street drainage.
FLOW PATTERN - 100 YEAR STORM
DRAINAGE PROPOSED
AREA EXISTING FjNAL
NO. EXISTING PROPOSED 100 X100
1 Basin "B" to "A" Same (96) 96 c.f.s.
2 Basin "C" to "A" Same (48) 58 c.f.s.
3 Basin "C" to "A" Same (38) 100 c.f.s.
4 Basin "C" to "A" Same (24) 49 c.f.s.
5 Swampscott Road Basin "C" to "A" (14) 31 c.f.s.
6 Swampscott Road Basin "C" to "A" (25) 41 c.f.s.
7 Swampscott Road Same (18) 24 c.f.s.
8 Basin "E" to "C" to "A" Same (21) 29 c.f.s.
9 Swampscott Road Thompson Meadow (28) 50 c.f.s.
10 Thompson Meadow Same ( 8) 13 c.f.s.
11 Swampscott Road Same ( 8) 12 c.f.s.
12 Basin "D" to "C" to "A" Same (14) 37 c.f.s.
13 Basin "C" to "A" Same (37) 82 c.f.s.
14 Thompsons Meadow Same (22) 33 c.f.s.
15Thompsons Meadow. Same (20) 20 c.f.s.
16 Basin "A" Same (19) 19 c.f.s.
17 Basin "A" Same (52) 52 c.f.s.
18 Basin "A" Same 258 258 c.f.s.
EXISTING PROPOSED
RUN-OFF AREA 8100 Q100
Swampscott Road 93t c.f.s. 36± c.f.s.
Thompsons Meadow 50± c.f.s 116± c.f.s.
Basin "E" 21± c.f.s. 29± c.f.s.
Basin "D" 14± c.f.s. 37± c.f.s.
Basin "C„ 147± c.f.s. 361± c.f.s.
(2 hour storage)
Basin "B" 96± c.f.s. 96± c.f.s.
Basin "A" 329± c.f.s. 329± c.f.s.
(3 hour storage)
ti
k CONCLUSION: (Based on 100 Year Storm)
The Preceeding calculations, with the proposed retention areas and
control structures, show the following results:
1. The run-off to Swampscot Road would be reduced from
approximately 93± c.f.s. to 36± c.f.s. , by almost 40%.
thus substantially eliminating the drainage problems
that can be anticipated in the existing drainage system.
2. The Run-off to Thompsons Meadow would be increased from
approximately 50 c.f.s. to 116± c.f.s. ; however, due
to the size and storage capacity of this area, also the
decrease in run-off from Swampscott Road, there would
be a minimal impact to Thompsons Meadow and the down-
stream properties.
3. Controls of Basin "E" and "D" which flow directly to
Basin "C", with a storage time at Basin "C" of approxi-
mately 2 hours, would keep outflows at the same or re-
ducedrate after construction of the project as now flow
without any construction.
4. Control of Basin "B", which flows to Basin "A", would
maintain a no increase in run-off.
5. Existing Basin "A" of approximately 28± Acres and its _
4' x 4' box culvert, provide more than 3 hours of stor-
age time for over 54,000,000 gallons of water. This
Basin makes an excellent natural storage area as it
presently exists, also controlling flows to the existing
triple 36" culverts on Jefferson Avenue.
6. The overall drainage pattern is greatly improved with
the proposed storage areas and their control structures,
also by diverting flows from overloaded drainage areas
to less critical areas, the downstream properties will
have a much reduced flooding crest after completion of
the project. These conclusions are derived from the cal-
culations based on a 100 Year Storm and it should be noted
that the impacts based on a 50 Year, 25 Year and 10 Year
Storm show even greater control and less impact after con-
struction than before construction.
1 111
Z a ?Public Prttpertg Peparttueut
s
'JA�o�Hrt1cW�"R~.. jiTlTlllttt� ,tyPpttrtriTETtt
William H. Munroe
One Salem Green
745-0213
I
April 24, 1985
Laurent J. Bedard
Special Investigator
Licensing Board Agent
One Salem Green
Salem, Massachusetts
RE: King's Auto Sales
Dear Mr. Bedard:
As per your request to establish the correct address for
property located at Highland Ave. and Swampscott Rd. , in the
company of Capt. Robert Turner of Fire Prevention I visited the
site and made the following observations.
1 . The correct address of the property is 3 Swampscott Rd. ;
2. Due to the configuration of the land entrance to the
proposed sale area is over an unexcepted way called
DiPetro Ave. ;
3. Numerous zoning, fire and city ordinance violations
were noted on the property.
In view of the above I would respectfully request that you
and your Board consider withholding the above license until such
time as Capt. Turner and I have contacted the property owner and
the violations have been addressed.
Sincerely,
William H. Munroe
Inspector of Buildings
Zoning Enforcement Officer
WHM:bms
cc: Capt. Turner, Fire Prevention
HARD 9F APPEALS r64-73
J�111 A t] CTo b�pri*,;-". '!be7
r, ^�' C c UIR#H 05 V '03 ��tt �9 1, 1 - r Salem M_A.
J [)' All �0 J. E. R, on --
RECEIVED ��, ag a
CITY OF SALEM,hASS. RECEIVED
CITY OF SALEM,MASS.
tl.u..e...,. auu..l.a• ) v .s...._. aa..J tP � 5 P� ✓m f� �,,i'(
�f.
Salem Conservation Commission -
Mr. Joseph E. Ragone, 437 Main Street, Lynnfield, MA. -
iii:----- —�--__�."_—'--- ---- --_ — - —`-----
March 12, 1981 tV -
�- Mr_
Joseph E. Ragone _i (r„ti., -or �. t Swampscott Road t
Sa1.em . ne,_y2�r(S}irO:il i�lB
citi'J i ;(Pii'3S.
TN cxtensIorl ne'rrr Jf yr.i e.+,,ri',On May 26, 1984
'!
New Flow channel which is proposed should be constructed prior to any
other activities, including fill storage.
As-built drawings, stamped by a Registered Professional Eng—
ineer, shall be submitted to the Conservation Commission
prior to issuance of a Certificate of Compliance.
_
............................:......................................................................._..........._. - .............. ----------
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il.p,.._..-..i i.....� ,,,
7_.J
Form 7
- DEOER1eNoL
�Pa (TobeprovkJodbyDEOE)
IgoOMMon a RECGI4ED c;yRa,,, SALEM
fMassach %F SAL.Ek�LtAASS. Apprcant Joseph Ragone
,11QI11Vblbu .
Extension Permit A .' '•
Massachusetts Wetlands Protection Act = < <
G.L. c. 131 §40 , ! ,
From: ��
SALEM CONSERVATION COMMISSION .;
'• ,
- ' is`su,rsg Authordyi
To: Mr. Joseph Ragone/Richard J. Ragone 437 Main' ,Street, Lynnfieldw • `
(Name) (Address)
The Order of Conditions(or Extension Permit)issued on March 22' 1984 (date)
t0—__ Richard Ragone
Salem (name)for work at e=SwampscoEt=Road.►
1( -
address)is hereby extended for a period of year(sj from the
date it expires.
This Extension Permit will expire on March 12, 1985 (date)
�-
This document shall be recorded in accordance with General Condition 8 of the Order of Conditions.
The Order shall be"modified such that the proponent may stabilize the slope
either by the installation of loam and seed or by rip-rap. ,
....- ......................_._�..._.__
ILeave space Blank) - -
r
7-1
Issued bSALEM CONSERVATION COMMISSION -
y
Signature(s) r C
r—
., "
;, . •, l 'Vhetj issued by the Conservation Commission this Extension Permit must be signed by a majority of its
Ud FIs 22 day of March 19 84
,before me
personalty appeared the above-named to me known to ba the
person described in and who executed the foregoing instrument and acknowledged that he/she executed
the same as his/her free act and deed.
r 9-9-88 -
Notary Public
My commission expires
Detach an dotted tinsandsubmit tothe - SALEM CONSERVATION COMM.
prior to commencement of work
To
_&suing Authority _
Please be advised that the Extension Permit to the Order of Conditions for the project at
File Number has been recorded at the Registry of
has been noted in the chain of tills of the affected property in accordance with General Condition 8 of theoriginal order of conditions on
9 9 If recorded land,the instrument number which identities this transaction is
If registered land.the document number which identifies this transaction is
Signature
Appl Cant
_7.2
i-
,^'`°"°' Ctu of *Irnt, Anssttr4usetts
Pnblir Froplertg cPtPWtMtnt
pn pPpnt
May 12, 1972
�uvm 7, Qlitq fall _
Albert and Vincent DiLisio
Essex Street
Swampscott, Massachusetts
Gentlemen: Re-Operating Golf-driving Range on Swampscott Road.
Enclosed is a copy of a communication received today from the office,
of the City Solicitor. This . is a reply to a request to that office for
counsel with regard to your proposed golf-driving range off Swampscott
Road. t
If you propose to continue with this project may I advise you that
t
the Appeals ,Board is holding public hearings on June 1 , and if all of the
y ..i
' required data is presented in this office by Monday noon we shall be able
Y
e � I
toincludeyour appeal with those already prepared for this meeting.
The enclosed forms must be filed in triplicate , a plot plan must be
submitted, and a check made payable to the Salem Evening News Publishing
Company 'in the amount of $25.00 to cover the cost of advertising this
� M
" public hearing notice must also „be included.
' '• y” Very truly yours,
DJOB:cc :
Encl. 5 >.. Inspector of Buildings
i
4
1 po
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•OIM{O
CITY OF SALEM ALBERT R. PITCOFF
MASSACHUSETTS CITY SOLICITOR
70 WASHINGTON STREET
SALEM, MASS. 01970
744-2172
May 11 , 1972
Daniel J. O 'Brien , Jr.
Building Inspector
City of Salem
Salem, Massachusetts
Dear Mr. O 'Brien :
A request has been made by ?%1r. Albert
Dilisio for permission to operate a gold driving
range on Swampscott Road in that area which has
been zoned as an industrial area. Such a use re-
quires a Special Peripit to be granted by the Board
of Appeals under the usual procedures of that Body.
A golf driving range is not one of the
permitted uses of an industrial zone under Section
V of the zoning ordinance. .. However , those uses to
which an industrial zoned area may be used by spec-
ial permit , under the provisions of Section V
(Special Permits-b) , are "all Special Permit uses
+ for B-2,B-3 and B-4 Districts subject to restrict-
ions specified for such use" . In B-2 Districts as
to special permits , subsection c , it is provided
that by special permit land may be used for "Places
of commercial recreation and entertainment , such
as bowling alleys , roller rinks , golf driving ranges ,
miniature golfccourses , and drive-in theaters ' .
It is quite clear, therefor , that a
special permit must be applied for and granted by the
{ Board of Appeals before the land in question may be
` -r used as a gold driving range .
ry truly Y
V
}
LZ
r
William H. K. Donaldson
7
i
Bf.ldl_DdPdr, DEPT
,F �anserfr�ttaxt (ffammcsstan
z ,
Tse C\ <? ctlEttt� ISS E lice##S MAY r'8 DI PH 176
CITY OFEC[IV[D
Mr. Joseph G. Ragone
May 27, 1976 SALE W,MAS$,
437 Main Street
Lynnfield, Ma. 0194.0
DEQE File No: 64-11
Dear Mr. Ragone:
Enclosed is the order of conditions for the work you propose on
Swampscott Road, Salem, Massachusetts. Please note that you cannot
commence work until the 10 day appeal period from the day you receive
this order has elapsed and until you recti d this order in the
Registry of Deeds. A copy of .the deed should be sent to the Commission
and a sign displaying the fil& number should be displayed on the
site. Since you intend to take two years to complete the project, it
Will be necessary for you to apply annually for an extension of the
permit.
Yours sincerely,
Brian E. French
BEF/aef Chairman
i cc: DEQE Wetlands Division
DEQE Division of Waterways
! John Powers, Building Inspector
Planning Board, city of Salem
1
Y
THE COM1M0NWEALTH OF M_ASSACHUSETITS
ORDER
WETLAND PROTECTION ACT
G.L.c. 131 s.40
i
FILE NUMBER: 64 - 11 PROJECT LOCATION: Swampscott-Rd.
Salem, Ma.
TO: Joseph G. Ragone, 437 Main Street CERT. 14AIL NO: 483213
Lynnfield, Ma. 01940
RE: NOTICE OF INTENT AND PLANS DATED: DATE OF RECEIPT BY
DATE OF PUBLIC HEARING: 4�a/76, CONSERVATION CO`4MISSION4/28/76
5/10/76, 5/17./76.
Pursuant to the authority of G.L. c.131 s.40, the Salem Conservation Commission
has considered your notice of intent and plans
submitted therewith, and has determined that the area on which the
proposed work is to be done is significant to one or more. of the interests
described in the said act. The Salem Conservation Commission
hereby orders that the following conditions are necessary and all work
must be performed in. strict conformance therewith:
V
CONDITIONS
1 . Failure to comply with all conditions stated herein, and with all
related statutes and other regulatory measures, shall be deemed cause
to revoke or modify this order.
2. This order does not grant any property rights or any exclusive
privileges; it does not authorize any injury to private property or
invasion of private rights.
3. This order does not relieve the permittee or any other person of the
necessity of complying with all other applicable federal, state, or
local statutes, ordinances, by-laws and/or regulations.
4. The work, authorized hereunder shall be completed within one (1) year
from the date of this order. The order may be extended .by the
issuing authority for one or more additional one-year periods upon
application to the said issuing authority at least thirty days prior
to the expiration date of the order or its extension.
5. Any fill used in connection with this project shall be clean fill,
containing no trash, refuse, rubbish or debris, including, without
limiting the generality of the foregoing, lumber, bricks, plaster,
wire, lath, , 'paper, cardboard, pipe, tires, ashes, refrigerators,
motor vehicles or parts of any of th6 foregoing.
6. No work may be commenced until all appeal periods have elapsed from
t e order of the Conservation Commission or from a final order by
the Department of Natural Resources has elapsed.
"D"
30 -
CO\DIT=O\S CONTT_NUED PAGE 2 r:LE '_vo. 64 - 11
7. No work shall be undertaken until the final Order, with respect
to the proposed project, has been recorded in the Registry of
Deeds for the district in which the land is located. Copy to
be furnished to issuer of this order showing book an& page.
B. Upon '.completion of the work described herein, the applicant
shall forthwith request, in writing, that a Certificate of
Compliance be issuedstating that the work has been satisfactorily
completed.
9. A sign shall be displayed at the site not less than two square
feet or more than three square feet bearing the words,
"Massachu etts Department of -e�Yrt� G - g File
Number - 11 , Tivfronmenta Quality Engineering
10. Where the Department of Natural Resources is requested to make a
determination and to issue a superseding order, the Conservation
Commission shall be a party to all agency proceedings and hearings
before the Department. of Natural Resources.
11. The work shall conform to the following described plans and
additional conditions:
See Attached Sheet A
31 -
A-1
Joseph G. Ragone DEQE File No: 64-11
ATTACHMENT A
11 (a) All work shall be done according to tha revised plan, titled Plan
and Profile with Compensating Storage, P -1919 - Salem, Joseph
Ragone, which was submitted at the public hearing on Monday, May
17, 1976 to show the revised filling scheme with th4 open
channel. Construction shall be phased and with siltation
prevention as described in a letter to the Commission from
Kenneth J. Bouffard, Engineer, of Northeast Engineering and
Survey Co. , Inc., Peabody, Ma. , dated May 14th, 1976.
The channel design is understood to be in accordance with the
revised calculation submitted at the public hearing on Monday,
May 17, 1976, by Northeast Engineering and Survey Co. Inc. ,
Peabody, Ma.
Additional 'conditions are as follows:
11(b) The riprap shall be of stone of shape and size and laid to reflect
the value of Mannings n of 0.02 in the calculations. The riprap
shall extend vertically 1 foot above the design water elevation
due to the 100 year rainfall.
ii(c) All channel slopes not constructed in bedrock shall be no greater
than 12 horizontal to 1 vertical. All slopes above the riprap
shall be covered with loam and seeded with grass from the top of
a
the riprap to at least 3 feet from the top of the slope on the
upper surface.
11(d) The temporary dams shall be adequately constructed to with-
stand flood flows and shall be cleaned as required to prevent
siltation downstream of the site.
11(e) The new channel shall be properly flared into the existing stream
at the east end of the site.
11(£) All fill shall conform to condition 5 which requires that all the
material which has been dumped into the area from Swampscott Road
shall be removed before commencing with further filling.
11(g) The proposed ditch from the pond on the south of the site to
Forest River shall be cleaned by removing all materials dumped
or stored on it. This ditch shall not be dredged or altered so as
to drain or partially drain the pond. The length of the ditch in
the proposed fill area shall have riprap and seeding as specified
for the5mbdn channel.
11(h) The pond and marsh on the south of the site shall.not be drained
filled or altered.
11(i) All debris, materials and machines in the pond or at the edge of
the pond on the south of the site shall be removed to at least
20 feet from the pond.
A-2
11(j) The removal of debris, material and machines from the pond and
ditch shall be completed by the 31st of July, 1976. The
Commission shall be notified by letter when the removal has
been completed.
I
Y
i
1
CON D=TONS CONT_TNUED PAGE 3 FILE N0. 611 — 11
The applicant, any person aggrieved by this order, any owner of
land abutting the land upon which the proposed work is to be done, or
any ten residents of the city or town in which such land is located,
are hereby notified of their .right to appeal this orderlto the
Department of Natural Resources, provided the request is made in writing
and by certified mail to the Department of Natural Resources within
ten (10) days from the issuance of this order.
ISSUED BY Salem Conservation Commission
L 1
On this 241 th• day of May 1976 , before me personally
appeared the above Commissioners,
to me known to be the personsdescribed in and who executed the foregoing
instrument and acknowledged that kQ executed the same as 4,,i-s free act
and deed. they their
MMy CO 3, is `:ni :
1 S
,.;; commission expires: IYu'�1ClZ 7, 1)30
32 -
` flUl'LDI
ON coi; u' BUILDING D. p�
Conservation C
Saleip . Alassachusctt.,tM 7O'
11:iss..C �M RFS J'4F.3 WA55 CITY 0Ffs tEkl�Rp�55.
0 y OF October 8, 1976
By Certified Mail
Mr. Joseph G. Ragone
437 Main Street
Lynnfield, 14A 01940
Dear Mr. Ragone:
I write to advise you that the Order of Conditions to perform work on your
land adjacent to Swampscott Road was revoked by the Commission at the meeting
of September 27, 1976 for the reasons explained in the enclosure which cer-
tifies that a -vote to revoke the Order was make by a quorum of members.
Since the Order was revoked you are not now authorized to continue work on
the land and all work must immediately cease. The Conservation Commission has
directed the Legal Department to help rectify the situation through legal
action since you are unwilling to comply with the Wetlands Protection Act.
Enclosed is a bill for $50 dollars for tests made on the stream water and soil
on your land which you requested the Commission to have made at your expense.
Geochemical Associates has repeatly requested payment without avail. The
Commission has paid the bill and now requests reimbursement from you.
Yours since
6,,to-Ei. !T�A
an French.
Chairman
BEF/sm
c.c. William Tinti, City Solicitor
John Powers, Building Inspector
DEQ , Wetlands Division
DEQ , Division of Waterways
Kenneth J. Bouffard, Northeast Engineering & Survey Co. , Inc.
fl/ 0 � O
Co en omiLssW
:; C1, Salr nr. Uascachui;etts 01970
July 26, 1976
By Certified Mail
Mr. Joseph G. Ragone
437 Main Street
Lynnfield, MA 01940
Be- DEQZ File No. 64-11
Dear Mr. Ragone:
Please be advised that the work being performed on your property on
Swampscott Road is not in accordance with the Order of Conditions issued
to you by the Salem Conservation Commission, dated May 24, 1976.
Enclosed is a copy of the letter from Northeast Engineering and Survey
Co. , Inc. of Peabody which is referred to in Section 11(a) of the Omer
of Conditions and in which both the phasing of the work and the proposed
siltation control is described.
Phase 1 requires that the southerly side of the wetland be filled to
facilitate movement of trucks and blasting equipment for construction
o£ the river channel. It is required that a dam be built to prevent
downstream siltation. Inspection on site, however, has revealed that
filling is proceeding on the northerly side of the wetland and that
there is no dam constructed. If this situation is not rectified by
August 31, 1976, the Commission will have no alternative but to revoke
the Order of Conditions, which will require all work to stop.
Please note that Section 11(j) requires that all clearing specified
in Sections 11(g) and 11(i) be completed by July 31, 1976. If this
is not accomplished the Commission will be forced to revoke the Order
of Conditions.
Yours+ sincerely,
Brian f French
Chairman
BEF/sm
c.c . DEQY, Wetlands Divis_o-.
D7-Zr Division of Wate-rways
john Powers, Builai'v Inspector
Planning Board
William Tinti, City Solicitor
Kenneth Bouffard, iio-:beast Engineering w Survey Co . , Inc .
October 8, 1976
REVOCATION OF ORDER OF CONDITIONS GRANTED JOSEPH
G. RAGONE, LYNNFIELD, MA. , DEQ FILE NO. 64-11
This is to certify that at a public meeting on September 27, 1976, the Salem
Conservation Commission voted to revoke the Order of Conditions granted under
the Wetlands Protection Act to Joseph G. Ragone of Lynnfield, Massachusetts,
to perform work on land adjacent to Swampscott Road, Salem. The application
under the Wetlands Protection Act is identified by DEQE file no. 64-11 and
the Order of Conditions is dated May 24, 1976. The action was taken because
the work on the site is not in conformance with the Order of Conditions for the
following reasons:
(a) Equipment has not been removed from the pond and stream within the
specified time period;
(b) Filling of the marsh is not phased as directed to minizize siltation;
(c) The siltation dam has not been constructed;
(d) Unacceptable material is being used as fill.
This vote was taken following a letter, dated July 26, 1976, from the Com-
mission to Mr. Ragone to advise him that if the Order of Conditions was
not adhered to by August 31, 1976, the Commission would revoke it.
The motion was made by Paul Willis, seconded by Donald Hunt and voted in the
affirmative by the following bers who formed a quorum:
Paul Willis
Donald Hunt
David DeVoe
Bradford Northrup W
Brian E. French
Chairman
,�� , V� \LtiJI�IG DEPS �} r�
kj
IS CHESTNUT STREET, PEABOirOM USETTS 01960
NOLUAm A. KROL • P11 5320028 REAL HT"TE DESIGN
UOUTY & WCHWAY Ma GN
SURVEY ENWOE
I REnIOWI SANUARY SYMONS
KEt,;D:rrFi J. BOUFFARD ENVIROMMENTAL STUDOS
CONSTRUCTION MANAGEMENT
iw.
Mop womenvntion an"Ansim!
Une lalem C,re n,,),
Raley, Ensmachusetta 0197'c''
Re : ADplication of josenk Ragone
S"Onscott Dons .-itC.
Deer 7r. French:
Please be a-avised that the folio .i_ in our schedule for
cOnsffuction of a n8w chmnel and Alliqy o" the land or
the Arest liver:
Phase 1 - Phase I will involve fillinj GlonF the
sontherly side of the Misting stream to OvAllitate
movement of trucks and en-vinvent to Mat for proposed
channel ;
Mae 2 - This will tl-ta actowl construction
K the channel , i . e . , blasting of the ledye and placipc
of the riprap aionE the strem;
Phase I - This will irvolve filling of the
Are= tc elevation 79 as shown on tha comyny pism ,
Mther be advised that Winn ph,?e 1 , a don -Al be
nro-Aded It the 07it 0? thp nNstiz stmam to prevool-,
Yltatton nP M"n dv7vFtrnm7 -req . "417 411 be ARnnM
-nd the Olt ryno-YO an ofhon pc �ocnnnw--.
lrW 02ce 3 a y"Alar 07 All he cQnstracted at tM
074t of tAs nen 01- acal , onna A-71q, to -rompt niMptio-7
downatrean. M1 !so &V w -,l .e_. SA the silt re-
Ys ofton on nplepwrn .
nevnvth 1 . 10MV. 7n inner.
n
lli'I ) of '�5211Litt' C�bssactjIT58R5;
Wup -15cZlpltl Grrpn
REQUEST FOR REVIEW C=ENTS
SPECIAL PER14IT
DATE: January 9 , 1981
TO: ( �) Building Inspector ( ) Conservation Commission
( ) City Engineer ( ) Other:
( ) Board of Health
li
Attached please find the application referenced below. The Planning Board
requests that you review this application relative to Sd.ction VII of the
Zoning Ordinance. We would appreciate your completing the form below and
returning it to us. Notice of the public hearing for this application will
be forwarded to you.
(XX)o WETLANDS & FLOOD HAZARD DISTRICTS
( )
*CLUSTER DEVELOPMENT
( ) PLANNED UNIT DEVELOPMENT
APPLICANT: Joseph G. Ragone
PROJECT NAi!E & ADRESS: Mini-Warehouse Self Service Storage Facility
Swampscott Road, Salem , Massachusetts
CONTACT PERSONS AND PHONE:
465-0058
Applicant: Philip G. Christiansen Qft)yt W: Newbury
C%ZIENTS DUE BY: February 19 , 1981
(Failure to comment within 35 days shall be deemed lack of opposition.)
( ) Concur with proposal (Explain on reverse side)
i
( ) Need more information (Explain on reverse side)
( ) Cannot concur with proposal (Explain on reverse side)
( ) Comments included
REVIEWER'S SIGNATURE TITLE DATE
Addendum # 1
Notice of Intent, Environmental Data Form, Page 5
Description of Property involved in Application:
The following changes in the site boundries should be noted:
Easterly: by Swampscott Road on three lines measuring
together four hundred seventy and 18/100 (470. 18)
feet;
Southeasterly: by lots 324 A & B and one line measuring
six hundred fifty two and 84/100 (652, 84) feet;
Southwesterly: by lot 531, two hundred sixty six and 18/100
(266. 18) feet.
Joseph G. Ragone
Application to the Conservation Commission
December 17, 1980
Lic. No.7268 Tel. 233.0133
BUILDING DEPT
N t P1 M I ANN tAtl ;16 ilk
5 Stockade Road * Saugus, MassachusetQTOfl( OWIIEM.MASS,
January 17, 1977
Building Inspector
City of Salem
Salem, MA 01970
Attn: Mr. Manther
WARREN BROS. COMPANY, LEASEE, PORTION LYNN SAND & STONE
We are enclosing herewith a copy of the approval for
the above project frog: the Department of Environmental
Quality Engineering.
Mr. Cameron has assured us that this letter meets a1.1
the requirements of the Salem Health Department, and
we may proceed with this project without delay.
The construction of the metal building, which has met
your regulations, will be installed by Stone - Span Inc. ,
30 Boston Post Road, Wayland, Mass.
Stone - Span Inc. will file the building permit. If you
have any questions, please do rot hesitate to give me a
call.
Thank you for your cooperation in this matter.
Sincerely,
Arthur B. Rumson
ABR:sr
Enc
J
y.. / • Pi•� � `� � �N �J V �/�i�/1VWVVVNY -
Department of Environment(/a� Qualif}yEng/i�nQeering
" •.'�Y �dCl/J'1Fi77LrillfiC�/JGG�e,7�ClLCC�L
r
NORTHEASTERN REGIONAL OFFICE -
TEWKSBURY HOSPITAL - -
TEL: 617.651.7261 TEWKSBURY 0112196
December 28, 1976 C -:r
HFALTrI E_:
John J. Toomey, D. P. M. , Re: Salem - Warren Bros. Roads Inc,
Health Agent
Board of Health
Dr. Israel Kaplan Public Health Center'
Off Jefferson Avenue
Salem, Massachusetts
Dear Dr. Toomey:
The Department of Environmental Quality Engineering has received your
request dated October 18, 1976 relative to the proposed installation of a
sewage holding tank at the Warren Brothers Roads Inc, asphalt plant located
Off Swampscott Road in the City of Salem, and has had one of its engineers
examine the site and review the plan submitted,.
It is proposed to provide two 2, 000 gallon precast holding tanks in series,
with an alarm system to indicate filling of the first tank, the second to operate
as an emergency overflow. These tanks would receive waste from a small
toilet/lavatory facility at the.site, and waste would be pumped by tank truck
and transported to the Town of Saugus sewer system.
The area where these facilities must be provided consists entirely of ledge
with thin crushed trap rock overburden. The installation of conventional sub-
surface sewage disposal facilities in accordance with Title 5 is not possible
and a connection to the municipal sewer is unavailable.
In view of the nature of the area and the small and seasonal nature of the
flows to be handled, the Department of Environmental Quality Engineering does
not deem the issuance of the requested variance to be in violation of the spirit
of the code, subject to the condition that all materials pumped from these tanks
are disposed in a sanitary manner at an approved site into a municipal sewer.
Re: Salem '- Warren Bros. Roads Inc.
A Disposal Works Construction Permit must be obtained from the Salem
Board of Health prior to the start of any.construction.
No environmental assessment form is required to be submitted for this
project since it is exempt under the Environmental Protection Regulations of
the Executive Office of. Environmental Affairs, and the projecthas therefore
been determined.to cause no significant.damage to the environment.
Very truly yours,
,���/
ruce K.. Maillet
Manager
BKM/Ekat/c
cc: Craig Engineering
209 Cedar Street, Dedham, Mass. 02026
t,
OW.. No. 7268 Tel.233-0163
R t P1 I ANO tl INC .
5 Stockade Road * Saugus, Massachusetts, 01906
June 17, 1976
Building Inspector
City of Salem
Salem, MA 01970
WARRED' BROTHERS COI4PANY, LEASEE, PORTION LYNN SLND & STONE
Proposed building to house sanitary facility consisting of
one water closet and one lavatory..
Loca.tionr Refer to Plan L-449A (copy enclosed). Approxi-
mately 115 feet, starting at center line of Ashphalt Plant
and continuing north to center of prposed building.
From east to west - directly on center line of asphalt plant.
Proposed building to be approximately 10 feet by 10 feet,
constructed of pre-fab metal structure..
C •
June 28, '1976` n
Board of Health
Off "Jefferson Avenue
Salem, MA 01970
Attention: . Colin Cameron
Dear Mr. Cameron:
This is;to advise that the Warren Bros. plant off
Swampscott Road is in an Industrial Zone. k
Asphalt planta-are a permitted use in an Industrial Zone.
Very truly yours.
r -
4Assistant Building Inspector
-DFM:tc
June 28, 1976
Board of Health
Off Jefferson Avenue
Salem, MA 01970
Attention: Colin Cameron
Dear Mr. Cameron:
This is to advise that the Warren Bros. plant off
Swampscott Road is in an Industrial Zone.
Asphalt plants are a permitted use in an Industrial Zone.
Very truly yours,
Assistant Building Inspector
DPM:tc
LYNHURST PLUMBING & HEATING, INC.
5 STOCKADE ROAD - SAUGUS, MASSACHUSETTS 01906- PHONE 2330153
October 22, 1976
Building Inspector
City of Salem
Salem, MA 01970
Attn: Mr. Manther
WARREN BROTHERS CO.) LEASEE, PORTION LYNN SAND & STONE, SALEM
AS you requested on the telephone, I am enclosing herewith
three copies of the blueprints for the above job.
Now that; you have all the necessary requirements, I shall
be in touch with you regarding the issuance of the
permit.
Thank you for your cooperation in this matter.
Sincerely,
Arthur B. Rumson
ABR:sr
Enc (3)
�� I• g����C����J7b
Jack: See the attached letter ��H 1RECO1 e0 gQss,
Warren Brothers (Jim Hetjlen 592-590%�,*rk§ ed the previous
Building Inspector gave them an ok to have a asphalt plant in Salem ????Z
Until we have an OK from you we will not proceed on their request for a
private sewage disposal system.
Colin Cameron
/`...,r LIC. NO. 7263 Tel. 233-0153
it
LYNHURST PLUMBING & HEATING, INC. f� B I G AND I tl G, I N C
5 STOCKADC ROAD d �r Saugus, Massachusetts, 01906
SAU OUS, MASS. 01906
ARTHUR B. RUMSON 233-0153
!aril 1.i 1976
�l
j
Board of Health
1 Den j•tmtent of Sanitation
I r „
ti C'J.D.) CO. , li C. - TCILIE
Gentl_enen:
y acting on behalf of 'jarre
n, Brot%:ers Roads Co. Inc.
509 I,.air. Street, Saui_7,usl I tri 1:'ril;ing you herePtith� in
\ rA »d to inforrla
ticn or, the instajj�ctl.cr_ of semi e-py
(Z� % .-isrosa.l area to be loc< ted on the nrofert,, of Lynn S-
i Stone Cor pang on Si7,--,'-scott Road.
J
1
Warren Eros. Roads Co, any hes 1 e . ed. a ccrtion or the ocve
for�F 1c-rd Ci t^e O r2ilOr of cf SP'l It ft 'D"e tC clime - ..
seasonal oceratio ! , of tlit_S Fa cilit Cl
,*� _ ' S r•1 `.nt ill be in
- tion from Apri.i � .reu ,h Oc , berg derendirg on local
weather conditions .
The o?;era tiCr of this r;lant 1.'7.11 rea.uir C.--the_ -_:pl.oyr,c.rt. of . ..
lea four persons 17( ich will necessitate the need for one water
C closet and one lavatory for their use.
J
I ' ould like to arrange ? rcceting r.with you ii?o- der trc t -e
nc r C/Orr' out clTilt rV d �.
isCscl Sy ster'i that v ll be O ccer-
I table to the city ci Seler-:,
�" ✓ Thenl'. 1 or your co-,-,;^.er tion in ibis natter.
Sincerely,
0,�*-Lt . .
Lrtl]rlr B. 21111".SCTl
Enc.
t
�S•.ca:N-raglul •"I DEPT
H CENTER
DR. ISRAEL KAN
PLA�__P`y
�� OARD OF7>L A T��
101 e
`Jlfi ;. MASS:
alp ;,Maagar�hn`etis`
ISRAEL KAPLAN. M. D. FrL4II\T »"�¢ JOHN J. TOOMEY, D. P. M.
JOSEPH R. RICHARD HEALTH AGENT
J. ROBERT SHAUGHNESS` . M. D. 16171 7 45-9 000
ROBERTBLENKHORN
M. MARCIA COUNTIE. R. N.
MILDRED C. MOULTON, R. N.
EFFIE MACDONALD
May 25, 1976
Mt. John Powexs
Building I n pec ton
I Salem Gaeen
Salem, MA 01970
Deat Mt. Poweu:
This depaAtnent has n.ece.ived a nequeat 4on a private sewage dt,6pozal
system bon WagAen Braathens Roadb Company at a ptopaaed aisphaCt pPant
obb Swampscott Road. The ptant .is to be opehated on a .seasonal baa.is
bnam Apait through Octobeh depending on Racal weather conditionz.
Has approval been given bon buied.ing and opekation ab the aspha t
ptant7
Vey tuty yaks,
FOR THE BOARD OF HEALTH REPLY TO:
1
JOHN J. TOOME , D.P.M. COLIN E. CAMERON, R.S.
Heath Agent Seni.on Sanitahian
T/c
A
BRW ANY
SINCE 1900 'r 430 HOWARD .STREET
MASS. DISTRICT - " BROCKTON, MASSACHUSETTS02402 `
" 617-688.3660
March 27, 1974
-
Mr. Daniel O'Brien a L- fi }
Inspector of Buildings"
City of Salem
5 Broad Street
Salem, Massachusetts 01970
Ree Proposed relocation'of warren Brothers°Company �.
Bituminous Concrete Batching Plant from
Acushnst, to Salon, Massachusetts s -
Dear Mr. O'Brione
As requested, enclosed please find copy of letter dated April 4, 1973
from Massachusetts Department of Public Health, Bureau of Air quality
'Control, regarding the dust collection system `as installed on Marren
Brothers Company Asphalt Batching Plant,#6-173.
t "
As.-we have discussed previously, the• propossd' relocated Asphalt Plant
will beuipped with this same duet pollution control equipment as
detailed in the enclosed letter.
It is the intention of Warren Brothee Company to relocate Asphalt
Batching Plant #8-173 with all associated pollution control equipment
and to operate same, stall times, in strict conformance with all
applicable pollution control requirements.
Enclosed please find letter. dated February 4, 1974 from Bureau of
'Air Quality Control which refers to .their previous letter of approval
dated April 4, 073.
Please feel free to call if you have any questions in regard to this
matter. -
Very truly yours,
WARREN BROTHERS COMPANY
Div. of Ashland 0119 Inc.
k
Richard J. Bu e
Project Engineer ,
a yx X30
# . RJBemr �.
` ENCLe %DIVISION OF ASHLAND^OIL.JNC.
" ..A
I,;r{ ��arGuieirG c �1"�c��ri X—aieVI
1
) e sl �
r y G00 7`at/rci��do/v.%�iccl Jtoo�iv �0
DIVISION or
ENVIRONMENTAL HEALTH '
TLL7 (617) 727.2690
April 4, 1973
Farren 3rothers Cormpeaiy
Central. Plaza
675 'a_ssachusetts Avenue !11^1 r
Cardoridge, Massachusetts 02139
(
Attention( - lir,. Henry D. Walsh 'Regional BaGineer �QiIr
Re. E; tPCD - Acu,hnet
Proposed Dust Collection
System to be Installed
at `,Farren 'Irother.s Co.
Asphalt Datchin(; Plant
Application S1I•-73•-IF-002
Gentlemen:
I
1
Tale Depart^.ent is in receic;t of your letter of transruttal de.ted
rebruary lu, IP73, ai7d t-ree sets of t:Ie filial plans, specifications , emd .
Sta.udexd Operating Procedure for the pro•?osed dust collection syztcr,I to
be installed at barren -3rothers Compacly Asphalt Hatching Plant :Io. 8-173
locateel Off South ;Taro Street, Acushnet, tsssachusetts. .
• I
The plans, two in numb--r, are titled: �
1. Assembly Drier - 'Nuisance Air System
Plant 8-173, Dated 1/11/73, #x20311
2. Plot Plan Plant 8-•173
Dated 2/10/73, :'20361 �
A review= of the nlc.ns, specifications, and ,';tandard Operating Proccdlre
iIldicates that the prol)oa,ed dust collection systelm ?rill consist Of an 11 foot
diameter cyclone supplied 'x iiarren irot'Jerr, CoT:Jan", a bagnousc t ^e dn:t
collector ar, natlufactuxed tir Pulse Clean, inc. of LTi,:horne, Penns;;lva.ni�., a
::e.r for ::io;rex C011?.ily !-._. sire 711 e:•'_:aust fail, assoclatcO. duct ;:or;:, and
exhaust staclCy. 32 feet in hei3ht. iuGitive air frol.l the screen en(l aei.,
box area rill be added to the exaaust from the c;rclone servicirc the direr
(47,000 cfn at 2600F) and vented throu,h the bal-house tylle dust collector
(52,000 cfm at 250OP) ; the entire system is designed to limit particulate
evlissions from the 300 ton per hour asphalt batching plant to 8.4 mounds per
hour.
The Department is of the opinion that the plana, sp_cifications, and
Standard Operating, Procedure are in conformance vita modern air pollutio:.
control.enGineering practice. and hereby anproves them as submitted xitiltile
proviso that the Southeastern.`.Ifassachusetts Air Pollution Control District ue
notified .rhen .the .sub�ect dust collection?,system';is operational and ready for
.'field inspection.
Enclosed .is_one stanped, approved set of. the -plans, specifications, and
Standard. Operating Procedure.',.
V,ry truly yours,
Gil'eert 4'. Jolt'oly
'
Director .
'Bureau of Air Quality Control
C — SIIAPCD '
C Board of Health �-
i-
R.ECi: IVEL
APIR 17 ID"
PTvl
T St,VIi:
f ,
i
S
j`
~i� \.. ,� eJi�P/ % 4lll/!ll4lt tGY'ItCGe/�CIIdJCLCf1 CldPtf.�
E I V E
WILLIAM J. BICKN ELL•
�I COM MI8810N6Y M.wOg[
727-2653 0oiIiIJnV•�,
'j.PC
isN R H PLANS J�
February 4, 1974
Warren Brothers Company Re: MBAPCD - Swampscott
Central Plaza Proposed Relocation
675 Massachusetts Avenue of.Warren Brothers Co.
Cambridge, Massachusetts 02139 Bituminous Concrete
Attention: Mr. Theodore J. P,apullo Batching Plant
Engineering Manager, Plant Services
Gentlemen:
The Department of Public Health is in receipt of your letter dated
January 23, 1974 requesting permission to relocate the 300 ton per hour
bituminous concrete batching plant located off South Main Street,
Acushnet, to psetPet, Massachusetts.
The plans, specification, and Standard Operating Procedure for the
i subject facility were previously approved in a letter from the Denartment
of Public Health dated April 4, 1973, forwarded to Mr. Henry 0, Walsh,
Regional Engineer of.1-Farren Brothers Company.
1 The proposed relocation is approved with the proviso that the Metro-
politan Boston Air Pollution Control District be notified when the
subject facility. is operational and ready for field inspection.
i
V truly yours,
Gilbert T. Jol�y
Director
Bureau of Air Duality Control
t
J/Esdam
i
0
1 .
PANY
1"""""� W""•
CENTRAL P LAZA, 6.75 MASSACHUSETTS AVENUE
SINCE 1900
CAMBRIDGE. MA'SSACHUSETT5 02139
(6171 976-<e20
January 28 , 1974
Mr . E . M. Comproni
Massachusetts Division of Environmental Health
Bureau of Air Quality Control
600 Washington Street, Room 320
Boston, Massachusetts 02111
Dear Mr. Comproni:
This letter is a request for a permit to operate our 8 , 000 lb .
asphalt plant No . 8-173 which we plan to relocate as soon as
possible from Acushnet , Massachusetts to Swampscott , Mass . In
1973 this plant was assigned your file number SM-72-IF-004 .
We enclose one set of plans and specifications which originally
were submitted with our application for permit to operate this
plant when located in Acushnet . We have substituted Plot Plan
No . L-449 (replacing drawing No . 20381-3) showing the location
of this plant on Lynn Sand and Stone Company property, off of
Danvers Road in Swampscott, Massachusetts .
The operation of the plant will be as outlined in our original
application for Acushnet and approved by the Commonwealth per
your letter of April 4 , 1973, cooy of which is enclosed.
If further information will be required for issuance of the
requested permit , will you please contact us at the above
address. - telephone 876-43207
Very truly yours ,
WARREN BROTHERS COMPANY
Theodore R pallo
Engineering Manager , Plant Services
cc: JFD - KSC - LPJ - JHH
_ � UtVJ!1MN or ASM.AN0 011.. INC.
Uaw/vrfrr,1jj,,re<,�:{erlf��
ji ^� .;� ���arrGi»c�ali��PJ��f��Yrfi��zJ�n:��l Ju,1•i�Lto�L
�rlc• rove rer u�; c[�r�nilr[h 7trt/CY•
/
/00 V�mir.fr«�ri• lrYcl; ✓cdCoiv Om02
July 2, 1970
Ashland Oil; Ince '
c/o Warren Brothers. Company Div,.
675 Mass Ave.
Cambridge, Mass,
This is to acknowledge receipt of the Statement
Relating to Manufacturing Activities filed by
Your Corporation.
It aPPears from the information contained therein
that this Corpora; ion is engaged in Manufacturing.
In the absence of evidence to the contrary, it is
the intention of this Bureau to classify this Cor-
poration as a iianufacturing Corporation effective
January 1, 1971.
a
9 Very truly. yours,
Commissioner of Corporatians and Taxation
� .
� By ��w�- .
� v v
JY.:alm John Kingsbury
Head Administrative Assistant
i
i
THE COMMOMIEALTH OF MASSACHUSETTS
APPELLATE TAX BOARD
Docket No. 47683
/ WARREN BROTHERS COMPANY
Appellant
V*
BOARD .OF ASSESSORS OF THE TOWN OF SWAI4PSCOTT
Appellee
Docket No. 47684
LYNN SAND & STONE CO.
Appellant
V*
BOARD OF ASSESSORS OF THE TOWN OF SWAMPSCOTT
Appellee
BRIEF OF THE APPELLANTS
Lane McGovern
Ropes & Gray
Attorney for the
Appellants
Y
I
iff
TABLE OF CONTENTS
Page
Statement of the Case 1
i
I
Statement of Facts 3
Questions Presented 7
Stipulation , 9
ARGUMENT 10
I. THE BATCHING MACHINERY IS NOT "REAL
ESTATE" WITHIN THE MEANING OF G.L. I
(TER. ED. ) c. 59 § 3. 10
h
A. The batching machinery is not
a "building". 13
i
i
B. Since the batching machinery (i) .
is used to manufacture a product
(not to operate some part of the
realty) , (ii) was not specially
constructed for or adapted to its
present Swampscott Situs , and
(iii) is not a permanent instal-
lation, being removable without
injury to itself or the realty,
it is not .the type of property
intended to be included within the
meaning of the phrase "other things
erected thereon or affixed thereto. " 16
(1) The batching machinery is used
to manufacture a product; it
is not used "for the operation
of the real estate itself. " 16
(2) The batching machinery was not
specially constructed for or
adapted to its present Swamp- .
Scott site. 24
�r'
� 1
Page '
(3) The batching machinery is not
a permanent installation; it is
removable without injury to the
realty or itself and has , in fact';
been moved to new sites on numerous
i occasions. 27
II. THE TWO METAL TANKS (WITH PUMPS) AND THE
HOWE TRUCK SCALE ARE ALSO NOT "REAL ESTATE"
WITHIN THE MEANING OF G.L. (TER. ED. ) c. 59
§ 3. 36
CONCLUSION 38
0 Old
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CONVERSE PHOTO
10 No. 6th Street
NEW BEDFORD, MASS.
-A -A7
mva % rf�ir �k tt BRO IvC 451PANYPh 35�E1 �• 9. °I 4 �.
k� CNT R A L A P l' Z A 1617.5 M A S S A C H U S E T T-5' AV "ENUE
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CAMBRIDGE, MASSACHUSETTS02139
to nl Biu-43zo 1
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January 28 , 1974 I
Mr . E . M. Comproni
y
I
Massachusetts Division of Environmental Health
Bureau of Air Quality Control
600 Washington Street, , .Room 3201 '
Boston, Massachusetts, 02111 .
Dear Mr. Comproni:
This letter is a request for a permit to operate our 8 , 000 lb .
asphalt plant No . 8-173 which we plan to relocate as soon as
possible from Acushnet , Massachusetts to Swampscott , Mass . In
1973 this plant was assigned your file number SM-72-IF-004 .
We enclose one set of plans and specifications which originally
were submitted with our application for permit to operate this
plant when located in Acushnet . We have substituted Plot Plan
No . L-449 (replacing drawing No . 20381-3) showing the location
of this plant on Lynn Sand and Stone Company property, off of
Danvers Road in Swampscott, Massachusetts .
The operation of the plant will be as outlined in our original
application for Acushnet and approved by the Commonwealth per
your ,let.ter of April 4 , 1973, copy of which is enclosed.
If further . information will be required for issuance of the
requested permit , will you please .contact us at the above
address.'- telephone 876-43207
Very truly yours ,
WARREN BROTHERS COMPANY
Theodore J R pallo
j Engineering Manager, :Plant .Services
cc: . JFD - KSC LPJ - JHH
DIVIGInN 00 ASI It AN OIL, INC,
read V/
` Nip coo 'Yhlze J ,�Y,.�R E C E I V E D.
WILLIAM J.
" BICKNELL, M.D.
COMMI2ON[I � F Vv a
/'U6:uB/L 02111 -
y 1J 74
727- 53 BA `
WNRSHORENPLANT SfRU9G
L.
IV. S
February 4, 1974
Warren Brothers Company : Re: MBAPCD - Swampscott
Central Plaza Proposed Relocation
675 Massachusetts Avenue. of Warren Brothers Co.
Cambridge, Massachusetts 02139 Bituminous Concrete
Batchino Plant ,
Attention: Mr. Theodore J Rapullo
Engineering Manager, Plant Services
Gentlemen:
The Department of Public Health is in receipt of .your letter dated
January 28, 1974 requesting permission to relocate the 300 ton per hour
bituminous concrete batching plant located off South Main Street,
Acushnet, to Swampscott, Massachusetts.
The plans, specification, and Standard Operating Procedure for the
subject facility were previously approved in a letter from the Denartment
of Public Health dated April 4, 1973, forwarded to Mr.. Henry D. Walsh,
Regional Engineer of Warren Brothers Company.
The proposed relocation is approved with the proviso that the Metro-
politan Boston Air Pollution Control District be notified when the
subject facility,Js operational, and ready for field inspection.
V truly yours,
y
Gilbert T. Jolt'
Director
' Bureau of:Air Quality Control
J/Esdam
�I�iI-�I�ce 194
Forms .. - �j(j �� J.
P,
fl rIJU DECEFdeNo. �9y— (eZ1
.. {,.ECE1V"'D— - (To be provided by DECE)
Commonwealth CITY OF SALEM,MASS. ay/Toa, City of Salem
of Massachusetts - ApPh Cwdlug
a
-Order of Conditions
` Massachusetts Wetlands Protection Act
G.L c:131 §40
Salem Conservation Commission
D� One Salem Green
(Name of Applicant) (Name of property owner)
Addres Swampscott Road Address_
This Order is issued and delivered as follows:
Gt 4.by hand delivery to applicant or representative on arl a� �l q" (date)
❑ by certified mail,return receipt requested on (fie)
This project is located at
The property is recorded at the Registry of Essex -
Boob
Certificate(if registered)
The Notice of Intent for this project was filed on Jan. 3, 1986 (date)
The public hearing was closed on Jan 3. 1986 (date)
Findings
The Conservation Commission has reviewed the above-referenced Notice of
Intent and plans and has held a public hearing on the project. Based on the information available to the
Commission at this time,the Commission has determined that
the area on which the proposed work is to be done is significant to the following interests in accordance with
the Presumptions of Significance set forth in the regulations for each Area Subject to Protection Under the
Act(check as appropnate):
C1 Public water supply ❑ Storm damage prevention
❑ Private water supply_ -- (p/1revention of pollution
❑ Ground water supply ❑ Land containing shellfish
food control - ❑ Fisheries
5.1
95 �!
Therefore,the Commission hereby finds that the following conditions are
necessary,in accordance with the Performance Standards set forth in the regulations,to protect those inter-
ests checked above.The Commission orders that all work shall be performed
in accordance with said conditions and with the Notice of Intent referenced above.To the extent that the fol-
lowing conditions modify or differ from the plans,specifications or other proposals submitted with the Notice
of intent,the conditions shall control.
General Conditions
1. Failure to comply with all conditions stated herein,and with all related statutes and other.regulatory meas
ures,shall be deemed cause to revoke or modify this Order.
2. This Order does not grant any property rights or any exclusive privileges;it does not authorize any injury
to private property or invasion of private rights.
3. This Order does not relieve the permittee or any other person of the necessity of complying with all
other applicable federal,state or local statutes,ordinances, by-laws or regulations.
4. The work authorized hereunder shall be completed within three years from the date of this Order unless
either of the following apply:
(a) the work is a maintenance dredging project as provided for in the Act; or
(b) the time for completion has been extended to a specified date more than three years, but less than
five years,from the date of issuance and both that date and the special circumstances warranting
the extended time period are set forth in this Order:
' 5. This Order may be extended by the issuing authority for one or more periods of up to three years each
upon application to the issuing authority at least 30 days prior to the expiration date of the Order.
6. Any fill used in connection with this project shall be clean fill, containing no trash, refuse,rubbish or de
bris, including but not limited to lumber, bricks, plaster,wire, lath, paper, cardboard, pipe, tires,ashes,
refrigerators, motor vehicles or parts of any of the foregoing.
7. No work shall be undertaken until all administrative appeal periods from this Order have elapsed or, if
such an appepi has been filed, until all proceedings before the Department have been completed.
8. No work shall be undertaken until the Final Order has been recorded in the Registry of Deeds or the land
Court for the district in which the land is located,within the chain of title of the affected pioperty. In the
case of recorded land, the Final Order shall also be noted in the Registry's Grantor Index under the name
of the owner of the land upon which the proposed work is to be done. In the case of registered land,the
Final Order shall also be noted on the land Court Certificate of Title of the owner of the land upon which
the proposed work is to be done.The recording information shall be submitted to the Comm i e e i nn
on the form at the end of this Order prior to commencement of the work.
9. A sign shall be displayed at the site not less than two square feet or more than three square feet in size
bearing the words,"Massachusetts Department of Environmental Quality Engineering,
File Number 64-128
10. Where the Department of Environmental Ouality Engineering is requested to make a determination and
to issue a Superseding Order, the Conservation Commission shall be a party to all.agency proceedings
and hearings before the Department.
11. Upon completion of the work described herein, the applicant shall forthwith request in writing that a
Certificate of Compliance be issued stating that the work has been satisfactorily completed.
12.The work shall conform to the following plans and special conditions:
>:
5-2
r
i 96
Plans:
Title Dated - Signed and Stamped by: On File with:
City of Salem, MA:
"Swampscott Road
Sewer and Water
4
. .Improvements " 4159625.01 dated Dec. 31, 1985, by kaul D. ..Guertin. R.P.E.
Special Conditions(Use additional paper H necessary)
1. Except as modified by this Order, all work shall conform to plans subtitted
with the Notice of Intent:." Any changes made or intended to be made in the
plans shall require the applicant to inquire whether the change requires a
new filing.
2. Prior to commencement of construction, an erosion control and sedimentation
barrier plan shall .be established in accordance.with "Erosion-and Sedimen-
tation Control Guidelines," 4113,529-39-100Q,-,2-84 C.R. , dated August, 1983.
Such plan shall be submitted to the Engineering Dept. and Conservation.
- Commission concurrently.
3. Final payment to the contractor shall be subject to issuance of a
Certificate of Compliance by the Conservation Commission.
...........................................................-.........._..................................................................................-.........................
(Leave Space eiank) -
5_3A
♦ I
97
Issued By Salem fAonservation Commission
Signatures174.)
a .
This order must be signed by a majority of a Conservation Commission.
�h
On day of a h 19. �? before me
personally - - to me known to be the
person described in and who executed the foregoing instrument and acknowledged that he/she exeetsed
the same his/her free act and deed
Ll
Notary Public My commission expires
The applicant fha owner,any person aggrieved by this Order,any owner of lad lb-ttinq the land upon which the Proposed work is to
be done or arry ten residents of the city or town m which such lard is located are hereby notified of thew right to request the Department
of Enrtmrrnentsl Quality rynpkneervtg in issue a Superseding Order,providing the request is made by certified mad a hand delivery to
the Department within ten days from the date of issuance of the Order.A copy of the requestshail at the same trtrre fro cern by certified
mail or hand oeWery to tiro Conservation Commaswn end the app6ortL -
Detach on dotted line and submN to the �\�M �f ISI�CU 1 iMCIC'<1M k6*or to commencement of worst.
To Issuing Authonry
Meese be schnsed that the Order of Conditions for the project a
File Number has been recorded at the Registry of and
has been noted in the chain of title of the affected property in accordance with General Condition 8 on - t 9_
11 recorded land, the instrument number which identifies this transaction
It registered land,the document number which identifies this transaction
Applicant
Signature '--
5-4A
Ctu of C�alem, ass21r4usetts
llrpar}utent of jJublic ' ttrLS
(One 5nlent Grern
ANTHONY V. FLETCHER. R.P.E. RICHARD P. SWENSON, C.E.
DIRECTOR of PUBLIC SERVICES Assistant Civil Engineer
CITY ENGINEER
April 30, 1981
W. S. Aiken, Inc.
P.O. Box 996
Salem, MA. 01970
Dear Mr. Swansburg: ,
The City of Salem intends to award to til. S. Aiken, Inc. a contract in the amount
of Nineteen Thousand, One Hundred and Fifty Dollars ($19,150) for the re-roofing of
the Salem Transfer Station.
Please forward to this office, the required Payment and Performance Bonds and
Insurance coverages.
Very ttruly yours,
A. V. Fletcher, P.E.
City Engineer
Director of Public Services
AVF/cc
cc: Mayor Levesque
Richard McIntosh
William Haight, Jr.
Edward Morgani
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Firr BrpatimrnE lirabquarirre ' „ vlgSy ry t*
May 10, 1976
i. Dr. John J. Toomey
4 ' % Shaughnessy Hospital
Jefferson Ave. `+
Salem, Mass. 01970
Sir:
F _+
P As a result of an inspection conducted this date of the Cit
za f Salem Refuse Transfer Station located on Swampscott Road , rA
the following con i ions were noted which shall receive immediate x�,
attention.
The recommendations are made in the interest of fire prevention and ei , 1T'
�., to correct conditions that are or may become dangerous as, to control-
ing a fire hazard and are in present violation of Fire Prevention ,
q Regulation 19, Rule #2 of the Department of Public Safety of the
Commonwealth of Massachusetts. '_
pM 1.• •It has been found that the basic sprinkler system which was
oto have been installed by C E' Maguire Inc. and Comb : .ion
Rd•a` ,a Engineering, Inc. and the refurbishing of the 'standpipeaand L *, "
fire alarm , system by the same companies, as approved on -April.'
,i. 975 by this office, has not been complied with.Ile
r r,
? ` 2. The plan as approved was to provide work to conform to' localxfi ' X4
requirements and N.F. P. A. Standard 13 on Sprinklers, This + . ,h'
was Section 11Bofthe specifications for remodeling the `Salem;' yi
# Incinerator to serve as a refuse transfer station. 'Saidwofilc 'v'
was not done and thus the continued operation of the,refuse
R transfer station is in violation of law.
} 3. At this time I shall therefor deem it proper to `notify you'
' 3 that because of the lack of said fire protection, the facilityi¢i+
DIS� .
May at any time become a total loss due Inadequate fire
` prosection and •faire prevention features.
W. I am therefor recommending that you provide the following firs = "'ry ' i°
a' protection devices and equipment to avoid the ,unpleasant,after'
aF }
e • " effects of a fire.
a. Provide approved heat detection devices, connocte'd' to the
Master Fire Alarm box presently available on the premises. s .
' r b. Provide a dry sprinkler system or a wet sprinkler system
filled with gelitan to provide 'immediate water in the area
where fire could originate. . �Said systemfshall. also be urs;
W ` t provided with a fire department siamese connection on the `
" " front of the structure. This system should also be connected ,.w
r�� � a . .� " s q ......!1e_. a •.. ..r. •. ..,.._. . .www.... \ w e+. ery� ..
s r y i tr �y'yd�. Fa q3
e t �+� .➢, yr�r_...�P+ Ur , ° ig {'i r .. ,Ory 4
YFq.° 6A it+
ti Page #2-Rep6rt"on Refuse Transfer Stationy+dated ,May 10,„1976 ;
r
to the present fire alarm box by use of a water flow switch `f
c. Provide new tested 12 inch hose for the standpipe"`connectionsrt�,'.wx ,
presently existing, but which have been left to deteriorate; i'^11• .'. ' x'
or which have been taken out of service ' for lack of maintenanceipq s
d. Provide the fire extinguishers as were ordered to be in• place
when the operation was initially opened.
1. A minimum of four (4) Class A water air pressure type „t ?k
�F ..-- fire extinguishers should be available for use on Class A='
°. Fires. These shall be 22 gallon size. _yy
y• 2. A minimum of two (2) Class ABC 10 lb. size fire Iextinguishers 4ti
should be provided for use on flammable fluids and . elec
trical fires.
4r
0,6" �,��kM•,i5
Your immediate attention to this matter is vital , to keeping ,thi?
refuse transfer station in operation. Any failure on your part
to take the action on the recommendations as outlined above will, tt
`Yp r be considered a violation of ,law if not complied ,with within sixty � r1.
K days of this notice. �,A`w ,
If at the expiration of the time allowed, these conditions have not te.,.
• been remedied and no cause aforesaid be shown, such furthur' ac,
will be taken as the law requires.
*r Res ctf 1'y submi to
�t'TT
`aw.°
a f
Lieut. David J. ogg
Salem Fire Marshal f
cct Mayor Jean A. Levesque
City Electrician Condon
' Building Inspector Powers ”
Fire Chief James F. Brennan
file
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®u►�p►NG DEPT
MAY as
CITY REEEIVEa
SALEM,Mas&